2015 Tennessee Government Auditor Training Seminars Program

The Investigative Process and its Impact on Contract Audits

Kevin B. Huffman, CPA, CGFM, CFE, Manager, InvestigationsSheila Reed, CPA, Manager, Contract Audit Review

Comptroller of the Treasury

The Investigative Process and its Impact on Contract Audits

OUR MISSION

Investigate allegations of fraud, waste and abuse in state and local governments and other publicly-funded entities in the State of Tennessee

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The Investigative Process and its Impact on Contract Audits

HOW DO WE FIND OUT?

Comptroller’s hotline (phone and online submissions), as well as local government fraud reporting form notifications, inter-government fraud notifications, fraud notifications from local government contracted CPAs, correspondence from citizens and government officials

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The Investigative Process and its Impact on Contract Audits

HOTLINE NOTIFICATIONS

In fiscal year 2014, the hotline received 1,629 notifications (1,522 calls and 107 online).  Of the 1,629 notifications, 435 concerned allegations of fraud, waste, or abuse of government funds.

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The Investigative Process and its Impact on Contract Audits

OUR INTERNAL PROCESS

Weekly “triage” meeting

Facilitated and led by Office of General Counsel

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The Investigative Process and its Impact on Contract Audits

OUR INTERNAL PROCESS (cont.)

Attendees: State and Local Government Audit Local Government Audit’s contract

audit review Special Investigations Financial and Compliance

Investigations6

The Investigative Process and its Impact on Contract Audits

OUR INTERNAL PROCESS (cont.)

Weekly notifications are reviewed and discussed…

Where does the notification fit – audit matter, investigative matter, referral to other state agency, etc…

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The Investigative Process and its Impact on Contract Audits

OUR INTERNAL PROCESS (cont.)

Weekly notifications are reviewed and discussed…

Notifications/allegations dealing with governmental entities who receive audits contracted thru Local Government Audit are shared with review staff…

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The Investigative Process and its Impact on Contract Audits

OUR INTERNAL PROCESS (cont.)

Weekly notifications are reviewed and discussed…

Review staff forward information to CPA firm for consideration/risk assessment on current audit…

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The Investigative Process and its Impact on Contract Audits

OUR INTERNAL PROCESS (cont.)

CPA communications regarding these notifications/allegations are handled by Local Government Audit Review staff…

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Contract Audit Process

Notifications of Fraud, Waste and Abuse and the Contract Audit Process

Objective:Contract Auditor Responsibilities

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Notification Referrals to Contract CPAs

Total Notifications of Alleged Fraud, Waste and/or Abuse Received by the Tennessee Comptroller’s Office during fiscal year 2014:

435Assigned notifications from Triage for referral or follow-up with Contract Auditors during fiscal year 2014:

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Notification Referrals to Contract CPAs

Assigned notifications from Triage for referral or follow-up with Contract Auditors during fiscal year 2014:

MunicipalitiesSchools (Internal School Funds)Utility DistrictsE911 DistrictsQuasi GovernmentsHousing AuthoritiesNot-for-Profit AgenciesCounty

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Contract Auditor Communications to LGA

Contract CPA FirmsTriage

Notifications reported to the Comptroller’s

Office

Flow of Information

LGA

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Notification Referrals to Contract CPAs

The Communication

1. Confidential

2. Summary of the alleged fraud, waste or abuse

3. Request for response

4. Audit contract responsibility

5. Audit Standards

6. Fraud Reporting– GAS ICC– Schedule of cash shortages, thefts and fraud

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Confidentiality

Notification Referrals to Contract CPAs

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Notification Referrals to Contract CPAs

Confidentiality Issues

• Comptroller’s Fraud Hotline (1) toll-free telephone (2) electronic submissions– Protected by TCA 8-4-407– “The detailed information received and generated pursuant to this part shall be considered confidential

working papers of the comptroller of the treasury and is therefore not an open record pursuant to title 10, chapter 7. “

• Submissions in compliance with the Local Government Instances of Fraud Reporting Act– Protected by TCA 8-4-505– “The detailed information received and generated pursuant to this part shall be considered confidential

working papers of the comptroller of the treasury and is therefore not an open record pursuant to title 10, chapter 7.”

• All information and records received or generated by the comptroller of the treasury containing allegations of unlawful conduct of fraud, waste or abuse.

– Protected by TCA 10-7-504(a)(22)– “shall be treated as confidential and shall not be open for public inspection”

• Investigative Working Papers – including interagency communications, draft reports, schedules, notes, memoranda and all other reports related to an investigation.

– Protected by TCA 10-7-504(a)(22)– “shall be treated as confidential and shall not be open for public inspection”

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Summary of Alleged Fraud, Waste or Abuse

Notification Referrals to Contract CPAs

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Responsibility from the Uniform Contract to Audit

Accounts

Notification Referrals to Contract CPAs

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Notification Referrals to Contract CPAs

Paragraph 7 of the Uniform Contract to Audit Accounts:

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Request for Response …

Written Summary of Audit Conclusions

Notification Referrals to Contract CPAs

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Yellow BookGenerally Accepted Auditing Standards

Audit working papers should document that the allegations were appropriately addressed in accordance with applicable auditing standards.

Notification Referrals to Contract CPAs

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AU-C Section 240 of the U.S. Auditing Standards – AICPA (Clarified) – June 1, 2014 (Consideration of Fraud in a Financial Statement Audit)

Considerations Specific to Governmental Entities and Not-for-Profit Organizations§240.A8 The auditor of governmental entities and not-for-profit organizations may have additional responsibilities relating to fraud • as a result of being engaged to conduct an audit in accordance with law

or regulation applicable to governmental entities and not-for-profit organizations,

• because of a governmental audit organization's mandate, or • because of the need to comply with Government Auditing Standards. Consequently, the responsibilities of the auditor of governmental entities and not-for-profit organizations may not be limited to consideration of risks of material misstatement of the financial statements, but may also include a broader responsibility to consider risks of fraud.

Source: © 2015 Thomson Reuters/Tax & Accounting. All Rights Reserved.

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AU-C Section 240 of the U.S. Auditing Standards – AICPA (Clarified) – June 1, 2014 (Consideration of Fraud in a Financial Statement Audit)

§240.A77 – Appendix B – Example Possible Procedures

“Specific responses to the auditor's assessment of the risks of material misstatement due to fraud will vary depending upon the types or combinations of fraud risk factors or conditions identified, and the classes of transactions, account balances, disclosures, and assertions they may affect.”

. . . “Differing circumstances would necessarily dictate different responses. Ordinarily, the audit response to an assessed risk of material misstatement due to fraud relating to misappropriation of assets will be directed toward certain account balances and classes of transactions. . . . the scope of the work is to be linked to the specific information about the misappropriation risk that has been identified.”

Source: © 2015 Thomson Reuters/Tax & Accounting. All Rights Reserved.

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Fraud Reporting• GAS ICC• Schedule of Cash Shortages and Thefts

Notification Referrals to Contract CPAs

Yellow Book Options

Instances of fraud that “do not warrant the

attention of those charged with governance.”

(GAS 4.26)

Verbally

No Communication

Separate written communication to

management

Report on I/C & Compliance

Yellow BookAuditor’s determination of whether and how to

communicate such instances to entity

officials is a matter of professional judgment.

(GAS 4.26)

Other

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TN Audit Manual Impact

Instances of fraud that “do not warrant the

attention of those charged with governance.”

(GAS 4.26)

Verbally

No Communication

Separate written communication to

management

Report on I/C & Compliance

Yellow BookAuditor’s determination of whether and how to

communicate such instances to entity

officials is a matter of professional judgment.

(GAS 4.26)

Other

Schedule of Cash Shortages & Other Thefts(Audit Manual)

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AU-C Section 240 of the U.S. Auditing Standards – AICPA (Clarified) – June 1, 2014 (Consideration of Fraud in a Financial Statement Audit)

Considerations Specific to Governmental Entities and Not-for-Profit Organizations

AU-C 240.A74   For governmental entities and not-for-profit organizations, requirements for reporting fraud, whether or not discovered through the audit process, may be subject to specific provisions of the audit mandate or related law or regulation.

© 2014 Thomson Reuters/Tax & Accounting. All Rights Reserved. (Checkpoint)

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AU-C Section 450 of the U.S. Auditing Standards – AICPA (Clarified) – June 1, 2013

(Evaluation of Misstatements Identified During the Audit)

Considerations Specific to Governmental Entities

AU-C 450.A26   In the case of an audit of a governmental entity, the evaluation of whether a misstatement is material also may be affected by the auditor's responsibilities established by law or regulation to report specific matters, including, for example, fraud.

.A27   Furthermore, issues such as public interest, accountability, integrity, and ensuring effective legislative oversight, in particular, may affect the assessment of whether an item is material by virtue of its nature. This is particularly so for items that relate to compliance with law or regulation.

© 2014 Thomson Reuters/Tax & Accounting. All Rights Reserved. (Checkpoint)29

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