Investigations 0-60

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2017 ALGA Annual Conference CS#16. Investigations 0-60

Investigations 0-60

OPENING REMARKS

Nathan Wiebe Chief of Investigations, Auditor’s Office City of Austin (TX)

Jenna Green Investigation Manager, Auditor’s Office City of Atlanta (GA)

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2017 ALGA Annual Conference CS#16. Investigations 0-60

Investigations 0-60 Nathan Wiebe (Austin, TX) Jenna Green (Atlanta, GA)

Agenda  Write it down  Know your mandate and criteria  Stay in your lane  Get connected  Plan through the lens of criteria  Leverage your resources  Get training  If it is material, and in your jurisdiction, report 4

2017 ALGA Annual Conference CS#16. Investigations 0-60

Allegation or Suspicion

Write it down Know your mandate and criteria Stay in your lane Get connected

Pump the Brakes Plan Leverage your resources

Get training

Plan through the lens of criteria

Due Diligence Investigation

If it is material, and in your jurisdiction, report

Output 5

Allegation or Suspicion Pump the Brakes Plan Due Diligence Investigation Output 6

2017 ALGA Annual Conference CS#16. Investigations 0-60

Allegation or Suspicion

Austin

50% “Hotline Program”

10% Referrals

40% Direct

Our Office Allegations Received 7

Allegation or Suspicion

50% “Hotline Program”

10% Referrals

40% Direct

Our Office Allegations Received 8

2017 ALGA Annual Conference CS#16. Investigations 0-60

Allegation or Suspicion



Poison 



“Caller stated he believed his morning cereal may have been tainted and/ or poisoned and that he needed to know what to do.”

Cakes 



Examples

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

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Allegation or Suspicion



Poison 



“Caller stated he believed his morning cereal may have been tainted and/ or poisoned and that he needed to know what to do.”

Cakes 



Examples

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

10

2017 ALGA Annual Conference CS#16. Investigations 0-60

Allegation or Suspicion



Poison 



“Caller stated he believed his morning cereal may have been tainted and/ or poisoned and that he needed to know what to do.”

Cakes 



Examples

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

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• Free Time

12

2017 ALGA Annual Conference CS#16. Investigations 0-60

Write

it down

13

Allegation or Suspicion Pump the Brakes Plan Due Diligence Investigation Output 14

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #1 – whose mandate

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Pump the Brakes

Questions

? #1 – whose mandate City Charter ….The auditor shall have such duties, responsibilities and staff as determined by ordinance including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits… City Code …The city auditor may initiate, conduct, or expand the scope of an audit or investigation, if the auditor determines that…fraud, abuse, or illegality may have or is occurring..

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2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #1 – whose mandate City Charter ….The auditor shall have such duties, responsibilities and staff as determined by ordinance including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits… City Code …The city auditor may initiate, conduct, or expand the scope of an audit or investigation, if the auditor determines that…fraud, abuse, or illegality may have or is occurring..

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Pump the Brakes

Questions

? #1 – whose mandate City Charter ….The auditor shall have such duties, responsibilities and staff as determined by ordinance including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits…

Fraud, Waste, City Code or Abuse? …The city auditor may initiate, conduct, or expand the scope of an audit or investigation, if the auditor determines that…fraud, abuse, or illegality may have or is occurring..

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2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #1 – whose mandate 

Poison 

“Caller stated he believed his morning cereal may have been tainted and/ or poisoned and that he needed to know what to do.”

19

Pump the Brakes

Questions

? #1 – whose mandate 

Poison 

“Caller stated he believed his morning cereal may have been tainted and/ or poisoned and that he needed to know what to do.”

Fraud, Waste, or Abuse? 20

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #1 – whose mandate 

Poison 

“Caller stated he believed his morning cereal may have been tainted and/ or poisoned and that he needed to know what to do.”

Fraud, Waste, or Abuse?

NO

Poison Control Food and Drug Administration Police

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Write

it down Know your mandate

22

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #2 – whose criteria

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Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

24

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

25

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Fraud, Waste, or Abuse? 26

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Fraud, Waste, or Abuse? Yes

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Investigate?

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Texas Penal Code Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1)it is without the owner's effective consent;

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2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Texas Penal Code Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1)it is without the owner's effective consent;

City Code

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Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Texas Penal Code

POLICE AUDITOR

Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1)it is without the owner's effective consent;

City Code

30

2017 ALGA Annual Conference CS#16. Investigations 0-60

Write

it down Know your mandate and criteria

31

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Fraud, Waste, or Abuse? Yes Investigate?

32

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #2 – whose criteria 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Fraud, Waste, or Abuse?

IT DEPENDS Yes

33

Investigate?

Write

it down Know your mandate and criteria Stay in your lane

34

2017 ALGA Annual Conference CS#16. Investigations 0-60

Write

it down Know your mandate and criteria Stay in your lane

35

Pump the Brakes

Questions

? #3 – whose lane City Code (G) If the city auditor determines that a city employee or official may have violated the law, or may be reasonably anticipated to commit a violation, the auditor shall: (1) consult with and obtain advice from the city attorney; (2) immediately report the suspected violation to the appropriate authority; and (3) if the suspected violation is criminal, notify the appropriate chief prosecuting authority. 36

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #3 – whose lane Auditor

37

Pump the Brakes

Questions

? #3 – whose lane Cakes

Auditor

Law 38

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #3 – whose lane Auditor Law

Pump the Brakes

Cakes

Police/ Prosecutor 39

Questions

? #3 – whose lane Auditor Law

Cakes Police/ Prosecutor 40

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #3 – whose lane Auditor Law

Pump the Brakes

?

Police/ Prosecutor 41

Questions

? #3 – whose lane Auditor Law

?

Police/ Prosecutor 42

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #3 – whose lane Auditor Law

Pump the Brakes

?

Police/ Prosecutor 43

Questions

? #3 – whose lane Auditor Law

?

Police/ Prosecutor 44

2017 ALGA Annual Conference CS#16. Investigations 0-60

Write

it down Know your mandate and criteria Stay in your lane Get connected

45

Pump the Brakes

Questions

? #1-3 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Fraud, Waste, or Abuse? Yes Investigate?

46

2017 ALGA Annual Conference CS#16. Investigations 0-60

Pump the Brakes

Questions

? #1-3 

Cakes 

“Employee is over-purchasing supplies and gifts for worker "Appreciation Parties" and keeping the extra food, supplies, and gifts for personal use.”

Fraud, Waste, or Abuse?

YES

Yes

Investigate?

47

Allegation or Suspicion Pump the Brakes Plan Due Diligence Investigation Output 48

2017 ALGA Annual Conference CS#16. Investigations 0-60

Plan 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

? 49

Plan 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

City Code - § 2-7-62 - STANDARDS OF CONDUCT. (J) No City official or employee shall use City facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

50

2017 ALGA Annual Conference CS#16. Investigations 0-60

Plan 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

City Code - § 2-7-62 - STANDARDS OF CONDUCT. (J) No City official or employee shall use City facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

51

Write

it down Know your mandate and criteria Stay in your lane Get connected Plan through the lens of criteria

52

2017 ALGA Annual Conference CS#16. Investigations 0-60

Write

it down Know your mandate and criteria Stay in your lane Get connected Plan through the lens of criteria City Code - § 2-7-62 - STANDARDS OF CONDUCT. (J) No City official or employee shall use City facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public. Texas Penal Code - Sec. 39.02. ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment. 53

Allegation or Suspicion Pump the Brakes Plan Due Diligence Investigation Output 54

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

55

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

56

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Personnel Records

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Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Public Records Licensing Org.

58

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Internet Search (Linkedin)

59

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Internet Search (Employee’s Real Estate Website) 60

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

61

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Forensics

62

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Forensics

63

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Forensics

64

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Forensics

65

Write

it down Know your mandate and criteria Stay in your lane Get connected Plan through the lens of criteria Leverage your resources

66

2017 ALGA Annual Conference CS#16. Investigations 0-60

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

67

Due Diligence 

Free Time 

“Employee routinely conducting side businesses (real estate) on City time.”

Predication 68

2017 ALGA Annual Conference CS#16. Investigations 0-60

Allegation or Suspicion Pump the Brakes Plan Due Diligence Investigation Output 69

Investigation

70

2017 ALGA Annual Conference CS#16. Investigations 0-60

Write

it down Know your mandate and criteria Stay in your lane Get connected Plan through the lens of criteria Leverage your resources Get training 71

Write

it down Know your mandate and criteria Stay in your lane Get connected Plan through the lens of criteria Leverage your resources Get training 72

2017 ALGA Annual Conference CS#16. Investigations 0-60

Allegation or Suspicion Pump the Brakes Plan Due Diligence Investigation Output 73

Output

• Cakes

74

2017 ALGA Annual Conference CS#16. Investigations 0-60

Output

• Free Time

75

Output

“I am particularly concerned about the auditor making the decision not to report something…” 76

2017 ALGA Annual Conference CS#16. Investigations 0-60

 Write

it down  Know your mandate and criteria  Stay in your lane  Get connected  Plan through the lens of criteria  Leverage your resources  Get training  If it is material, and in your jurisdiction, report 77

Recap

Allegation or Suspicion

Write it down Know your mandate and criteria Stay in your lane Get connected

Pump the Brakes Plan Leverage your resources

Get training

Plan through the lens of criteria

Due Diligence Investigation

If it is material, and in your jurisdiction, report

Output 78

2017 ALGA Annual Conference CS#16. Investigations 0-60

Thank you!!! Questions?

QUESTIONS AND ANSWERS

Nathan Wiebe Chief of Investigations, Auditor’s Office City of Austin (TX)

Jenna Green Investigation Manager, Auditor’s Office City of Atlanta (GA)

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