They say a truly honest man is one you can play craps
with over the phone. Today's headlines make us wonder
where the honest people in business have gone.
We are all familiar with the basic facts surrounding the
Martha Stewart case. If you are like me, you found her
recent conviction on all charges both startling and baffling.
How could someone so revered and trusted in the public
eye suddenly be convicted of crimes of deception. Why
would she risk so much for a relatively small gain.
More importantly, what lessons can we take from this to
our daily life as a credit professional? Who can you trust?
How can the CMA help?
There are many lessons here and they are more relevant
today than anytime in the past.
Why Should I Care?
The National Association of Credit Management (NACM) Asset
Protection Group (APG) estimates the following costs of
fraud in the U.S.
· Business identity theft grew 70% from June 2002
to June 2003.
· Suppliers take in more than $18 billion in bad
checks annually.
· Fraud cost American companies $400 billion in
2003.
· The U.S. Chamber of Commerce reports that $50
billion is lost annually due to employee theft and fraud.
Do you really know what the cost is for your company?
What is Fraud?
Fraud comes in many forms. It can be an internal issue
precipitated by a trusted employee, or committed by an
organization or individual purchasing your company's products
or services. Fraud occurs when the perpetrator intentionally
misleads the offended party into a false sense of confidence.
(i.e. "con") Once a fraud is discovered, it
is typically of great surprise to the victim. It is typically
the employee you least expect or a company you trust.
As a result there is lax adherence to the processes and
controls that can effectively deter fraud. The door is
open.
Even more alarming is the extent that fraud may occur
under our nose and it is not discovered. For example,
does your company have appropriate internal controls?
When a debtor files for bankruptcy protection do you pursue
the debt through the bankruptcy process or, is your company
writing off balances where deliberate fraud may have occurred?
Does your company pursue small balances or, do you have
a threshold under which you just write-off the balance,
with no efforts to collect? These policies may seem like
the most practical approach to an overworked and understaffed
organization, but are they inviting the opportunity for
your company to become a victim?
Aside from check, or credit card fraud, there are three
categories of fraud of premier importance to the credit
professional:
· Organizational identity theft: The perpetrator
assumes the identity of a legitimate company.
· A "Shell" Company: A shell company
may have a website, sophisticated promotional materials,
be registered as a business, have a telephone listing
with directory assistance, provide fake bank and trade
references and can be found on credit reports based on
false information they provide. Once they have established
credit with the victim company and receive product, they
close their doors and disappear, bills unpaid.
· "Bust Out": The perpetrators
seek to establish a significant credit relationship with
victim companies. They may either acquire a company with
a good reputation or start a new company. A target could
be a family business being sold after the retirement or
death of the long term owner. The product line changes
to goods that are easily sold. This has been made easier
in recent years with the coming of on-line auction services.
Products sold may have no relation to the traditional
business of the company or its name.
Months may go by. Product is ordered, bills are paid.
Then a large order is placed, shipped and billed. You
guessed it, the debtor disappears.
How do Seemingly Honorable People Commit Fraud and
Get Away With It?
The "Three E's": Error, Ego and Economics give
insight into how fraud is allowed to happen. What motivates
an individual to commit a fraudulent act, even if, from
an outward appearance, it seems unlikely they would do
so?
Errors Enabling Fraud
To "Error" is human. People in business make
mistakes. Decision making is about choosing among alternatives
and taking risks. In today's fast paced environment choices
have to be made rapidly, sometimes with minimal time for
research and thought.
The credit decision making process can either prevent
or open up the possibility of fraud.An honest mistake
is one thing. However an ill informed mistake could cost
you your credibility and even your job. It is more important
than ever to be honest about what you do and don't know.
If needed, seek out reliable resources that can rapidly
keep you informed. The CMA Trade Credit Groups and Anscers
are available to help you. On-line Requests for Information,
"RFI's", give you immediate access to your industry
peers to clear accounts. The Encyclopedia can help you
keep informed. The Community Bulletin Board offers you
an opportunity to post questions and receive immediate
advice and comparative approaches from other credit professionals.
Credit professionals today have a serious dilemma. On
the one hand there is tremendous pressure to help our
companies build market share and increase revenues. On
the other hand, we must manage reasonable risk with minimal
staff and resources.
Fraud is facilitated by the perpetrator's knowledge of
these pressures. They also know many creditors are not
trained to recognize the danger signs for fraud.
In today's competitive environment, credit decisions commonly
focus on three elements: the financial viability of a
debtor, the documentation provided and the projected revenue
stream expected from sales to the debtor. The fraud victim
may not take the time or have adequate processes to confirm
either the accuracy of the information provided, or the
honesty of the debtor. This opens the door for a fraudulent
debtor to alter information sufficiently to secure credit
approval. Unfortunately credit professionals must maintain
a healthy degree of skepticism toward a new or problematic
customer and any information they provide.
The second "E" is "Ego". This
can blind us from the facts and consequences of our actions.
"Ego" oriented decisions are relevant to credit
professionals from two perspectives. Don't let your ego
get in the way of a tough decision. It is a changing world
out there. Realize the facts may change surrounding a
position you have taken on an issue in the past. The circumstances
may have changed for a debtor company you have supported.
Step up to the facts at hand and do the right thing.
Also, watch out for principals of customer companies who
let their "Ego" get in the way. The executives
now being tried and convicted for their misdeeds are poster
children for this one.
I once sold to a medium sized distribution company with
an owner who felt he had the magic touch. After some successes
he started buying smaller competitors with borrowed money.
He felt he could do no wrong. Well, the obvious happened.
He made some bad choices, couldn't meet his obligations
and filed Chapter 7. His decisions were blinded by his
"Ego".
The third motivator is "Economics". The
desire for personal gain along with a blinding ego is
a great formula for deceptive business practices and fraud.
WC Fields once said, "A rich man is nothing but a
poor man with money." Don't let someone in expensive
clothes, an elaborate office, or a seemingly prestigious
company deceive you.
Unfortunately, the recent conviction of Martha Stewart
and other top executives is an example of a growing problem
in business today. Business fraud is something all of
us will face at some time in our career. It could manifest
itself as check fraud, a misstatement of a company's financial
status, a break out operation, a catastrophic embezzlement
by a trusted employee or in many other forms. We have
to be constantly on the look out and aware of when a fraud
is a possibility.
The "Triangle of Fraud" helps explain how a
fraud friendly environment can exist.
On one side of the triangle is "Pressure".
This can be economic pressure, an individual or company
has desperate financial problems. Perhaps an individual
or a family member has severe health problems, a substance
abuse issue or gambling debts. This leads to the pressure
needed to motivate, even apparently honest people, towards
fraud.
The second side of the triangle is "Rationalization".
"My company is small and I am defrauding a large
company. Anything I get from them will be immaterial."
Or, "I will just do this once and never again",
or "just once more and never again."
For fraud to be successful, "Pressure" and"Rationalization"
must rest on a base of "Opportunity".
There is "Opportunity" for fraud and deception
when a company has lax controls, no checks and balances,
or bases credit and collection policies on a belief the
"unbelievable" will never happen.
This is another inherent value to the CMA. The CMA is
your professional association. It is an organization that
is in the game for YOU. It provides access to timely information
to keep you informed. Comparison among your peers on "best
practices", the Lien Filing Services, the Collection
Division and the Adjustment Bureau can all help you keep
informed and swiftly react to the growing fraud issue.
CMA Business Credit Services is managed for and by credit
professionals to provide a credible resource. This will
not eliminate those situations when the "unbelievable"
happens, but it will provide you the best tools available
to minimize the impact on you and your company.