The company: A midsized BPO. Last year, an accountant spotted an anomaly: an employee had received joining bonuses twice in consecutive months. The employee was not entitled to it and, therefore, he suspected something more than just a case of oversight.
PricewaterhouseCoopers (PwC), called in to investigate the matter, unravelled a scam by an HR executive involving joining bonuses and referral bonuses.
This is just one instance of fraud that takes place in India Inc. every day. And unlike in the above example, they are, in a significant majority of cases, simply glossed over.
And this trend is likely to gather strength as the economy slows down. Says Navita Srikant, Partner, Fraud & Dispute Services, Ernst & Young (E&Y): “Companies are more likely to gloss over frauds when profits are falling as they then have to make provisions for the losses.” She adds that there will be more cases of fraud over the coming years as “managements make unrealistic forecasts and then go all out to meet them at any cost”.
It’s a free for all
|Profile of a fraudster|
A majority of frauds is perpetrated by people who have longstanding relationships with the victim company.
How companies treat fraudster
More than a third of Indian companies do nothing about frauds.
PwC has a 12-member team that includes a former Central Bureau of Investigation (CBI) official, while E&Y has a 40-member anti-fraud team that includes former Indian army personnel and a retired judge.
PEs want transparency
These firms are simply addressing an emerging opportunity. Despite the inclination of a large number of companies to brush instances of fraud under the carpet, the opening up of the economy is forcing some others to face it head-on.
“Private equity firms are very concerned about managements misusing funds,” he says, adding: “As more foreign investors invest in mand higher levels of disclosures and transparency—and managements here will have to spend a lot more on it.”Then, a few high-profile instances of data theft at Indian BPOs have led to the enforcement of strict norms and policing in the sector.
PwC’s Rajarao recalls a case where a supplier helped create a slush fund for a manufacturing company based in a southern state, which always overpaid the former for his deliveries.
The supplier used the money to bribe officials on behalf of his principal.
The fear of scrutiny also leads managements to close many fraud cases, after a departmental inquiry, without reporting them to the police. Says M.V. Kini, Proprietor of law firm M.V. Kini & Co.: “Managements often decide not to report cases where there might be a supervisory lapse to the police as that may lead to senior executives being questioned. An example is a loan sanctioned to a fraudster who runs away with the money. The person who signs the final approval may not be a party to the fraud but a police investigation may still land him in jail. We often advise companies to finish such cases with departmental enquiries.”
There are other systemic hurdles to nipping fraud in the bud. The foremost is the fact that whistle blowers are virtually non-existent in India as few employees believe that managements are serious about combating fraud.
Usually, the whistle blower system has a helpline number to report frauds to. PwC’s Rajarao says: “If the helpline is handled by a secretary within the company, its effectiveness goes down as employees are scared of possible retribution.”
By comparison, companies in the US have to report to the Securities Exchange Commission (SEC) about calls they get on the system and the action taken.
“Any company saying it hasn’t received any serious complaints will become suspect in the eyes of the regulator,” says Rajarao.
Unfortunately, such a system is nowhere on the horizon. But as India integrates further with the world, Indian business leaders will realise that sound fraud management systems not only help stem losses but also increase the attractiveness of their companies to investors. And that might goad them into putting better procedures in place.
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