The enemy within: a study of employee criminal activity and its impact on business.
Bressler, Martin S.
INTRODUCTION
Economic cycles indicate that during more difficult economic times,
criminal activity increases. Experts (Levisohn, 2009) believe that fraud
in particular, increases during recessionary times. James Short (1980)
compiled a number of comprehensive studies on the relationship between
crime and economic cycles examining a series of studies dating back into
the 1800's. Although numerous variables and circumstances make
comparisons difficult, Short concluded that "some connection"
exists.
According to the National White Collar Crime Center, the two most
recent recessions recorded significant increases of arrests for fraud
and embezzlement (Business Week Online, January 12). In 1990, just after
the savings and loan crisis, arrests increased 52% and in 2000, after
commercial Internet development, arrests increased 25% (Business Week
Online, January 12). Arvanites and Defina (2006) examined business crime
activity and economic cycles from 1985 to the early 2000's and also
report a relationship between the two.
Businesses, already susceptible to a wide variety of crimes, need
to be on their guard to prevent the impact of criminal activity from
impacting profitability to the point that the viability of their
business comes into question. Crimes against companies range from
shoplifting and vandalism to piracy and counterfeiting. In some
instances, crimes committed against businesses are committed by
outsiders while in many other situations, employees at all levels commit
crimes against their employers. In some cases, companies become
unwitting accomplices of money-laundering crimes.
Crimes committed against business are nothing new. The literature
records numerous examples throughout history. By 1995, the SBCI survey
found 35% of retailers reporting customer theft with similar percentages
for manufacturing and wholesaling industries. In all, 75% of surveyed
businesses reported one or more incidents of crime, with 3.5 incidents
on average (Burrows and Hopkins, ####).
Small businesses may be particularly vulnerable to crime as small
businesses often do not have safeguards in place to prevent and detect
criminal activity. As early as 1996, (prior to Internet crime) a survey
of 400 firms conducted by the U.S. Small Business Administration found
nearly 13% of surveyed businesses became crime victims. Further, less
than half (48%) employed any security measures and many incidents,
especially employee thefts, went unreported (Small Business Research
Summary, 1997).
How much does crime against business cost? According to the 2007
report Crime in the United States, stolen office equipment alone totaled
a staggering $656,982,032. Burglaries on average cost businesses $1,989
and shoplifting which recently increased 11.2% cost businesses an
average $205 per incident. Several recent high-profile cases of fraud
include the Madoff investment scandal ($50 billion) and the Stanford
investment scandal ($20 billion). Just a few years ago, newspaper
headlines shocked readers with news of the Enron and WorldCom financial
scandals (Off to Jail, 2005; Schickel, 2005). By 1991, cost estimates of
crimes committed against businesses reached $128 billion in direct costs
(Thompson et al, 1992). Estimates are difficult to determine as many
business crimes go unreported (especially in small businesses) for fear
of bad publicity and loss of investor confidence but by 2006, even prior
to the current recession, Federal Bureau of Investigation crime data
list the figure at $652 billion annually (cited in Bressler, 2007).
LITERATURE REVIEW
Types of crimes
Since the development of the Internet, cybercrime activity is
increasing at an alarming rate. The 1995 National Computer Crime Survey
reported 67 percent of the 7,818 businesses surveyed fell victim to at
least one cyber attack (Bureau of Justice Statistics, 2008). Many of the
cyber attacks involved theft (60%) while other incidents included
viruses uploaded to the business computer system. Sixty-eight percent of
the cyber attack thefts resulted in a monetary loss of $10,000 or more
(Bureau of Justice Statistics, 2008).
Yueh (2004) reports businesses suffered a 40% increase in computer
attacks over the previous year. The 150,000 computer attacks resulted in
a cost to business of $42 billion (Yueh, 2004). Security consultant
Richard Stiennon (cited in Elms, et al.) believes cybercrime to be the
major threat to computer infrastructure, business processes and
businesses themselves. Another study, conducted in 2001 by IDC in
Massachusetts, found 95% of IT managers at medium and large U.S.
companies experienced various computer attacks.
According to a study conducted by IDC computer consultants in 2000,
95% of IT managers experienced at least one incident of computer systems
breach (Gantz, 2001). By 2004, companies increased spending on
information technology security systems to an estimated $30 billion,
more than double since 2001, to protect corporate websites (Gantz,
2001). Despite the increased need for computer security, only 30% of
companies reported that their company encrypted email.
The 2005 National Computer Crime Survey prepared by the U.S.
Department of Justice finds 67% of surveyed companies indicated at least
one cybercrime committed against their business (U.S. Department of
Justice). According to the survey, 68% of crime victims reported losses
of $10,000 or more from cyber-attacks. Surprisingly, only 15% of
businesses reported the cyber-attacks to police or other law enforcement
agencies. The Federal Bureau of Investigation now lists cybercrime their
third-highest priority, just behind terrorism and espionage (Elms, 2008)
Banks can be especially vulnerable to criminal activity. Criminal
activities ranging from robbery and money laundering to ATM fraud will
send banks scrambling to increase security measures. One estimate
indicates the costs of crime that businesses incur amounts to "69%
of after- tax corporate profits" (Thompson et al, 1992).
While vandalism may not seem to be especially serious when compared
to other crimes committed against businesses, the U.S. Small Business
Administration reports the average vandalism incident costs small
business $3,370 (http:www.nfib.com/object/IO_31210.html). Put another
way, a small business with revenues of $500,000 per year and a net
margin of 5% would lose approximately 13.5% of their annual net profit.
In a study for the National Federation of Independent Business,
Dennis (2008) reports 52 percent of businesses became victimized by
crime within the previous three years. The report also noted vandalism
as the most common crime committed against small businesses in general,
and shoplifting most common to the retail industry.
The U.S. Chamber of Commerce (cited in Kuratko et al., 2000) in
1995 reported that employee dishonesty accounted for as many as 30% of
all small business failures. Their report also goes on to state that
small businesses are 35 times more likely to become crime victims than
larger companies. The National Council of State Legislature's
publication reports retail crime now exceeds $30 billion dollars per
year, resulting in $1 billion in lost tax revenues (National Federation
of Independent Business).
Crimes committed against retail establishments come to our
attention more often as they may occur locally and upon businesses we
frequent. According to Casteel et al. (2004) certain businesses, such as
liquor and convenience stores experience significantly higher rates of
crimes, particularly employee death. The recent economic downturn may
also account for increased shoplifting. In a news story just before
Christmas, Shafer (2008) reported that a source at the Mall of America
indicated an 18% increase in shoplifting reported over the previous
year. Shafer also mentioned a Post survey of 52 national retailers by
the Retail Industry Leaders Association indicating an 84% increase in
shoplifting at their stores.
Recently, Best Buy was swindled out of $31 million in an elaborate
bid-rigging scheme (Best Buy Swindled, 2009). Best Buy became a victim
of the scheme in part due to a lack of internal controls that otherwise
would have sent "red flags" to the attention of auditors. In
another case, as if the housing market slump wasn't enough, Lennar
homebuilders recently became victim to a Ponzi scheme (American Banker,
2009). A Ponzi scheme refers to a fraudulent investment that returns
money only to early investors by using money obtained from later
investors, rather than actual investment profits (Wikipedia). In a 2005
study, the Association of Certified Fraud Examiners found the average
business loss due to fraud or embezzlement to $159,000, although the
average loss for a business with fewer than 100 employees to be $190,000
(cited in Larimer, 2006).
According to Marten and Edwards (2005), three conditions must be
present for employees to commit fraud. The first condition is incentive,
often in the form of some type of pressure. Pressure may be due to
financial reasons, sometimes associated with extra money needed for an
adulterous relationship. In other cases, financial pressure could be due
to excessive medical bills, gambling debts, or drug addiction.
Opportunity exists when businesses fail to develop safeguards or become
too trusting of employees. Rationalization occurs when an employee
justifies their action as the company "owing them".
In each of these three conditions, company's management can
institute safeguard procedures to reduce the possibility of an employee
to use these conditions as an entry to committing fraud. Background and
credit checks can identify employees who might be more prone to
financial pressures. Fraud hotlines can be established to allow
reporting of suspicious employee behaviors, including recent expensive
purchases. Opportunity can be lessened when companies develop safeguards
through unscheduled audits, use of Accounting Information Systems (AIS)
software, and basic procedures such as check approvals. Rationalization
may be more difficult to prevent, however, Ethics Statements and
management setting good examples may be effective ways to thwart
employee rationalization.
Embezzlement may perhaps be the most serious crime impacting
business, in that many times the crime goes undetected for years.
Embezzlement affects not only large business but small business,
government agencies and non-profit organizations. As so many instances
of embezzlement go unreported to police, experts can only estimate the
extent of embezzlement activity. Costello (2003) reported that according
to an estimate by the National White Collar Crime Center, embezzlement
may cost companies as much as $90 billion each year. An employee working
at the cafeteria of a state prison in Georgia reportedly skimmed $1.5
million from the cafeteria cash registers over the course of several
years (Costello, 2003). In another Georgia case, an employee stole
$300,000 worth of postage stamps from the University of Georgia
(Costello, 2003).
According to the Federal Bureau of Investigation, during the period
from 1994-2002, intellectual property theft increased 26%. In addition,
increased money laundering activity also includes small businesses,
often facilitated by an employee or third-party. The FBI further goes on
to state that money laundering often couples with other felonies
including drug trafficking, fraud or embezzlement.
Inventory shrinkage
A 1994 University of Florida study (cited in Kuratko et al.)
examined causes of inventory shrinkage and found employee theft
accounted for 42.1 percent and 32.4 percent to shoplifting and improper
paperwork. Shoplifting affected 695,387 retailers with an average loss
of $194 per incident (Sourcebook of Criminal Justice Statistics Online).
The U.S. Small Business Administration reports stock loss ranging from
1.3% to 7% of sales. That means for a small business with sales of $1
million per year, stock losses may account for as much as $70,000. Put
another way, a small business with a net profit of 5% could actually
lose money (Curtailing Crime). A study by the U.S. Chamber of Commerce
reports as many as 30% of small business failures the result of crime
(U.S. Chamber of Commerce, 1995).
Economic downturns often may account for an increase in
shoplifting. Just before Christmas a source at the Mall of America
reported a 19% increase in shoplifting (Shafer, 2008) and several police
departments in the Philadelphia area also reported increased shoplifting
at area stores. A Post survey of 52 national retailers conducted by the
Retail Industry Leaders Association reported an 84% increase in
shoplifting (Shafer, 2008).
To reduce inventory shrinkage, companies need to employ two
different tactics. Preventing shoplifting calls for surveillance
cameras, mirrors and security guards. Preventing employee theft of
merchandise or equipment may use those same techniques but in addition
companies can also utilize background checks, honesty tests and regular
inventory checking.
Small Businesses, big targets
Despite fewer employees and smaller revenues, small businesses may
be more susceptible to business crime. As most businesses are small
businesses, nearly half of the U.S. workforce is employed in small
businesses. The Association for Certified Fraud Examiners indicates 39%
of reported instances of fraud occur in companies with 99 or fewer
employees (Bank Technology News). The U.S. Small Business Administration
reports 13% of small businesses become crime victims, yet less than half
(48%) instituted any preventive measures (Small Business Research
Summary). This could be a major reason why crime is a major factor in up
to 30% of small business failures (U.S. Chamber of Commerce). In
addition, small business ventures with less than $5 million in annual
revenues may be up to thirty-five times more likely to become a crime
victim than their larger counterparts (U.S. Chamber of Commerce).
Unfortunately, small business owners prosecute less than 30% of
fraud cases (Larimer, 2006). Many crimes committed against small
business go unreported to police for a variety of reasons. In some
cases, crimes committed by employees or local persons known to the
business owner go unreported as the business owner might not want to
press charges for fear of negative publicity or loss of confidence in
the business. In other instances, such as vandalism, small business
owners might assume that police would be unable to apprehend and charge
the vandals.
DISCUSSION
Crime Prevention Strategies
Welsh and Farrington (1995) offer four crime prevention strategies:
situational, developmental, community and criminal justice prevention.
Situational strategy refers to surveillance techniques using employees,
alarms or video monitors. A Developmental Strategy involves examining
the root causes of crimes against businesses such as juvenile
delinquency, poverty and economic cycles. Community strategies utilize
various social experiments and neighborhood watch programs. Criminal
Justice prevention programs develop partnerships between law enforcement
and the community.
A model program in New York City (Kugel, 2003) designed to help
bodegas (Mom and Pop grocery stores) by installing security cameras
secured backing from the mayor and the police. According to a survey by
a bodega owner's association, nearly 35% of crimes went unreported
to police. Despite the fact that bodega owners typically do not report
crime to police, a recent surge in killings during robberies prompted
store owners to become more involved in working with law enforcement
(Kugel, 2003).
Among retailers, liquor stores report higher rates of employee
injury or death than other types of retail establishments (Casteel et
al, 2004). Comparing two groups of stores, one with an environmental
design intervention and the other group without, researchers found a
significant reduction in robberies and shoplifting among stores using
environmental design. Environmental design programs utilize structural
design methods for both outside buildings as well as interior layouts.
Without cover, criminals are more visible to surveillance cameras and
security guards and it is also more difficult to surprise employees on
duty.
The best strategy to defend against business crime should focus on
preventive measures. For many businesses, simple actions such as
improving security lighting or requiring employee identification may
reduce crime. Crime preventive actions can be categorized into external
measures, to include security lighting, surveillance cameras, locks, and
key control; employment policies that include background checks, drug
testing, employee identification, and separation of duties; computer
defenses that include secure websites, access authorizations through
secure passwords, computer firewalls, and secure Internet payments.
Finally, everyday work practices such as keeping minimal amounts of cash
on hand, requiring employee identification, paying everything by check
and not delegating check signing provide basic defenses against internal
and external crime (see Figure 1).
With recent headline stories of investment fraud impacting
individuals, businesses and non-profits, government at the state and
national level will begin to more closely scrutinize investment
activity. At this point, however, the U.S. Government Accountability
Office admits that the current oversight system is too fragmented to be
effective (Levisohn, 2009).
Employee crime prevention can begin with establishing sound hiring
practices including background checks and drug testing. A 2002
Association of Certified Fraud Examiners study (cited in Wells, 2003)
revealed that 7% of employees in the workplace have a history of theft
or fraud. Background checks should also include a credit history report
as some employees may resort to embezzling company funds when financial
pressures from drug addiction, adultery, gambling or medical expenses
seem insurmountable (Costello, 2003).
In one example, during the routine background check a company
preparing to hire a new financial director found the applicant did not
have the industry experience or the MBA degree he claimed (Business
Week). Due to time and expense, many small companies skip background
checks. However, Hogsett and Radig (cited in Kuratko et al, 2000) found
30% of employees steal from their employers and another 30% might be
tempted to do so under certain circumstances.
Wade (2002) discovered some interesting findings in a South
Carolina study of employee drug abuse. Employee drug abusers are injured
on the job 2-5 times more often than other employees, are 26-31% less
productive in their work, and are cited as a factor in 33-39% of product
or service quality problems. Study findings also report a return of $4
for every dollar invested in that treatment.
Detection
Regardless how many preventive measures are employed, businesses
will likely still become crime victims. The number and size of
occurrences will likely be smaller. Detection techniques also tend to be
low-cost and as simple as frequently checking bank statements,
unscheduled audits and use of accounting information systems (AIS)
software. AIS software uses "red flags" to indicate to the
auditor where potential problems might exist. Despite the importance of
unscheduled internal audits, the Association of Certified Fraud
Examiners indicates that only 20% of internal audit departments actually
perform unscheduled audits (Larimer, 2006).
Monitoring employee behaviors, especially radical changes in
employee lifestyle may also indicate fraud activity. Employees suddenly
purchasing luxury cars or boats, taking expensive vacations or giving
lavish gifts often warrant investigation. Fellow employees may assist
and are now protected by whistle-blower protection afforded under the
Sarbanes-Oxley Act (Yormak, 2004). Because most employers find out about
instances of fraud from employees, vendors or customers, the Association
of Certified Fraud Examiners suggests instituting a fraud hotline can
reduce embezzlement by as much as 50% (Costello, 2003).
The importance of forensic accountants cannot be overstated.
Because many white collar crime activities are often carefully concealed
through numerous complicated business transactions, forensic accountants
with their expertise can uncover criminal activity that otherwise might
go unnoticed during routine audits. In addition, forensic accountants
can be especially helpful when a firm plans a merger or acquisition to
determine a company's true worth and insure that financial data is
not misrepresented (DiGabrielle, 2008).
Remedies
When prevention isn't sufficient and detection activities find
criminal activity, the business must determine the best way to minimize
loss to the company. A Department of Commerce study of 400 small firms
cited by the U.S. Small Business Administration, found that many crimes
committed against small businesses went unreported. In fact, none of the
businesses reporting employee theft reported the incidents to police
(Small Business Research Summary). This, despite a study by the National
Federation of Independent Business where 79% of small business owners
reported confidence in local police (Dennis, 2008). Prosecution of
criminal acts is important as otherwise the perpetrator simply moves on
to the next corporate target. Many smaller businesses are uninsured or
underinsured; therefore prosecution may assist the business in recouping
some of the financial loss.
Expert witnesses, in many cases forensic accountants, play a key
role in providing court testimony. As expert witnesses will be
challenged by defense lawyers, forensic accountants should be trained in
audit procedures, possess the necessary professional certification (such
as Certified Internal Auditor, Certified Fraud Examiner, etc.) and be
able to prepare findings in a professional manner that will sustain
cross-examination by defense attorneys.
Usually the last resort for the business owner is to file an
insurance claim. Smaller businesses may not have insurance or sufficient
insurance to cover losses. According to a 2002 study by the National
Federation of Independent Businesses, 15% of surveyed businesses do not
carry business insurance at all and only 34% have business-interruption
insurance.
Many types of business insurance coverage are available. The U.S.
Small Business Administration recommends business owners purchase
criminal insurance, general liability insurance, product liability
insurance, worker's compensation insurance, Internet business
insurance, key person insurance, home-based business insurance and
malpractice insurance (U.S. Small Business Administration, Small
Business Planner).
IMPLICATIONS
Several important implications can be drawn from this study. First,
every business is potentially a crime victim. Crimes committed against
your business can impact profitability and even lead to business
failure. According to the U.S. Chamber of Commerce, as many as 30% of
businesses fail as a result of crime, preventive measures should be
taken to reduce the incidence and severity of crimes committed against
your business (U.S. Chamber of Commerce, 1995).
Second, preventive measures cost significantly less than the cost
to remedy crime committed against the business. Even small businesses
can reduce the likelihood of becoming a crime victim and the severity of
criminal activity with some fairly low-cost actions. Larimer (2006)
reported that small businesses suffered greater losses from fraud than
larger businesses, $190,000 per incident versus $159,000 for larger
businesses. One study (Kuratko et al, 2000) found the typical small
business spent $7,805 on security measures. In other words, currently
their losses are twenty-five times the amount spent on security
measures. Increased spending for security measures could result in
smaller losses.
Finally, those businesses that defend themselves against crime are
less likely to become targets of criminal activity. While prevention
tactics do not prevent your business from becoming a crime target,
appropriate safeguards can reduce the likelihood and severity of
criminal activity. Insurance companies often reduce insurance premiums
when businesses install appropriate security measures. The business
becomes safer for the owner, investors, and employees.
CONCLUSION
Even before the recession started, criminal activity directed at
businesses began increasing at an alarming rate. In the past, the most
common crimes committed against businesses included shoplifting,
vandalism and embezzlement. Today, criminal activity occurs more often
and includes a wider range of crimes including mortgage fraud,
counterfeiting and piracy. As the cost of crime continues to escalate
and cuts further into profits, businesses must increase preventive
measures and develop more sophisticated methods to detect crime. Without
employing a new crime prevention and detection strategy, many businesses
could become unprofitable and susceptible to business failure.
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Martin S. Bressler, Southeastern Oklahoma State University
Table 1. Types of employee crime
Theft, or cash skimming
Theft of inventory, equipment or merchandise
Writing company checks
Money laundering
Processing fraudulent invoices
Payroll fraud
Falsifying revenue reports
Customer identity theft
Intellectual property theft
Overstated expense reports
Credit card fraud
Table 2: Cost of Selected Crimes Committed Against Business, 2007
Type of Crime Number of Cost Cost per Incident
Incidents
Burglary 700,239 $1.4 Billion $1,991
Shoplifting 785,228 $1.6 Billion $205
Embezzlement 15,151 $20.9 Billion
* estimated, many unreported
Source: Crime in the United States, 2007
Table 3: Crimes Committed Against Business
External Internal
Robbery Theft
Burglary Embezzlement
Shoplifting Fraud
Counterfeiting Customer Identity Theft
Piracy Sabotage
Money Laundering
Vandalism
Ponzi Schemes
Computer Hacing
Figure 1: A Three-Stage Model for Prevention and Detection of
Business Criminal Activity
Prevention Detection Remedies
* Lighting * Unscheduled audits * Insurance
* Minimal cash on * Internal auditors * Prosecution
hand * External auditors
* Key control * AIS software * Expert witnesses
* Check identification * Police * Employee dismissal
* Employee * Monitoring * Punitive damages
identification employees
* Background checks * Lifestyle changes * Settlements/
* Authorization * Behavior indicators negotiations
procedures * Customer complaints
* Locks * Financial statement
* Pay everything by analysis
check and no use of * Frequently check
manual checks bank statements
* Do not delegate * Alarm systems
check signing * Scanning EBay and
* Outsource payroll want ads
* Computer firewalls * Repotting hotlines
* Secure passwords * Look for
* Secure websites exceptions, such as
* Employee training manual checks
* Burglar alarms
* Surveillance cameras
* Secure Internet
payment
* Separation of duties
* Drug testing
* Alarm systems
* Equipment tagging
* Ground-floor
location
* Security guards or
guard dogs
* Management setting
an ethical example
and ethics
statements
* Policy and
Procedures manuals
Source: Bressler, 2009