fraud

Official report on New Mexico Finance Authority’s faked audit report – Part 3

The Office of State Auditor (OSA) has issued several official reports on the fabricated June 30, 2011 financial statements from the New Mexico Finance Authority. You can find two of the reports here and here.

This is the third in a series of posts on the reports.  Previous posts are here and here.

Are lots of new procedures needed inside NMFA?

Official report on New Mexico Finance Authority’s faked audit report – Part 2

The Office of State Auditor (OSA) has issued several official reports on the fabricated June 30, 2011 financial statements from the New Mexico Finance Authority. You can find two of the reports here and here.

This is the second in a series of posts on the reports.  Previous post is here.

Report conclusion

Official report on New Mexico Finance Authority’s faked audit report – Part 1

The New Mexico Office of State Auditor (OSA) has issued several official reports on the fabricated June 30, 2011 financial statements from the New Mexico Finance Authority.

This will be the first in a series of posts on the report.

You can find a 47 page report dated December 3, 2012 hereYou can find a more detailed 174 page report dated December 12, 2012 here.

The longer report has a very helpful 10 page executive summary. If you are a CPA interested in learning about fraud, systemic failures of internal control, the importance of tone at the top, and all the other things that we CPAs look at, you will learn a lot by reading the executive summary.

Good news from the investigation

Guilty plea over faked audit report at New Mexico Finance Authority

The former controller of the New Mexico Finance Authority pled guilty to three felony counts on November 29, 2012. There were two forgery charges and one for securities fraud.

He was sentenced to five years probation.  The sentence includes the provision for a conditional discharge.

A special report from the Office of State Auditor dated December 12, 2012 stated:

Final defendant sentenced in city corruption case

The Daily Bulletin reports that Final defendant in Pomierski case sentenced to one year, one day.

The fourth defendant was sentenced to 12 months and one day in federal prison for his role as middleman in the bribery case involving the mayor of a city next to where I live.

There was one guilty conviction and three guilty pleas. The sentences are two years, one year & one day, one year & one day, and six-month prison & six months home detention. That wraps up the sentencing.

New Mexico Finance Authority fiasco expands into criminal arena and doesn’t just involve a rogue employee

The mess involving a faked audit report in New Mexico is growing. The former controller wasn’t acting alone and the faked audit report isn’t the only issue.

The controller has been arrested for alleged securities fraud. It is now alleged that the former controller coordinated with the Chief Operating Officer (COO) in misstating the financial statements. The COO has also been arrested.

Fake website used to support claim of unintented steroid use by baseball player

How’s this for a creative scheme? If you are accused of having a banned drug in your bloodstream, create a website that offers an innocent sounding topical cream and then claim that you bought the cream from that site and used it not knowing it contained any bad stuff.

I don’t discuss sports here, but fabricating a website is too good a story to pass up. So here we go…

Giant’s outfielder Melky Cabrera is under a 50 game suspension for using a banned substance.

At the hearing to consider this case, his defense was that he saw a topical cream advertised at a website and bought it. He did not know it had any banned substances in it. That is the reason he tested positive. The unintentional use of a banned substance would be plenty of reason to lift the suspension.

Only one little problem…

2 year prison sentence for corruption case

I’ve been following the corruption case in the city next to where I live. Links to earlier discussions are at end of this post.

The mayor was accused of accepting bribes from a local business in return for helping them get back in business. In April 2012, he pled guilty to one count of bribery. The remaining 9 charges were dropped at the sentencing.

Yesterday he was sentenced to two years in federal prison.

Initial analysis on faked financial statements

If you are an auditor, you really ought to be watching the story unfolding in New Mexico about the allegedly faked 6-30-11 financials for the New Mexico Finance Authority. Is it okay to drop the alleged when the person submitting the report said it isn’t the real audit report? My previous posts here and here.

If you want an evaluation of the quality of the forgery, you can check out Jim Scarantino’s post on July 19:  The Cheap Forgery That May Cost New Mexico Millions. He has an extended discussion of the report.  He’s talking photocopies and whiteout.

One more thing to watch for is the idea of photocopies being present when originals are expected. Look at the visual quality of the accountant’s reports. Typically those would be printed originals, if not electronically generated. In the copy on the web site, the accountant’s reports appear to be a second or third generation copy. The pages in the basic financials are not as ‘dirty’ as the opinion. That should be odd to an auditor’s eyes.

Accountant who allegedly fabricated audit report appears on camera

The New Mexico State Auditor claims audited financial statements for the New Mexico Finance Authority were fabricated in their entirety. I mentioned this in my previous post, Faked audit report in New Mexico.

This has been the cause of an uproar in Santa Fe and Albuquerque, as you can imagine.  The local news station, KOB 4, found the controller allegedly behind the fiasco at his home on Friday. They spoke to him before the investigators did.  You can read KOB’s  report at NMFA Comptroller on bogus audit: Not malicious.

His explanation at the moment is that he prepared a draft report for the audit. This would be fine up to a point. The concept is that the client ought to prepare the financial information, including all necessary notes. Even the single audit schedules ought to be prepared by the auditee.

Q: Why are corruption and bribery frauds so difficult to discover?

A: Because all the documents are outside the organization being defrauded.

When it comes to corruption and bribery, it only takes a little planning for a fraudster to keep all the papers that contain any trace of a fraud outside the organization.  A minimal amount of planning will mean there is no paper inside an organization that contains a hint of a problem.

I’ve discussed this issue using the example of an alleged fraud in the city next to where I live. The alleged part of the story is slowly turning to fact with one participant, the mayor, entering a plea agreement.

Now think about auditing the city.  All the pieces of paper that show any hint of the fraud are outside the city hall.  How would the city’s auditor find that?

Guilty plea in corruption trial mentioned a year ago

In March 2011 I discussed a corruption case in the city next door to where I live.

The local newspaper reports that the mayor has pled guilty to accepting a $5,000 bribe from a local business.  From the Daily Bulletin: Ex-Upland mayor pleads guilty, the very short version of the story:

{The mayor} was accused of conspiracy, extortion and bribery offenses that led the business owners to pay $45,000 in bribes.