Large and of import companies have collapsed around the universe as a consequence of fraud. The fraud in the resent old ages has significantly increased which lead the companies to concentrate on it in specific and hence lead the public to concentrate on it in general and we have two of import illustrations of fraud. The first illustration is the Enron Corporation and its dirt in 2001 and the 2nd illustration is the 2nd illustration is the WorldCom dirt and fraud. We can see that the fraud in many companies has happened because of the deficiency of the internal audit in the company and besides because of failing of internal control system and the corporate administration. Therefore, strong internal audit, internal control system and eventually corporate administration will decidedly forestall the company from the fraud and the company will be kept into high degree of security against fraudulent. In this paper we will concentrate foremost on the fraud in general and the types of fraud. Second, we will chiefly concentrate on corporate administration map and its function to forestall the company against the fraud. Finally, we will raise the function of internal hearer in the company.
To get down with the definition of fraud: Comer, Michael J ( 2003 ) has defined the fraud as: “ any dishonesty through which one individual intends to derive an advantage over another ” . Another of import definition of fraud harmonizing to Silverstone, H and Sheetz, M ( 2007, p5 ) has defined by FBI: “ white- collar offenses are characterized by fraudulence, privacy, or misdemeanor of trust and are non dependent upon the application or menace of physical force or force. Such Acts of the Apostless are committed by persons and administrations to obtain money, belongings, or services ; to avoid the payment or loss of money or services ; or to procure a personal or concern advantage ” . So people who do fraud are dishonest and they are taking advantage of trust other people on them and the flexibleness of accounting policies to make a fraud. But we need to inquire an of import inquiry and this inquiry is did these people who commit fraud survey about the fraud in universities? . In other words, do universities learn its pupils about the fraud and explain to them that they have to be more honest and seek non to be in place of fraudlenter. Many faculty members and research workers agree that the universities of concern have responsibility duty towards pupils. They said that universities are learning the pupils the rules and the regulations of accounting, while they should therefore learn them how they stay off from fraud. A research conducted by Vinten, G ( 2002, p9 ) suggested that “ concern classs should put more accent upon hazard and fraud, instead than feigning that fraud ne’er takes topographic point ” . Consequently, the first measure towards combat fraud is to learn the pupils in universities about it before they go and work in administrations.
Who obligates fraud?
This a eventful inquiry because there may be some confusion environing this. Some think that males are more to be in fraud place, while others believe that the females are more likely to perpetrate fraud, nevertheless, other position are supposed by others support that anyone from the society can compel fraud work forces or adult females and they said that we can non even separate between demographic or psychological of people characteristic. The last position or sentiment in fact is in the right way. For illustration, Silverstone, H and Sheetz, M ( 2007 ) states that adult females obligate simply approximative as many frauds as work forces. Furthermore, Albrecht et Al ( 2009 ) province that it is non possible under any fortunes to be predicted in progress which sellers, clients, employees and others will go lying. And they besides mentioned that so when fraud does go on, reaction of those who around the fraud is denial and it is incredible that victims were trusted friends and co-workers have behaved undependably.
Reasons for fraud:
There are several grounds actuating people to perpetrate fraud and we will see the of import 1s greed, economic motive and prestigiousness or acknowledgment as follows:
The first ground is greed. Peoples who have power and hence authorization in many instances carry out fraud and corruptness due to their greed ( ASOSAI ) .
The 2nd important ground is motive of economic. The chief of import motive for both corruptness and fraud is whether addition or fiscal demand. In many instances, people who found guilty of corruptness or fraud by critical of non bearable fiscal affairs ( ASOSAI ) .
The last of import ground is acknowledgment or repute ( prestigiousness ) . These people may experience that they merit more repute or more acknowledgment. So these people will be in some instances motivated by revenge, enviousness or self-importance. Their believes sometimes to others are superior. As a consequence, they can compel fraud and no 1 can conceive of, observe or detect them ( ASOSAI ) .
Therefore, as we have seen these are of import grounds that can take individuals to perpetrate fraud. Some people are under force per unit area of their day-to-day life, their household and sometimes their society could hold a bad impact to take them to make fraud. Besides, the weak of internal control system in the company or even the corporate administration will take as a consequence the company to confront the fraud. In simple words, any money without any security will larn the others how they can steal it. So the chief of import thing is that the company must hold a strong security system to be contending against the fraud. Figure 1 shows the fraud trigon.
Opportunity
Pressure Rationalization
Figure 1 ( Wells, Joseph T, 2007 )
Types of fraud:
Many faculty members and research workers have classified the fraud into different ways but we will see the fraud ‘s types as Alberecht et Al ( 2009 ) positions: they have divided frauds into those committed against administrations and those committed on behalf of administration:
Employee fraud: in this instance the victim will be the administration of the employee, nevertheless, harmonizing to fraud of fiscal statements the executive habitually obligate fraud on behalf of a company and the ground for that to do the studies of the company much better than they in fact were.
One more manner to screen fraud harmonizing to Alberecht et Al ( 2009 ) is to utilize the ACFE ‘s definition of occupational fraud as “ the usage of one ‘s business for personal enrichment through the deliberate abuse or misapplication of the using administration ‘s resources or assets ” . The ACFE has comprise three important kinds of occupational fraud: the first 1 is plus embezzlements and dwell the larceny or abuse of an administration ‘s assets, the 2nd type is corruptness, at this state of affairs the fraudsters use their influence in a concern dealing to profit for themselves or another individual, the last type is deceitful statement, this include counterfeit of a company ‘s fiscal statements.
Another manner to screen fraud is harmonizing to victims:
Company is the victim of the fraud.
– Employee peculation, in this instance obligator is a company ‘s employee.
– Seller fraud, obligator is a company ‘s seller.
– Customer fraud, obligator is a company ‘s client.
Management fraud, stockholders and debt holders of a company are the victims.
Investing cozenages and other consumer frauds, in this phase unwary person are the victims.
Assorted frauds, anyone may be become victims.
A fraud contending professional:
There is no class in universities called bar of fraud or contending against fraud, but, the pupils who do like to fix contending against fraud, they have to take the right courses that enable them to be successful fraud combatant. Some universities are supplying particular classs such as Sheffield Hallam University in the UK and this class is called a forensic accounting, so this class will supply the accomplishments to pupils which make them a successful fraud combatant. In the following subdivision, we will give some of the important accomplishments for professionals who are contending the fraud harmonizing to Alberecht et Al ( 2009 ) as follows:
Analytic accomplishments, detect fraud and look into it are more chiefly analytical procedures. To observe the fraud the research worker should inspect the symptoms that he has found, is the chief of import point. It is non possible for anyone to be an first-class fraud combatant without following analytical accomplishments.
Communication accomplishments, a good fraud combatant has to cognize when and how he can inquire inquiries because he will interview for illustration some informants, therefore, he should therefore construction his inquiries to do them more effectual and his method of inquiring inquiries besides has to be more effectual to pull out the information from the interviewer. Consequently, good communicating accomplishments will take to a good fraud combatant.
Some apprehension of accounting and concern, when the fraud combatants have an apprehension of accounting and concern, this will assist them in many instances.
The ability to talk and compose in a foreign linguistic communication, some companies have subdivisions around the universe and therefore there are transnational companies. So the fraud combatant should be able to talk and compose a foreign linguistic communication such as Gallic or for illustration Chinese linguistic communication.
Technology accomplishments, the fraud combatant may roll up information from database, so the engineering permits tester ‘s fraud to analyze a big database more rapidly and they can swear these consequences.
The analytical, communicating and engineering accomplishments are eventful for the fraud combatant, while other accomplishments as apprehension of some accounting and concern and the ability to talk and compose in a foreign linguistic communication are non excessively of import but they should be taking into history.
Requirement of professional:
Event to be a professional fraud combatant, the professional must hold more than one twelvemonth experience in an country of forte related to sensing of fraud either direct or indirect and harmonizing to Alberechet et Al ( 2009 ) the undermentioned kinds will be acceptable as fraud related experience:
Accounting and Auditing:
Anyone can be qualified if he has an experience whether an hearer or comptrollers. For illustration, if he/she has an experience as an hearer either internal or external hearer. Furthermore, when person has an experience as comptroller and has involved and cover for sensing fraud, measuring accounting systems for failings or for illustration planing internal controls can be professional.
Criminal and sociology:
Merely experts with research or instruction in the white neckband offense and fraud can be qualified as fraud combatants.
Fraud probe:
When person has an experience in the probe of civil or condemnable fraud or besides has experience in white neckband offense.
Loss bar:
Directors ‘ security for companies and associations and they deal with some issues of loss bar could claim their experience with fraud issues.
Law:
Anybody with experience in the legal field may be qualified. For case, these people may include fraud litigants and prosecuting attorneies.
Therefore, when anyone expertness does non fall into one of these kinds could non be qualified as fraud combatant professional.
We have discussed above the fraud from different point of position and we do need to continue farther to happen out about the function of corporate administration, and internal audit on prevent the administration from fraud.
Corporate administration:
Corporate administration has become one of the of import topics after a series of assorted fiscal crises that have occurred in the universe, particularly in developed states. Such as crisis have occurred in East Asia and Latin America in 1997 and the prostration of Enron Company, which was operated in selling of electricity and natural gas in the USA in 2001, every bit good as prostration of WorldCom company of America communications in 2002. These prostrations and crisis are due to the direction and accounting corruptness and fraud. In add-on to that as some have suggested that the most of import ground for the prostration of the administrations is the deficiency of direction to good pattern in monitoring and supervising. Furthermore, these crises are as a consequence of the deficiency of transparence and deficiency of involvement in using the rules which verify the accounting revelation. As a consequence of all this increased attending to the construct of corporate administration and has become one of the chief pillars that must underpin the economic units. So many administrations and organic structures have been set to corroborate the advantage of this construct and promote its application in assorted companies such as Cadbury commission which was formed to develop a model of corporate administration on behalf of Cadbury Best Practice in 1992 in the UK.
Definition of corporate administration:
There are many different definitions of corporate administration but we will simply see two important constructs. Rezaee, Z ( 2002, p117 ) states that “ corporate administration is non an abstract end, but exist to function corporate intents by supplying a construction within which shareholders, managers and direction can prosecute most efficaciously the aims of the corporation ” . And the of import definition as Cadbury provinces is “ corporate administration as keeping the balance between economic and societal ends and between persons and communal ends ” .
Even though corporate administration definition is distinguishable from different point of position, it is agreed in rule that it contributes in determing the duty and responsibility of single employees of the administration.
Corporate administration duty ;
In this subdivision, we will foreground the three chief of import duty of corporate administration as Rezaee, omega ( 2002 ) points out:
1-high degree of quality of fiscal coverage will be achieved simply through unfastened and honest communicating and adumbrate working relationship between the audit commission, the corporation ‘s board of managers, internal hearers, direction and external hearer.
2-strong corporate administration, aid in supervising in prepare the fiscal coverage and will interrupt down instances of the possibility of fiscal statement fraud 3-investors ‘s confidence will increase in the capital market as a consequence of transparence, unity and quality of fiscal studies, while in instances of fiscal statement fraud lessening such confidence
Therefore, such these duties will as a consequence addition the quality of information that will be provided by companies. Furthermore, it will steer and regulate the public presentation of activities in all administrations. Consequently, this will take to make concern expeditiously and run into the public presentation rights and duties in professional and legal mention.
Principles of corporate administration:
Duty: the duty of managers: corporate administration is working to do the administration of board managers held to the general assembly and hence to do all the determinations for the appraisal and monitoring. Duty of managers who consent the strategic tendency of the administration within a construction of wise authorises and who employ, observe and value direction ( ICAEW, 2010 ) .
Accountability: the board of managers and their answerability to stockholders. The board provide information to stockholders who have the power to reprize or extinguish the managers who are non trusted to keep the company ( ICAEW, 2010 ) .
Transparency or clarity: transparence is the face of the full equity nonpartisanship and concern for the safety of operations, minutess and related by the functions that exercised by executives, non executives ‘ managers and the external hearers. Clearness of understable information with which important testing of an entity and its activities can be made. The revelation of financial and operational information and interior procedures of direction supervising and control allow foreigners to value the company ( ICAEW, 2010 ) .
Fairness: administration works to accomplish non _discrimination against a group or with a category of groups against other group. So the stockholders have the right to support about their involvements and acquire entree to sufficient informations and protect them from any operations that may impact the unity of their determinations. Justice that all stockholders are treated likewise and have the opportunity for re corrects for profanation of their rights ( ICAEW, 2010 ) .
How is of import corporate administration?
Corporate administration is the most of import procedure necessary for the proper corporate and confirms the unity of its direction, every bit good as to carry through the duty, committedness and to guarantee that companies achieve their aims in legal and economic substructure. The importances of corporate administration are shown as follows:
Collapse of many companies around the universe has considered the investors about their entities. ICAEW ( 2010 ) has shown that “ high profile corporate prostrations due to a figure of fortunes including fiscal coverage abnormalities taking to a deficiency of investors ‘ assurance and public trust ” .
The universe now has become a little small town due to globalization. So many investors raise their capitals across the universe and they considered about their investing in the administrations and are looking for good corporate administration to salvage and keep their investing. For case, developing markets in peculiar require uncovering superior corporate administration to engraft investor confidence. Therefore encouraging entryway to the world-wide capital necessity for occupation formation and economic enlargement ( ICAEW, 2010 ) .
Investors as institutional investors are interested in long term investing. Consequently, weak corporate administration will non assist them to travel on. For illustration, IACEW ( 2010 ) points out those institutional investors chase long term investing and often receive dynamic duty in conveying underperforming entities to undertaking.
Corporate administration and corporate failure:
There is an statement that increasing in figure of prostration many companies across the universe is as a consequence of failing corporate administration or internal hearer map. In this subdivision we are sing on corporate administration and its related to failure many companies a research conducted by Ramaswamy, V ( 2005, p68 ) indicates that “ an increasing figure of research workers are happening that hapless corporate administration is a taking factor in hapless public presentation, manipulated fiscal studies, and unhappy stakeholders ” and he besides mentioned that unhappily the nucleus of corporate principles_ the board of managers in assured instances become a enticement for disreputable patterns.
Therefore, as discussed above hapless corporate administration and unethical behavior by the board of managers will take as a consequence to fall in many administrations for certain. So what do we hold to make to do it works? The reply is that corporate administration should be improved and this means that it needs development non revolution. A necessary stairss frontward to better corporate administration and should be taken even to transport on with the developments in our day-to-day life.
Improve corporate administration:
Although, many studies have been carried out to better the corporate administration, the companies ‘ fraud is still traveling on without halting and diminishing. So how can corporate administration be improved. Some research workers considered chiefly about bettering corporate administration by concentrating on the function of audit commission. For illustration, Rezaee, Olibe and Kingsley O ( 2003, p532 ) have stated that “ to efficaciously carry through its inadvertence map, the audit commission should be independent, competent, financially literate, adequately resourced and decently compensated ” . However, other research workers and faculty members have focused simply on bettering corporate administration. For case, Vinten, G ( 2002 ) has suggested the followers:
Board members have to be appropriately developed, qualified and inducted.
All different type of cons and pros of corporate administration should be discovered and best dry run dispersed.
Practical research on corporate administration should be sponsored by company alternatively of the black box.
The group of stakeholders such as organized stockholder and institutional investors should be allowed a ballot in the council chamber.
National research docket should be developed, with cardinal assemblage and scattering of results.
Furthermore, harmonizing to Ramaswamy, V ( 2005 ) has pointed out that entities require a centralized program and a seted up construction to measure and detect internal controls ‘ efficiency and the alliance between internal control, corporate administration and external coverage activities.
Internal auditing,
Internal auditing is an independent activity inside the administration. It aims to guarantee that the system and processs of the company is accordance with jurisprudence and there are no mistakes in the fiscal statements and their duty is directed to direction.
Definition of internal auditing,
Harmonizing to Spencer P, K.H ( 2004, p51 ) internal auditing is “ an independent, nonsubjective confidence and consulting activity designed to add value and better an administration ‘s operations. It helps an administration carry through its aims by conveying a systematic, disciplined attack to measure and better the effectivity of hazard direction, control and administration procedure ” . So the internal audit construction commits to help set up construction of authorization, hazard supervising and direct. Meanwhile, it commits to offer an nonsubjective position on whether these systems are in place and effectual, slightly that is presently true at the controls of direction program for every type of administrations.
The function of internal hearer:
The function of internal hearer is different from company to another and it relies on the activities of the company and the demands of direction. So we will foreground the important functions:
The first function is that fiscal and operational information have to be examed by internal hearer. For illustration, IAS 610 ( 2008 ) points out that this will consist re examine of the resources used to recognize, quantify, categorise and study such information and peculiar probe into single things with extended examining of traffics and steadiness.
The 2nd function is to re exam the company ‘s effectivity and non fiscal controls of an entity. Millichamp, A and Taylor, J ( 2008 ) has stated that one of the function of internal hearer is to re evaluate of the economic system, competency and efficiency of operations plus non financial directs of a company.
Extra function is that to observe fraud. IAS 610 ( 2008 ) states that internal hearer should hold a specific enquiry interested in specific countries such as supposed fraud.
Another important function is internal hearer has to look into whether the entity is conformity with Torahs and ordinances or non. For case, Millichamp, A and Taylor, J ( 2008, p236 ) states that internal hearer have to “ reexamine of conformity with applicable Torahs and ordinances ” .
The last function is to observe hazards that companies are confronting and halt these hazards. Jeffrey, C ( 2008 ) states that the function of internal hearer can help directors to interrupt down the hazards by identify and rank these hazards.
These are an of import functions of internal hearer, particularly their functions in detect fraud in the company and to assist the direction to interrupt down any hazards that their companies may confront. If the internal hearer behave ethically and in conformity with auditing criterions, his/her function will wholly keep and salvage the stockholders ‘ investings in the company because he/she will make notice and detect the readying of the company histories and all the activity of the company.
Need for good internal hearers:
There is no uncertainty that good internal hearer will as a consequence direct to command the activities of the company efficaciously. However, Hirth J, R.B ( 2008 ) has stated that holding an first-class internal hearer will non vouch first-class controls but will guarantee at least a high degree of possibility of healthier controls. The inquiry which is still staying, is how can we accomplish a high criterion of internal hearer? . Hirth J, R.B ( 2008 ) has discuses this inquiry as below:
Better people: people who are high qualified and so professional with extended experience in accounting, finance and information engineering are in demand even to make high quality of internal hearer. Therefore, such these people can be prepared to detect recent engineerings, recognise and assist diminish lifting hazards and construct up advanced solutions to hard concern problems. In simple words, cognition such these people are really of import and valuable to the company, particularly after executing audits.
Better hazard appraisal: the hazard appraisal continues to be the chief rules of internal hearer. The focal point and the attempt of internal hearer is defined by hazard appraisal. Realization it accurate thought an inclusive hazard appraisal will coerce better results, reach better efficiencies and cover up the critical things that whichever put in or keep importance in the company. So to avoid waste of clip and attempt the internal hearers should acquire it right.
Better usage of engineering: with better usage of engineering internal hearers can execute good. So that they can supervise operations, scan cardinal public presentation indexs alternatively of trusting on trying random groups of minutess.
Better cognition of restrictions: the internal hearer works closely with directors to place his function so that he/she can accurately be successes and carry through his/her bid.
Better overall procedure: The internal hearer should hold evaluated, hone and analyze their ain procedure so that they can guarantee their efficiency and their extremely productive
