FCPA is the United States Federal Foreign Corrupt Practices Act that prohibits United States companies and any of their subsidiaries from directly or indirectly facilitating the bribery of foreign officials for the purpose of personally or collectively benefiting from the conduct of a business. business. In this article we will see how your company can implement detective and preventive controls using The Fraud Explorer Opensource Antifraud software, which through artificial intelligence implements Donald R. Cressey‘s fraud triangle analytics methodology.
Does your company do business abroad? Do you have commercial relations with government entities? FCPA could be your anti-corruption best practice framework to detect and prevent bribery
Situations that generate an early warning about the risk of bribery include that the company conducts international business as part of its economic activity, that direct or indirect intermediary agents are used that have links with the government and, above all, if there are comments from aisle between the commercials indicating that bribery is necessary to close the biggest deals.
Dishonest behaviors we want to detect
To pursue our objective of detecting and preventing bribery, we must first agree on the different situations that would lead to a red flag, these would be:
Unusual meetings of people from the company with political personalities or government officials, such as breakfasts, lunches, going to golf or tennis.
When a supplier asks us that among the conditions of the negotiation is that the payment must be made in an account located in another country different from where the company is located.
Request for commissions by establishing a percentage of the business, which must be paid in advance, in some cases with a means of payment other than the traditional one, for example, Efecty.
Request for travel expenses with very high amounts, justifying lunches and details to great personalities, necessary to be able to close the business, for example, restaurants with the most expensive wine.
The refusal to provide information about the final beneficiaries of the business, for example, the impediment to knowing the names and identification of all the shareholders of a company.
Among other situations that may derive from a suspicious conviction from or towards public officials to be able to close a business, especially when the culture of the business owner is that “businesses work like this”.
How can we detect these behaviors?
The Fraud Explorer, the Opensource Antifraud software, implements Donald Ray Cressey‘s fraud triangle analytics methodology through artificial intelligence. This software is capable of detecting bribery situations such as those indicated in the previous point, analyzing communications in search of acts that are considered corrupt according to the FCPA Law.
These acts are stored as behaviors in the software’s knowledge database, which were built by North American experts in the FCPA law for its application in Spanish and English-speaking companies.
Use case in the detection of behaviors
If we implement The Fraud Explorer in the organization and indicate the sources of corporate use for monitoring, we can detect a communication like the following, where the commercial tells the public official that he will obtain extraordinary profits in addition to the normal income he has:
It is in this situation that an Opportunity alert is generated according to Donald Cressey‘s fraud triangle and the database with FCPA behaviors that we have uploaded to the artificial intelligence expert system. This software has more than 8,000 behaviors in its database, all of which can be used to combat corporate fraud, including that specified by the FCPA as bribery, which would also be typified by the ACFE fraud tree as corruption.
References
(Wikipedia, 2017) Foreign Corrupt Practices Act article.
About NOFRAUD
NOFRAUD is the company that develops The Fraud Explorer anti-fraud software and supports individuals and companies to face and solve their challenges regarding internal fraud, corruption and corporate abuse. NOFRAUD has created the largest behavioral database of dishonest acts in the world in Spanish and English, which is used by artificial intelligence to find suspicious patterns of corruption within organizations.
We enhance the ability of organizations to increase their profits by removing the possibility for perpetrators to negatively affect revenues through fraud, corruption, corporate abuse and the creation of toxic environments.
Contact me at » jrios@nofraud.la and Visit our site » www.nofraud.la.