MANAGING THE RISK OF FRAUD AND MISCONDUCT
MANAGING THE RISK OF FRAUD AND MISCONDUCT
MEETING THE CHALLENGES OF A GLOBAL, REGULATED, AND DIGITAL ENVIRONMENT
RICHARD H. GIRGENTI, J.D.
AND TIMOTHY P. HEDLEY, Ph.D.
Copyright 2011 by Richard H. Girgenti and Timothy P. Hedley. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher.
ISBN: 978-0-07-170259-1
MHID: 0-07-170259-8
The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-162129-8, MHID: 0-07-162129-6.
All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps.
McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. To contact a representative please e-mail us at bulksales@mcgraw-hill.com.
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, securities trading, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
From a Declaration of Principles Jointly Adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations
TERMS OF USE
This is a copyrighted work and The McGraw-Hill Companies, Inc. (McGraw-Hill) and its licensors reserve all rights in and to the work. Use of this work is subject to these terms. Except as permitted under the Copyright Act of 1976 and the right to store and retrieve one copy of the work, you may not decompile, disassemble, reverse engineer, reproduce, modify, create derivative works based upon, transmit, distribute, disseminate, sell, publish or sublicense the work or any part of it without McGraw-Hills prior consent. You may use the work for your own noncommercial and personal use; any other use of the work is strictly prohibited. Your right to use the work may be terminated if you fail to comply with these terms.
THE WORK IS PROVIDED AS IS. McGRAW-HILL AND ITS LICENSORS MAKE NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM USING THE WORK, INCLUDING ANY INFORMATION THAT CAN BE ACCESSED THROUGH THE WORK VIA HYPERLINK OR OTHERWISE, AND EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. McGraw-Hill and its licensors do not warrant or guarantee that the functions contained in the work will meet your requirements or that its operation will be uninterrupted or error free. Neither McGraw-Hill nor its licensors shall be liable to you or anyone else for any inaccuracy, error or omission, regardless of cause, in the work or for any damages resulting there from. McGraw-Hill has no responsibility for the content of any information accessed through the work. Under no circumstances shall McGraw-Hill and/or its licensors be liable for any indirect, incidental, special, punitive, consequential or similar damages that result from the use of or inability to use the work, even if any of them has been advised of the possibility of such damages. This limitation of liability shall apply to any claim or cause whatsoever whether such claim or cause arises in contract, tort or otherwise.
Contents
About the Editors/Authors
Richard H. Girgenti, Principal, KPMG
Rich Girgenti is the National and Americas leader for KPMG LLPs Forensic Advisory Services, global lead for the firms Compliance and Monitoring network, and a member of the firms International Forensic Steering Group. He has more than 35 years of experience both nationally and globally conducting investigations and providing fraud risk management advisory services to public and private corporations, as well as federal and state government entities and not-for-profit organizations.
Rich has served as a member of the board of directors for KPMG LLP and the Americas region. He has chaired the boards Governance Task Force, as well as the Professional Practice, Ethics and Compliance and the Nominating committees. He has also served as a member of the Audit and Finance and the Pension committees.
Prior to joining KPMG, Rich held a number of high-level legal and law enforcement positions. He served as New York State Director of Criminal Justice and Commissioner of the Division of Criminal Justice Services, where he oversaw and coordinated the policies and initiatives of all the states criminal justice agencies and worked closely with all federal and state law enforcement agencies. He is a former veteran state prosecutor in the Office of the Manhattan District Attorney, where he handled investigations, trials, and appeals in both the state and federal courts, including investigations and prosecutions of white-collar, violent, and major narcotics organized crime cases.
Rich holds a bachelors degree from Seton Hall University and a J.D. from Georgetown University Law Center. He is a Certified Fraud Examiner.
Rich publishes extensively on a wide range of criminal justice, white-collar, and fraud-related topics. He lectures frequently and conducts training programs and workshops on all aspects of fraud investigations and on the evaluation, development, and implementation of integrity programs.
Timothy P. Hedley, Partner, KPMG
Tim Hedley is a partner in KPMGs Forensic practice where he serves as global lead for the firms Fraud Risk Management network. He provides clients with a wide range of forensic services by assisting with the prevention of, detection of, and response to fraud and misconduct. Tim also directs the development of methodologies and tools to assess the effectiveness of anti-fraud, corporate compliance, and integrity programs for multinational business organizations.
Tim has significant experience working with both public and private companies across a broad range of industries to respond to allegations of fraud or misconduct, including, among others, allegations involving earnings management, counterfeiting, bribery and kickbacks, construction, potential Ponzi schemes, and employee theft. He conducts fraud and compliance risk assessment and designs and conducts fraud awareness and compliance training programs. Tim assists clients with benchmarking their anti-fraud and compliance efforts against recognized industry practices and with designing, implementing, and evaluating corporate fraud investigative units. He also coordinates detailed internal audit testing of identified fraud, compliance, and integrity risk areas, including, among other areas, cash, FCPA, conflicts of interest, equal treatment, and antitrust.
Tim has served on KPMGs Legal and Compliance Committee, chairing the Code of Conduct task force and the Investigative Process Enhancement task force.
Next page