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(Set up under license of Federal Government of Pakistan issued by Registrar Joint Stock Companies under the Societies Registration Act of XXI of 1860)
Newsletter
The Forensic Accountant (FA)
(Official organ of The Institute of Forensic Accountants of Pakistan (IFAP)
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Look Inside
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Articles Forensic Accountants Focus on Fraud, By: FA MBT Khalid - Secretary IFAP, 79 How to Conduct an Appropriate Fraud Investigation, By: FA Faheem-ul-Haq Khan - Member Executive Council IFAP, 910 President Communication, By: FA Barrister Sohail Nawaz - President IFAP, 46
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Corrupt Pakistani Politicians, World Capitals shy away from Prime Minister's Flood Fund, 1617
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Driving Profitability through Corporate Social Responsibility, 15
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Eight Tips to Prevent Employee Theft and Fraud 1. Create a positive work environment, 11 2. Implement Internal Controls, 11 3. Hire honest people, 11 4. Educate your employees, 12 5. Implement an anonymous reporting system, 12 6. Perform regular - and irregular - audits, 12 7. Investigate every incident, 12 8. Lead by example, 12
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Forensic Accountants Focus on Fraud Common Recurring Small-Rupee Fraud Schemes, 7 Compensation Schemes, 8 Expense Reimbursement Schemes, 8 Mischaracterized Expenses, 8 Overstated Expenses, 9 Payments to Employees, 8 Payments to Vendors, 7 Theft of Cash after It is Recorded, Fraudulent Disbursement Schemes, 7 Theft of Cash before It is Recorded, Skimming Schemes, 7 Forensic Accounting, Case Studies, 1819 Fraud in IFRS Environment, 1314
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How to Become a Corporate Investigator? 1213 How to Conduct an Appropriate Fraud Investigation, 9
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IFAP About IFAP, 52 Executive Council/Board of Governors, 53 IFAP News, 52
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News International News ACAMS News, 3940 ACCA News, 27 ACFE News, 3032 AICPA News, 2326 CIPFA News, 2729 FASB News, 2021 Financial Action Task Force News, 3639 Forensic & Valuation Reporter News, 3335 ICAEW News, 2627 ICAS News, 30 ICSA News, 29 IFAC News, 1820 IFRS News, 2123 The Institute of Money Laundering Prevention Officers News, 3536 PWC News, 33 National News FBR News, 42 Federal Tax Ombudsman Pakistan News, 48 IFAP News, 52 NAB News, 4546 SBP News, 4345 SECP News, 4042 Supreme Court News, 4852 Transparency International News, 4647
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The Case for Bribery, 1718
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What is involved in a Cyber Crime Investigation? 1415
President Communication
Dear Professional Colleagues,
It would be inappropriate if I do not thank the members of my profession for their constant and agreeable support. With your cooperation and support, we will write many success stories for the profession and its stakeholders. Let us bring lan vital to our profession. I assure all stakeholders of the profession that we would take stock of all tasks that have not yet begun, or, have been unfinished or in progress, and then we would bring them to conclusion with our organized cooperation and efforts. Past many a time gives us reasons to march ahead and, at times, asks us to stop, look back and evaluate, and then prepare to march ahead. The list of accomplishments should grow forever, and its impressions on policy, planning and implementation should show. The process of development of the Forensic Accounting Profession should continue. When I say our policy, planning and implementation, I am fundamentally talking about the socioeconomic and historical reality of our profession and its gradual empowerment. I am also talking about capacity building of small and medium practitioners of the profession in particular and about nation-building in general. It is an onerous task and I would like to take it up and continue our march to development. It is true that our Forensic Accounting Profession is at an enviable height. Number of members has increased and so has the number of Branches and overseas Chapters. Membership is in the process of getting consolidated and empowered. We have been a great help to our Government in contouring their accounting procedures. We have added to the infrastructure in the past and will continue to do so as we come across a need. Our initiatives have helped the Forensic Accounting Professionals in creating an efficient space where they would deliver and contribute to the growth of our nation as well as of the world. We have successfully reached our international stake-holder community through a number of MRAs and MOUs with various accounting and non accounting bodies. Almost all international accounting and non accounting bodies acknowledge today our role in the growth of Forensic Accounting Profession. We are at the helm in convergence of accounting standards while efficiently preserving our indigenous ones keeping in view the structure and process of our economy. In the background of these developments, I personally would like to concentrate our efforts to creating a unique IFAP brand that would be recognized and treated with respect all over the world, not just in our nation. We will work towards achieving this goal together. I have always believed in the power of togetherness: together, we achieve more. Togetherness is divine-it has the power to bring progress and success to our existence and endeavors respectively. World is full of people who dream and who say that we should act, but there have been very few who actually rise to the occasion and start to act. We need to take a lead, I feel, and move together in unison to substantiate our goals and realize our vision. If we fail or fall, we will start all over again with courage. Entrusted by the Council and committed to the maintenance of integrity and autonomy of my profession, I assure all our stakeholders-members, students and employees of the Institute on one hand, and society on the other- that we will accomplish all the goals together. In areas where we feel we have reached a standstill, we will explore and strive together to find out an opportunity to turn over a new leaf again. I would like to appeal and call upon my Council colleagues and the staff of the Institute: let us make our endeavors a great success. Our initiative to grow awareness about Forensic Accounting has not only helped the profession domestically by increasing number of students opting for Forensic Accounting (FA) education, but internationally too by creating space for
Pakistani academics and professionals from the field of Forensic Accounting. New buildings are getting ready to house the ever-increasing actions for associates and fellows of the profession. There is no doubt; corporate crime is on the conspicuous rise. According to newly launched KPMGs fraud barometer, more than $100 million worth of fraud has been passing through the courts every six months since January 2011. Ironically, the increase in these criminal cases has given rise to the popularity of Forensic Accounting. In the past, if you have only contemplated a career in Forensic Accounting, perhaps now is the time to take it into serious consideration as opportunities in this area of accountancy are growing at a rapid pace. According to Accounting Today, nearly 40 percent of the top 100 American accounting firms are expanding their forensics and fraud departments. Forensic Accounting remains the most challenging and sophisticated area in the financial sector. Although, the profession does not possess a formal definition, The Accountants Handbook of Fraud & Commercial Crime, describes forensic and investigative accounting as the application of financial skills and an investigative mentality to unresolved issues, conducted within the context of the rules of evidence. As a discipline, it encompasses financial expertise, fraud knowledge and, a strong understanding of business reality and the working of the legal system. Its development can be achieved usually through on-the-job training and experience with investigating officers and legal counsel. It is fair to say, that Forensic Accounting is all about the thrill of the hunting and discovering inaccuracies. Forensic Accountants (FAs) thrive on detecting fraud and criminal transactions in banks, corporate entity or from any other organizations financial records. However, Forensic Accountants (FAs) are distinguished from external auditors by the assumption that auditors look at the numbers and Forensic Accountants (FAs) look behind them. The role of Forensic Accountant (FA) requires an application of specialized knowledge and pre-eminent accuracy to stumble upon the evidence of economic transactions. Patience and analytical mindset are absolutely essential, as Forensic Accountants (FAs) need to question seemingly benign documents and look for inconsistencies. They take a more proactive, skeptical approach in examining the books, making no assumption of management integrity. However enigmatic the definition of a Forensic Accounting appears to be, the skills required to enter the profession are very specific. D. Larry Crumbley, KPMG Professor at Louisiana State University and an author and co-author of 12 forensic novels describes Forensic Accountant (FA) in a tasty yet accurate way:The characteristics of Forensic Accountants (FAs) are like a three-layer wedding cake. The larger bottom layer is a solid background in accounting. A smaller second layer is a deep background in investigative auditing. The smaller top layer is knowledge of certain legal concepts. The icing on the cake is to be proficient in written and oral communication. Of course, throughout the cake there is the need for a deep knowledge of computer techniques and interviewing skills, explains D.Crumbley. To be a Professional Forensic Accountant (FA), one needs to develop a sense of absolute discretion and be open to consider all alternatives, scrutinize the fine details and at the same time see the bigger picture.
International recruitment agency Michael Page recognizes the growing demand for Forensic Accountants (FAs) and distinguishes the most significant skills:The candidates to look out for are those with analytical prowess, an innately inquisitive nature, and a robust personality. Candidates who are fluent in more than one language are now preferred. As most UK forensic boutiques intend to build market share across West and Eastern Europe, they will pay a premium for such candidates, comments Michael Page. Forensic Accountants (FAs) utilize an understanding of business information and financial reporting systems, accounting and auditing standards and procedures, evidence gathering and investigative techniques, and litigation processes and procedures to perform their work. Forensic accountants are also increasingly playing more proactive risk reduction roles by designing and performing extended procedures as part of the statutory audit, acting as advisers to audit committees, fraud deterrence engagements, and assisting in investment analyst research. "While Forensic Accountants ("FAs") usually do not provide opinions, the work performed and reports issued will often provide answers to the how, where, what, why and who. The FAs have and are continuing to evolve in terms of utilizing technology to assist in engagements to identify anomalies and inconsistencies. It is important to remember that it is not the Forensic Accountants (FAs) that determine fraud, but instead the court." Forensic Accounting is investigation accounting which involves analyzing, testing, inquiring and examining the civil and criminal matters and finally giving an unbiased and true report. Just as forensic investigations and lab reports are needed in the court to solve the murder and dacoit mysteries, similarly forensic accounting plays a key role in tracing the financial frauds and white-collar crimes. However, forensic accounting covers a wide range of operations of which fraud examination is a small part where it is most prevalent. The future seems to be bright for Forensic Accountants (FAs) as online financial transactions are on an increase and due to countless cases of investors being duped of their money by various entities. Steps should be taken by government and IFAP to promulgate this niche accounting area thereby creating employment opportunities and fast redressal of crimes and frauds. However, no doubt, with the rapid increase in the cases involving misappropriation of funds, manipulation of books of accounts, banking fraud cases, Securities scams etc. involving complex financial transactions, the Forensic Accountants (FAs) and admissibility of their testimony needs to be elucidated and these would be determining factors for deciding the fate of these cases. The involvement of Forensic Accountant (FA) in financial fraud cases and his testimony will not only take these cases to logical conclusion but also will go a long way ahead to put a curb on these menace of white collar offences. Fraud and white collar crime have increased considerably over the last ten years, and professionals believe this trend is likely to continue. The cost to business and the public can only be estimated, as many crimes go unreported. However, the statistics we currently have show the astronomical values associated with fraud. Also, the expansion of computers into businesses may make organizations more vulnerable to fraud and abuse.
Payments to Vendors
The primary types of payment to vendor schemes are: false invoicing via fictitious vendors and false invoicing via vendors. A fictitious vendor scheme is made easily when the perpetrator has unsupervised authority to approve invoices. Most fictitious vendor
schemes involve the purchase of services, rather than goods, because intangible services are harder to verify. The perpetrator uses a fictitious company to purchase legitimate merchandise, and then resells the merchandise to his or her employer at an inflated price.
Payments to Employees
In the normal course of business operations, an entity makes payments to, or on behalf of employees for generally two bona fide reasons: compensation (salary, wages or commissions) and expense reimbursements. At issue with these types of payments are whether the amounts were paid (correctly calculated and commensurate with the salary/wage rate and number of hours worked); the propriety of the payments (payees actually employed by the entity and entitled to receive these payments); and the accurate characterization of the expense being submitted (expenses actually incurred in connection with the individuals employment and accurately presented).
Compensation Schemes
In compensation schemes the perpetrator may be an hourly employee boosting his or her hours in order to receive additional overtime pay, or a shift supervisor or payroll clerk collecting paychecks for ghost employees who were either terminated or never were employed by the company. In either case, funds are being disbursed in excess of the amounts that the payees are authorized to receive. In the case of the hourly employee, the fraud is committed through either time cards or a handwritten timesheet, which is forwarded to a supervisor or payroll clerk for review. Oftentimes the review is cursory at best, and the inflated hours are forwarded to payroll accounting. Alternatively, the hourly employee may be submitting accurate time records, and then altering them after they have been approved.
Mischaracterized Expenses
The majority of reimbursable expenses fall into the broad categories of travel, meals, entertainment or miscellaneous. While only business-related activities are reimbursable, dishonest employees frequently submit personal expenses for reimbursement. These relate primarily to restaurant meals, office supplies purchased for the employees personal use and entertainment expenses. In order to detect mischaracterized expenses, a detailed review of the submitted documentation is required. Scrutinizing dates, times and numbers of persons served and comparing these with a calendar and the employees explanation of the reimbursable activities should reveal fraudulent expense. For example, when the reimbursement is for
dinner with client during the week and the restaurant receipt shows a time stamp of one oclock in the afternoon on a Saturday, this is a mischaracterized expense.
Overstated Expenses
There are three ways to overstate expenses: overstating the actual costs incurred, submitting fictitious expenses and submitting the same expenses for reimbursement multiple times. While the financial impact of any of these methods may be immaterial in a single instance, the impact of multiple employees committing expense reimbursement fraud over many periods can become substantial.
Conclusion
Small rupee recurring frauds of one kind or another occur in almost every organization. Forensic Accountants (FAs) who routinely investigate these frauds are familiar with the various schemes to misappropriate funds. Many of these frauds can be avoided when management adopts the mindset that they will not allow fraud to occur. To be effective, fraud prevention must be an attitude that is communicated from the management, officers, board of directors to all employees. In addition, eliminating the opportunity for fraud to take place will significantly reduce the fraud losses that the organization experiences. This requires an awareness of the components of the entities control environment that creates the opportunity. Then, through diligence and with the assistance of trained professionals, the entity can identify those areas of control that can be strengthened economically.
Imagine that your company is being investigated for fraud. One of your employees is caught forging documents, or another is involved in grand money laundering scheme or "cooking" the financial reporting books. A team of forensic accounting and fraud investigators enters your workplace to conduct a review and investigation. If you found your company under investigation -- how would you handle it? If you are unsure, then you should know how IFAP's forensics specialists conduct a comprehensive fraud investigation. It is a carefully planned and thorough undertaking that has to be done right. A poorly executed investigation can make a delicate situation for your company much worse. Fraud takes on many forms. The Canadian Institute of Chartered Accountants (CICA) defines fraud as "an intentional act, by one or more individuals among management, other employees, those charged with governance or third parties, involving the use of deception to obtain an unjust or illegal advantage." These activities can include misappropriation of cash or inventory, fraudulent financial reporting and money laundering. In looking at these activities, IFAP's fraud investigators take a three-step approach in their investigation:-
Secure and collect all tangible and oral evidence in a manner consistent with the rules of evidence to ensure admissibility Analyze the evidence, and Present the evidence in an understandable manner in a venue of the client's choosing These stages normally involve using the technology of computer forensic analysis, data analytics and conducting interviews.
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the interviewee a suspect or just a lead? As well, the interviewer often takes into account body language and certain words and phrases which could indicate deception.
3. Hire honest people. Of course, this is the goal of every company, and is easier said than done. But if you have weak (or nonexistent) internal fraud controls, it's even more important to make sure your employees are honest. Dishonest employees will ignore your attempts to provide a positive work environment, and search for ways to defeat even the most comprehensive internal controls. Learn more about Ethics and People Management. Pre-employment background checks are an excellent way to cut down on hiring dishonest employees. A thorough pre-employment background check should include:-
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Criminal history for crimes involving violence, theft, and fraud; Civil history for lawsuits involving collections, restraining orders, and fraud; Driver's license check for numerous or serious violations; Education verification for degrees from accredited institutions; Employment verification of positions, length of employment, and reasons for leaving. 4. Educate your employees. You need to inform your employees about your policies and procedures related to fraud, the internal controls in place to prevent fraud, the organization's code of conduct and ethics policies, and how violations of these policies will be disciplined. Every employee should sign a form to verify receipt of this material. Employees should receive annual training on these topics and on the definition of what's considered fraudulent behavior, and sign an acknowledgement each time. Read more about Preventing Crime and Violence in the Workplace. 5. Implement an anonymous reporting system. Every organization should provide a confidential reporting system for employees, vendors, and customers to anonymously report any violations of policies and procedures. Promote and encourage the use of the reporting system whenever possible. 6. Perform regular - and irregular - audits. Every company should have regular assessments, but random, unannounced financial audits and fraud assessments can help identify new vulnerabilities, and measure the effectiveness of existing controls. It also lets employees know that fraud prevention is a high priority for the organization. 7. Investigate every incident. A thorough and prompt investigation of policy and procedure violations, allegations of fraud, or warning signs of fraud will give you the facts you need to make informed decisions and reduce losses. 8. Lead by example. Senior management and business owners set the example for the organization's employees. A cavalier attitude toward rules and regulations by management will soon be reflected in the attitude of employees. Every employee regardless of position - should be held accountable for their actions. Implementing these recommendations can dramatically reduce the opportunity for employee theft and protect the assets of your business. If you suspect fraudulent activity by an employee, seek professional assistance to conduct the investigation. Determine what's necessary to protect your business and prevent a reoccurrence.
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On the other hand, the external investigation activities include investigating criminal activities held outside the company like fake billing from suppliers or vendors. In all these cases, the Corporate Investigator makes an effective strategy, analyzes facts, interviews witnesses, and obtains the exact evidences. It should be kept in mind that sometimes, all these investigations can take huge amount of time to be completed. Nowadays, courses for professional investigator services are gaining huge popularity among the masses. There are several colleges and institutes, which provide the appropriate training to the interested candidates. Interested candidates can also opt for online courses, which available at different locations and the online courses, ideal for the professionals who already have experience in this field. All this training and knowledge can be advantageous for those who are planning to become Professional Investigators.
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Regardless of when or how we get there, it is expected that the United States will eventually join the more than 100 countries that have adopted International Financial Reporting Standards. The U.S. Securities and Exchange Commission's proposed Roadmap for the Potential Use of Financial Statements Prepared in Accordance with International Financial Reporting Standards by U.S.A Issuers, released to the public last November, outlines an adoption date for U.S. public companies of 2014, 2015 or 2016, depending on the size of the issuer. Financial reporting in the United States of America (USA) is being influenced by International Financial Reporting Standards (IFRS). IFRS reporting considerations are already impacting business decisions, and not simply through non-USA subsidiaries. The SEC is considering measures that could lead to retiring US GAAP and adopting IFRS in the USA. The effects of global reporting standards on USA companies will accelerate over the next few years, regardless of how the SEC proceeds. Understanding IFRS and its implications is a business imperative for USA companies. Take advantage of the resources that PwC has developed to increase your knowledge. The Journal of Accounting in its January 2009 Edition, included an interview with Schapiro When asked by committee Chairman Sen. Chris Dodd, D-Conn., about whether she would support certain actions that would help detect fraud such as the alleged Ponzi scheme run by Bernard L. Madoff Investment Securities LLC, Schapiro said she would move quickly to create a new process for handling tips and whistleblower complaints received by the agency. Schapiro said she would centralize the process under one point of contact and staff it to ensure intelligence received is properly examined and tracked. Schapiro also indicated that there may be a need to expand the authority of the PCAOB. Her comments related to a PCAOB announcement regarding the registration of all broker-dealers and whether the PCAOB has the authority to inspect such registered FFASs/CPAs if they do not audit issuers. In response to a question regarding IFRS, Schapiro said she has concerns with the SECs current road map for transitioning U.S. public companies to IFRS. I will take a big deep breath and look at this entire area again carefully and will not necessarily feel bound by the existing road map thats out for comment, Schapiro said. Schapiro highlighted her concerns about a lack of consistency in the application of IFRS, the cost for U.S. companies to switch to IFRS from U.S. GAAP and the independence of the International Accounting Standards Board, which she called her greatest concern about IFRS.
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Aside from financial and identity crimes, a cyber crime investigation may also target terrorist activities or child pornography activity that is carried out over the internet. Terrorists, as well as child pornographers, often use the anonymity of the internet to aid in the commission of their crimes. The internet also provides an endless supply of potential buyers of pornographic videos or photos for child pornographers. Much like traditional crimes that leave a paper trail, cyber crimes often lead a digital trail. The first place to look in a cyber crime investigation, then, is to follow the digital trail. All internet correspondence or transactions must have a point of origination. Finding where the communication or transaction originated is the job of the law enforcement officials who work in cyber crime investigation. Cyber crime investigation often requires investigators to sift through massive computer files trying to connect all the dots. Often, the suspect has attempted to delete incriminating files or communications. For this reason, information technology experts are frequently used to retrieve deleted files or communications from computers to ascertain what information the suspect was trying to hide. Once the information is located, a Forensic Accountant (FA) is often called upon to make sense of the information located when the crime is a financial crime. Cyber crimes such as fraud or embezzlement often entail very complex banking transactions that require an expert to understand and follow. A Forensic Accountant (FA) is someone who is trained to discover even the smallest inconsistency in financial records.
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percentage of its profits to charities and encourage customers, vendors, and partners to do the same. Businesses are now realizing, more than ever, that prioritizing social responsibility will drive profits and create a positive public image for the for-benefit organization. Many forbenefit companies use their commitment to social responsibility in order to distinguish themselves in the marketplace from organizations that seem to be self-serving and have no public value. For-benefit companies are businesses where consumers will prefer to shop, employees will want to work, and the community will embrace.
Corrupt Pakistani Politicians: World Capitals shy away from Prime Ministers flood fund
The international communitys no confidence in what is seen as one of the most corrupt governments in the countrys history is truly reflected in official statistic of foreign assistance for 2010 flood victims with Prime Ministers Relief Fund getting peanuts i.e. around US$ 21 million from world capitals. The foreign countries and donors instead preferred to depend on international agencies and non-governmental organizations to ensure that the money donated is properly utilized and is not corrupted by the government, which is rated by foreign agencies as one of the most corrupt regimes in the world. According to the official statistics the world capitals, with the exception of countries like Afghanistan and Algeria have shown little or no trust in the government of Pakistan to assist the more than 20 million flood affectees of 2010.
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Such is the credibility of the government that out of total US$697 million assistance that the world capitals have committed to spend through the Government of Pakistan, hardly US$21 million has so far been deposited in the PMs relief fund. Most of these countries even preferred to help in kind. The government figures as available on the Finance Ministrys official website and last updated on January 8, 2011, a total of US$3.042 billion foreign assistance for the flood affectees was committed. Out of this amount US$2.34 billion was committed to be spent through the United Nations or other international agencies and non-governmental organizations whereas the remaining US$696 million was committed to be spent through the Government of Pakistan. The total committed assistance includes a soft loan of US$243 million. Amongst the major donors, the US committed US$571 million but opted to spend all this amount through international agencies like USAID etc. Not even a single dollar was donated by Washington to PMs Relief Fund. Britain, which had pledged US$216 million, also did the same and did not contribute even a single penny to Gilanis account. The Turkish government committed US$53 million besides raising a total of US$142 million through a fundraiser. Turkey seems to have maximum faith in the prime minister as it contributed the most i.e. US$10 million to PMs Relief Fund. The Saudi government has committed US$100 million besides pledging US$23 million on behalf of Saudi Fund for Development and another US$242 million public fund relief raised from the people of Saudi Arabia. Out of this amount of US$365 million, only US$5 million was delivered through National Disaster Management Authority (NDMA). Japan committed a total of US$519 million but did not give any amount for the PMs Relief Fund. Iran too committed US$100 million but it too avoided to deposit any amount in the Prime Ministers Relief Fund. After Turkey, which contributed US$10 million to the PMs Relief Fund, the Asian Development Bank was a major contributor to the same fund with US$3 million contribution. Afghanistan gave US$2 million for the PMs Relief Fund and emerged as the third largest foreign contributor having faith in the governments fund. Other countries, which contributed to the PM fund include Algeria with US$1 million; Bhutan with US$0.10 million; Brunei with US$0.73 million; Indonesia US$1.7 million; Korean private sector companies US$0.94 million; Maldivian philanthropists US$0.27million; Morocco US$1 million etc.
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direction in terms of political transparency and honesty. Who to blame? A set of reasons is offered by analysts who claim that it isnt Pakistanis who enjoy corruption, it is their colonized history as slaves to a British empire that forces them to co-opt with their opposition and threat with a bucket load of cold cash. Historically and statistically speaking, the most active participants in corruption include more than four colossal sectors of Pakistan: police and law enforcement, judiciary and legal profession, power sector, tax and customs, health and education and land administration. Political patronage, conflicting interests, peddling of influence and other forms of demoralizing acts are added along with bribery in Pakistan.
Recent Scandals
According to a survey conducted by Gilani Research Foundation: (54%) of all Pakistanis are against public servants accepting bribes under any circumstances, 16% find it acceptable under compulsion. This proves how corruption has embedded its roots in our society and how people, depending on the situation, are willing to compromise on their principles. Recently a list of frauds and unpopular schemes snaked their way up in mainstream media including the Hajj Scandal, Mehran Bank Scandal in 1994, and other cases against former and current leaders of the Pakistani regime. This systematic and widespread moral decaying has crushed the judiciary as well; the majority of Pakistanis do not view Pakistans justice system above these petty issues. In fact, many citizens firmly believe that the justice system provides anything but justice. In order to curb bribery and other forms of immorality, the National Accountability Bureau was formed to carry out comprehensive tackling of such issues. This was, unfortunately, inhibited by the lack of political support and willingness coupled with the impotent involvement by the justice system. More dismay spread over the country when the National Reconciliation Ordinance of October 2007 granted blanket immunity for all corruption cases in the past. This provided a strong and impenetrable shield for political and official entities that were otherwise open to prosecution. For the past 50 years, political turbulence and insecurity have hovered over Pakistan for what seems to be an unlimited time. An interesting research conducted by the World Governance Indicator reveals that governance under military regime has shown slighter improvement compared to civilian regimes. Pakistani Anti-Corruption strategies have been adapted to cancel the effect of immorality in the state. An OECD website provides URLs to Pakistans corruption related government resources, legislation as well as links to international organizations active in anti-corruption and good governance in Pakistan. They are indeed worth checking out if you, as a citizen, want to know the dirty business of bribery in the land of pure.
International News
IFAC News (www.ifac.org)
IAASB Issues Enhanced Overarching Assurance Standard for Comment
The International Auditing and Assurance Standards Board (IAASB) today released for public comment proposed revised International Standard on Assurance Engagements (ISAE) 3000, Assurance Engagements Other Than Audits or Reviews of Historical Financial Information. Proposed ISAE 3000 is a principles-based standard that can be applied effectively to a broad range of assurance engagements. Such engagements may range from assurance on statements about the effectiveness of internal control, for example, to direct engagements such as performance or value for money audits, to possible future
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IPSASB Issues Exposure DraftKey Characteristics of the Public Sector with Potential Implications for Financial Reporting
The International Public Sector Accounting Standards Board (IPSASB) today released for comment an exposure draft (ED), Key Characteristics of the Public Sector with Potential Implications for Financial Reporting. The paper provides background on issues affecting the development of a conceptual framework for public sector entities and standard setting. In particular, it highlights that public sector entities are likely to depend upon taxation rather than commercially generated profits for their continued existenceand have governance arrangements that generally involve a legislative body holding an executive to account.
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Standards
Board
(FASB)
News
FASB Issues Accounting Standards Update to Improve Financial Reporting of Repurchase Agreements
The Financial Accounting Standards Board (FASB) today issued Accounting Standards Update (ASU) No. 2011-03, Transfers and Servicing (Topic 860): Reconsideration of Effective Control for Repurchase Agreements. The Update is intended to improve financial reporting of repurchase agreements (repos) and other agreements that both entitle and obligate a transferor to repurchase or redeem financial assets before their maturity. The Board revisited its standards on transfers and servicing to respond to concerns from financial statement users who felt the criteria for determining effective control for such transactions should be improved, stated FASB Chairman Leslie F. Seidman. The new guidance improves transparency by eliminating consideration of the transferors ability to fulfill its contractual rights and obligations from the criteria in determining effective control.
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noninvestment property assets held by investment property entities would be accounted for under other applicable U.S. GAAP.
FASB Issues Proposed Accounting Standards Update on Testing Goodwill for Impairment
The Financial Accounting Standards Board (FASB) today issued an Exposure Draft of a proposed Accounting Standards Update (Update) intended to simplify how an entity is required to test goodwill for impairment. Nonpublic companies have expressed concerns to the Board about the cost and complexity of performing the goodwill impairment test, states FASB member Daryl Buck. The proposals contained in this Update are intended to address those concerns and to simplify and improve the process for public and nonpublic entities alike.
IASB and FASB Report Substantial Progress towards Completion of Convergence Program
The International Accounting Standards Board (IASB) and the US-based Financial Accounting Standards Board (FASB) today published a progress report on their joint work to improve International Financial Reporting Standards (IFRSs) and US generally accepted accounting principles, and to bring about their convergence.
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the public interest oversight function of the IFRS Foundation, on 1 April 2011. The meeting was led by Tsuguoki (Aki) Fujinuma and Robert Glauber, Vice-Chairs and acting coChairs of the Trustees.
Joint Statement by the Monitoring Board and the Trustees of the IFRS Foundation
The Monitoring Board and the Trustees of the IFRS Foundation, following discussion at their fifth joint meeting on 1 April 2011 in London, reaffirmed their commitment to seeking close co-ordination in taking forward their respective efforts in reviewing the Foundations governance and strategy. The two bodies work together in their respective roles and responsibilities to promote the primary mission of the Foundation in setting high quality, globally accepted financial reporting standards.
IASB and FASB report substantial progress towards completion of convergence program
The International Accounting Standards Board (IASB) and the US-based Financial Accounting Standards Board (FASB) today published a progress report on their joint work to improve International Financial Reporting Standards (IFRSs) and US generally accepted accounting practices, and to bring about their convergence.
New Due Process Oversight Committee (DPOC) section of IFRS Foundation website
The Trustees' Due Process Oversight Committee (DPOC), which is responsible for approving due process and overseeing the IASBs compliance with due process, has introduced a new section of the IFRS Foundation website dedicated to its activities.
Interoperable Taxonomy Architecture Project publishes updated Global Filing Manual for XBRL
The Interoperable Taxonomy Architecture (ITA) Project has published an updated version of The Global Filing Manual. The Global Filing Manual was first published in October 2010, and it has been updated to include new rules that relate specifically to iXBRL (Inline XBRL). The Global Filing Manual contains a set of aligned XBRL (eXtensible Business Reporting Language) filing rules for global use. These rules provide guidance on the preparation, filing and validation of XBRL filings created using the IFRS (International Financial Reporting Standards) Taxonomy, the EDINET (Electronic Disclosure for Investors NETwork) Taxonomy and the U.S. GAAP Taxonomy.
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Interview with Sir David Tweedie and Leslie Seidman regarding the timeline for completing the convergence program
In this recording (mp3 file,10.45 minutes) Sir David Tweedie, Chairman of the IASB, and Leslie Seidman, Chairman of the FASB, review the achievements of the convergence program so far, and the timeline for completing the remaining elements of the program.
Three new draft Questions & Answers on the IFRS for SMEs posted
The SME Implementation Group, responsible for assisting the IASB on matters related to the implementation of the IFRS for SMEs, published today for public comment three more questions and answer documents (Q&As) on the IFRS for SMEs. The new Q&As cover the following topics: Captive insurance subsidiaries Interpretation of traded in a public market Investment funds with only a few participants
IFRS Foundation publishes illustrative examples in XBRL for the IFRS Taxonomy 2011
In order to help preparers understand how to apply XBRL (eXtensible Business Reporting Language) to IFRS (International Financial Reporting Standards) financial statements, the IFRS Foundation has published a set of 12 illustrative examples in XBRL for the IFRS Taxonomy 2011. These examples illustrate how the IFRS Taxonomy 2011 should be used to tag IFRS financial statements (including notes) in XBRL, and in accordance with the XBRL architecture outlined in The IFRS Taxonomy 2011 Guide and The Global Filing Manual. The examples are intended to help preparers understand how to apply the taxonomy to create instance documents and entity-specific extensions using both block tagging and detailed tagging, and also XBRL and Inline XBRL.
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AICPA Survey: 23 Million Americans Bought From Online Deal Sites in Past Year
In the past year, 23 million Americans 10 percent of the adult population purchased a coupon from an online site such as Groupon or Living Social, according to a survey conducted for the American Institute of Certified Public Accountants by Harris Interactive, reflecting a burgeoning deal culture that requires consumers to keep a sharp focus on their financial priorities. The coupons were used equally for items needed, 49 percent, and wanted, 48 percent, according to the survey conducted by telephone among 1,005 U.S. adults between March 23 and March 27 in recognition of Financial Literacy Month in April. But there was disparity between the sexes. More than half of men, 53 percent, said they bought coupons for products or services they wanted, while an equal percentage of women got coupons for items they needed.
Anticipated Increase in Mergers and Acquisitions Activity in 2011 to Spotlight Accounting Guidance
Recently effective guidance on accounting for mergers and acquisitions is among the updates included in this years edition of The American Institute of Certified Public Accountants Accounting Trends & Techniques. The professional reference helps preparers, management accountants and auditors incorporate new and existing accounting and reporting guidance into financial statements, and helps investors analyze them. M&A activity in 2010 rose to levels we hadnt seen in years and this trend has heightened the need for good tools to perform financial statement analysis, said Arleen Thomas, AICPA senior vice president for member competency and development. The new edition of Accounting Trends & Techniques is a powerful resource for anyone who needs to understand financial statement reporting at a deep level.
AICPA Writes House Judiciary Committee Chairman in Support of Patent Reform Bill; Includes Provision to Stop Tax Strategy Patents
The American Institute of Certified Public Accountants today wrote House Judiciary Committee Chairman Lamar Smith in support of comprehensive patent reform legislation, H.R. 1249, and thanked Chairman Smith for including language in the bill that
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would stop tax strategy patents. AICPA President and CEO Barry Melancon said, I commend you for your steadfast leadership in addressing the problem of tax strategy patentsThere is enormously broad and bipartisan support for resolving this threat to taxpayers and their advisers, and the AICPA believes that this provision is an essential component of patent reform legislation. I thank you for making this a priority in the legislation.
Americans and their Families Need Simpler Tax Laws, AICPA Tells Congress
Revamp Americas incomprehensible tax laws, the American Institute of Certified Public Accountants told the tax writing panel of the House of Representatives today. Individual taxpayers and their families need simple tax laws so they can understand the rules and follow them correctly in a cost-efficient manner, Annette Nellen, chair of the AICPA Individual Income Taxation Technical Resource Panel, said at a House Ways and Means Committee hearing.
AICPA Survey: Four in Ten Working Americans Say they will never Afford Retirement
Almost 40 percent of working Americans say they will never afford retirement, which, for the second year in a row, ranks as the nations most important financial concern, according to a telephone survey conducted for the American Institute of Certified Public Accountants by Harris Interactive. More than half of working adults, 55 percent, say they dont know how much they need to save to retire, according to the survey. Many who think they know are likely off in their projections. Asked to estimate how much they needed to retire at age 65 and live for 20 years, those earning $50,000 to $75,000 annually said $250,000, at the median. Assuming inflation and annual expenses of $50,000, that amount of savings likely would run out in less than 10 years.
AICPA Insiders Awarded Best Association Online Newsletter by the Web Marketing Association
The AICPA Insiders received the Internet Advertising Competition award for Best Associations Online Newsletter campaign. This award recognized the recent redesign and enhancements to graphics and content which resulted in a substantially improved reader experience. The Internet Advertising Competition awards were created by the
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Web Marketing Association in 1999 to recognize excellence in online advertising. They are open to all organizations and individuals involved in the process of developing all forms of Internet advertising. Entries are judged on a number of factors, including creativity, innovation, design and memorability.
Statement from AICPA President and CEO Barry Melancon Applauding Repeal of Section 1099 Reporting Requirements by Congress
The following is a statement by AICPA President and CEO Barry Melancon congratulating Congress on its April 5 repeal of information reporting requirements placed on businesses and rental property owners. Todays overwhelming vote by the Senate to repeal onerous information reporting requirements is a victory for taxpayers. The AICPA had advocated strongly for the repeal of these reporting requirements because the increased burden on taxpayers and the time consuming process the IRS would have to use to reconcile millions of forms is too costly. We urge the President to quickly sign the repeal legislation into law.
AICPA Survey: Rising Gas, Food Prices Blunt Gains from Economic Recovery
Rising fuel and food prices are blunting gains from the economic recovery, hurting Americans ability to save and weighing on consumer sentiment, according to a survey conducted for the American Institute of Certified Public Accountants by Harris Interactive. The national phone survey of 1,005 adults was conducted March 23-27 in advance of Financial Literacy Month in April.
AICPA FinREC Comments to FASB on 'Accounting for Financial Instruments and Revisions to the Accounting for Derivatives Instruments and Hedging ActivitiesImpairment'
The American Institute of Certified Public Accountants Financial Reporting Executive Committee submitted a comment letter, dated March 30, 2011, to the Financial Accounting Standards Boards on its supplementary document, Accounting for Financial Instruments and Revisions to the Accounting for Derivatives Instruments and Hedging Activities-Impairment.
AICPA Comment Letter to the International Financial Reporting Standards Foundation's Monitoring Board
Today, the American Institute of Certified Public Accountants sent a comment letter to the International Financial Reporting Standards Foundations Monitoring Board regarding its Feb. 7, Consultative Report on the Review of the IFRS Governance.The Institute generally supports the report. However, it made the below commentary, urging the SEC to continue its efforts to find a way to help fund the IASB and asking the monitoring board to be mindful of the need for independence of the IASB in both fact and appearance.
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New help at hand for the public sector in managing their staffing resources
Public services seeking to strengthen their finance and human resources (HR) staffing capacity are set to benefit from a new service from The Chartered Institute of Public Finance & Accountancy (CIPFA). Launched today, CIPFA Recruitment Services is a new full-service recruitment business. Already an established interim financial recruiter, the new business will supply permanent finance staff at all levels, together with interim HR professionals. Utilizing the Institutes existing countrywide presence, CIPFA Recruitment Services will provide nationwide coverage. Offering support at every stage of the recruitment process, key features of the new permanent division include campaign management, search and selection, bespoke assessments, career development and coaching.
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Freedom from national targets presents an opportunity for the public sector
Public sector organizations should exploit the rolling back of national targets to create performance measurement systems that suit them, argues new guidance from CIPFA. In The Performance Pulse, managers in public services are offered the latest thinking on how to design Performance Management System (PMS) specific to their organizations strategic aims. The guidance also outlines the benefits an effective PMS can provide to organizations such as improvements in decision making, and reductions in waste. According to the guidance, organizations wishing to remain effective need to safeguard three core elements:Solid performance management regimes Stable governance and accountability Sound financial management and control.
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Seamus Gillen, ICSAs Policy Director commented: This is great news for the RNLI. The public wants to trust the charities to whom theyre donating their money. The research proves that charities with a good reputation benefit from higher levels of public support. This is critical in the current economic climate where charities need to maintain their income.
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Fraud Detection
The frauds lasted a median of 18 months before being detected. Occupational frauds are much more likely to be detected by tip than by any other means. This finding has been consistent since 2002 when we began tracking data on fraud detection methods. Anti-fraud controls appear to help reduce the cost and duration of occupational fraud schemes. We looked at the effect of 15 common controls on the median loss and duration of the frauds. Victim organizations that had these controls in place had significantly lower losses and time-to-detection than those organizations without the controls.
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Perpetrators of Fraud
High-level perpetrators cause the greatest damage to their organizations. Frauds committed by owners/executives were more than three times as costly as frauds committed by managers, and more than nine times as costly as employee frauds. Executive-level frauds also took much longer to detect. More than 80% of the frauds in our study were committed by individuals in one of six departments: accounting, operations, sales, executive/upper management, customer service or purchasing. More than 85% of fraudsters in our study had never been previously charged or convicted for a fraud-related offense. This finding is consistent with our prior studies. Fraud perpetrators often display warning signs that they are engaging in illicit activity. The most common behavioral red flags displayed by the perpetrators in our study were living beyond their means (43% of cases) and experiencing financial difficulties (36% of cases).
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prevent and detect the specific fraud schemes that pose the greatest risks to their businesses. Internal controls alone are insufficient to fully prevent occupational fraud. Though it is important for organizations to have strategic and effective anti-fraud controls in place, internal controls will not prevent all fraud from occurring, nor will they detect most fraud once it begins. Fraudsters exhibit behavioral warning signs of their misdeeds. These red flags such as living beyond ones means or exhibiting control issues will not be identified by traditional controls. Auditors and employees alike should be trained to recognize the common behavioral signs that a fraud is occurring and encouraged not to ignore such red flags, as they might be the key to detecting or deterring a fraud. Given the high costs of occupational fraud, effective fraud prevention measures are critical. Organizations should implement a fraud prevention checklist similar to that on page 80 of the Report in order to help eliminate fraud before it occurs.
Venture capital investment dollars increase modestly while number of deals declines in Q1 2011
Venture capitalists invested $5.9 billion in 736 deals in the first quarter of 2011, according to the MoneyTree Report from PricewaterhouseCoopers LLP (PwC) and the National Venture Capital Association (NVCA), based on data provided by Thomson Reuters. Quarterly investment activity increased 5% in terms of dollars but fell 11% in number of deals compared to the fourth quarter of 2010 when $5.6 billion was invested in 827 deals.
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(Valuation Corner)
Reasons that patents might not boost a company's valuation
Appraisers might want to be skeptical when valuing a company's patents, this article suggests. The cost of defending patent rights and uncertainty over litigation can undermine a patent's value. Moreover, having a patent doesn't guarantee that a technology is viable or that it will generate significant revenue. Age and revenue potential help shape patent value: Valuing a patent can be an uncertain task, but there are factors that can help determine its worth, this article explains. They include a patent's litigation history, inventors and potential for generating revenue and sales. Data also show that patents sold in midsize portfolios likely garner a higher value. 6 factors that can increase a patent's value: Corporate competition is only one factor that can drive up a patent's value. Buyers might pay a higher price for patents from widely known inventors or technology that is ready for market.
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Appraisers should consider whether a patent would help the acquirer secure financing or lower its cost of doing business.
The Institute of Money Laundering Prevention Officers (www.imlpo.com) (Latest AML & Financial Crime News)
India announces committee to oversee money laundering investigations
The Indian central government told the Supreme Court on Monday that it has set up a multi-disciplinary committee, comprising top officials of different departments, to oversee and co-ordinate investigations into cases of money laundering and stashing black money in tax havens. More on the Economic Times website here.
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The Netherlands is susceptible to money laundering because of its large financial centre, openness to trade and the size of criminal proceeds, according to the FATF's latest report. More on the Wall Street Journal website here, including a link to the FATF report itself.
SFO will use money laundering legislation to prosecute companies for bribery & corruption
The Serious Fraud Office has said that it will increasingly make use of the money laundering regulations to prosecute rogue directors whose companies persist in bribery and corruption. Richard Alderman, director of the SFO, told Complinet that the UK's antimoney laundering regime was a "tough" system that had some "fierce" offences and he would not hesitate to use its powers to prosecute offenders. More on Trust Law here.
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over 1050 fictitious taxpayers on the Income Tax Self Assessment system. They then swindled tax repayments using more than 200 false bank accounts to steal 3.2 million between January 2008 and September 2010. More on Finextra here.
Key findings
Indicators suggest that the Netherlands is susceptible to ML, including because of its large financial center, openness to trade and the size of criminal proceeds. There is a terrorism and TF risk but it appears limited based on available information. The Netherlands have criminalized ML fully in line with the requirements under the Vienna and Palermo Conventions. The Netherlands have a long-standing FIU which is one the founding members of the Egmont Group and enjoys high trust for its professionalism, both domestically and internationally. Financial investigations have been pursued through aggressive and effective approaches, as shown by the relatively high number of prosecutions for ML or ML and other offences. The Netherlands have a long-standing system of preventive measures and while the legal framework is modern and comprehensive for both financial and nonfinancial institutions, it falls short of the international standard in some areas, such as in the case of the verification of beneficial owners and simplified due diligence. Supervision of AML/CFT obligations is based on broadly comprehensive powers and is well regarded by most sections of the regulated financial sector but some gaps in the legal framework need to be filled. The AML/CFT Law has to be amended to improve the reporting regime, including by requiring that suspicious transactions are reported promptly. The Criminal Procedure Code (CPC) should be revised to enable the Netherlands to grant any foreign country assistance in searching and seizing evidence in ML cases, and to make ML an extraditable offense, regardless of the predicate offense involved.
Key Findings
This was the FATF's third mutual evaluation of France. The implementation of the transposition into French law of the Third European Directive, 2005/60/EC, on the
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prevention of the use of the financial system for the purpose of money laundering and terrorist financing by the Ordinance No. 2009-104 of 30 January 2009 and the subsequent implementing decrees are the latest step in strengthening its preventive regime. Among some of the main new measures introduced in 2009 include: (1) increasing the number of sectors covered by AML/CFT provisions to include in particular domiciliation companies ; (2) submitting all covered institutions/professions to an AML/CFT oversight and sanction system; (3) adopting a risk-based approach to due diligence measures; (4) extending the obligation to report suspicious transactions to all offences under ordinary law, including tax fraud, and increasing the powers of the financial intelligence unit (Tracfin); (5) introducing a licensing system for the money changing profession to replace the previous simple registration requirement and (6) broadening the prohibition from making payments in cash. In addition to the creation of an AML/CFT advisory committee, which is intended to strengthen the co-ordination of the effort of the relevant state authorities and the supervisors of the institutions/professions covered by AML/CFT obligations, one major recent institutional innovation (March 2010) has been the grouping of the licensing and supervision responsibilities regarding banks, payment institutions, investment firm (with the exception of portfolio-management firms) and money changers together with insurance companies, mutual insurance, provident insurance institutions under one independent government agency called the Prudential Supervision Authority (Autorit de contrle prudentiel ACP). Ordinance No. 2009-104 of 30 January 2009 and its implementing decrees revised and supplemented customer due diligence obligations. These new obligations, which apply to both financial institutions and non-financial professions, together with record-keeping and suspicious transaction reporting (STR) obligations, are very comprehensive and largely compliant with FATF requirements. The level of compliance of non-financial professions with their AML/CFT obligations, however, is not completely satisfactory. The authorities will therefore need to make a considerable effort in this area. The French prudential supervision authorities have sufficient powers to carry out their inspections (whether specifically AML/CFT-related or not) and exercise them conscientiously. The oversight system revolves around coordinated use of ongoing off-site inspections and on-site inspections to make the supervisory system effective and efficient. In addition, all relevant authorities have the power to take sanctions in AML/CFT matters, and they have, in most cases, made effective, proportionate and dissuasive use of them. In terms of the number of convictions, fraud and drug trafficking are the most common predicate offences for money laundering in France. The money laundering offence, which is largely in compliance with international law, is being progressively appropriated into case law and by the Cour de cassation. The assessors noted as well that France introduced in 2005 the offence of nonjustification of resources which enables laundering by association (blanchiment de proximit) to be targeted in that the offence aims to penalize individuals for whom the evidence of participation in an act of money laundering cannot be proven even though circumstantial elements appear to show the contrary. Despite a continuous increase in the number of convictions for money laundering, the assessors observed quite a strong tendency among courts to prosecute on the charge of the predicate offence. They thus recommend enhancing the judicial resources made available for investigations and, more generally, for law enforcement measures against economic and financial crime. France has a very comprehensive array of legal tools for criminalizing terrorist
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financing; likewise, law enforcement authorities have the investigative techniques and powers for combating terrorist financing and money laundering, which are compliance with FATF requirements. France is able to offer extensive mutual legal assistance for investigations and prosecutions relating to money laundering and terrorist financing. Available measures relating to extradition are also satisfactory, even if the lack of adequate statistics makes it very difficult to determine exactly how effective the current system is. This mutual evaluation of France considered the matter of the local government authorities (collectivits territoriales) located overseas to determine their role and contribution regarding the country's AML/CFT policy. It is important to note that despite their differences in status, these territories are an integral part of the French Republic and, as such, are governed by the same AML/CFT rules as those in force in metropolitan France (apart from a few highly specific sector-based or geographical characteristics referred to in the report ). The report therefore focuses mainly on how the AML/CFT standard is implemented in these territories and on how effective it is, taking into account the financial weight that these territories represent. The assessment team particularly targeted some of these regions because of their exposure to certain risks relating to AML/CFT and other phenomena that lead to crime. This detailed analysis shows that while the strong financial connection with metropolitan France facilitates the implementation of AML/CFT legislation in these territories, it is also true that the geographical remoteness of these territories lessens the impact of the authorities communication and awareness efforts regarding the covered professions. Although the legislation in force is, apart from a few minor exceptions, the same throughout France, the assessors highlighted in the report several situations that raise doubts as to how effectively AML/CFT measures are implemented in overseas France. Thus, there remain serious doubts as to the full implementation of the STR obligation in certain territories situated overseas (this point applies to both the financial and non financial professions). In this regard, it should be noted that no resources or almost none are devoted by Tracfin in territories located overseas to dialogue and exchanges and, more particularly to awareness raising on STR obligations among covered professions. At the level of AML/CFT compliance inspections for financial professionals, the evaluation report notes the virtual absence of on-site inspections by the AMF in these territories and the necessity for the ACP to increase its inspection activity. Regarding the nonfinancial professions, the assessors learned through interviews with a sampling of professions carrying out such activity overseas that they are confronting significant challenges in implementing their AML/CFT obligations, in particular when they do not have a professional organization in a position to guide and assist them in their efforts in this area. The absence of government authorities clearly identified for dealing with AML/CFT matters in these territories is especially viewed as a difficulty. French authorities should rectify these shortcomings and, more broadly, improve knowledge of the risks of money laundering and terrorist financing in every region of the country.
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Certified Anti-Money Laundering Specialist (CAMS) credential the most respected certification in the industry. The mission of ACAMS is to advance the professional knowledge, skills and experience of those dedicated to the detection and prevention of money laundering around the world, and to promote the development and implementation of sound anti-money laundering policies and procedures. ACAMS achieves its mission through:Promoting international standards for the detection and prevention of money laundering and terrorist financing, Educating professionals in private and government organizations about these standards and the strategies and practices required to meet them, Certifying the achievements of its members, and Providing networking platforms through which AML/CTF professionals collaborate with their peers throughout the world.
From:Banking Government Securities Broker/Dealers Money Services Businesses Insurance Companies Accounting and Law Firms Gaming Organizations Credit, Debit & Pre-Paid Card Companies Real Estate Agencies Jewelry and Precious Metals Dealers
National News
SECP News (www.secp.gov.pk)
SECP granted licenses to 25 non-profit associations in four months
The Securities and Exchange Commission of Pakistan (SECP) granted licenses to 25 nonprofit associations under Section 42 of the Companies Ordinance, 1984, from January to April as compared to 16 licenses issued in corresponding period of previous year. The sector-wise breakdown shows that 8 associations will be working in the social services sector, 7 in education, 6 in healthcare, 2 in charity and one each in the arts and science.
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Publication of Performance of Pension Funds Set Up under Voluntary Pension System Rules, 2005 (For the Period Ended December 31, 2010)
This is a publication by SECP under the requirement of rule 41 of the VPS Rules, 2005. It is highly suggested to individuals interested in enrolment to VPS, to read provisions of offering document of a pension fund to make an informed contribution decisions.
SECP has become the first Pakistani regulatory organization to win ISO/IEC 27001: 2005 Certification
The Securities and Exchange Commission of Pakistan has become the first Pakistani regulatory organization to win ISO/IEC 27001: 2005 certification. It has been earned by Information Systems and Technology (IS&T) Division. Ghulam Haider, CEO of M/S Direct Assessment Services (DAS) Pakistan presented the certification to the SECP chairman on Thursday. It is top international standard for evaluating information security management systems.
Management by Objectives - SECP sets the pace for the Way Forward
The Securities and Exchange Commission of Pakistan (SECP) organized a three-day offsite program to frame its three year Strategic Objectives, set annual targets for the year 2011-12 for the Commission and every department, outline values and competencies and revisit its vision and mission statements. The theme for the way forward agreed by the senior management of SECP will be: accountability, teamwork, target driven approach and to lead by example.
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reflected in these figures. Nonetheless the attained collection shows a growth of 13.5% over the last year. It may be noted that these collections are provisional and subject to final reconciliation with AGPR and the Banks by mid April, 2011. As per historical trend, additional revenues are accounted to the government treasury as a result of the reconciliation. FBR therefore, expects to meet its monthly as well as the 9 months target as a result of the reconciliation exercise.
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the Government of Pakistan and Asian Development Bank (ADB) sponsored Improving Access to Financial Service Fund (IAFSF) to promote financial literacy initiatives in Pakistan. The program has been approved after a thorough review by the IAFSF Committee with representation from SBP, Pakistan Banks Association, Pakistan Poverty Alleviation Fund, Pakistan Microfinance Network, ADB and broader stakeholder consultations.
Majority of banks in Pakistan to meet Basel-III requirements comfortably: Mr. Yaseen Anwar
Mr. Yaseen Anwar, Deputy Governor, State Bank of Pakistan has expressed the hope that the majority of banks operating in the country will comfortably meet the new capital requirements as well as the liquidity standards of Basel-III. However, SBP will continue to work with those banks that may face some problem in achieving the standard promptly, he added. Inaugurating a three-day SAARCFINANCE Regional Seminar on Basel-III and Policy Response in SAARC Countries at the National Institute of Banking and Finance (NIBAF), Islamabad today, he said that the banking sector of Pakistan enjoys a healthy capital adequacy ratio of 14% (aggregate) because of our highly focused and strict banking supervision policies and oversight. This is a remarkable achievement given the fact that for the last two years the sector has faced a sluggish economic environment and a marked rise in overdue loans, he said adding, it now appears that most banks have sufficient capital buffers to manage moderate shocks in credit and market risks. Over the years, our banking sector has witnessed a significant change from a wholly government owned structure to the majority being privately owned, he said and added that this shift was one of the main factors which led to improved performance of the overall banking sector, which is evident in increased Return on Assets (ROA) and Return on Equity (ROE) of the banking industry here, and the high growth in banking assets. Moreover, we opened up our banking industry to foreign investors which provided benefits such as new sources of capital, funding, know-how and competition, he said. As such, this has helped the domestic banks to compete with foreign banks who possessed well established systems & controls, thus improving the overall soundness of the total banking sector and promoting competitive environment, he added. The SBP Deputy Governor said that we implemented the Basel II capital accord in 2008. It helped in enhancing the quality of risk management by tying regulatory capital more closely to institutions' underlying risks and by requiring strong internal systems for evaluating credit and other risks, he observed. He said that under Pillar I, we have adopted simple approaches and we feel that in the area of advances, our banks still have a lot to do to improve the IT systems and data capturing requirement. SBP has also addressed Pillars II and III. It has provided guidance on ICAAP (Internal Capital Adequacy Assessment Plan) to facilitate Pillar II (Supervisory review process) implementation in banks. Regarding Pillar III (market disclosure) banks disclosure requirement through published financial statements and other regulatory reports have been much expanded and thus strengthened over the years, he affirmed. Mr. Anwar said that in the broad area of Risk Management, which ultimately feeds into the Basel implementation, SBP has put in place detailed guidelines for banks, namely on Risk Management (issued in 2003) Internal Control (2004), Country Risk (2004) General Policy Framework (2007) and Stress Testing (2005). In addition, we issued guidelines on Internal Credit Rating System (2007) and by September 2010, 90% of corporate borrowers were internally rated by banks, he added.
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This has gradually started improving the risk management practices at all banks under our oversight and will also help the banks which would opt for advance approaches in future, he said and added: we have constantly been refining our regulatory and supervisory oversight through set of prudential regulations and other related instructions. For example, stress testing guidelines have been revised extensively and would be implemented in forthcoming months. This is in line with Basel III framework which provides for a bigger role for stress testing in the determination of capital buffers under Pillar 2, he added. The SBP Deputy Governor said that keeping in view the increasing reliance on IT systems, most of the large banks have either already shifted to or are in the process of shifting to new core banking application which will specifically cater to the future technology related requirements. However, there is still a lot to be done to further improve the IT systems as well as the procedure for capturing data so as to better enable our banks to meet the minimum data/ information requirement necessary for the effective implementation of the Basel capital accord advance approaches in a proactive and disciplined manner, he added. Referring to recent global financial crisis, he observed that in the absence of a global financial regulator, it proved difficult to ensure the safety and soundness of globally active financial institutions; and as such governments had to step in to bail out their respective institutions. However, these contagion concerns can be minimized if we can keep local problems from turning global, he added. Mr. Anwar said that this would require both strengthening and harmonizing the financial supervision across the borders. Moreover, keeping in view the continuous upgrading of banking regulations and the challenges of adopting advance approaches, there is a need to have frequent interaction and cooperation among the regional countries, he said. This will help us all if we can openly share our knowledge and experiences at regional forums such as this and also collectively devise ongoing and future strategies for region specific issues which may pose potential risks for each of our banking sectors, he added. Mr. Anwar said that the main components of the new Basel framework are aimed at protecting against the types of internal and external shocks banks and banking systems often face, regardless of the state of development or complexity. He said the new framework substantially raises the quality and quantity of capital, with a greater focus on common equity. With tangible common equity (TCE) which comprises paid up capital and retained earnings (minus intangibles), there would be an improvement in capital quality to better absorb losses from shocks which could emanate from anywhere, he added. He further said that the crisis has shown that balance sheets were being leveraged, but the risk based framework failed to fully or adequately capture this dynamic. Recognizing this problem, the Basel Committee has now introduced a simple, non-risk based leverage ratio to supplement the risk-based capital requirement that captures risks arising from total assets, he observed. It introduces two types of capital buffers. The conservation buffer is oriented to absorb losses not only in normal times, but also during times of economic stress, he said and observed that additionally the countercyclical buffer takes into account the dangers of rapid credit growth, which might be particularly relevant for emerging economies. Finally, beyond the need for more and better capital to absorb unexpected losses, the crisis highlighted the risk of poor liquidity management. As such another feature is the introduction of Liquidity buffers: for instance, banks must hold a sufficient position of high-quality liquid assets to allow them to survive a whole months loss of access to funding markets, he added.
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Soomro, who will be next chairman of the TIP from July, was of the view that no country can progress without having a transparent system of education. He said that there was a dire need to utilize modern technology in the education sector so as to bring education to a greater standard besides minimizing the chances of corruption. He also announced the formation of a committee to devise recommendations to be implemented in the education sector, under the chairman ship of Justice Retd Haziqul Khairi with former Director General Colleges Prof Dr Syed Abdul Aziz, Hamdard Institute of Education and Social Sciences Director Prof Dr MMA Feroz , Department of Islamic Learning Assistant Prof University of Karachi Prof Dr. Nasiruddin and Prof Kafil Ahmad as members of the committee. Chairman of the TI Pakistan Adil Gilani described unaccountability, lack of transparency discretionary power as the most important factors of persistently increasing corruption in Pakistan. He said that one of the major causes of poverty was corruption. Prof Dr Syed Abdul Aziz proposed measures required for the eradication of corruption from examination system. Prof Dr M M A Feroz said that their universities were producing a lot of talent which is of no use since they have no practical experience. He said that the data of intentional corruption was so huge with reference to education in Pakistan, that even terabytes were not enough to show its magnitude. He observed that anyone can visit the website of Transparency International Pakistan, Economic Survey of Pakistan or many other sites to find unimaginable amount of data regarding intentional corruption in education with reference to Pakistan. Prof Dr Nasiruddin also spoke on the occasion.
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Whenever a Sponsoring Ministry/Division is of the view that the prospective procurement are required to be made by invoking Rule 5 of Public Procurement Rules 2004, it shall bring a case to the ECC after doing due consultation with stakeholder/ministry/division/department etc. as prescribed in the Rules of Business 1973. The ECC shall consider such cases and authorize or otherwise ask sponsoring ministry/division whether or not to proceeds in terms of Rule 5 of Public Procurement Rules 2004.
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in 2000 by WIPO Member States every year on 26th April, the day on which the convention to establish WIPO came into force in 1970.
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PRESIDENT SUPREME COURT BAR ASSOCIATION OF INDIA CALLS ON THE CHIEF JUSTICE OF PAKISTAN
A four member delegation headed by Mr. Ram Jeth Malani, President Supreme Court Bar Association of India and comprising other senior Advocates, namely, Mr. Rejeev Dhavan and Mr. M.N. Krishnamani and Mrs. Suparna Choudhry, Journalist, paid a courtesy call on Hon Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry. The delegation had come to attend the National Judicial Conference organized in the Supreme Court Building. The Chief Justice of Pakistan welcomed the members of the delegation in his Chambers and had exchange of views on issues of common interest between the legal/judicial fraternities of the two countries. The Chief Justice stated that he was warmly received and widely welcomed by the judges and lawyers of India during his recent visit to attend a Conference in the city of Hyderabad. The Indian delegation proposed increased cooperation and interaction between the members of the Bench and Bar of the two countries. The Chief Justice of Pakistan reciprocated the sentiments and stated that cooperation/collaboration of the legal fraternity of the two countries would not only help to share ideas and learn best practice from each other but they will also lead to amity and understanding for increasing trade and commerce between the two countries for economic benefits for the two states and their citizens. In this regard, the judicial activism to release fishermen and other prisoners, who have completed their sentences were appreciated as their release was precisely in accord with fundamental rights, guaranteed by the Constitution, of the two countries. Mutual cooperation/collaboration for the cause of peace as well as trade and development and improvement in the legal/judicial systems of the two countries was emphasized. The Indian delegation thanked the Chief Justice of Pakistan for the hospitality and care extended to them during stay in Pakistan. The Chief Justice also presented a set of books to the members of the Indian delegation.
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submitted his comprehensive report comprising on 15 volumes which was accepted and it was direct to be made public. The concluding chapter states that the Bank of Punjab Scam was one of the largest swindles in the countrys history; the Bank was virtually deprived of more than 11 billion Rupees in advances and mark up by the Haris Group alone. The directors sitting on its Board, too, obtained credit and other facilities in defiance of the statutory regulations of the Bank and the same were in the sum of approximately 20.00 billion Rupees.
HCJP SPEECH
To the visiting officers of command & staff college Quetta
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of Pakistan under Article 186 of the Constitution for revisiting the case of Zulfiqar Ali Bhutto in the Court on 13.04.2011.
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for prevention, detection, investigation & prosecution of frauds and white-collar crimes at all corporate, as a single point destination.
Vice President
Mr. Tahir Iqbal Emails: vicepresident@ifap.org.pk, ifap.fapakistan@gmail.com
Secretary
Mr. MBT Khalid Emails: secretary@ifap.org.pk, mbt.khalid@gmail.com, mbt.khalid@ifap.org.pk
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Note:
Articles are welcome from any individual, whether an IFAP member or not. For inclusion on the next issue of The Forensic Accountant, fax or email us articles, case studies, papers, opinion, research or related material: Fax: +92 51 222 0872, or emails:ifap.fapakistan@gmail.com admissions@ifap.org.pk exemption@ifap.org.pk, career@ifap.org.pk, secretary@ifap.org.pk, president@ifap.org.pk, vicepresident@ifap.org.pk
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