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Inside Internal Controls

News and discussion on implementing risk management

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Fraud and Corruption

Tales of a unified corporate registry: Canada’s effort to counter and reduce the misuse of corporate vehicles

anti-money laundering

On February 13, 2020, the Government of Canada announced a national consultation strategy which seeks to examine methods to strengthen corporate transparency across the country. Announced through the release of the “Strengthening Corporate Beneficial Ownership Transparency in Canada” report, the consultation focuses on how to bolster law enforcement efforts to counter and reduce the misuse of corporate vehicles involved in money laundering, terrorist financing and tax evasion.

 

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Impact of digitized environments & modern workplaces on internal investigations

One of the hallmarks of a successful investigation is rooted in the expression “knowing what you don’t know.” An experienced investigator knows a lot about a lot of things – different types of fraud, corruption, theft, misconduct, and the psychology underlying what motivates people to violate the trust that has been placed in them.

 

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Time to wake up to risk reality

For 11 years, the ERM Initiative at North Carolina University has surveyed executives (this year they were again all financial executives) about what they call “the current state of risk oversight processes in organizations of all types and sizes to obtain an understanding of the relative maturity of underlying activities executives and boards use to monitor the rapidly changing risk landscape”.

 

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COVID 19 impact: Ontario issues emergency order prohibiting price gouging of necessary goods

On March 28, 2020, the Government of Ontario issued an emergency order prohibiting retailers and individuals from charging unfair prices for necessary goods that Ontarians need to protect themselves from COVID-19. The necessary goods on the list include:

 

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Additional amendments to Proceeds of Crime (Money Laundering) and Terrorist Financing Act Regulations issued

On February 15, 2020, draft amending regulations (the “Draft Regulations”) were issued, proposing a number of amendments to be made to the prior amendments to the regulations (the “Regulations”) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “PCMLTFA”). The Draft Regulations are open for comment until March 15, 2020 and will come into force on the day they are registered.

 

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New ERM Guidance from COSO

Creating and Protecting Value: Understanding and Implementing Enterprise Risk Management is based on COSO’s 2017 update of its 2004 ERM Framework. Their intent is to explain how effective ERM can add value to an organization, and to give some guidance on how to implement or upgrade it.

 

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Defamation, the Protection of Public Participation Act and strategic lawsuits against public participation

On March 25, 2019, the Protection of Public Participation Act (the “PPPA”) was assented to bringing into force legislation aimed at combating strategy lawsuits against public participation (SLAPPs).

 

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Whistleblower hotlines decrease the cost & duration of corporate fraud schemes

fraud

The Association of Certified Fraud Examiner’s (ACFE) biennial Report to the Nations consistently provides a detailed, and visually engaging, representation of the impact organizational fraud has on our organizations. Its tenth edition, released this year, is no different. In the report, we get a broad understanding of fraud ranging from the methods in which it is committed, to the characteristics of victimized organizations, to the impact of various types of schemes.

 

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Tax preparer given prison sentence for false charitable donation receipts

Here is a recent bulletin from CRA dealing with the problem of fraudulent official donation receipts.

 

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Entering the era of operational resilience

Operational resilience is the ability of a business to tolerate shocks and maintain normal operations. Those shocks can be all sorts of things — IT failures, natural disasters, terrorism, cyberattacks — but they’re typically sudden shocks, happening within hours or even minutes, that threaten your company’s ability to provide whatever it is you provide to customers.

 

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Risk and consequences

I like to think that effective risk management helps the managers of an organization, at all levels, make the informed and intelligent decisions necessary for success – reliably achieving enterprise objectives considering all the things that might happen, both positive and negative.

 

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When a debtor puts assets out of reach: Use of fraudulent conveyance proceedings to recover debts

Getting a judgment isn’t the only challenging aspect of a legal dispute; collecting on a judgment can present a whole new set of challenges. Some parties actively make efforts to judgment proof themselves by alienating their assets. While such conduct can be appropriate, in certain circumstances it can trigger the Fraudulent Conveyance Act (the “Act”). The Act serves as a tool to help creditors get to assets that debtors have inappropriately alienated from themselves.

 

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Managing risk when the board is over-confident

When we talk about confidence in managing risks, we’re really talking about confidence in the effectiveness of your risk management program — and apparently, we have a systemic disconnect between the board and management about that issue.

 

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FINTRAC updates guidance on verifying the identity of individuals and other entities

anti-money laundering

Following consultations with businesses and reporting entities, FINTRAC has updated its guidance on Methods to verify the identity of an individual and confirm the existence of a corporation or an entity other than a corporation (the “Guidance”) effective October 2019. The updated guidance reflects amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations that came into force on June 25, 2019.

 

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The essentials of anti-bribery and anti-corruption compliance programs

Organizations at risk of anti-bribery and anti-corruption (ABAC) violations should implement risk-based ABAC compliance programs.

 

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