Fraud in procurement of medical equipment

Dr M, the Chief of Service of the Paediatric Department of a public hospital, asked David, the Department Operations Manager, to mark up the quotations of other companies so that he could secure the contract of the medical equipment to his girlfriend’s company.
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Fraud in procurement of medical equipment
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Dr M, the Chief of Service of the Paediatric Department of a public hospital, has the approving authority for purchases not exceeding $100,000. His girlfriend Phoebe is a sales manager of a large medical equipment company.

Recently, David, the Department Operations Manager, recommended a replacement of a medical equipment and the sourcing was in progress. As Dr M knew that Phoebe was being pressured by her boss to secure more business for the company, he offered to help her.  After going through the quotations obtained by David, Dr M found that the price quoted by Phoebe was not the lowest.  He thus asked David to mark up the quotations of other companies so that he could secure the contract of the medical equipment to Phoebe’s company.   In order to please Dr M, David agreed to the proposal.

Case Analysis

David would violate Section 9(3) of the Prevention of Bribery Ordinance for manipulating quotation breakdown to deceive his employer i.e. the Hospital Authority (HA).  Dr M, who instructed David to take part in the fictitious quotation plot might also be charged with an offence of conspiracy to defraud.

Dr M might face disciplinary action taken by the Medical Council of Hong Kong and his fitness to practise might be questioned.

At the same time, the HA would also take follow-up action against Dr M and David who might breach the HA’s code of conduct which requires the procurement of goods to be the best value for money in terms of price, quality, delivery time and service.

Also, Dr M should, as far as possible, avoid any actual and perceived conflict of interest. When a situation of conflict of interest cannot be avoided, he should as soon as possible declare all relevant details of such situation to his organisation, i.e. his relationship with the sales manager of the potential supplier.

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Fraudulent insurance claims

Dr J is a general practitioner in private practice. On one occasion, his friend Tony, an insurance agent, suggested to him a plan for earning quick money…
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Dr J is a general practitioner in private practice. On one occasion, his friend Tony, an insurance agent, suggested to him a plan for earning quick money. The Personal Accident Insurance Policy (PAI) offered by his company would provide insurance compensation for an injury caused by an accident resulting in death, permanent or temporary disability to an insured. All claims under the PAI had to be supported by a form issued and signed by a registered doctor in Hong Kong. Tony knew many construction workers and, as a first step, he would suggest to them to buy PAI policies from him. These individuals would make claims later, even though they just suffered from minor injuries. What Dr J could help was to exaggerate the seriousness of the injuries when filling in the worker's claim forms as the attendant doctor, thus resulting in higher compensation payments. The “profit” could then be split among all parties.

Case Analysis

Dr J, Tony and the construction workers would commit an offence of conspiracy to defraud by colluding in making bogus insurance claims to deceive Tony’s insurance company for personal gain.

Dr J might violate Section 26.3 of the Code of Professional Conduct (Oct 2022) issued by the Medical Council of Hong Kong for issuing documents containing untrue information.

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Common trade practice is not a defence

Andrew was the chief accountant of a large trading company. He discovered a number of fraudulent and corrupt activities involving senior sales representatives and their mainland clients and such activities were condoned by the senior management.
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Andrew was the chief accountant of a large trading company.  Due to keen competition, the business of the company deteriorated substantially.  To improve the situation, the company attempted to invest in the Mainland.

When reviewing the books and bank statements, Andrew found that there was evidence of fraudulent activities involving some sales representatives. Andrew discovered that there were no supporting documents for some cash payments claimed by the sales representatives.  When asked for explanations, the sales representatives replied that those expenses had been incurred for the purpose of building up new businesses in the Mainland.  They further explained that the offering of commission to agents of business clients was a common practice.  When consulting the Marketing Director who was a long serving staff of the company, Andrew was told that the expenses were approved by  the Marketing Director personally. 

With no choice, Andrew went to see the Vice-president.  The Vice-president pacified Andrew and told him that in real business life, the company had to tolerate some minor variations in order to get the job done.

Next day, a cheque was placed on Andrew’s desk and the phone rang.  It was the Marketing Director.  Andrew was asked to sign the cheque and was told that it would be deposited in a designated Hong Kong bank account belonging to a buyer of a firm in the Mainland.  The arrangement enabled the buyer to pay for his various expenses while on business in Hong Kong.  He further suggested that the sum could be paid by an overseas subsidiary of the company.

Although Andrew knew that the client was very important to the company, he suspected that the payment might be unlawful.

What should Andrew do?

Case Analysis

The sales representatives committed an offence under Section 9(3) of the Prevention of Bribery Ordinance (POBO) offence if they had submitted false documents i.e. claims of commissions or entertainment expenses to deceive their principal i.e. the company.   

Furthermore, the offering of illegal commissions to agents of business clients with a view to obtaining or securing business might constitute a bribery offence under the POBO.   Agents of clients should obtain permission from their principals, i.e. their employers, for accepting advantages or commissions in relation to their work.  As approval should be given by the principal of the acceptor not the offeror, the Managing Director’s approval on the expense payments would not be considered the principal’s approval in this case.  

Although the clients were located in the Mainland, if any part of the act of bribery (including offering, soliciting or accepting a bribe) takes place in Hong Kong, the case may still be pursued by the ICAC under the POBO.  In any case, customary trade practice could not be a defence in any proceeding for a bribery offence under the POBO.  

Andrew should bring the issues to the attention of the company management and avoid involve in any acts that might call his integrity and professionalism into question. He should take into account his own views on ethics and legality and offer advice to the management if there were better alternatives.  

If corruption involving senior management was suspected, and all his attempts to find legal and ethical alternatives were rejected, then Andrew should consider resigning from the company and refuse to carry out any illegal transactions. He should consider reporting corruption to the ICAC and other crimes to the police.

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False accounting

Mike was the voluntary auditor of the parent-teacher-association (PTA) of his son’s school. Considering his son’s academic and behavioural problems at school, Mike was hesitant to report the suspected fraud related to the school accounts…
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Mike, a certified public accountant, was the voluntary treasurer of the parent-teacher-association (PTA) of the private school which his son attended.  Though the PTA had an annual expenditure budget and raised substantial funds each year, no formal accounting reports had been made by the school.  The new PTA Chairman thought it was time to clarify the current financial position of the association and asked Mike for assistance.

When going through the accounting records, Mike discovered several red flags: the actual expenditures were inconsistent with the approved budget; the cash balance fluctuated without explanation; and the cash inflows from fund-raising events did not match with the accounting records.

Mike then approached the school secretary, who looked after the PTA’s accounts, for clarification.  However, the school secretary repeatedly gave vague and evasive responses. As Mike did not have access to the school’s accounts and lacked important information to determine the cause of the problems, he suspected that a fraud might be involved. Meanwhile, the school principal had recently indicated concerns on the academic performance and constant school behavioural problems of Mike’s son.

Mike was uncertain if he had any professional obligations as a voluntary treasurer in the PTA.  He was also worried whether reporting the suspected fraud would cause the school any trouble and affect his son’s interests in school. What should Mike do?   

Case Analysis

The school secretary might have committed an offence under Section 9(3) of the Prevention of Bribery Ordinance (POBO) if he had submitted false documents, i.e. false PTA accounting records, to deceive his principal, i.e. the school.     

Though being a voluntary treasurer, Mike still has professional obligations to the PTA.  Mike should bring the issue to the attention of the PTA or consider reporting the suspected fraud to the school or law enforcement authorities. He should also avoid involve in any acts that might call his integrity and professionalism into question. He must take into account his own views on ethics and legality and offer advice to the PTA if there were better alternatives.  

As a professional accountant serving as a volunteer, Mike should always observe the Code of Ethics of Professional Accountants and comply with the fundamental principles of integrity, objectivity, professional competence and due care and avoid any conflict of interest. 

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Manipulating accounting records to apply for bank loans

An owner of a toy manufacturing company was facing financial difficulties. He pleaded with the auditor to help manipulate the accounting records in order to obtain a large bank loan.
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ABC Co. Ltd. (ABC) manufactured a wide variety of toys and games for children.  Ben had been the auditor of ABC and befriended its owner, Dale, for years. They were good friends and both found their business relationship quite rewarding. The growth of ABC had given Ben opportunities to provide additional services to the firm and its owner.

Due to contractions of the toy industry, ABC was facing serious financial difficulties.  When auditing the accounts of ABC, Ben discovered the financial impact of the industry contraction on ABC.  Sales of ABC declined while receivables and inventory went up.  The audit also revealed material quantities of slow-moving stock which was confirmed by the marketing manager and production manager.

When Ben informed Dale of his findings, Dale replied that he intended to design and produce more creative toys to boost up the sales in order to save the company from bankruptcy. However, it required large capital outlays for manufacturing equipment.  Dale asked for Ben’s help to manipulate the accounting records, so that he could successfully apply for a large loan from the bank.  In return, Dale offered a luxury clubhouse membership to Ben as a token of thanks.

What major factors should Ben consider when handling Dale’s request?  What should Ben do? 

Case Analysis

Ben could consider the following major factors when handling Dale’s request:

Professional / Company code of conduct

The Hong Kong Institute of Chartered Public Accountants (HKICPA) requires a professional accountant to comply with relevant laws and regulations, and avoid any conduct that the professional accountant knows or should know might discredit the profession.  Also, a professional accountant needs to comply with the fundamental principles of integrity and objectivity as stipulated in the HKICPA’s Code of Ethics for Professional Accountants which requires an accountant to be straightforward and honest in all professional and business relationships and avoid any conflict of interest situations.   Meanwhile, Ben also needs to observe his company’s code of conduct governing the above behaviours.

Legal Requirements

Ben might violate the Section 9(1) of the Prevention of Bribery Ordinance (POBO) if he accepted the advantage (luxury clubhouse membership) offered by Dale for helping Dale to obtain the bank loan by manipulating ABC’s accounting records; whereas Dale might violate Section 9(2) of the POBO by offering bribes.

Uncompromising Self-values

Helping Dale to get a bank loan by manipulating ABC’s accounting records might undermine Ben’s self-values of honesty, integrity and responsibility to his accounting firm.

Sunshine Test

If Ben accepted Dale’s offer and helped him to get the bank loan, he would fail to disclose his decision and the situation openly and honestly without misgiving.

When facing the above situation, Ben should avoid involve in any acts that might call his integrity and professionalism into question. He must take into account his own views on ethics and legality and offer advice to Dale if there were better alternatives.  

Zero tolerance to attempted bribes

If Dale insisted on asking for Ben’s help to get the bank loan, Ben should decline the advantage offered by Dale and report the attempted bribe to his accounting firm and the ICAC as soon as possible.

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Conspiracy to defraud

Teddy, a clerk in a solicitor firm, was responsible for handling conveyancing documents. Due to financial pressure, Teddy was tempted by his friend to prepare fake documents to deceive the bank for mortgage loans.
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Teddy was a clerk employed by a solicitor firm and much trusted by his employer.  The firm’s major source of income was property conveyancing and Teddy was responsible for handling all the paper work of the property deals.  Teddy would get married soon but his fiancée wanted a grand wedding ceremony which put Teddy under a lot of financial pressure.  

One day, Teddy had dinner with his friend Barry who worked in a bank. Teddy talked to Barry about his financial worries.  Barry responded that perhaps they could work out something together for their benefits.  Barry suggested that he would submit some forged mortgage loan applications to his bank with the support of fake conveyancing documents with inflated property values prepared by Teddy.  Barry ensured Teddy that no questions would be asked by the bank.  After that, they could equally share the approved loans.  Teddy decided to take the risk and agreed to Barry’s plan.

Case Analysis

It would be an offence of Section 9 of the Prevention of Bribery Ordinance (POBO) if Teddy, as an employee of the law firm, without the approval of his employer, accepted the advantage (equal share of the mortgage loans) offered by Barry for assisting Barry to deceive the bank by preparing fake conveyancing documents. Barry might also violate the POBO for offering bribes. 

Moreover, Barry might also violate Section 9(3) of POBO for using false documents to deceive his principal (the bank) and Section 123 of the Banking Ordinance.  Both Barry and Terry might be liable for fraud and conspiracy to defraud.

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Covering up the past

A unit head, Antonio, of an architect firm was about to promote a good-performed employee, Sandy, to a key post. However, he accidentally discovered that Sandy’s academic qualifications and past portfolios were fake because of a sad story.
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Upon her return to Hong Kong after a few years in the States, Sandy worked in La Fonda, an architect firm.  She had her first degree in Hong Kong but left for the US with her boyfriend soon after graduation.  Her performance in the firm was brilliant and the portfolios she submitted were excellent.  When her senior Kelly resigned, her unit head Antonio considered recommending Sandy for promotion to take up Kelly’s post.  Sandy was full of hopes.

Antonio was about to nominate Sandy. One evening, he was talking to his cousin Gamma who just returned from a long stay in the States. Gamma had been doing a doctoral programme in Architecture in the University of Vermont. Antonio causally mentioned to Gamma that his prize staff, Sandy, also worked on a second degree at the University of Vermont too.  Antonio thought that Gamma and Sandy might have met in the University because their years of study coincided. But, to Antonio’s astonishment, Gamma could not recall a Chinese lady studying Architecture during his seven years’ stay at the University, particularly as he worked part-time in the Registrar’s Office.  If Sandy had studied there, Gamma would have remembered her.

Antonio was flabbergasted and determined to look into the matter. When he went back to the office the next day, he sent for Sandy at once.  He asked Sandy if the credentials she submitted to the firm were in order. Sandy guessed what he was getting at and blurted out the truth.   

It was a sad story.  Sandy was about to be married to her boyfriend in US when she found out that he was dating another girl who could help him to get US citizenship. He tore her heart into pieces. After a few years of living only on the money sent from home, Sandy finally decided to turn over a new leaf and went back to Hong Kong.  She built up a portfolio of her own work which was in fact copied from overseas designers and made up an academic and professional history for herself.  Then she landed the job at La Fonda.

Antonio did not know what to do.  Should he expose the fraudulent past of Sandy?  Was it his duty to make sure that the firm was not cheated? Would this destroy the career of Sandy who had been a star in the firm?

Sandy had promised to work hard if Antonio kept her secret for her. Could Antonio do that with a clear conscience?

Case Analysis

Sandy, who submitted forged academic certificates and false professional history, with the intention to deceive her employer, might have already committed fraud.

Antonio was facing an ethical dilemma that might put his personal values such as compassion, responsibility and honesty to challenge. On one hand, it seems right for him to keep the secret for Sandy in view of her good potential and the reasons behind her fraudulent act; but on the other hand, he had the responsibility to protect the interest of the company and report any staff misconduct or illegal behaviour.  In handling the situation, Antonio should identify the relevant facts and take stock of all stakeholders concerned. The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action for himself:

  1. Does his decision violate any professional, industry specific, or company code of conduct?
  2. Is his decision against the law?
  3. Does it correspond with his self-values such as honesty, fairness or compassion?
  4. Can he disclose the decision to others openly and honestly without misgivings?

The ETHICS PLUS ethical decision making model might be helpful for him in solving the dilemma.

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Defrauding job payments by false invoices

An engineer conspired with a sub-contractor to deceive payments of jobs which were not carried out by the sub-contractor.
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Using a number of false invoices, a company's lift maintenance engineer conspired with two maintenance supervisors and a sub-contractor to defraud his company by claiming that certain jobs were carried out by the sub-contractor whereas the jobs were actually done by the maintenance engineer's subordinates.  The offences came to light when one of the company’s workers who carried out the jobs suspected irregularities and reported to the ICAC.

Case Analysis

Other than committing a deception offence, the maintenance engineer breaches the Rules of Conduct of the Hong Kong Institution of Engineers, which require an engineer to treat his colleagues and co-workers fairly and to avoid abusing his authority.  Misusing his supervisory position for private gain, the maintenance engineer breaches the law and undermines the financial interest of his company.

Implementing proper controls on contracting procedures, carrying out frequent random supervisory checks and conducting regular communication with contractors and staff can help detect early symptoms of irregularities and prevent such malpractices from happening.  Encouraging staff to report malpractices to senior management or the compliance officer through proper channels of complaints will also be effective in stopping unscrupulous staff from committing a crime or malpractice.

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Falsifying attendance records

In order to facilitate the engineer’s monitoring of workers’ attendance and recording of their working hours, workers were required to punch an attendance card when reporting on and off duty every day in the Engineer’s office.

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In a construction project of a commercial complex valued over $500 million, the main contractor employed ten foremen to monitor the work of sub-contractors.  A site engineer of the company, who took charge of the foremen, was responsible for the overall supervision of the project.

The salaries of the foremen and other workers were calculated on a daily basis.  Each  of  them  was  required  to  punch  an  attendance  card  when reporting on and off duty every day.  The attendance cards and the punching machine were placed in the engineer’s office so that when the foremen and other staff  reported  on  or  off  duty, they  had  to  punch  the  cards  in  the engineer’s office.  The engineer was responsible for ascertaining that his subordinates personally punched the cards.  At the beginning of each month, the engineer was responsible for calculating the salaries of his subordinates based on their individual attendance records for the previous month.  His calculations and the punched cards were then sent to the Accounts Department of the company for processing salary payment.

As the family of one of the foremen, CHAN, was in the Chinese Mainland, CHAN would seek every opportunity to travel there to visit his family.  One day, CHAN went to see the engineer and requested for three days’ off.  CHAN, however, requested the engineer not to record his leave but instead punched the attendance card for him so as to show that he was working on the three days.  In return, CHAN offered the engineer $500 for assisting him in punching the attendance card and turning a blind eye to his absence.

The engineer turned down the offer and reported the matter to the ICAC.  Eventually, CHAN was convicted for offering a bribe to the engineer, contrary to Section 9 of the Prevention of Bribery Ordinance (POBO) and was sentenced to imprisonment.

Case Analysis

Case Analysis

The foreman, CHAN, offered an advantage to the engineer (i.e. an employee and hence agent of the construction company) as a reward for assisting him to falsify attendance records, contrary to Section 9(2) of the Prevention of Bribery Ordinance (Cap.201) (POBO). Irrespective of whether the engineer accepts or rejects the bribe, the act of offering (by CHAN) already constitutes a criminal offence.  Should the engineer have accepted the bribe, the engineer would have committed a corruption offence and be charged under Section 9(1) of the POBO.    In addition, regardless of whether the engineer accepted the bribe, if he assists CHAN in falsifying the attendance record, this would amount to an offence under Section 9(3) of the POBO.  This provision stipulates that it is an offence for an employee to use any false document, receipt or account to deceive his employer.  Improper ethical behaviour may also lead to the revocation or suspension of a professional registration with a professional body and as a result the engineer would be restricted/prohibited from practice.

 

Case in Perspective

The lack of supervisory control and reliance on a manual tracking system over localised staff attendance create opportunities for personnel to abuse delegated authority, engage in unauthorised absences, commit payroll fraud, or offer bribes to secure the collusion of checking officers.  To address this problem, the main contractor should establish a system to strengthen attendance tracking and staff administration by implementing the following control measures –

(a) Eliminate susceptible manual systems and implement a digital attendance management system (e.g. fingerprint or facial recognition);

(b) In the interim, supplement manual systems with CCTV to authenticate staff presence, deter impersonation and provide verifiable records of attendance; and

(c) Conduct surprise on-site spot checks and physical headcounts to verify real-time worker presence by supervisors and/or independent units. 

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Falsifying client's loan application

A relationship manager of a bank, without his client’s knowledge, forged documents to deceive the bank in approving an increase in the client’s credit limit and a new loan. He then transferred the money to an account he controlled.
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A relationship manager of a bank was responsible for managing portfolios of his corporate clients.  He noticed that one of his SME clients, Client A, had been lax checking his account statements.  Without Client A’s knowledge, the relationship manager took a series of malpractice in Client A’s account, for example, fraudulently applying for an increase of credit line, forging the client’s instruction to draw funds from the credit line and transferring the money from the client’s account to an account he controlled.  Later, Client A raised his doubts about the balance of the credit line, the relationship manager lied that it was caused by an error in the computer system. 

On another occasion, the relationship manager also forged a loan application under Client A’s name by using another client as guarantor and forged signatures.  He wanted to use the loan to settle the debit balance in Client A’s credit line to cover up his scam earlier.  During the credit approval and fund transfer process, the backend staff members had their doubts but only went to the relationship manager for clarifications.  The supervisor of the relationship manger also raised questions about the irregularities but he easily accepted the explanation given by his subordinate without follow-up. Later, with Client A’s persistent enquiries and complaints about the questionable credit balance to the bank supervisor, the scam by the relationship manager was finally exposed.

Case Analysis

Nearly all bank staff members who misuse customers’ funds believe that such action is only temporary and can be rectified shortly.  However, crime is committed once the funds are misused and such action cannot be ‘rectified’ even if the funds are ‘repaid’ before the crime comes into light. In this case study, the relationship manager (an agent) might have violated Section 9(3) of the Prevention of Bribery Ordinance (POBO) by using forged documents to deceive his bank (the principal) in approving an increase in Client A’s credit limit and Client A’s fraudulent new loan.  Also, the relationship manger could be liable for a series of other crimes including theft (transferring money from client’s account to his own), fraud and forgery.

From the perspectives of customer service, it may be desirable for a relationship manager to provide personal service and act as the bank’s single point of contact for important clients.  However, if all verification/clarification of questionable or doubtful transactions are routed through the relationship manager, it will undermine checks and balances and create opportunities for manipulations by unscrupulous relationship manager.

Moreover, banks should adopt good control practices to remind supervisors to stay vigilant to potential risk of corrupt practices and make thorough enquiries into any suspected irregularities.

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