Australian Govlink Issue 2 2018 | Page 20

18 E-COMMERCE PROCUREMENT FRAUD Procurement fraud comes in several different guises and like many deceptions practiced within e-commerce it has existed long before the internet was even thought of. Procurement fraud can be defined as the manipulation of an established process to acquire goods or services with a view to obtain an unfair advantage (financial or otherwise). The main areas of procurement fraud consist of:- • Phantom Vendors – Phantom vendor fraud describes the process whereby an employee establishes a fictitious vendor and submits invoices for payment. Inside knowledge is used to keep payments amounts under set review parameters to ensure that the invoices are not subjected to scrutiny or passed upwards to higher management. The fraud often involves collusion with friends and family of the perpetrator in an effort to distance the connection to the dishonest employee. • Collusion between vendors and employees (Kickbacks) – This fraud involves an employee misusing their position to award contracts or purchases/ engagement for services to vendors in return for personal gain. Personal gain may be financial, employment for family, personal discounts, and other gratuities. These kickbacks are often absorbed by the vendor by inflating invoices submitted or substituting products used in a process for ones of a lesser quality. GOVLINK » ISSUE 2 2018 • Duplicate Payments – Duplicate payments processed for a service or goods without any justification for that second payment. Again this fraud requires collusion between procurement staff and the vendor. • Tender Rigging – An area where I often hear rumbling from disgruntled vendors where there exists an implication that the awarding of a tender for a project was won by a less deserving vendor. We all understand the disappointment of missing out on a tender, especially given the amount of work required to prepare and submit, and human nature lends itself to looking for a reason why you were not successful. Suspicion runs high when you see a vendor that you feel less capable being awarded the contract. Unfortunately there exists a perception that certain vendors receive favourable advantage from the calling body and open source data available on the internet shows that the tender process has been manipulated time and time again. These manipulations include awarding contracts to vendors with family connections, the businesses of acquaintances, the release of information to one vendor concerning opposition tenders so that their tender is more likely to be favoured and even the awarding the tender on the basis of race, • Collusion amongst vendors within an industry (Bid Rigging) – This exists as a form of collusive price fixing behaviour by which businesses co-ordinate their bids within the procurement process so that one member of the cartel of collusive businesses wins the contract. The ACCC defines the types of bid rigging as:-