The
Cost of Due Diligence - Can You Afford Not to Know?
Fraud is on the rise in a
variety of areas. It can affect you and your business
financially, damage your good reputation, and cause you to lose
profitable opportunities. As the sports axiom goes, "The best
defense is a good offense." CTC can provide you
with the information you need to protect your quarterback,
your assets, your company.
Financial Loss It
can be as quick as the loss of your initial investment, or as
draining as large legal fees incurred over several
years.
- The President of a
telecommunications company was approached by an
investor. The investor at first offered the money
with few strings attached, other than one-third of the
voting stock and a percentage of the return. The
President began trusting the investor, who became
increasingly interested in the company, and gave him
access to a wide variety of information. Later, the
President found out the investor had illegally transferred
stock out of the name of the President and into his own
name, and then used his new stock to launch a hostile
takeover of the company; he then took the company into
bankruptcy. After months of litigation, the
President agreed to pay the investor $3 million to get the
company back. Although the President has now
regained control of his company, he has paid the $3
million to the investor plus $3 million in legal fees, and
the litigation is ongoing. The company is still
under Chapter 7 bankruptcy.
- A start-up company seeking
financing met with several venture capitalists.
Three of the firms were well-known and well-established;
the fourth was a young company staffed by individuals who
had worked for the more established companies, but which
did not yet have a track record. The start-up was
attracted to the young capital firm because it agreed to
better terms than the competitors and because they liked
the idea of helping another young firm. The capital
firm first requested $5,000.00 in application fees from
the start-up, explaining that it was a customary part of
conducting business and that the up-front money would be
"rolled in" to the amount provided to the
start-up. The young venture capital firm continued
to ask for application fees and processing fees, always
providing documentation from the bank or other
investors. The start-up also funded several trips
for the principals of the capital venture firm.
After the start-up paid almost $50,000.00, the venture
capital firm disappeared. It later turned out that
none of the individuals in the venture capital firm had
any financing experience and (of course) none of the money
ever went towards raising capital. The principles in
the start-up were forced to take second mortgages on their
homes to keep the company alive.
- A perfume company executive
received an anonymous tip saying one of the high-ranking
individuals in the company was stealing inventory and
reselling it to a discount perfume outlet. The
President hired CTC to look into the possibility of
theft. Several months later, CTC found a small
discrepancy in an inventory list for a particular
warehouse, which led us to larger inventory
problems. Ultimately, CTC uncovered the theft of
large amounts of perfume from the warehouse by one of the
Vice Presidents who had been hired into his position after
the perfume company acquired his smaller perfume
company. The President estimated the cost of the
loss in the several millions of dollars.
- A pharmaceutical company
which had spent millions of dollars and more than six
years developing a drug hired a research scientist when
the project was in the final stages. The scientist
was US-educated and was considered well-respected in his
field. Shortly before the drug was scheduled for
large-scale production, South Korea announced it had
developed a similar drug and would be going into
production one week before the US firm. The
pharmaceutical company later learned that the research
scientist had provided all the proprietary information on
the drug to the South Koreans for $75,000.00.
Reputational Destruction A
damaged reputation is at least as devastating as financial
loss, and it can be much more difficult to recover.
- A high-tech company hired a
Vice President who came with stellar
recommendations. Approximately six months after he
was hired, the VP announced a large sale to a Japanese
company and an extensive partnership with a European
company. To fill the Japanese order, the VP rushed
production and ordered workers to skip steps, resulting in
a product with several problems. The Japanese
returned the products and issued scathing statements about
the company. At the same time, the European company
announced that it had no knowledge of a partnership.
Because of the poor quality of the sale to the Japanese,
the company lost its existing contracts and had to file
for bankruptcy protection. The company was further
hurt by a federal investigation into stock manipulation as
a result of the European announcement. Although the
other executives in the company were found innocent of all
charges, the top three individuals have been unable to
find employment elsewhere or obtain funding to start
another company because of their association with shoddy
workmanship and stock manipulation.
- A cleaning
company won a contract to clean the offices of a computer
company that had several government contracts. The
computer company received a telephone call from the US
government saying someone had attempted to access a secure
government website from the computer company
offices. CTC's investigation revealed that a member
of the cleaning crew had "hacked" into a
relatively unsecure website which contained a list of
passwords, and then had attempted to use the passwords to
reach other, more classified sites. Because of the
breach of security, the computer company lost its
government contract, and has been told "off the
record" that it will not be considered for future
contracts.
- A medical company hired a
new president. He had 25 years of experience in the
medical field, and was a specialist in medical
implants. Five years after he had been employed, one
of the implants produced by the company caused severe
damage in a patient, and the AMA launched a large-scale
investigation of the company. The investigation
found that the president had attended only one year of
medical school, and had actually falsified his credentials
and his experience; because he had claimed to graduate fro
medical school in the late 1950s, it had been difficult to
track his claims. The medical company suffered
serious financial losses due to malpractice suits, but
more devastating was the loss of all credibility in the
field of medicine. Even products not associated with
the new president were taken off the market because of
their association with the disaster.
Lost Opportunities
- A utility company learned
that the Government of Mexico was looking for a US
partner. The utility had little experience in
Mexico, so they hired a Mexican consultant whose résumé
included ties to the Mexican ruling party and a
high-ranking position in the state-owned utility
company. The consultant was paid a salary plus a
bonus if the US utility won the contract. After six
months of intense negotiations, the Mexican government
decided to work with a different US company.
Although disappointed, the US utility company believed
their consultant had negotiated in good faith, to the best
of his ability, and that the Government of Mexico simply
chose someone else. Several months later, the US
utility company learned that the Government of Mexico had
never even considered them, because the government had
never received their proposal. The consultant had
provided written reports and other extensive documentation
that made the company believe he was actively pursuing
their interests, but he was actually using the trips as
paid vacations and had taken the salary without conducting
any business for the utility. Despite the loss of
funds paid to the fraudulent consultant, the executives at
the US utility believe that the largest cost was the lost
opportunity of the contract with Mexico.
- A more common example
involves interviewing two strong candidates for an
important position. The company hires one, without
doing their due diligence. At a later point, the new
employee causes some problem and his résumé
falsifications are uncovered. The company would like
to go back and hire the other candidate, but he has
already been acquired by another firm and is no longer
looking to leave his current
employment.
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