Economic Crime Act 2024: Impact on Your Business

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) marks a pivotal moment in the fight against financial crime, bolstering the UK’s commitment to transparency and accountability. Expanding upon the groundwork established by the Economic Crime (Transparency and Enforcement) Act 2022 (ECA), the ECCTA introduces substantial reforms and, in certain cases, revises existing provisions.

This wide-ranging legislation tackles various dimensions of economic crime and corporate transparency, solidifying the UK’s stance as a global leader in combating illicit financial activities. While some provisions are already in effect, others await secondary legislation before full implementation. This article outlines the key features of the ECCTA update, paving the way for a more detailed exploration of its individual aspects.

The Simple Guide to ECCTA Compliance (Even Your CFO Will Understand)

On March 1, 2024, the  UK Government’s Crime, Justice, and Law Department published comprehensive factsheets outlining the key reforms introduced by the Economic Crime and Corporate Transparency Act 2023.

Reformed Corporate Criminal Liability Laws

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) introduces significant reforms to corporate criminal liability laws for economic crimes, making it possible for corporations to be held accountable independently. This enhancement fortifies the framework for applying corporate liability to modern enterprises, especially those with intricate and expansive structures. It acts as a deterrent against senior managers exploiting their positions within the corporation to engage in economic crimes, ensuring they are accountable for their actions.

Modernizing the Identification Doctrine

The ECCTA advances the identification doctrine by codifying it specifically for economic crimes. This provides explicit guidelines for attributing the actions and intentions of senior managers to the corporation. This modernization addresses the complexities of decision-making within large organizations, where authority is often spread across various senior managers. By bringing clarity to the identification process, the reform ensures that individuals with substantial managerial influence are encompassed within corporate liability, thereby promoting accountability at higher organizational levels.

Clarifying the Role of Senior Managers

Under the ECCTA, the definition of “senior manager” from the Corporate Manslaughter and Corporate Homicide Act 2007 is adopted, emphasizing responsibilities and roles rather than mere job titles. This redefinition ensures that individuals who have significant decision-making power and managerial influence within an organization are accountable for economic crimes. The reform targets those who play pivotal roles in the strategic and operational aspects of the business, ensuring their actions are scrutinized and held to account.

Leveling the Playing Field for Small and Medium-Sized Businesses

The ECCTA addresses the previous disparity in prosecuting smaller versus larger companies. Previously, smaller businesses, with easily identifiable decision-makers, were more susceptible to prosecution compared to larger firms with dispersed decision-making processes. This reform seeks to rectify this imbalance by ensuring that senior managers in large corporations, who wield significant decision-making power, can also be held liable. This adjustment aims to create a fairer legal landscape where businesses of all sizes are equally accountable under the law.

How These Reforms May Affect Businesses?

These reforms under the ECCTA signify a major shift in the landscape of corporate liability for economic crimes, directly impacting how businesses operate. Companies will now need to ensure robust internal controls and clear accountability structures, as the law will hold them liable for the economic crimes committed by their senior managers. 

Molly Ross at Audley Chaucer highlights that “the increased disclosure requirements could be burdensome for companies, particularly small businesses.” This sentiment is echoed by others who worry about the potential administrative and financial strain on smaller entities.

Some critics, as mentioned in the Audley Chaucer article, raise concerns about the possibility of government overreach in investigations and the risk of hindering legitimate business operations due to the heightened scrutiny under the ECCTA.

Therefore, businesses must adapt to these updated regulations by revising their governance practices to prevent and detect economic crimes effectively. This shift emphasizes the need for thorough compliance programs and proactive risk management strategies to mitigate the risk of corporate liability and ensure adherence to the new legal standards.

Real Stories of Businesses That Failed to Comply

While the ECCTA is new, it builds upon earlier anti-money laundering (AML) and counter-terrorism financing (CTF) regulations. Here are a couple of notable cases where businesses faced consequences for failing to comply with similar regulations:

• Standard Chartered Bank:  In 2019, Standard Chartered Bank was fined $1.1 billion by US and UK regulators for failing to comply with AML regulations. This included weaknesses in their due diligence processes and failure to report suspicious transactions. This case highlights the severe financial penalties that can be imposed for non-compliance.

• NatWest: In 2021, NatWest pleaded guilty to failing to prevent money laundering after a customer deposited large sums of cash, including £365 million. The bank was fined £264 million, a record penalty at the time. This case emphasizes the potential for criminal liability and reputational damage that can result from non-compliance.

Potential Consequences Under the ECCTA

While these cases involved previous regulations, they illustrate the serious consequences that businesses can face for failing to comply with AML and CTF laws. The ECCTA strengthens these regulations, introducing even more stringent requirements and penalties. Under the ECCTA, businesses that fail to comply could face:

• Significant financial penalties: Fines can be imposed on both the company and individuals involved.
• Criminal liability: In some cases, individuals can face criminal charges and even imprisonment.
• Reputational damage: Non-compliance can tarnish a company’s reputation and lead to a loss of customers and business opportunities.
• Operational disruptions: Investigations and enforcement actions can disrupt business operations.

Minimize Risk & Maximize Protection with CRI™ Group

CRI™ Group understands the profound impact that the Economic Crime and Corporate Transparency Act 2023 (ECCTA) will have on businesses. This legislation introduces stringent requirements for corporate governance and accountability, particularly concerning economic crimes. To navigate these complexities, CRI™ Group offers a comprehensive suite of services designed to help your business minimize risk and maximize protection, ensuring full compliance with the new regulations.

Comprehensive Compliance Solutions

CRI™ Group offers tailored compliance solutions designed to meet the unique needs of each organization. Their services include compliance audits, regulatory advice, and the development of robust compliance programs that align with the latest legislative requirements. By implementing these solutions, businesses can ensure they adhere to the ECCTA and other relevant regulations, thereby minimizing the risk of non-compliance and associated penalties​.

Due Diligence and Risk Management

Conducting thorough due diligence is vital for identifying and mitigating risks associated with new business relationships, mergers, and acquisitions. CRI™ Group’s due diligence services expose vulnerabilities and threats that could harm the organization, ensuring that decision-makers have all the necessary information to make informed choices​.

Investigative Services

CRI™ Group’s investigative services are designed to uncover and address various forms of corporate fraud, including accounting fraud, asset misappropriation, and internal corruption. Their team of experts can conduct detailed investigations to ensure that any incidents of fraud or misconduct are identified and dealt with promptly, protecting the business from financial and reputational damage​.

Forensic Accounting

For businesses facing complex financial fraud, CRI™ Group’s forensic accounting services provide the expertise needed to uncover discrepancies and present evidence suitable for legal proceedings. Their forensic accountants are trained to handle cases that require detailed financial investigations, ensuring that all findings meet courtroom standards.

Corporate Security and Resilience

In today’s interconnected global marketplace, corporate security and resilience are paramount. CRI™ Group helps businesses develop and implement controls to protect digital and physical assets, manage supply chain risks, and prepare for potential crises. This proactive approach ensures that companies can respond swiftly and effectively to any threats, maintaining business continuity and protecting stakeholder interests​.

By leveraging CRI™ Group’s extensive experience and comprehensive services, businesses can not only comply with the new requirements of the ECCTA but also strengthen their overall risk management and corporate governance frameworks. This proactive stance minimizes risk and maximizes protection, ensuring long-term stability and success in a complex regulatory environment.

For more information about CRI Group™ and our services, please visit our website at www.crigroup.com.

Filed under: CRI News, Global, Industry Insights, United Kingdom, London by Mahmood Khan
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Know your Swiss Corporate Reporting and Due Diligence Obligations

Switzerland has introduced new Corporate Reporting and Due Diligence obligations in connection with conflict minerals and child labour to improve human rights protections around the world.

Switzerland is following international trends and regulations for non-financial reporting and human rights due diligence and the reforms include new rules in the Swiss Code of Obligations related to the trade of minerals and metal ores originating from conflict-affected zones. The resources are reportedly being extracted using forced labour and are a known source of finance for armed conflict, says the EU. The EU implemented the Conflict Minerals Regulation last year as a means of restricting access to these natural resources.

Companies with registered offices or principal places of business in Switzerland have to comply with these due diligence obligations in their supply chain when dealing with the highlighted minerals and metals in Switzerland. They also need to comply with the due diligence duties if they offer goods or services that have suspected links to child labour. The import and processing of recycled materials are not subject to the new rules.

Requirements for Corporate Reporting and Due Diligence 

These corporate reporting and due diligence obligations will apply from the start of the financial year in 2023 to Swiss companies of public interest, which as a group together with their controlled companies in Switzerland and abroad meet both of the following requirements over two consecutive financial years:

• The group has at least 500 full-time employees (FTEs) on an annual average; and
• The group exceeds either total assets of 20 million Swiss francs or a minimum turnover of 40 million Swiss francs.

Companies’ annual reports should cover environmental, social, and employee aspects, human rights, and anti-corruption. It must outline risks and mitigation measures and the relevant due diligence concepts adopted. Foreign companies related to the corporation must also be covered in the report approved by management and shareholders and must remain public for 10 years.

The first reports have to be published in 2024 and failure to do so may result in a fine of up to 100,000 Swiss francs. A report need not be prepared if a written explanation for its absence is provided.

Businesses are required to have or put in place a suitable management system containing their supply chain policy, a system of supply chain traceability, risk assessments, and mitigation measures. This information must be available through on-site controls, and communications with authorities and civil society.

Companies should publish reports on due diligence obligations. These should be accessible for at least 10 years. Making false statements in a report, or failing to comply with the reporting obligation, may lead to a fine of up to 100,000 Swiss francs. Where the failures are negligent rather than intentional, a fine of up to 50,000 Swiss francs could be imposed.
LET’S TALK ABOUT CORPORATE REPORTING AND DUE DILIGENCE LAW

Exemptions to the requirements exist for businesses with fewer than 500 employees and assets of less than 20 million Swiss francs or a turnover of under 40 million Swiss francs. Large corporations can also apply for exemption provided that they demonstrate their supply chain contains a low risk of child labour or that they respect internationally recognised conventions such as the UN Guiding Principles on Business and Human Rights.

As the ecosystem of corporate responsibility for companies is developing quickly, navigating it safely in the interest of rights-holders requires monitoring corporate behaviour and ensuring that mandatory due diligence requirements can live up to the expectations and deliver results.

Due Diligence investigations: Mitigate Critical Risks

At CRI®, we provide corporate reporting and due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI Group™ invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
CONTACT US

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Supply Chain Due Diligence Act: New Risk Management & Reporting Duties for German Businesses

This article looks at the Supply Chain Due Diligence Act (LkSG) that applies to companies operating or trading in Germany and will enter into force on 1 January 2023.

The new German law, known as the Supply Chain Due Diligence Act (LkSG, short for Lieferkettensorgfaltspflichtengesetz in German) imposes due diligence obligations on environmental protection and on human rights, with all businesses having to introduce iterative and ongoing, or in certain circumstances ad hoc, due diligence processes specified by the Act.

Identification and management of an organisation’s supply chain and the risks that come with it require the implementation of due diligence processes.

The term “supply chain” refers to all products/services of a business, including all manufacturing and services, in Germany and/or abroad, from the extraction of raw materials to their delivery to the end customer.

Furthermore, due diligence processes should implement the following criteria: 

• type and scope of the business activities of the company subject to the due diligence obligations,
• the ability of the company subject to the due diligence obligations to exert influence (so-called leverage),
• typically expected severity of the violation, and
• type of contribution by the company subject to the due diligence obligations to cause a violation.

More details can be had in our FREE Supply Chain Due Diligence Act (LkSG) eBook.

Who is Affected by the Supply Chain Due Diligence Act?

• As of 1 January 2023: Companies with at least 3,000 employees that have their head office, administrative seat or statutory seat in Germany OR companies that have a branch in Germany and usually employ at least 3,000 employees in this branch;
• As of 1 January 2024: Companies with at least 1,000 employees that have their head office, administrative seat or statutory seat in Germany OR companies that have a branch in Germany and usually employ at least 1,000 employees in this branch.

From 2024, the law will apply to businesses with more than 1,000 employees.

Even if companies with fewer employees are not addressees of the Supply Chain Act, they may still be indirectly affected. This is because the companies directly affected would be obliged to enforce compliance to the best of their ability with human rights in their supply chain. The measures necessary for this can have a direct impact on their suppliers, for example, through the implementation of a code of conduct. In addition, the directly affected companies will often be dependent on the active support of their suppliers and thus have this support be contractually assured, e.g. in the form of reporting obligations as part of their risk analysis.

DOWNLOAD THE SUPPLY CHAIN DUE DILIGENCE ACT (LkSG) EBOOK.

Due Diligence Investigations: Mitigate Critical Risks

At CRI®, we provide corporate reporting and due diligence services wherever you are. Use our DueDiligence360™ reports to help you comply with anti-money laundering, anti-bribery, and anti-corruption regulations ahead of a merger, acquisition, or joint venture. You can also use them for third-party risk assessment, onboarding decision-making, and identifying beneficial ownership structures.

Due Diligence helps you Identify key risk issues clearly and concisely using accurate information in a well-structured and transparent report format. Our comprehensive range of reports includes specialised reports that support specific compliance requirements. Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

The CRI® Group invites you to schedule a quick appointment with them to discuss in more detail how conducting due diligence and compliance can help you and your organisation.

Based in London, CRI Group™ works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, TPRM, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider.

We have the largest proprietary network of background-screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are we have the network needed to provide you with all you need, wherever you happen to be. CRI Group™ also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.
CONTACT US

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What are Cultural Barriers in Background Screening Across the Globe?

Background Screening Cultural Barriers

Background screening cultural barriers: the COVID-19 pandemic has accelerated the expansion in wireless connectivity between personal and working communities around the globe; however, this has not come without the trials in upholding an operational and compliant employment background screening program in the globalization of the digital workforce. Background Screening plays a significant role in reducing bad hires by ensuring that your candidates are qualified to do the job they have applied for. This is important in safeguarding the reputation of an organization and the nature of how commerce is conducted.

CRI® Group surveyed to gauge the state of human resources in which it was revealed that the COVID-19 pandemic is raising fears of fraud and the protection of sensitive and confidential data since the implementation of virtual in work-from-home (WFH) arrangements.

It was estimated that roughly 88 per cent of the surveyed admitted that the pandemic is indeed having an impact on the way their HR operations are being carried out, while 65 per cent are considering new ways to hold on to employees during the crisis outside of government schemes, i.e., the furlough scheme in the UK. Alarmingly, a staggering 54 per cent of the surveyed admitted to not screening their employees for criminal, media, employment history perspectives before any work-from-home arrangement as they would have done if they were being asked to work from the office despite being these employees having access to sensitive information.

Before COVID-19, it was found that an estimate of 85% of organizations testified to conducting background screening of some type. On the same note, a vast 92 per cent stated that they trust their employees with confidential data but without the assistance of a background screening measure. Background screening is vital to organizations of all types and industries as it can assist in authenticating your employees track record and help avoid a bad hire.

Find out other ways COVID has impacted the hiring process or download our brochure.

Are Background Screening Checks Essential?

Background checks are essentially an inquiry into an employee’s/candidate’s character inside and outside their vocations. At CRI® Group, we offer a complete, in-depth background screening service for candidates and employees at all levels across the globe. Working with different cultures in different geographies raises background screening challenges that should be considered when conducting a thorough background check – to be able to conduct business successfully in a geographic location that you are unfamiliar with, it is crucial to consider these aspects to be able to integrate your organizations into the locality seamlessly; these are particularly important if you are considering a partnership with oversea organizations. 

CRI® is certified by British Standard Institute BSI for the scope of BS 7858:2019 Screening of individuals working in a secure environment, Code of practice and BS 102000:2018 Code of practice for investigative services. The BSI is the only BS 7858 accredited background screening services provider in the UAE and across the Middle East. Find out more about the BS 7858:2019 below or download the free playbook.

The Different Challenges of Background Screening Across the Globe

Regulatory policies

• The guidelines for background screening checks differ from country to country, with personal privacy and data protection being a universally passionate debate. The laws in the United States, for example, are not the same as those that impact investigations in the Middle East and the Middle East policies vary from the European ones. International Background Screening necessitates compliance with personal data protection regulations across regions where it is conducted. Background screening in the US typically must conform with the Fair Credit Reporting Act to conduct domestic background investigations. In the case of Europe, its GDPR effectively fell into force in 2018.

If you need more information on establishing GDPR procedures in your organization, read our guide on maintaining GDPR compliance.

• Other investigations outside of the West are considered far more complex. Middle Eastern countries have no prohibitive legislation governing employment screening or employee due diligence. This means that the process largely relies on consent from the applicants. Background screening industry professionals in the Middle East must follow strict data protection requirements (such as the GDPR, local Data Protection regimes, DIFC Data Protection, ADGM Data Protection and QFC Data Protection regulations) to process consensually based on personal data information. In contrast, Dubai International Financial Centre (DIFC) Data Protection standards allow for processing sensitive personal information, including criminal history, with signed consent from the data question for operative due to diligence necessities. Read more about compliance with privacy laws in the UAE. With this in mind, it is important to bear regulatory policies in mind and do further research on them when conducting these checks overseas.

Find out more about CRI Group’s compliance solutions below or contact us to get a free quote.

Local Practices

• Much like the regulatory policies, obtaining background screening data differs from jurisdiction to jurisdiction. The Middle East, for example, have background investigators journey to remote destinations to conduct interviews, find and use other resources and enlist local assistance to verify the information. Leading background screening firms often conduct investigations that regularly involve a thorough review of local press records and online and proprietary databases to locate the appropriate public records. This is not a requirement in the US as the data is digitized and available in official sources. In South Africa, on the other hand, such a procedure would require the candidate’s fingerprints due to the digital gap. Investigators would have to go through the Australian Criminal Intelligence Commission (ACIC) in Australia.

Technology gap

• As mentioned before, the same technology is not available in all countries across the globe. The technology gap is an additional task that can impact the effectiveness of a comprehensive background screening check. The technology gap is an echo of local practices and regulatory policies; this solidifies the notion that auditors must adapt to meet the organization’s needs centered on the resources they have available to them. It is a good idea to collaborate with a screening firm in the designated country that an organization wishes to hire to make sure that no policies are being broken nor any obstacles, such as the technology gap, hinder the HR process.

Political Differences

• Political differences and solidarities should be considered during a screening as it means that the officials and authorities of the country may have different priorities than the organisation’s country of habitation. The cultural barrier index shows Africa and Middle East regions having unrest due to political instability as a significant challenge. Africa, for example, principally concentrate on preserving law and order leading to organizational processes such as verification being of lesser priority to them. In geographies where the socio-economic conditions are worse than the organization’s abode, there will certainly influence the turnaround time, which is why it is mandatory to implement the correct procedures in place – especially if you would like your organization to reap larger benefits of outsourcing.

Time differences and regional natural disasters

• This reason is not as easily recognized but is just as important for successfully performing background screening checks. The climate is known to fluctuate from one geography to another, which means that some regions are more prone to natural disasters. Some natural disasters such as earthquakes or typhoons in certain regions might impact the speed of conducting a background screening. Another important aspect to consider is the time difference and the difference in working days. The working week differs across regions, some dependent on societal expectations and others on religious understanding – this is more than likely to impact the turnaround time of completing a background check. While the working week in Europe is usually considered to be Monday to Friday, the offices in UAE shut their doors earlier, with the weekend starting on Fridays and the 5-day working week beginning on Sunday. As the UAE is a predominantly Muslim country, Fridays are typically a shorter day in the working week for devout observations such as Jumu’ah (Friday) prayers.

Local Festivities

• Replies from employees, employers, education institutions and even government officials may slow down during Christmas in the Western world, Ramadan in the Middle East region, or Lunar New Year in Asia. It is an effective strategy to bear the national holidays in mind when hiring or screening your candidates, and it prevents any further delays than what has already occurred.

Social behavior

• Social behavior can vary from one district to another within the same land, so any visitor, individual or corporation is anticipated to acknowledge the cultural norms and social behaviour of the country they are visiting and to respect it as a measure of good practice. In some areas, what could be considered normal practice might be disrespectful or offensive in others. For this reason, the cultural index was established. The cultural index is a directory that notes the different cultural barriers and their impact on various regions; it is typically measured on a scale of 1, known as “not a challenge” to 5, which is “highly challenging”. Social behaviour was rated as three across countries in APAC and the Middle East as was rated as two across other regions. Again, establishing a local team will ensure a seamless process due to their awareness of how to conduct HR processes.

Language

• Failure to read or the inability to translate documents required for any step of any HR procedure would increase the turnaround time for completing the background screening process. Europe is typically challenged in this aspect as it is a continent that is representative of several diverse official languages, and a background screening service that is not adaptable nor accommodating to several languages could lead to a language barrier, thus resulting in delays and data inaccuracy. Based on this, CRI® Group has implemented a ‘boots on the ground strategy and employs local experts in remote areas in the world, who are equipped with technical skills and local knowledge and understand the cultural subtleties to help set the tone at the top.

Next steps, Locating Reputable Screening Firms

It is crucial that your organization works hand in hand with a reputable screening firm to ensure the screening process is effective in the organization’s homeland and overseas – this will aid in minimizing most if not all of the cultural barriers we have discussed thus far. Most firms who work with partners overseas are likely to adapt to your organization’s work culture fast enough as they are used to the concept of outsourcing and malleability. The best way to go about locating a reputable screening firm in the country of your choice is by following the steps below:

1. Research home and overseas background screening firms supplied by the Professional Background Screening Association https://thepbsa.org/.
2. Research the local and regional laws beforehand and ask your firm how they conform to local and regional laws governing individual privacy and data protection.
3. Screening firms are also capable of outsourcing their cases to a third party. Avoid this by ensuring that the firm’s physical address is in the region in which you’re looking to conduct investigations.
4. Know how your chosen firm investigates and conducts background screening; it is best to steer clear of firms that investigate exclusively through media searches. This provides very little personal information on the candidate.
5. Auditors in your chosen firm should comply with GDPR and maintain Information Security Management System ISMS (ISO27001). This is important for data management and protection laws. It is best to avoid those with no (international) standards implemented.
6. Evade firms that specialize in checks of the International Terrorist Watch List and the OFAC watch list; these lists are available online at no cost to the general public.
7. Ask your firm how old the data collected is, and steer clear of firms that won’t supply you with the source of the records they have acquired.
8. Background checks must involve investigative research and not just press clippings. Make certain that your firm will merge in-depth field investigations with routine public records searches as part of its process.
9. Service delivery is essential in foreign investigations, so it is best to look into average turnaround times and get commitments from your chosen firm for delivery in advance.
10. Ask for references as you would from your potential employees.

Like any aspect of corporate conduct, background screening has its challenges, but that is not to say that they are impossible to deal with. By default, proper planning, research, and local knowledge can help your organization navigate the cultural barriers to successfully run services overseas. The more you invest in sourcing morally correct corporate conduct, the more you can expect to be rewarded with a catalytic action to grow and expand your organization.

Let’s Talk!

Don’t leave hiring to chance. Take a proactive stance with the highest level of background screening as a part of your essential corporate strategy. Contact us today to learn more about our full range of services to help your organization stay protected.

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CONTACT INFORMATION

Zafar Anjum, MSc, MS, CFE, CII, MICA, Int. Dip. (Fin. Crime) | CRI Group™ Chief Executive Officer

37th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA United Kingdom

t: +44 207 8681415 | m: +44 7588 454959 | e: zanjum@crigroup.com

Filed under: Employee Background Check, Global, Industry Insights, Resources by admin
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Common Fraud in the Pharmaceutical Industry Reported by Whistleblowers

Pharmaceutical Fraud

Pharmaceutical fraud involves activities that result in false claims to insurers or programs such as Medicare in the US or equivalent state programs for financial gain to a pharmaceutical company. Several different schemes are used to defraud the health care system, which is particular to the pharmaceutical industry. These include:

• Good Manufacturing Practice (GMP) Violations,
• Off Label Marketing,
• Best Price Fraud,
• CME Fraud,
• Medicaid Price Reporting, and
• Manufactured Compound Drugs.

The pharmaceutical industry is regularly found to be engaging in fraud of many types, and it appears as though each year, the number of pharmaceutical fraud is on the rise. Each year big pharma giants end up spending billions of dollars in paying for fraud, misrepresentation of data and other such corruption allegations levelled out against them. In the last years, global pharma giants have paid fines to the tune of $11 billion for criminal wrongdoing, including withholding safety data and promoting drugs for use, beyond any licensed condition; GlaxoSmithKline paid a $3 billion settlement, Pfizer $2.3 billion settlement, and Merck $650 million settlement. Damages from fraud can be recovered using the False Claims Act, most commonly under the qui tam provisions, which rewards an individual for being a “whistleblower” or relator (law).

July of 2021 saw Bolton pharmacist David “Jason” Rutland pleading guilty to conspiracy to solicit and pay kickbacks and bribes in a $182.5m fraud case in which Rutland himself pocketed $13.3m. This conspiracy is noted as the state’s largest health care/pharmaceutical fraud to date. It is estimated that more than $515 million in fraudulent prescription billings were made to TRICARE, Medicare, Medicaid, and private health care benefit providers in Mississippi.

In the US, whistleblowers are uniquely positioned to report this fraud to the government under the False Claims Act.

Common Fraud in the Pharmaceutical Industry Includes:

• Unlawful Kickbacks
• Clinical trials manipulation/fraud against the Food and Drug Administration (FDA)
• Off-label marketing/Food Drug and Cosmetic Act (FDCA) violation
• Failure to comply with Current Good Manufacturing Practices (CGMP) requirements
• Compounded drug fraud
• Illegal drug-switching
• Misuse of the 340B drug discount program
• Medicaid best price fraud
• Medicare Part D Fraud
• Fraud by Pharmacy Benefit Managers (PBMs)

Understanding the Most Common Types of Pharmaceutical Industry Fraud Reported by Whistleblowers

Unlawful Kickbacks

The pharmaceutical industry influences doctors’ prescribing habits, especially in the US. Drug manufacturers and distributors may pay unlawful kickbacks to physicians or others in the form of sham “consulting fees,” luxury vacations, and expensive meals in exchange for increased prescriptions of the company’s drugs.

Clinical Trials Manipulation/fraud Against the Food and Drug Administration (FDA)

Drug manufacturers must obtain FDA approval before marketing a new drug. The FDA approves new drugs proven safe, effective, and properly labelled following extensive preclinical and clinical testing and analysis, which results in a wealth of data regarding the drug’s safety, efficacy, pharmacology and toxicology. The FDA relies on the accuracy of the data that drug manufacturers submit in New Drug Applications (NDAs). Pharmaceutical companies that make false statements to the FDA, omit relevant data in NDAs, or otherwise misrepresent the safety or efficacy of drugs in clinical trials can be subject to False Claims Act (FCA) liability. The same is true of drug companies that pay researchers to falsify clinical trial data.

Off-label Marketing/Food Drug and Cosmetic Act (FDCA) Violation

Pharmaceutical companies may not promote their drugs for uses, doses, or populations not specifically approved by the FDA as safe and effective. Such “off-label” marketing and promotion violates the FCA. This could include, for example, if a drug is approved for use in treating severe psychiatric disorders, and the drug company’s sales representatives promote it for widespread use in calming elderly patients in nursing homes.

Failure to Comply with Current Good Manufacturing Practices (CGMP) Requirements

Drug and medical device manufacturers are subject to strict FDA manufacturing rules known as the Current Good Manufacturing Practice (CGMP) regulations. The CGMP exists to ensure manufactured drugs’ identity, strength, quality, and purity and protect consumers from tainted, ineffective, and harmful drugs. Government-funded healthcare programs pay for prescription drugs on the premise that CGMP regulations have manufactured the drugs. If they are not, it can be a violation of the False Claims Act. This could include, for example, a pharmaceutical company’s manufacturing facility using dirty equipment to make drugs, or using equipment that does not accurately measure the type or amount of the active ingredients incorporated into a drug, and then selling these tainted drugs to patients covered by Government-funded health care programs.

Compounded Drug Fraud

Compounding pharmacies prepare medications tailored to meet the needs of individual patients by mixing drugs or changing the route of administration. Compounding pharmacies can violate the FCA by making large batches of drugs—known as mass-compounding—rather than providing the required individualised service, “compounding” drugs that are already commercially available, or inflating the number of particular medications used in the mixture to increase the cost. Compounded drugs are primarily regulated by the states, meaning efficacy and safety need not be proven to the FDA.

Illegal Drug-switching

As a general rule, pharmacies must fill patients’ prescriptions as written by the ordering physician. Putting aside situations where a generic drug may be substituted for a name-brand drug, pharmacists may not simply replace one drug for another or dispense a liquid form of a drug when a pill or tablet was prescribed. Billing government insurers for medications that have been so manipulated can violate the False Claims Act.

Misuse of the 340B Drug Discount Program

The federally mandated 340B drug discount program requires most drug companies to provide hefty discounts — typically 20 to 50 per cent — to hospitals and clinics that treat low-income and uninsured patients. Pharmaceutical companies are required to cap outpatient drug prices at a statutorily defined “ceiling price” equal to the Average Manufacturer Price (AMP) reduced by the rebate percentage or Unit Rebate Amount (URA). Manufacturers submit both the AMP and URA to the Centers for Medicare and Medicaid Services (CMS) quarterly and can defraud the government by misrepresenting these figures, overcharging 340B entities, and/or not providing rebates to which 340B entities are entitled.

Medicaid best Price Fraud

To obtain Medicaid coverage of their drugs, pharmaceutical companies generally must promise to give state Medicaid programs the lowest price made available to almost any buyer of the drug. To provide this price, pharmaceutical companies report their “best price” on a drug—often calculated based on the drug’s “average wholesale price” or “average manufacturer price”—and payback to Medicaid in rebates any amount the programs paid more than this price. Pharmaceutical companies can defraud Medicaid and violate the False Claims Act by manipulating their “best price” to reduce the amount of money they must return to state Medicaid programs.

Medicare Part D Fraud

Implemented in 2006, Medicare Part D, also referred to as the Medicare Prescription Drug Program, provides drug coverage for tens of millions of elderly and disabled Americans. Under the program, private insurance companies—referred to as Part D Sponsors—offer prescription drugs to eligible beneficiaries directly or through pharmacy benefit managers (so-called “PBMs”) and then submit claims to Medicare for the drugs’ cost. Fraud can occur under Medicare Part D in many ways, including:

Some of the more common types of fraud occurring under the Medicare Part D program include:

• Billing for drugs not provided.
• Billing for drugs not covered by Medicare.
• Billing for brand name drugs when generic drugs are provided instead.
• Billing for drugs—especially opioids and other controlled substances—diverted for illegitimate purposes.
• Billing for expired drugs.
• Billing for drugs dispensed without a prescription or with a falsified prescription.
• Billing for drugs dispensed with prescriptions from unauthorized, excluded, or non-existent healthcare providers.
• Billing for drugs provided in quantities that exceed approved limits.

Fraud by Pharmacy Benefit Managers (PBMs)

PBMs are an increasingly common target of fraud investigations. PBMs are third-party administrators of prescription drug programs for, among others, Medicare Part D plans. PBMs contract with health plans to provide pharmaceuticals at low prices, which PBMs keep low through negotiation, generic substitution, manufacturer rebates, cost-sharing, formularies, and other methods. PBMs commit fraud by failing to pass savings from rebate arrangements and subsidies to clients, developing forms that favour more expensive drugs, and improperly switching drugs to generic or different brand name drugs instead of prescribed drugs. Drug manufacturers commit fraud by, for example, providing price concessions on certain drugs in exchange for a PBM’s favourable coverage of the manufacturer’s drug.

Filed under: All Regions, All Solutions, Global, Pharmaceutical & Healthcare, Resources by admin
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How Risky is Non-Compliance to Your Business?

How Risky is Non-Compliance to Your Business?

Last year we saw our fair share of AML (anti-money laundering) failures and violations, resulting in eye-watering FCA and HMRC fines. According to Ponemon Institute and security company GlobalScape recent report, the annual cost of non-compliance to businesses now runs an average of $14.8 million, a 45 per cent increase since 2011.

In recent years, adhering to the laws and standards and monitoring the Compliance of business processes has evolved as a major concern for business owners. Meanwhile, the range can be anywhere from $2.2 million to $39.2 million. On the other hand, the cost of Compliance was found to average $5.5 million, up 43 per cent from 2011.

Staying compliant with ever-evolving regulations has become an ‘obvious’ business imperative, and failing to adhere to these regulations can put organisations in a fix. Before we dive into the risks of falling into the ‘non-compliant dungeon, ‘ let’s understand corporate Compliance. Operating in a multiplicity of countries inevitably also means complying with any local regulations.

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What is Corporate Compliance?

Compliance at the corporate level involves adhering to a wide range of rules, regulations, laws, and standards designed to protect every aspect of your business. Right from obeying safety guidelines to following the standards for paying wages, an organization must comply with all the local, state, and federal laws.

Monitoring the Compliance of business processes with relevant regulations, constraints, and rules during runtime has evolved as a major concern in practice. Monitoring refers to continuously observing possible compliance violations and includes predicting their occurrence. Since the concept of business process compliance is vast, approaches related to process monitoring are hard to identify.

The cost of non-compliance and monetary fines have continuously increased in the past few years. However, business owners are becoming impatient, as these consequences would affect the organization. Increased complexity, enforced business changes, and individuals being held personally accountable are all set to continue because of continuous compliance failures.

Why is Compliance Crucial?

The following are six fundamental reasons why an organization should implement statutory Compliance.

• Reason No. 1: is required by Law – All registered companies are mandatorily obligated by the law to follow statutory regulations and comply with them.
• Reason No. 2: surprise audits – Non-compliance also invites unnecessary inspection and audits, leading to a waste of time and money.
• Reason No. 3: the financial penalties are high – Failing to adhere to statutory Compliance will lead to hefty fines and indirect losses to organisations.
• Reason No.4: potential imprisonment for everyone involved – Severe cases of non-compliance could result in imprisonment of the organisation’s CEO/Directors/Board members.
• Reason No.5: Brand Value and Market Reputation – Payment of fines and imprisonment can destroy a company’s brand name in the market it thrives in.
• Reason No.6: the organization can be forced to a shutdown – In cases that exhibit perilous non-compliance, authorities can even order companies to cease operations.

Several examples in the global business environment show the repercussions of non-compliance. Look at the following cases:

• Amazon found guilty of breaching Dangerous Goods Regulations
• Thames Water was ordered to pay record £20 million for river pollution
• Google Is Fined $57 Million Under Europe’s Data Privacy Law
• Westpac accused of 23 million breaches by money-laundering watchdog
• Italy’s civil aviation authority ENAC threatens to ban Ryanair over alleged non-compliance

The biggest fine so far was the £102m imposed on Standard Chartered for “poor AML controls”, which saw “breaches in two higher risk areas of its business.” This is the second-largest financial penalty for AML failures imposed by the FCA.

Improve Your Compliance

A comprehensive compliance solution:

• Reduces business risks;
• Helps to expedite global expansion;
• Enhances control and visibility; and
• Enables the elimination of business risks/

After all, when it comes to non-compliance issues, ignorance of the law is no defense. As they say – “Being Compliance is not a choice, but a mandate” the regulatory environment will only get fiercer day by day, and companies that miss staying abreast of the global legal amendments might regret big-time.

The UAE, for example, has cracked down on their “Ultimate beneficial owner” (UBO) compliance requirements – a requirement that costs roughly Dh15 but results in a penalty of Dh15,000 up to Dh100,000 if businesses fail to comply. The UBO requirement was set up to prevent illicit activities such as money laundering or financing of terrorism.

The requirement reveals anyone who has direct or indirect control of an organization and requires all such information to set up or renew business licenses to the UAE Government. It’s great to see so many new procedures being put in place that can help you safeguard your business. Are you interested to know how your organisation can excel in global Compliance?

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Anti-money Laundering solutions made easy…

There are many advantages to outsourcing portions of your Anti-Money Laundering (AML) compliance program to CRI Group™ . CRI™ Anti-money laundering (AML) advisory services help analyze systems and develop effective solutions that reduce your company’s risk of falling prey to employee, supplier or outside corporate and financial crimes. An effective AML framework is a testament to your organization’s position against crime. Our unmatched investigative capabilities, worldwide presence and a long-standing reputation for independence and integrity make us uniquely qualified to resolve regulatory concerns.

Our vast Anti-Corruption and Compliance network provides the protection you need when making critical bottom-line decisions crucial to your organisation’s success. Leave it for experts. Ensure you have the 360-degrees analysis of your challenges – get in touch with the experienced CRI Group’s AML team for a bespoke quote.

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Take a proactive stance with the highest level of Anti-Money Laundering (AML) compliance as a part of your essential corporate strategy. Contact us today to learn more about our full range of services to help your organization stay protected.

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CONTACT INFORMATION

Zafar Anjum, MSc, MS, CFE, CII, MICA, Int. Dip. (Fin. Crime) | CRI Group™ Chief Executive Officer

37th Floor, 1 Canada Square, Canary Wharf, London, E14 5AA United Kingdom

t: +44 207 8681415 | m: +44 7588 454959 | e: zanjum@crigroup.com

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Inadequate Due Diligence Hit Space-Transport SPAC Momentus $8 Million SEC Fine

Inadequate Due Diligence Hit SPAC Momentus $8 Million SEC Fine

Inadequate due diligence hit SPAC Momentus $8 million SEC fine after misleading investors. The Securities and Exchange Commission (SEC) has charged the Momentus particular purpose acquisition company (SPAC), its sponsor SRC-NI, the sponsor’s CEO Brian Kabot, the company, and founder Mikhail Kokorich – which involved in a $1.2 billion space-transport SPAC for defrauding investors and obscuring the CEO’s status as a US national security risk.

The Fraud Claimed

The SPAC, Stable Road Acquisition Corp, had sought to merge with Momentus, a private start-up, to take it public. Momentus’s key offering was a “microwave electro-thermal water plasma thruster,” a way of zapping water vapour to propel a spacecraft, intending to transport satellites into space.

But Momentus’s propulsion tech failed to show results, according to SEC filings. A test mission fell well short of the company’s benchmarks, and a former Momentus employee said that the test yielded “no data to suggest that that thruster would deliver an impulse of any commercial significance.”

According to the SEC’s settled order, Kokorich and Momentus, an early-stage space transportation company, repeatedly told investors that it had “successfully tested” its propulsion technology in space when, in fact, the company’s only in-space test had failed to achieve its primary mission objectives or demonstrate the technology’s commercial viability.

The order finds that Momentus and Kokorich also misrepresented the extent to which national security concerns involving Kokorich undermined Momentus’s ability to secure required governmental licenses essential to its operations.

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The Compliance Issue: Inadequate Due Diligence

The SEC’s settled order finds that Stable Road repeated Momentus’s misleading statements in public filings associated with the proposed merger and failed its due diligence obligations to investors.

According to the order, while Stable Road claimed to have conducted extensive due diligence of Momentus, it never reviewed Momentus’s in-space test results or received sufficient documents relevant to assessing the national security risks posed by Kokorich.

The order finds that Kabot participated in Stable Road’s inadequate due diligence and filed its inaccurate registration statements and proxy solicitations. The SEC’s complaint against Kokorich includes factual allegations that are consistent with the findings in the order.

“This case illustrates risks inherent to SPAC transactions, as those who stand to earn significant profits from a SPAC merger may conduct inadequate due diligence and mislead investors. Stable Road, a SPAC, and its merger target, Momentus, both misled the investing public. The fact that Momentus lied to Stable Road does not absolve Stable Road of its failure to undertake adequate due diligence to protect shareholders. Today’s actions will prevent the wrongdoers from benefitting at the expense of investors and help to better align the incentives of parties to a SPAC transaction with those of investors relying on truthful information to make investment decisions.

SEC Chair Gary Gensler

The Litigation Against Momentus, Stable Road, and Kabot

Associate Director of the SEC’s Division of Enforcement, Anita B, mentioned in her statement that Momentus’s former CEO alleged to have engaged in fraud by misrepresenting the viability of the company’s technology and his status as a national security threat, inducing shareholders to approve a merger in which he stood to obtain shares worth upwards of $200 million.

The SEC’s order finds that Momentus violated scienter-based antifraud provisions of the federal securities laws and caused sure of Stable Road’s violations. It also considers that Stable Road violated negligence-based antifraud provisions of the US federal securities laws as well as specific reporting and proxy solicitation provisions.

The order finds that Kabot violated provisions of the federal securities laws related to proxy solicitations. Kabot and SRC-NI caused Stable Road’s violation of Section 17(a)(3) of the Securities Act of 1933. Without admitting or denying the SEC’s findings, Momentus, Stable Road, Kabot, and SRC-NI consented to an order requiring them to cease from future violations. Momentus, Stable Road, and Kabot will pay civil penalties of $7 million, $1 million, and $40,000, respectively.

Inadequate due diligence hit SPAC Momentus $8 million SEC fine. Source: US Securities and Exchange Commission 

What do you actually know about the integrity of the 3rd party and their way of doing business? Do they adhere to (inter)national regulations on anti-bribery and anti-corruption? Is it possible that there is a liability risk?

Due diligence on potential business partners when adding a new vendor or even hiring a new employee is vital to confirm the legitimacy and reduce the risks associated with such professional relationships. Global integrity DueDiligence360^TM investigations provide your business with the critical information it needs in making sound decisions regarding mergers and acquisitions, strategic partnerships, and the selection of vendors, suppliers, and employees. It will ensure that working with an, i.e. potential trade partner will ultimately achieve your organisation’s strategic and financial goals.

At CRI Group, we specialise in Integrity Due Diligence, working as trusted partners to businesses and institutions worldwide. Our people work with energy, insight and care to ensure we provide a positive experience to everyone involved – clients, reference providers and candidates. CRI’s unique identity and vision evolved from our fundamental desire to support our clients and their candidates. Safeguard your business and its integrity with DueDiligence360™.

Our DueDiligence360™ expose vulnerabilities and threats that can cause serious damage to your organisation and can significantly reduce business. CRI Group is trusted by the world’s largest corporations and consultancies – outsource your due diligence to an experienced provider, and you will only ever have to look forward, never back.

CRI Group investigators employ a proven, multi-faceted research approach that involves a global array of databases, courts and public record searches, local contacts, industry and media resources, and in-depth web-based research. Our resources include:

Protect your reputation and the risk of financial damage and regulator action using our detailed reports. They enhance your knowledge and understanding of the customer, supplier, and third-party risk, helping you avoid those involved with financial crime.

Filed under: Due Diligence, Global, Industry Insights, Third-Party Risk Management, United Kingdom, London, United States of America, New York by admin
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John Wood Group to Pay $177 Million to Settle Bribery Charges Inherited Through its Merger

John Wood Group Bribery Probe Trace Back to its Merger with Amec Foster Wheeler Plc.

The Importance of Due Diligence in Merger and Acquisition to Avoid a Similar Incident Happened like in John Wood Group.

Due diligence is understood as the reasonable steps taken to satisfy legal requirements in the conduct of business relations. That allows you to reduce risks – including risks arising from the FCPA (Foreign Corrupt Practices Act) and the UKBA (UK Bribery Act), to make informed decisions and to pursue takeovers or mergers with more confidence.

Unlike other kinds of control (audits, market analysis, etc.), it must be completely independent and rely as little on information provided by the researched subject. The other important difference lies in the methodology: commercial or financial due diligence analyses available information, investigative type provides reliable and pertinent, but raw, information.

Due diligence on potential business partners when adding a new vendor or hiring a new employee is vital to confirm the legitimacy and reduce the risks associated with such professional relationships. Global integrity due diligence investigations provides your business with the critical information it needs to make sound decisions regarding mergers and acquisitions, strategic partnerships, and the selection of vendors, suppliers, and employees.

It will ensure that working with an, i.e. potential trade partner will ultimately achieve your organisation’s strategic and financial goals. CRI Group investigators employ a proven, multi-faceted research approach that involves a global array of databases, courts and public record searches, local contacts, industry and media resources, and in-depth web-based research. Our resources include:

Filed under: Due Diligence, Global, Industry Insights, Oil, Gas & Energy, Resources, Third-Party Risk Management, United Kingdom, London, United States of America, New York by admin
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Debugging fears that paralyse fraud prevention

Debug fears for fraud prevention

Even though companies understand the fraud risk factor – nearly 77 per cent of HR professionals accept that there is a risk that employees can initiate fraudulent activity because of the work-from-home arrangement during the pandemic – more often than not, companies do not take action to implement robust fraud prevention processes in place until the organisation is exposed to fraud or appear in the news due to an investigation, incident, or external and (or) internal violation. Based on the article by ACFE, we aim to answer why companies wouldn’t adopt fraud prevention and detection measures proactively. 

The answer is fear. It prevents business leaders from being proactive about fighting fraud. Business analytical tools and systems enable companies to identify red flags quickly, but they do not work as fraud prevention tools. 67 per cent of CRI® Group’s background screening survey respondents said they encountered one type of fraud – employee fraud – in their career. It’s alarming to imagine how others have encountered many other types of fraud. And still, companies pay lip service to efforts to fight fraud. So how the fear factor plays into the decision to fight fraud?

Fear of associated expenses

A fraud prevention tool is a cost you don’t always recognise an immediate return. Consider it like health or car insurance – when it comes to identifying and preventing risk and potential fraud, returns can be harder to quantify.

There are some concerns about spending money on a system that might or might not identify fraud. And if the system does identify fraudulent activity, companies are now obligated to spend more for the additional investigation and possible litigation. It might not be a significant expense for some large organisations, but the budget is better reinvested toward a company’s bottom line.

When trying to save their expenses, organisations forget that expense fraud is one of the most common forms of occupational fraud: employees fudging on their expense accounts. Earlier this year, Lookers (A London-listed company) warned investors they might be unable to buy and sell its shares from the beginning of July because of potential fraud on its books – confirming a £19m charge to correct books after fraud inquiry. Whether through fictitious charges, fake receipts or invoices, or other improper use of expense funds, an expense account is sometimes seen as a low-risk, high-reward area for fraud. It shouldn’t be. Follow these five tips for preventing and detecting expensive fraud.

Fear of technology

Based on ACFE, “companies are concerned that implementing new software technology might increase their exposure to fraud via data breaches. They’re also concerned that technology will replace internal auditors. While data encryption and similar tools can combat the risk of data breaches, addressing personnel concerns are trickier.” Technology is meant to assist but not to replace people. It helps identify the red flags, but human input and investigation are required to determine if fraud is occurring and check the facts. 

Appointing a fraud investigator is a good idea in this case. Fraud investigators are the front line of establishing the facts of suspected fraud or other unethical business behaviour. A fraud investigator’s skillset and wide knowledge of fraud laws, evidence gathering, and interviewing make them the go-to expert for investigating insurance fraud, financial fraud, procurement fraud, asset recovery, cyber fraud, healthcare fraud, retail fraud, etc. In this article about fraud investigators’ role, we explore their key functions, responsibilities and knowledge, and how their skillset helps organisations.

Fear of reputation loss

“Companies might fear their reputations will take a hit if they uncover ongoing fraud schemes. Social media has become a prevalent form of information sharing, so all it takes is the hint of a rumour, and the damage is done. Employees might post the information — or alleged information — that makes it appear as though a company is attempting to hide something”, based on ACFE. This comes as the company’s advantage to be open with employees to fight fraud. Employees are less likely to whistleblow in public when they are safe and have internal options to report fraud and discrepancies.

The key ways of managing the company’s reputation are being transparent, protecting data, and conducting due diligence. It may sometimes feel like your company’s reputation is out of your control. However, you can take steps to help manage your reputation and help steer the conversation. It becomes more difficult when you wait and try to undo later the damage that has already been done. That’s why being proactive in maintaining a positive reputation is the best strategy.

Fighting fraud on the front line is key

Companies must realise that the benefits of fighting fraud far outweigh the fears. Engagement in an early fraud education process acts as a buffer, leading to fewer fraudulent losses. Procurement and payables professionals must implement efficient processes that address red flags and track — early and upfront — non-adherence to mandates. Below is a quick overview of best practices for engaging analytic tools and front-line staff to identify and prevent fraud.

• Tone at the Top: Of course, top-level management must be committed to addressing fraud prevention. However, it’s just as important for middle managers to adopt a zero-tolerance policy toward fraud. A lack of integrity can be contagious. If workers see their supervisors’ rubberstamping processes, it gives them little incentive to raise concerns when they find inconsistencies.
• Segregation of duties: No one should be responsible for an entire accounting function. The individual who sets up a vendor or client shouldn’t be the same person who approves invoice payments. It’s vital to have multiple eyes on the process, especially in smaller organisations where segregation of accounting duties might be limited or non-existent.
• Create a fraud-fighting culture: The very perception of detection helps prevent fraud. A fraud-prevention overview should be part of new employee orientation. Companies also should sign off on internal codes of ethics that outline the steps and procedures employees can take if they suspect fraud. Tips are consistently, and by far, the most common detection method. According to the Report to the Nations, tips detected more than 40 per cent of all cases. Publicise a hotline number internally and externally for your vendors — one of your employees might even be seeking to collude with a client!
• Training and process audit: Perform anti-fraud training for employees annually, at a minimum. Increase your anti-fraud training if you have a substantial number of new employees coming on board. Annual fraud awareness and detection training sends a clear message to employees about your organisation’s high standards and could deter fraudulent activity. Vet suppliers and clients. If you want to avert various fraudulent schemes, you must understand the red flags to look for when onboarding a supplier or client. Vendor vetting in real-time can mitigate upfront risks and dictate those actions required to prevent fraud from slipping undetected through the system. Vendor portals prove invaluable for vetting suppliers using automated data validation.
• Take action: There’s no reason to identify or perform analysis if you’re unwilling to take action. Fraud prevention software can help you do more than detect fraud — it can highlight poor processes that might expose you to fraud. For example, you might have a legitimate vendor or client, but software can raise a red flag because of gaps in your setup process. Analyse results, make changes, monitor and constantly learn from your processes.

Don’t let fear take control

We must help diminish the fears that impede the fight against fraud. At CRI® Group, we know that we can effectively and together use the needed resources to combat them when you acknowledge those fears. We believe that analytics tools and proactive monitoring can turn idle threats into reality.

Your business is at far greater risk for losses due to fraud than organisations that take advantage of fraud prevention tools to leverage their resources: the larger the organisation, the more complex and multi-faceted the governance and responsibility matrix for fraud detection. Passive detection methods aren’t enough anymore. It’s been proven repeatedly that instilling proactive efforts to discover or reduce fraud will increase the bottom line and enhance a company’s reputation. Our fraud examiners can assist you, don’t allow fear to paralyse you into inaction.

Free E-Book | Risk Management & ABMS Playbook

The Risk Management & ABMS Playbook provides tools, checklists, case studies, FAQs and other resources to help you lead your organisation into better preparedness and compliance. Our experts share their plays to help you reduce risk, thereby preventing and detecting more fraud.

The first section addresses risk management directly: proper third-party due diligence and critical background screening take centre stage for this game plan. Section two tackles bribery and corruption, with tried-and-true measures you can implement to stay better protected and comply with strict laws and regulations.

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About CRI® Group

Based in London, CRI® Group works with companies across the Americas, Europe, Africa, Middle East and Asia-Pacific as a one-stop international Risk Management, Employee Background Screening, Business Intelligence, Due Diligence, Compliance Solutions and other professional Investigative Research solutions provider. We have the largest proprietary network of background screening analysts and investigators across the Middle East and Asia. Our global presence ensures that no matter how international your operations are, we have the network needed to provide you with all you need, wherever you happen to be. CRI® Group also holds BS 102000:2013 and BS 7858:2012 Certifications, is an HRO certified provider and partner with Oracle.

In 2016, CRI® Group launched the Anti-Bribery Anti-Corruption (ABAC®) Center of Excellence – an independent certification body established for ISO 37001:2016 Anti-Bribery Management Systems, ISO 37301 Compliance Management Systems and ISO 31000:2018 Risk Management, providing training and certification. ABAC® operates through its global network of certified ethics and compliance professionals, qualified auditors and other certified professionals. As a result, CRI® Group’s global team of certified fraud examiners work as a discreet white-labelled supplier to some of the world’s largest organisations. Contact ABAC® for more on ISO Certification and training.

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Speak up | Report Illegal, Unethical or Improper Behaviour

If you find yourself in an ethical dilemma or suspect inappropriate or illegal conduct, and you feel uncomfortable reporting through normal communication channels or wish to raise the issue anonymously, use CRI® Group’s Compliance Hotline. The Compliance Hotline is a secure and confidential reporting channel managed by an independent provider. When reporting a concern in good faith, you will be protected by CRI® Group’s Non-Retaliation Policy.

COMPLIANCE HOTLINE

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Create a zero-tolerance approach to fraud with ISO 37001 ABMS

Zero tolerance to fraud, how ISO 37001 ABMS can help?

Smart business leaders know that “Tone at the Top” is a critical factor in an organisation’s culture. The behaviour and attitudes exhibited by those at the top of the chainset an example for the rest of the staff to follow. This couldn’t be more true when it comes to ethical standards. If a company is lax and tolerant toward unethical behaviour, it creates a confusing message for employees and actually encourages damaging habits.

When a company creates a zero-tolerance environment for fraud and corruption, the opposite is true: employees understand that ethical behaviour is the norm. Anything outside of those bounds will be punished – perhaps with the loss of their job or even prosecution.

Creating a zero-tolerance approach to fraud doesn’t happen overnight. When your organisation enrols in ISO 37001 ABMS training and certification, the program involves your entire team.

The training helps establish an ethical culture by educating your employees on the following:

• What constitutes fraud, corruption, and bribery, and why these are so damaging to business
• How to identify red flags of fraud, corruption and bribery
• The process for reporting fraudulent and unethical acts
• The organisation’s zero-tolerance attitude toward unethical behaviour and willingness to terminate employees for breaches and prosecute unethical acts
• The serious ramifications for committing fraud or bribery, the legal consequences, and the negative impact on one’s career

Employees shouldn’t be expected to follow a code of conduct that they aren’t aware exists. That’s why ISO 37001 ABMS creates a communication plan through which organisation leaders regularly communicate their ethical behaviour expectations to staff.

The anti-fraud and anti-corruption controls established by ISO 37001 ABMS also apply to personnel at all levels of the organisation. When employees see that higher-level executives are subject to the same ethical standards as the individual at the lowest level of the flow chart, they understand that the organisation is serious about its commitment to having an ethical workplace free of fraud, corruption and bribery. That’s Tone at the Top.

Filed under: All Industries, Anti-Bribery Anti-Corruption Solution, Global, Industry Insights, ISO 37001, Resources by admin
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