Agarwal & Company is one of the major infrastructure companies, deals with building of bridges, roads etc. They obtained road construction contract from the Government for execution of a project. They called for tend
CS Professional · Forensic Audit · PYQS · December 2019
Agarwal & Company is one of the major infrastructure companies, deals with building of bridges, roads etc. They obtained road construction contract from the Government for execution of a project. They called for tender area wise and bids were received from subcontractors. It is the policy to entrust the job only to the person who has a class I status in contracting. Bids were finalised and the one who quoted lower price was awarded construction of road etc. in a particular area. In one of the contract the estimated value of contract was ₹ 20 lakh and the winner of the subcontract was LM. Past records show that LM had undertaken such type of contract earlier, say five years back, for this company and he was very familiar to Executive Engineer of the company. He used to visit the company frequently and finally succeeded in getting the contract now. LM has made the request for advance of 50% of the contract amount, but the company policy was to give advance only 20% subject to production of a bank guarantee from a nationalized bank in favour of the company. In the instant case LM persuaded the company to accept his FD receipt i.e. two receipts for each ₹ 2 lakh issued by the banker in lieu of bank guarantee. After prolonged discussion among the Executives, the company has agreed to accept FD receipt and paid advance money. LM commenced work and finished only 10% of the road construction contract. Information reached the company that LM stopped the work abruptly and no further work was carried out. The company made efforts to contact him but to no avail. Company issued notice to LM and there was no response. The legal notice was also issued and returned with the remark that "addressee not found". Recovery process: The company approached the bank for the purpose of encashing the two FD receipts of ₹ 4 lakh endorsed in favour of Company by LM. To the disappointment of the company, the bank said that they had not issued the said FD receipts to LM and that the said two receipts were fake. Denial by the bank does not seem to be correct and require further investigation. The company decided to have the matter investigated. Your help is sought to conduct a Forensic Audit. (ii) What will be your mechanism of Forensic Audit to help the Company to recover the advance money?
Answer & Explanation:
Mechanism of Forensic Audit Having accepted to audit this case, permission will be taken from the Managing Director to interview the Executive Engineer. The response from the engineer are given as under: LM was not given contract for the past 5 years because he quoted high amount. His work done in previous period was satisfactory. Is he your friend because he frequently comes and meet you? No. Then why he comes and meets you? He comes and pleads for a contract. That's why you have given contract to him now. Not like that. He quoted low price and therefore awarded. Was he having any difficulty for undertaking the work? Has he expressed to you any time? No Why your company accepted FD receipts instead of Bank Guarantee? You have pity on him and hence accepted. He smiled and no concrete reply. It is clear that because of some gratification from LM, the contract was given to LM despite the fact that LM was having financial problem. Our next meeting was with Accounts Department to know as to why they did not check the genuineness of the Fixed Deposit receipts. They should have gone to the bank and got a lien on the said receipts recorded without lien, how is it possible to get the money from the bank? There is absolute failure on the part of the accounts department. Surprisingly, accounts department denied that such acceptance of FD receipts was not known to them. It is now clear that Executives has kept the accounts department in dark and it appears that there is collusion among the executives to help Mr. LM. We took the Accounts Officer to bank with the F.D. receipts. We introduced ourself as Forensic Auditor to the Manager and discussed on the FD receipts and asked him as to how his bank can issue such fake receipts. The person who issues F.D. receipts was called for and could explain. We said that we are going to make Police complaint against the Bank. The truth came out that LM had approached this person and this person accepted consideration and issued two receipts not from the current receipt book but from the old receipt book which was discarded. Enquiry also revealed that the Executive Engineer had phoned this person to help Mr. LM. The entire episode was reported to the Management for taking needful action on executive engineer because he played a main role in this episode so that this kind of fraud should not take place in future. It is clear that executive engineer has played a foul role against the monetary interest of the company. Now, the company may resort a mechanism to trace Mr. LM with the help of executive engineer or may initiate the recovery of their loss from the monetary fund of executive engineer available with the company and may also initiate recovery proceeding under applicable procedure code.
Topics: Forensic Audit Mechanism
Related Questions in this Topic
- A public limited company had done the following transactions: Got a Term Deposit Receipt (TDR) from A Bank or ₹ 1 crore...
- Fraud has always a motive behind it. If an opportunity to commit the fraud exist, the fraudster justifies the crime in s...
- Who shall be comprised in the SFIO committee and to whom shall SFIO report be submitted ?
- Under what circumstances, investigation into the affairs of a company is assigned to SFIO "Serious Fund Investigation Of...
- ICSI Anti-Bribery Code is a voluntary code. What are the various clauses of this code ?