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Larry C. Adams, CPA
Phoenix, Arizona USA
Certified Public Accountant
Certified Fraud Examiner
E-mail
fraudwritr@aol.com
Telephone (602) 995-8008
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July 2005 Topics
Involuntary Churn, Curro, Megawatt
Laundering
(Ricochet Purchasing, Death Star Transactions),
Snake-check, Missing Trader VAT Fraud (Carousel Fraud), Untraceable Fleet,
Oszustwo, and Spim
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Death Star schemes increase energy prices.
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Fraud In Other Words
Professional Jargon
and Uncensored Street Slang
by Larry C. Adams, CFE, CPA, CIA, CISA
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Involuntary Churn
“Involuntary churn” refers to customers who are disconnected by
a telecom operator, typically for bad debt or fraud reasons. Involuntary
churn was 45 percent of all churn in 2003 for DIRECTV, a broadband
satellite network for television, video, and data broadcasts.
For wireless phone
companies, involuntary churn skyrockets when customers don’t have a
mechanism to check their running total of minutes used, and the service
provider doesn’t adequately monitor credit-risk customers. Service
deactivations for reasons of non-payment of accounts or fraud can be
analyzed using modeling and data mining to modify credit policies and
credit qualification models. In the telecommunications industry, churn is
the term used to describe customer attrition or loss. Typically it's
calculated by dividing disconnects by the net subscriber base. “Voluntary
churn” refers to customer disconnects at the customer’s choice, such as
switching to a competitor, canceling service, or moving outside the
service area. “Internal churn” refers to customers who move to a different
product or payment method with the same telecom operator, such as moving
from a contract for wireless service to a pre-paid plan.
"Jargon Dictionary," Info Insight, www.infoinsight.co.uk/
dictionary.htm, June 17, 2002.
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Curro
Argentine slang for a rip-off, scam, fraud, deception, dirty business, or
illegal arrangement. Un curro has this special meaning in Rioplatense
Spanish, the dialect spoken in the most populated areas of Argentina and
Uruguay. Currar is the corresponding verb, meaning to engage in graft or
corrupción. Engrupir is a Rioplatense verb, meaning to deceive, usually by
using nice words,
to get someone to buy into a not-so-good idea. Truchada
means a fake, forgery, scammer, or pirated software. Truco is a
word for trick or deception. Argentina's national card game, Truco, involves bluffing, facial expression signals, and
challenges.
Pablo David Flores, “Argentine Slang: Dictionary,”
Rosario, Argentina, www.angelfire.com/ego/pdf/
ng/argentina/arsp_slang_dict.html,
Mar. 3, 2005.
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Megawatt Laundering
(Ricochet Purchasing, Death Star Transactions)
Improper trading strategies used by energy brokers to exploit
California’s market design for electricity and rapidly increase the
wholesale power prices on the West Coast of the United States. “Ricochet
purchasing” is a form of arbitrage. Enron Corp. bought power in the
California “day-ahead market” at a price below the maximum price cap for
California and sold it to an entity outside of the state for almost five
times the price. Then Enron repurchased the power from the out-of-state
entity and resold it in California as “imported power” at a higher price,
not subject to the cap. Enron scheduled Ricochet purchases simply to
collect higher prices from
the transfers. Enron used “Death Star
transactions” to manipulate the California ISO’s (Independent System
Operator) congestion management computer program and collect millions of
dollars in congestion relief payments. Enron scheduled northbound
“counterflows” on congested transmission paths in California to collect
congestion relief payments from the ISO, while simultaneously scheduling
southbound return flows on transmission paths outside the control of the
ISO. With the same amount of power scheduled to flow north and south back
to the point of origin, power didn't actually flow and no congestion was
relieved. Death Star transactions were profitable for Enron because the
congestion relief payments from the ISO exceeded the scheduled cost of
transmission. Consumers got stuck with needlessly higher electricity
prices resulting from the megawatt laundering schemes and they filed
lawsuits to recover the funds. The Death Star strategy was named after the
moon-size battle stations equipped with powerful weapons in the "Star
Wars" movies.
"Trading Activities by Portland General Electric,
PacifiCorp, and Idaho Power Company during the Western Electricity Crisis
of 2000-01,” Oregon Public Utility Commission, www.puc.state.or.us/elecnat/invest/
tradrpt.pdf,
June 12, 2003, pages 1 - 48.
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Snake-check
To anticipate expected results and avoid unintended
consequences by closely examining from different points of view all the
implications of a plan in advance of its implementation. Fraud prevention
plans and fraud cases should be examined from different points of view as
well. Alexander Haig, a four-star General and U.S. Secretary of State,
explained the origin of the phrase. “When awakening from a night bivouac
(in a temporary camp), a soldier must snake-check his boots, which may
have
provided a warm home for a small snake during the night.” Managers,
investigators, and attorneys want to avoid being surprised or attacked,
too. Snake-check is a term taught to students majoring in business
management and public administration. Scorpion-check is a similar term
used by Canadian legislators and military personnel with experience in the
Far East countries of Asia.
William Safire, “Necking It Down,” The New York Times
Magazine, Nov. 30, 2003.
Photo by Harry Short, flatrock.org.nz/topics/
animals/
snakes_in_art.htm.
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Missing Trader VAT
Fraud
A
scheme to sell goods at prices that include a Value Added Tax (VAT), and
subsequently not pay the VAT to tax authorities. Every member state of the
European Union (EU) has a Value Added Tax. It ranges from 15 to 25 percent
of the price of each successive stage of commercial activities involving
the production and distribution of goods and the provision of services.
Missing trader VAT fraud often involves high value, easily transportable
goods such as cell phones and computer components. A fraudster becomes a
trader by obtaining a VAT registration to acquire goods for a “VAT free
price” from other member states. The
fraudster then sells the goods to his customers for a “VAT inclusive
price.”
The
fraudster disappears quickly without remitting the VAT collected from
customers to the tax authorities. The trader is missing by the time the
tax authorities follow up on the
registration with their
regular assurance activities.
For the United Kingdom (UK), missing trader
VAT fraud results in a tax loss up to 2.6 billion British
pounds per year. Acquisition fraud is one type of missing trader VAT
fraud. Acquisition fraud, for example, is when goods are imported from
the EU into the UK by a trader who disappears without completing a VAT
return or Intrastat declaration. The fraudster sells the goods to a buyer
in the UK and the goods are available on the home market for consumption.
Intrastat, introduced in 1993, and Extrastat are two statistical systems
that compile data on foreign trade. An Intrastat declaration is a paper or
electronic statistical report of goods traded between EU member states. It
replaces the discontinued customs document SAD (Single Administrative
Document). An Extrastat declaration is a statistical report of goods
traded between EU member states and non-member countries.
Carousel fraud is the dominant type of missing trader VAT fraud. It's
similar to acquisition fraud in the early stages, but the goods aren't
sold for consumption on the home market. The goods are moved in a carousel
or roundabout pattern as they are sold through a series of companies in
the UK and then re-exported to another member state. The intermediary
companies help to increase the VAT collected, obscure the path of the
goods, and conceal the fraud. Carousel fraud is also called MTIC fraud
(Missing Trader Intra-Community fraud).
David Ruffles, Geoff Tily, David Caplan, Sandra
Tudor, “VAT Missing Trader Intra-Community Fraud: The Effect on Balance of
Payments Statistics and UK National Accounts,” UK Office for National
Statistics, www.statistics.gov.uk/articles/economic_trends/ETAug03Ruffles.pdf,
2003, pages 1 – 20.
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Untraceable Fleet
A fraudulent sales scheme to keep smugglers
supplied with vehicles to transport undocumented immigrants and drugs
north from the U.S.-Mexico border. First, a smuggler pays cash for a car,
van, or enclosed truck at a used-car dealership. Then, the unscrupulous
dealer puts a false name on the vehicle title and creates a fake lien. If
the vehicle is seized by law enforcement near the border, it's returned
to the car dealer because of the lien, instead of being impounded by the
state. The car dealer secretly returns the vehicle to the smuggler, who
pays a “recovery fee” to
the
dealer. Gradually purchasing additional vehicles creates an untraceable
fleet for the smuggler. The scheme is less expensive and less dangerous
for the smuggler than relying on rented or stolen vehicles. Some
dealerships increase their revenue 500 percent by creating untraceable
fleets for smuggling organizations. A tip about an untraceable fleet
scheme led to a two-week crackdown in Arizona and authorities seized 400
vehicles. Car dealers and smugglers were arrested for conspiracy, fraud,
money laundering, and participation in a criminal syndicate.
Donald González
and Yvonne Wingett, “21 Indicted in Used-car Sting,” Arizona Republic,
Oct. 5, 2004, pages A1 and A2.
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Oszustwo
Oszustwo
[o-shoost-vo]
is a Polish word for fraud, deceit, hoax, cheat, or dupery. Oszust
[o-shoost] means a swindler, cheater,
bilker,
imposter, or crook. Oszust also
refers to a mountebank, a traveling huckster who stands on a platform and
sells quack medicines by appealing to his audience with storytelling.
Cygan [tsi-gan] is a Polish word for a liar, fibber, gypsy, or swindler.
Hochsztapler refers to a fraudster or a tinhorn, a person who pretends
to be wealthy, influential, and important, but isn’t. Matactwo [ma-tats-vo]
means legal trickery or deception. Nieuczciwy handel [ne-ooch-chee-vi
khan-del] is the phrase
for unfair commerce or fraudulent trading. Defraudacja is the
Polish term for embezzlement or conversion of funds.
Kuglarstwo
refers to fraud by juggling or sleight-of-hand. Szalbierstwo [shal-byer-stvo] and
nabranie are other Polish words for fraud. A fraud examiner who knows
two or more languages has an advantage for identifying clues, facts, and
solutions.
"Language Teacher
English-Polish Dictionary,” www.poltran.com, May 8, 2005.
ACFE Poland chapter, www.acfe.pl/pl/index.php.
Illustration: www.upontheseboards.org.
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Spim
Spim or spIM is a contraction for spam sent through instant
messaging (IM). A spimmer is the individual or organization responsible
for sending the spim. Spim is perpetuated by spimbots, automated software
programs that harvest IM screen names from the Internet, generate random
screen names, and simulate a human user by sending spim to the harvested
screen names. Spim usually contains a link to a Web site the spimmer is
trying to market. These unsolicited attacks pitch everything from fraud
scams to offshore gambling to knock-off prescription drugs. Computer users
can’t avoid spim because most IM software has no filtering options yet to
reject spim. Spim bogs down computer networks and causes security problems
by transmitting viruses, malware, and spyware. In February 2005, a student
attending college in Buffalo, New York became the first person arrested
for spimming. He allegedly sent more than a million pieces of spim and
threatened to share his methods with other hackers if a Los Angeles-based
company didn’t sign an exclusive marketing deal with him. The LA company
offers chat forums, e-mail, Web logs, matchmaking, and IM services to its
members. The U.S. Secret Service was part of the investigation team. The
teenager could face 18 years in prison for violating the U.S. CAN-SPAM Act
of 2003 (Controlling the Assault of Non-Solicited Pornography and
Marketing Act).
www.webopedia.com/TERMS/S/spim.html, Mar. 3, 2005.
Image: www.pcworld.idg.com.au, May 13, 2005.
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Larry C.
Adams, CFE, CPA, CIA, CISA,
has experience
as a forensic consultant, director of auditing, financial controller,
federal investigator, and regional manager in North America, South
America, and Asia. He publishes the book and online editions of “Fraud In
Other Words.” His Web site is www.larry-adams.com. His e-mail address is
fraudwritr@aol.com.
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ã
Copyright 2005 Larry C. Adams.
All rights reserved.
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This article is in the
July/August 2005 issue of
FRAUD Magazine, the Journal of the Association of
Certified Fraud Examiners.
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