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Ethics COMPUTER SECURITY is an attempt to avoid such

undesirable events as a loss of confidentiality or data


- pertains to the principles of conduct that individuals use
integrity.
in making choices and guiding their behavior in situations
that involve the concepts of right and wrong. KNOWLEDGE ENGINEERS (those who write the programs)

business ethics DOMAIN EXPERTS (those who provide the knowledge about
the task being automated)
- involves finding the answers to two questions:
(1) How do managers decide what is right in conducting SARBANES-OXLEY ACT (SOX) wide-sweeping legislation. SOX
their business? and has many provisions designed to deal with specific problems
(2) Once managers have recognized what is right, how do relating to capital markets, corporate governance, and the
they achieve it? auditing profession.

PROPORTIONALITY. The benefit from a decision must SECTION 406—CODE OF ETHICS FOR SENIOR FINANCIAL
outweigh the risks. Furthermore, there must be no OFFICERS Requires public companies to disclose to the SEC
alternative decision that provides the same or greater whether they have adopted a code of ethics that applies to
benefit with less risk. the organization’s chief executive officer (CEO), CFO,
controller, or persons performing similar functions.
JUSTICE. The benefits of the decision should be distributed
fairly to those who share the risks. Those who do not benefit WAYS OF DISCLOSING CODE OF ETHICS
should not carry the burden of risk.
(1) included as an exhibit to its annual report,
MINIMIZE RISK. Even if judged acceptable by the principles,
(2) as a posting to its Web site, or
the decision should be implemented so as to minimize all of
the risks and avoid any unnecessary risks. (3) by agreeing to provide copies of the code upon request.
COMPUTER ETHICS is ‘‘the analysis of the nature and social CONFLICTS OF INTEREST. The company’s code of ethics
impact of computer technology and the corresponding should outline procedures for dealing with actual or
formulation and justification of policies for the ethical use apparent conflicts of interest between personal and
of such technology. professional relationships. Note that the issue here is in
dealing with conflicts of interest, not prohibiting them.
- Concerned about software and hardware, networks
connecting computers and computer itself. FULL AND FAIR DISCLOSURES. This provision states that the
organization should provide full, fair, accurate, timely, and
THREE LEVELS OF COMPUTER ETHICS
understandable disclosures in the documents, reports, and
POP COMPUTER ETHICS is simply the exposure to stories financial statements that it submits to the SEC and to the
and reports found in the popular media regarding the good public.
or bad ramifications of computer technology. (awareness)
LEGAL COMPLIANCE. Codes of ethics should require
PARA COMPUTER ETHICS involves taking a real interest in employees to follow applicable governmental laws, rules,
computer ethics cases and acquiring some level of skill and and regulations. As stated previously, we must not confuse
knowledge in the field. (competency) ethical issues with legal issues.

THEORETICAL COMPUTER ETHICS, is of interest to INTERNAL REPORTING OF CODE VIOLATIONS. The code of
multidisciplinary researchers who apply the theories of ethics must provide a mechanism to permit prompt internal
philosophy, sociology, and psychology to computer science reporting of ethics violations.
with the goal of bringing some new understanding to the
ACCOUNTABILITY. An effective ethics program must take
field. (Application to create new understanding of field)
appropriate action when code violations occur. This will
PRIVACY. what and how much information about include various disciplinary measures, including dismissal.
themselves is available to others, and to whom it is available
FRAUD denotes a false representation of a material fact
made by one party to another party with the intent to
deceive and induce the other party to justifiably rely on the (2) opportunity, which involves direct access to assets
fact to his or her detriment. and/or access to information that controls assets, and;

FRAUDULENT ACT MUST MEET THE FOLLOWING FIVE (3) ethics, which pertains to one’s character and degree of
CONDITIONS: moral opposition to acts of dishonesty.

1. False representation. There must be a false statement or FINANCIAL LOSSES FROM FRAUD
a nondisclosure.
The actual cost of fraud is, however, difficult to quantify for
2. Material fact. A fact must be a substantial factor in a number of reasons: (1) not all fraud is detected; (2) of that
inducing someone to act. detected, not all is reported; (3) in many fraud cases,
incomplete information is gathered; (4) information is not
3. Intent. There must be the intent to deceive or the
properly distributed to management or law enforcement
knowledge that one’s statement is false.
authorities; and (5) too often, business organizations decide
4. Justifiable reliance. The misrepresentation must have to take no civil or criminal action against the perpetrator(s)
been a substantial factor on which the injured party relied. of fraud.

5. Injury or loss. The deception must have caused injury or OPPORTUNITY is the factor that actually facilitates the act
loss to the victim of the fraud.
POSITION. Individuals in the highest positions within an
FRAUD is also commonly known as white-collar crime, organization are beyond the internal control structure and
defalcation, embezzlement, and irregularities. have the greatest access to company funds and assets.

EMPLOYEE FRAUD, or fraud by non-management GENDER. Women are not fundamentally more honest than
employees, is generally designed to directly convert cash or men, but men occupy high corporate positions in greater
other assets to the employee’s personal benefit numbers than women. This affords men greater access to
(defalcations or embezzlements) assets.

1. stealing something of value (an asset) AGE. Older employees tend to occupy higher-ranking
2. converting the asset to a usable form (cash), positions and therefore generally have greater access to
3. concealing the crime to avoid detection. company assets.

MANAGEMENT FRAUD is more insidious than employee EDUCATION. Generally, those with more education occupy
fraud because it often escapes detection until the higher positions in their organizations and therefore have
organization has suffered irreparable damage or loss. greater access to company funds and other assets.

Management fraud typically contains three special COLLUSION. One reason for segregating occupational duties
characteristics is to deny potential perpetrators the opportunity they need
to commit fraud. When individuals in critical positions
1. The fraud is perpetrated at levels of management above collude, they create opportunities to control or gain access
the one to which internal control structures generally relate. to assets that otherwise would not exist.

2. The fraud frequently involves using the financial FRAUD SCHEMES


statements to create an illusion that an entity is healthier
and more prosperous than, in fact, it is. Three broad categories of fraud schemes are defined:
fraudulent statements, corruption, and asset
3. If the fraud involves misappropriation of assets, it misappropriation
frequently is shrouded in a maze of complex business
transactions, often involving related third parties. Fraudulent statements are associated with management
fraud.
FRAUD TRIANGLE
THE UNDERLYING PROBLEMS.
(1) situational pressure, which includes personal or job-
related stresses that could coerce an individual to act 1. Lack of Auditor Independence.
dishonestly; 2. Lack of Director Independence.
3. Questionable Executive Compensation Schemes.
4. Inappropriate Accounting Practices. c. Officers must certify that the company’s accounts
‘‘fairly present’’ the firm’s financial condition and
SARBANES-OXLEY ACT AND FRAUD.
results of operations.
This landmark legislation was written to deal with problems d. Knowingly filing a false certification is a criminal
related to capital markets, corporate governance, and the offense.
auditing profession and has fundamentally changed the way 5. Fraud and Criminal Penalties. SOX imposes a range
public companies do business and how the accounting of new criminal penalties for fraud and other
profession performs its attest function. wrongful acts.

1. Accounting Oversight Board. SOX created a Public Corruption involves an executive, manager, or employee of
Company Accounting Oversight Board (PCAOB). the organization in collusion with an outsider.
The PCAOB is empowered to set auditing, quality
Bribery involves giving, offering, soliciting, or receiving
control, and ethics standards; to inspect registered
things of value to influence an official in the performance of
accounting firms; to conduct investigations; and to
his or her lawful duties.
take disciplinary actions.
2. Auditor Independence. The act addresses auditor Illegal Gratuity involves giving, receiving, offering, or
independence by creating more separation soliciting something of value because of an official act that
between a firm’s attestation and non- auditing has been taken. This is similar to a bribe, but the transaction
activities. This is intended to specify categories of occurs after the fact.
services that a public accounting firm cannot
Conflict of Interest occurs when an employee acts on behalf
perform for its client. These include the following
of a third party during the discharge of his or her duties or
nine functions:
has self-interest in the activity being performed.
a. Bookkeeping or other services related to the
accounting records or financial statements Economic extortion is the use (or threat) of force (including
b. Financial information systems design and economic sanctions) by an individual or organization to
implementation obtain something of value. The item of value could be a
c. Appraisal or valuation services, fairness opinions, financial or economic asset, information, or cooperation to
or contribution-in-kind reports obtain a favorable decision on some matter under review.
d. Actuarial services
e. Internal audit outsourcing services asset misappropriation in which assets are either directly or
f. Management functions or human resources indirectly diverted to the perpetrator’s benefit
g. Broker or dealer, investment adviser, or Skimming involves stealing cash from an organization
investment banking services before it is recorded on the organization’s books and
h. Legal services and expert services unrelated to records. One example of skimming is an employee who
the audit accepts payment from a customer but does not record the
i. Any other service that the PCAOB determines is sale.
impermissible
3. Corporate Governance and Responsibility. The act Cash larceny involves schemes in which cash receipts are
requires all audit committee members to be stolen from an organization after they have been recorded
independent and requires the audit committee to in the organization’s books and records.
hire and oversee the external auditors. Billing schemes, also known as vendor fraud, are
4. Issuer and Management Disclosure. SOX imposes perpetrated by employees who causes their employer to
new corporate disclosure requirements, including: issue a payment to a false supplier or vendor by submitting
a. Public companies must report all off-balance- invoices for fictitious goods or services, inflated invoices, or
sheet transactions. invoices for personal purchases. Three examples of billing
b. Annual reports filed with the SEC must include a scheme are presented here.
statement by management asserting that it is
responsible for creating and maintaining adequate shell company fraud first requires that the perpetrator
internal controls and asserting to the effectiveness establish a false supplier on the books of the victim
of those controls. company. The fraudster then manufactures false purchase
orders, receiving reports, and invoices in the name of the REASONABLE ASSURANCE. internal control system should
vendor and submits them to the accounting system, which provide reasonable assurance that the four broad objectives
creates the allusion of a legitimate transaction. of internal control are met in a cost-effective manner

pass through fraud is similar to the shell company fraud METHODS OF DATA PROCESSING. Internal controls should
with the exception that a transaction actually takes place. achieve the four broad objectives regardless of the data
Again, the perpetrator creates a false vendor and issues processing method used.
purchase orders to it for inventory or supplies. The false
LIMITATIONS. Every system of internal control has
vendor then purchases the needed inventory from a
limitations on its effectiveness. These include (1) the
legitimate vendor. The false vendor charges the victim
possibility of error—no system is perfect, (2)
company a much higher than market price for the items, but
circumvention—personnel may circumvent the system
pays only the market price to the legitimate vendor
through collusion or other means, (3) management
pay-and-return scheme is a third form of vendor fraud. This override—management is in a position to override control
typically involves a clerk with checkwriting authority who procedures by personally distorting transactions or by
pays a vendor twice for the same products (inventory or directing a subordinate to do so, and (4) changing
supplies) received. The vendor, recognizing that its conditions—conditions may change over time so that
customer made a double payment, issues a reimbursement existing controls may become ineffectual.
to the victim company, which the clerk intercepts and
The absence or weakness of a control is called an exposure.\
cashes.
Preventive controls are passive techniques designed to
Check tampering involves forging or changing in some
reduce the frequency of occurrence of undesirable events.
material way a check that the organization has written to a
legitimate payee. Detective controls form the second line of defense. These
are devices, techniques, and procedures designed to
Payroll fraud is the distribution of fraudulent paychecks to
identify and expose undesirable events that elude
existent and/or nonexistent employees.
preventive controls.
Expense reimbursement frauds are schemes in which an
Corrective controls are actions taken to reverse the effects
employee makes a claim for reimbursement of fictitious or
of errors detected in the previous step.
inflated business expenses.

Thefts of cash are schemes that involve the direct theft of


cash on hand in the organization.

Non-cash fraud schemes involve the theft or misuse of the


victim organization’s non-cash assets.

The internal control system comprises policies, practices,


and procedures employed by the organization to achieve
four broad objectives:

1. To safeguard assets of the firm.

2. To ensure the accuracy and reliability of accounting


records and information.

3. To promote efficiency in the firm’s operations.

4. To measure compliance with management’s prescribed


policies and procedures

MANAGEMENT RESPONSIBILITY. establishment and


maintenance of a system of internal control

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