(Computer) Forensic Investigations
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1 (Computer) Forensic Investigations Karin Mair, CFE Chartered and Certified Court Expert 27 March Deloitte Financial Advisory GmbH Karin Mair, CFE 1
2 Table of contents Types of Fraud and its perpetrators 3 Elements of (Computer) Forensic Investigations 5 References Deloitte Financial Advisory GmbH Karin Mair, CFE 2
3 Types of fraud and its perpetrators 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 3
4 Reasons for committing fraud Fraud Diamond Pressure Pressure to perform Personal financial difficulties Craving for money and success (Corrupt) corporate culture encouraging fraudulent behavior Perceived Opportunity Taking advantage of a trusting relationship Control deficiency: lack of or inefficient controls Fraud Diamond Capability Rationalization Everybody does it! Why should I bother? It s common behavior in a free market economy! Fraud was result of an insult: employee feels being exploited, underpaid or neglected (e.g. no bonus payment) Fraudsters feel coerced to commit fraud due to personal financial situation Position/function in the company Intelligence Confidence/ego Coercion skills Effective lying Immunity to stress Source: David T. Wolfe/Dana R. Hermanson: The Fraud Diamond: Considering the Four Elements of Fraud In: The CPA Journal 2004, Deloitte Financial Advisory GmbH Karin Mair, CFE 4
5 Fraud Tree Common manifestations of Fraud Corruption Asset misappropriation Fraudulent statements Conflicts of interest Bribery Illegal gratuities Economic extortion Financial Non financial Purchase schemes Invoice kickbacks Asset/revenue overstatements Asset/revenue understatements Employment credentials Sale schemes Bid rigging Timing differences Internal documents Other Other Fictitious revenues External documents Concealed liabilities and expenses Cash Improper disclosures Theft Skimming Improper asset valuations Of cash on hand Sales Receivables Refunds and other From the deposit Unrecorded Write-off schemes Other Understated Lapping schemes Inventory and all other assets Billing schemes Shell company Non accomplice vendor Fraudulent disbursements Payroll schemes Ghost employees Commission schemes Expense reimbursement schemes Mischaracterize d expenses Overstated expenses Unconcealed Cheque tampering Forged drawer Forged endorsement Register disbursements False voids False refunds Misuse Theft Asset requisitions and transfers False sales and shipping Purchasing and receiving Unconcealed theft Personal purchases Workers compensation Falsified wages Fictitious expenses Multiple reimbursement s Altered payee Concealed cheques Authorized drawer Source: Association of Certified Fraud Examiners, The Fraud Tree, ( ) Deloitte Financial Advisory GmbH Karin Mair, CFE 5
6 Elements of (Computer) Forensic Investigations 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 6
7 (Computer) Forensic Investigations What When Why? WHAT? WHEN? WHY? Detective or preventive analysis of white-collar crime related issues Detective/Reactive: suspicion or incident driven (e.g. bribes, kickback schemes, antitrust infringements, embezzlement schemes, insider trading, malware analysis) Preventive: compliance or good governance driven (e.g. fraud risk assessment, mock dawn raid, pre-employment screenings) Trigger mechanisms can, for example, include: external or internal audit investigations raising financial fraud related issues (e.g. internal audit, Compliance department) violation of international and national regulations (e.g. FCPA, UK Bribery Act, antitrust law, sanctions, AML) official enquiries (raids) / litigation or dispute cases whistleblowing (whistleblowing-hotlines, letters) Rationale/necessity: compliance, risk and reputation management neutrality and objectivity getting faster results on issues investigated due to e.g. advanced technical tools ensuring chain of custody and admissibility to court in gathering and safeguarding evidence structured and comprehensive presentation of results (report) 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 7
8 (Computer) Forensic Investigations Core elements Business Intelligence Services Background checks on entities and individuals Integrity Due Diligence on vendors/investors Social network analysis Economists and lawyers Forensic Accounting Process and controls assessment Financial data analysis Cash flow analysis Pattern analysis Economists and lawyers Analytic & Forensic Technology Data acquisition Computer / mobile forensic analysis Electronic Discovery Data Analytics Computer forensic experts 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 8
9 (Computer) Forensic Investigations Internal or external Investigation team setup Internal investigation By the Internal Audit function Co-Sourcing Two investigation teams (through involvement of the Internal Audit) One or more co-sourcing teams Multidisciplinary teams Outsourcing external investigation Investigation team of independent forensic experts Confidentiality project name Structure of investigation / Scope (e.g. definition of samples) Multidisciplinary teams: coordination, schedule, definition of tasks Exchange of information and/or reports between teams and/or client and consultant (Dataroom / eroom) 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 9
10 (Computer) Forensic Investigations Our approach 5 6 Prepare and present findings 4 Conduct forensic interviews 1 Perform initial assessment 2 Plan investigation 3 Identify, acquire and safeguard data Process and analyze data Dimension Discovery Enhanced Review Analysis (ERA) Framework 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 10
11 References 2015 Deloitte Financial Advisory GmbH Karin Mair, CFE 11
12 References Karin Mair/Shahanaz Müller: Fraus est celare fraudem Entwicklung der Wirtschaftsforensik: In: Journal für Strafrecht, 2/2015, Verlag Österreich, 130ff. Karin Mair: AUSTRIA. In: Corporate Fraud & Corruption, Annual Review June 2014,Financial Worldwide, 30. Karin Mair/Shahanaz Müller: Whistleblowing. Denunziantentum oder probates Mittel zur Korruptionsbekämpfung? In: Compliance Praxis 1/2014, Lexis Nexis, 10ff. Christa Janshen/Maria Hofer/Shahanaz Müller: Interne Untersuchung Quo Vadis? Ein lösungsorientierter Ansatz aus der Praxis. In: Compliance Praxis 2/2014, LexisNexis,18ff. Karin Mair/Shahanaz Müller/Hubert Wolfschwenger: Wer sucht, der findet! Oder: Wo liegt die Untreue begraben? Ausgewählte Untersuchungspraktiken. In: Jahrbuch Wirtschaftsstrafrecht und Organverantwortlichkeit 2013, NWV, 247ff. Lukas Reiter/Mikhail Arshinskiy: Know Your Data Datenmanagement und Compliance durch E-Discovery. In: Compliance Praxis 1/2013, LexisNexis, 4ff. Karin Mair/Erwin Feierl-Giedenbacher/Shahanaz Müller: Fraud & Internal Investigations. In Petsche/Mair (Ed.): Handbuch Compliance 2 (2012), LexisNexis, 447ff. Karin Mair/Erwin Feierl-Giedenbacher: Forensische Untersuchung in der Unternehmenspraxis. In: CFOaktuell Juni 2012, Linde, 88ff. Karin Mair/Erwin Feierl-Giedenbacher: Compliance im Unternehmen Implementierung und Prozesse. In: Lewisch (Ed.): Zauberwort Compliance? (2012), Manz, 21. Karin Mair/Andreas Gaupmann: Digitale Forensik bei der Untersuchung von Korruptionsverdacht). In: Ecolex09, September 2009, Manz, 741ff. Association of Certified Fraud Examiners: Fraud Tree, ( ). David T. Wolfe/Dana R. Hermanson: The Fraud Diamond: Considering the Four Elements of Fraud In: The CPA Journal 2004, Deloitte Financial Advisory GmbH Karin Mair, CFE 12
13 Thank you very much for your attention! Karin Mair, CFE Partner & National Leader Deloitte Forensic Chartered and Certified Court Expert Deloitte Forensic Austria Deloitte Financial Advisory GmbH Renngasse 1 / Freyung 1010 Wien Tel Mobil kmair@deloitte.at Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Deloitte provides audit, tax, consulting, and financial advisory services to public and private clients spanning multiple industries. With a globally connected network of member firms in more than 150 countries, Deloitte brings world-class capabilities and high-quality service to clients, delivering the insights they need to address their most complex business challenges. Deloitte has in the region of 200,000 professionals, all committed to becoming the standard of excellence. This publication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively, the Deloitte Network ) is, by means of this publication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this publication Deloitte Financial Advisory GmbH Karin Mair, CFE 13
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