Showing posts with label procurement. Show all posts
Showing posts with label procurement. Show all posts

Sunday, August 4, 2013

Fox News: UN's messy, billion-dollar peacekeeping air charter business hugely unfavorable to US


Click here to read this in full @: http://www.foxnews.com/world/2013/08/01/uns-messy-billion-dollar-peacekeeping-air-charter-business-hugely-unfavorable/

Four years after United Nations auditors declared that the U.N.’s  billion-dollar program for moving people and equipment on peacekeeping charter flights was a  mess, the world organization still spends too much to rent airplanes and helicopters, still favors a few suppliers of equipment over those who might want to bid for the work, and still doesn’t have the tools to keep track of its sprawling and overpriced system.

Moreover, an examination by Fox News of U.N. procurement records shows that the results of the deeply flawed air charter system are hugely unfavorable to the United States, which pays by far the largest chunk of the U.N.’s peacekeeping budget.

A follow-up audit to the one released in 2009 also shows that  U.N. agencies largely failed to do what the watchdogs recommended in order to fix the system, although the U.N. is apparently scrambling to straighten out some of the problems now. Result: many of the same bad practices are still occurring.


Read more: http://www.foxnews.com/world/2013/08/01/uns-messy-billion-dollar-peacekeeping-air-charter-business-hugely-unfavorable/#ixzz2b0Yrct1X

Wednesday, March 6, 2013

SCANDAL : UNDP trust fund agency allowed procurement fraud in Afghanistan

Click here for this in full @ KHAAMA.COM : http://www.khaama.com/un-trust-fund-agency-allowed-procurement-fraud-in-afghanistan-2232?keepThis=true&TB_iframe=true&height=600&width=900&caption=UN+trust+fund+agency+allowed+procurement+fraud+in+Afghanistan

According to an internal U.N. report, the United Nations agency that administers a trust fund bankrolling Afghanistan’s police allowed procurement fraud to flourish for several years.

The report seen by The Wall Street Journal, which hasn’t been made public, casts new light on possible mismanagement at a U.N. office that has channeled billions of dollars into the country since 2002.

The international community’s role in Afghanistan has also been under the question following the report amid delicate moment when U.S. and international troops are departing next year.

LOTFA, the Law and Order Trust Fund for Afghanistan which is administered by the UN Development Program is at the issue which covers payroll and benefits for the Afghan National Police.

Around $2.5 billion has reportedly been delivered by Lotfa which was established in 2002 to help bankroll and build the Afghan police force.

This comes as the international moitors last year raised concerns about suspected fraud at the fund, allegations first reported by The Wall Street Journal.

Lotfa had previously been touted as a model for international assistance however the reports casued a major credibility problem for the UN in Afghanistan. The European Union at that put tens of millions of dollars in anticipated donations on hold amid the investigation.

The United Nations Development Program sent a high-level team last year to review the management of the program which confirmed last December procurement fraud.

The report declared some Lotfa staff colluded with suppliers to inflate the cost of contracts over several years. More important, it pointed to wider problems with the management of the UNDP country office.

A number of the staffers were dismissed by UN after an internal investigation was launched despite UNDP initially denied the allegations.

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Friday, January 11, 2013

SCANDAL: Liberia: UNMIL's Double Deals Expose (pt-1)

Click here to read this in full @ All Africa.com: http://allafrica.com/stories/201301080482.html


Several audit documents relating to various transactions within the United Nations Mission in Liberia (UNMIL) have revealed lack of transparency and double dealings within the Mission.

The various audit documents which date back from August 2009 through to June 2012 covers various audit periods from 2007 to 2012 outlining flaws within the selection and awarding of contract.
In most instances, the audits revealed that senior officials ignored the UN's stipulated guidelines and procedures in awarding or selecting a vendor for a particular contract.

UNMIL has since accepted most of the recommendations made by auditors suggesting that these double dealings had unfolded in the system over a protracted period.

According to the auditors, in some cases, officials at the UNMIL's Procurement Section would encourage vendors of their choice to submit bids after the closing date, and days after technically accepted vendors have been identified.

This scenario was captured in the October 29, 2010 audit report which covers the period June 1, 2008 to March 31, 2010.

This audit review 22 contracts with values ranging from US6,000 to US80 million.
The total expenditure related to local contracts for UNMIL during the fiscal year of 2007/2008 and 2008/2009 was 43, 851, 839 and 38,002 852 respectively.

In one of the 22 sampled contracts during the period under review, the contract(8MIL/CON/298) for vehicle maintenance with a initial not to exceed amount of US120,000 was awarded to a vendor who was requested by the Procurement Session to submit a bid after the bid closing date and after three vendors had been identified.

Interestingly, although the UNMIL officials at the Procurement Session had convinced the local committee on contract that the two vendors who were approached to submit bids after the closing date were the authorized dealers of the vehicles used by UNMIL, the job was subcontracted to one of the vendors who had earlier been identified by the one drafted in by UNMIL procurement officials.
The audit made reference to another instance where officials flouted the UN's Financial Rule 105.16,by requesting a Ghanaian vendor to apply for a contract that was meant for local companies. The UN Financial Rule 105.16 allows exception to formal solicitation only where there is no competitive marketplace for the requirement.

But during the request for expression of bids for one of the contracts under review, the expression of interest for the maintenance of generators with an initial not to exceed amount of US713,940 was advertised here in the local newspaper because it was a local procurement.

However, auditors discovered that the vendor who won the bid and was awarded the contract (Contract No. 8MIL/CON/292) was from Ghana. The vendor, the auditors said was invited by an official of UNMIL and was requested by the said official to provisionally register his company.
The UN Procurement Manual provides that at the request of a procurement officer, a company maybe provisionally registered in the Vendor's Database by the Vendor Database Officer, but in many instances the procurement officers did the provisional registration instead of the Vendor Database Officers.

Click here to read this in full @ All Africa.com: http://allafrica.com/stories/201301080482.html

Wednesday, October 3, 2012

While George Soros certifies UNDP as top-10 most transparent in the world - @InnerCityPress's Matthew Lee publishes more audits on LOTFA - Afganistan

Click here to read this at InnerCityPress:  http://www.innercitypress.com/auditpad1undp100212.html

Afghan UN Audits Find Contracts on Blank Paper, Musical Mispayments 

By Matthew Russell Lee, Exclusive

UNITED NATIONS, October 2 -- Since June Inner City Press has published a series of internal audits of irregularities in the UN Development Program's Law and Order Trust Fund for Afghanistan. The UN's outgoing Afghanistan deputy Michael Keating told Inner City Press,"we need to be more explicit in acknowledging... the risks that are inevitably there with a program of this size and complexity and not try to hide those risks." Video here, from Minute 11:07.
 
   But now another troubling audit has come in from sources to Inner City Press, of UNDP's policy and advisory development Letters of Agreement in Afghanistan; two pages are being exclusively published today by Inner City Press. 

   The problems are myriad: money paid to the wrong Afghan ministry (in one case, to the Institute of Music instead of to the Ministry of Education); contracts on blank paper without letterhead at the Ministry of Foreign Affairs; no oversight, no required audits. Click here for Page 1 of this audit; click here for Page 2.

  Back on September 20, Inner City Press asked the UN system's top envoy to Afghanistan Jan Kubis about the series of audits of the Law & Order Trust Fund for Afghanistan published by Inner City Press over the past three months; he said there will be a public accounting. Video here, from Minute 3:37.

   This is more than Inner City Press has received from UNDP, which has sent a few responses but no direct comment on the exclusively published leaked audits. 

   Inner City Press asked Kubis about a letter the European Union sent to Kubis about the scandal, which Inner City Press put online here.

  Kubis said that the EU states are more and more convinced that the necessary steps are being taken by UNDP. He said the auditing of LOTFA is going on, but a midterm review will give rise to general public information.  But when?

    Inner City Press exclusively published three more audits. In LOTFA "Observation 19," the auditors drily note:

"During the course of our physical verification of assets, we noted that some of the assets, which were appearing in Statement of Assets, were not physically present."

  This diplomatic "not physically present" phrase, if accepted, would have a good future on all manner of criminal defense. 
 
In Observation 18, the auditors state that "during the course of our audit we noted certain instances where purchase orders were not raised in respect of procurement of goods," including over $300,000 for the purchase of Toyota vehicles.

   Observation 17 "note[s] instances where evidences of required approvals by Special Procurement Commission were not available with the contracts" and "recommends that the provisions of the Afghanistan Procurement Law should be complied" with. Ya don't say.

  Beyond this UN system corruption, there is a more serious debate about the proposed spending on constructing a new electoral roll -- would it be done fairly for all groups and how much would it cost. This question could not be asked - Kubis had a flight to catch.
 On his way out he told Inner City Press that the electoral issue, and how the 19% budget cut to UNAMA is being (mis?) implemented, would still be issues when he comes to the UN next time. We aim to be here, and to ask. And now the UN Security Council is considering traveling to Afghanistan. Watch this site.

Click here to read this at InnerCityPress:  http://www.innercitypress.com/auditpad1undp100212.html

Saturday, September 22, 2012

SCANDAL: In Somalia, UN charcoal purchases could be funding Al Shabab terror group

Read this story in full at MINNPOST:  http://www.minnpost.com/christian-science-monitor/2012/09/somalia-un-charcoal-purchases-could-be-funding-al-shabab-terror-gr




United Nations contract to buy charcoal for African Union troop kitchens in Somalia is believed indirectly to be funding the country's Al Qaeda-allied Islamist army, The Monitor has learned.

Al Shabab pays for weapons and fighters with the monthly $1.25 million it earns from taxing traders and from the export of charcoal, trade that was banned by both President Obama in July and a UN Security Council Resolution adopted in February.

The business has become the group’s “most lucrative source of income,” according to the UN Monitoring Group on Somalia and Eritrea.

Since April, the UN has been buying 52 tons of charcoal a week for the kitchens of peacekeeping forces in Mogadishu, and one Somalia expert says it is “highly unlikely” that the deal is “not at least indirectly benefiting” the terrorists.

The contract, worth close to $1 million annually, also directly spurs the destruction of southern Somalia’s last remaining tree cover, worsening conditions that cause drought.

The deal began in April, said the United Nations Support Office for AMISOM (UNSOA), the African Union peacekeeping mission in Somalia, meaning more than 1,100 tons of charcoal has so far been delivered and an estimated 5,500 trees have been felled.

A spokesman for UNSOA, headquartered in Kenya, said he was “unable to confirm” that supplies did not come from Kismayo, Al Shabab’s remaining stronghold and the epicenter of Somalia’s charcoal trade.
AMISOM forces this week closed in on the port city ahead of an expected offensive to push the Islamists out. Senior commanders are said to have fled already, and 10,000 civilians have also left, the UN High Commissioner for Refugees reported Friday.

The Monitor has seen an UNSOA purchase order for $17,722.50 for 52,125kg (about 115,000 lbs.) of charcoal due for delivery on Aug. 31, among the most recent of the deliveries. It was to be sent to Ugandan and Burundian peacekeeping troops based at Mogadishu’s airport and its university. The two countries’ soldiers make up the majority of AMISOM’s 17,000-strong contingent in Somalia.

The Aug. 31 delivery was to be supplied by Mogadishu Stars General Trading Company Ltd., a Somali-owned firm headquartered in Dubai with offices in Kenya and Somalia. The UN has reported that two of the firm's managers, Mohamed Ali Warsame and Abdulrazak Ali Warsame, have close connections to a Somali businessman associated with Al Itihaad Al Islaami, an earlier Somali militant group linked to Al Qaeda.

A manager at the firm’s Nairobi office denied that supplies for the UN tender came from Kismayo, saying that they were “sourced from around Mogadishu.”
But Al Shabab earns money not just from direct links to charcoal traders but also from taxing charcoal trucks as they pass through areas under Islamist control.

“It’s highly unlikely that Shabab will not at least indirectly benefit from this contract,” said Andrews Atta-Asamoah, Horn of Africa analyst for the Institute for Security Studies in South Africa. “It’s not possible for that much charcoal to come from areas the government controls. Even if Shabab is not directly selling the charcoal, once money enters the system in south-central Somalia, Shabab always takes its share.”
The amount of charcoal being produced to fulfill the contract would mean traders felling at least 250 trees a week, according to ecologists’ estimates.
Deforestation for charcoal burning is seen as one of the major causes of drought, which has left 2.1 million Somalis still in need of international help. Last year, parts of the country were struck by famine.

It is for this reason, and because the trade benefits for Al Shabab, that the UN Security Council adopted resolution 2036 during the London Conference on Somalia in February, which banned the export of charcoal from Somalia and its import into other countries. 

In part the resolution stated, “charcoal exports from Somalia are a significant revenue source for Al Shabab and also exacerbate the humanitarian crisis.”
President Obama in July ordered sanctions to be enforced against anyone involved in the export or import of Somali charcoal.

Domestic trade within Somalia is, however, exempt from both the UN ban and the US sanctions, meaning that the UNSOA order is legal under the resolution’s terms. “Our delivery does not contravene the ban,” Simon Davies, UNSOA’s spokesman in Nairobi, told the Monitor.

“Nonetheless, we are acutely aware of the negative impact of the trade in charcoal and have been pro-actively working to transition AMISOM to other fuels. All AMISOM contingents are traditionally used to cooking with charcoal and we have had to make a deliberate effort to change that.”

It was the supplier’s responsibility to source the charcoal, and “I’m unable to confirm whether this charcoal comes from Kismayo or not,” Mr. Davies added.
“UNSOA utilizes a common UN vendor tracking database to assess risks associated with doing business with individual vendors. UNSOA also consults with other UN bodies as part of procurement due diligence,” he said.

“These are the primary means available to us in our effort to limit the chances of inadvertently funding Shabab. Regardless, our immediate near-term goal is to phase out AMISOM use of charcoal entirely by October, thereby eliminating risk.”

Read this story in full at MINNPOST:  http://www.minnpost.com/christian-science-monitor/2012/09/somalia-un-charcoal-purchases-could-be-funding-al-shabab-terror-gr

Thursday, February 17, 2011

PWC SCANDAL: the greater sin

COMMENT:

It is surprising that OIOS did not discover the greater sin. If OIOS had actually done a more thorough job, they would have noticed that PWC owns the source code of IMIS, the UN’s current financial / accounting platform that Umoja will, some day, purportedly replace.

It should have become apparent to any one reviewing the procurement action in which PWC participated and apparently won that its ownership of IMIS placed PWC in an irreconcilable conflict of interest.

For PWC as an integrator of Umoja PWC has a vested interest in Umoja not getting implemented any time soon since every day of delay in its roll out is an additional day that the UN stands to pay for license fees to PWC for IMIS.

Thursday, February 10, 2011

CORRUPTION: U.N. Deal With PwC Is Faulted In Audit

United Nations officials made "serious breaches" of U.N. rules in awarding PricewaterhouseCoopers with a multimillion-dollar consultant contract on a project to overhaul the U.N.'s computer system, according to a U.N. audit reviewed by The Wall Street Journal.

The audit report from the U.N.'s Office of Internal Oversight Services contends there were numerous ways in which the U.N. procurement department and the U.N.'s project director skirted U.N. regulations to favor PwC over other bidders.

The report argues that PwC's approximately $16 million contract bid was nearly $11 million higher than the lowest bid and exceeded the $11 million the U.N. had allocated for the project. The project, known as Umoja, involves a redesign of the U.N. procurement, human resources and financial management computer systems.

The project's director, Paul van Essche, and the U.N.'s procurement department declined a request for comment.

PwC wasn't awarded the contract on its overall financial bid but on a proposed day rate, the report says. But U.N. procurement files do not show the final agreed number of days needed for the project, making it impossible to determine the estimated cost to the U.N., the report alleges.

"PwC is serving as the design consultant to the Umoja project and was engaged through the U.N.'s standard procurement process," a PwC spokeswoman said. "The firm complied with the U.N. procurement process and is not aware of any violations." The spokeswoman said she could not go into more detail because of client privilege.

The report provided responses from procurement officials, who said the selection panel had the required experience needed to choose PwC and that requesting a best final offer would limit its ability to negotiate with a bidder. They also said no spending ceiling—required by U.N. regulations—was put in the contract to keep PwC from knowing how much funds the U.N. had available.

The U.N. has hired PwC numerous times in past years. In 2007, the firm was employed to confidentially review the financial disclosure statements submitted by U.N. staff. In 2005, the company donated 8,000 hours of staff time to investigate any abuse of donor aid following the Indian Ocean tsunami of the previous year.

The U.N. procurement department has been hit with a series of scandals in recent years. One procurement official was convicted in 2007 on bribery and fraud charges for giving contracts worth millions of dollars to a friend for money and a sweetheart deal on two luxury apartments. Another pled guilty in 2005 to taking $1 million dollars in bribes from foreign companies seeking U.N. contracts.

Write to Joe Lauria at newseditor@wsj.com

Tuesday, March 24, 2009

Krishan Batra - the SATYAM insider at UNDP inflated the number of SATYAM Employees contracted by the organization

Krishan Batra - the Chair of UNDP Procurement task force - has allowed that SATYAM - who is a UNDP contractor to divert hundreds of thousands of dollars from the United Nations Development Programme through inflating the number of employees who withdraw cash (monthly salaries) from UNDP. 

SATYAM - an indian software company has been contracted by UNDP, despite the fact that they were debarred from doing business with World Bank since 2007. 

Many of UNDP Staffers who work along SATYAM employees at IT Unit declare that the "Satyam guys are never here and even when they come to work they are always less numbered than the contract has determined". 

But when the monthly contractor performance evaluation is made, SATYAM declares full bill and UNDP Administration Unit always "pays in full".

Another disturbing element is that SATYAM employees who were/are supposed to work for UNDP have entered the United States territory with G4 visas as United Nations Contractors. While sources report that many of these employees undertake other contracts as well outside the UNDP, while allegedly they are suppose to work full time for UNDP.

Sources say that in the last week, Krishan has been extremely busy in trying to clean up all documents related to SATYAM. Also sources say that he has been three times in the last two weeks in contact with Human Resources as well as Comptroller on Satyam.

It's impossible to understand why UNDP would allow such actions from Krishan Batra, unless someone in high administration is making a direct profit from it. 

We call on OIOS and Investigation Unit to Immediately investigate all the above. 


KRISHAM BATRA IS CORRUPT: Selective Insurance, the latest Satyam customer seeking exit

HYDERABAD: Selective Insurance Group, one of the biggest property and casualty insurers in the US is seeking to replace its outsourcing contract 
with Satyam Computer Services. 


In a report filed with Securities and Exchange Commission (SEC) last month, Branchville, New Jersey-based insurer said that Satyam accounts for almost a quarter of the company’s IT work. 

“We believe we would be able to manage an efficient transition to a new vendor and not experience a significant negative impact to ouroperations in the event that we no longer retain Satyam in their current capacity due to the financial issues they are currently experiencing,” the company said in its regulatory filing. 

As reported by ET recently, around 46 customers have either completely exited, or are in the process of moving their outsourcing contracts from Satyam to rival tech firms such as IBM, TCS, Wipro, Infosys and Accenture. 

Potential bidders for Satyam such as Tech Mahindra, L&T, Spice and several private equity firms are readying their strategy for taking over a majority stake in Satyam, and their financial bids will depend a lot upon the amount of business Satyam has from around 695 existing customers, last reported during company s financial results for quarter ended September last year. 

Tuesday, February 10, 2009

Inside the secret world of auditing - SATYAM

PwC’s unqualified opinions of Satyam’s financial statements were materially false and misleading… as an accounting expert which consented to the use of its unqualified audit opinions, PwC is liable for the material misrepresentations or omissions…

Excerpt from a Class Action Complaint against Satyam, Ramalinga Raju, Rama Raju, Srinivas Vadlamani and PricewaterhouseCoopers filed in a US district court

After investment bankers, it’s the turn of auditors at the big four accounting firms to become the public’s favourite whipping boys, not just in India but all over the world. After PricewaterhouseCoopers’ (PwC) apparent peccadilloes in the Rs 7,000-crore Satyam fraud, the accounting firm whose brand has been present in India for over 100 years has come in for some serious pounding, globally. But even as a huge question mark hovers over the future of PwC in India, the Great Raju Robbery has succeeded inevitably in dragging the other three that make up the Big Four—Ernst & Young (EY), Deloitte and KPMG—into the mire.

Do you know

1. That two of the Big Four auditing firms entered India as management consultants

2.Indian laws don’t allow foreign auditing firms—directly

3.The Big Four’s audit work is done by local partners

4.Audit business for most is smaller than non-audit business

5.The global firms own no stakes in local units

6.Local firms can leave one umbrella and enter a rival one

To be sure, it didn’t need a fraud in India to provide an opportunity to take the accountants to the cleaners. Every accounting fraud—and there are plenty of them globally—is greeted with ridicule being heaped on this fraternity. And it’s not just restricted to the Big Four. The US arm of BDO International, the world’s #5 accounting firm (which in India has an -affiliation with Haribhakti & Co.), has to pony up damages of $521 million awarded against it for a negligent audit. A month ago, three of the Big Four—PwC, KPMG and EY—were dragged into Bernard Madoff’s alleged $50-billion fraud—they were all auditors of the feeder funds that channelled money into the accounts of Madoff’s New York brokerage. And let’s not forget Deloitte, which as the external auditor to GM in the US, was dragged into an accounting fraud allegedly perpetrated by the automobile giant. Deloitte stood accused of falsely certifying GM’s accounts—the Detroit major had apparently accelerated the booking of income between 2002 and 2006.

Along with such headline-grabbing instances of alleged misconduct, the accounting fraternity isn’t exactly adored because these pinstriped suits are perceived to live lives of extravagance—not too different from fat-cat investment bankers. What’s worse, at least from the public’s view point, is that nobody knows exactly how they make that money. Few, in fact, know about what accounting firms do, the precise role of auditors, how the Big Four function globally (they aren’t like any typical multinational operation), how they are regulated, and what else do they do besides auditing company books (plenty more, as it turns out). In the next few pages, Business Today attempts to lift the lid off the mystery that shrouds accounting firms—particularly the Big Four—and find out what makes them tick… and what makes them not tick.

Let’s start at the very beginning: How real is the global network of the Big Four? Do they function seamlessly as one firm?

The big four accounting firms are actually hundreds of firms held together with the glue of knowledge, economics and brand— or so we’re told. They operate under an umbrella brand and a global company that promotes the brand, and researches and coordinates between the member firms (as they are usually known). EY and PwC have their coordinating firm in the UK, while Deloitte and KPMG have their coordinating companies in Switzerland. There are no cross-holdings and ownership is always with the local seniors. These firms or companies—as the structure may be—are owned by partners who become co-owners or shareholders as they go on to become senior members of the organisation. These are largely unlimited liability partnerships and even if some of the firms are limited liability companies, the senior members who become shareholders are still designated as partners.

Globally, the Big Four clock almost $100 billion in revenues and employ close to 5.8 lakh people. In India they are minuscule—less than $1 billion (around Rs 3,500 crore) and employ around 21,000 people.

Other than access to methodologies, training and quality standards, as Jairaj Purandare, Executive Director, PwC, points out, the Indian affiliates get access to the firm’s global clients when they do business in India. However, the One Firm concept becomes a double-edged sword when a local affiliate is pulled up for accounting wrongdoings. For instance, PwC will have to face the heat in the US because of its Indian firm’s involvement in the Satyam fraud (that Satyam is listed on the New York Stock Exchange opens it to a string of Class Action Suits).

How does the Big four work in India?
The Indian rules, revised in the mid-1980S with an eye on the world Trade Organisation (WTO) negotiations on opening up of services, do not permit the Big Four—or any multinational audit or accounting firm—to be registered in India as auditors. So two of them—EY and KPMG—are actually registered in India as management consultants; PwC registered two firms as Price Waterhouse (PW) and Price Waterhouse & Co. back in the pre-Independence era and Deloitte had registered one firm under the name Deloitte Haskins & Sells in 1978 before these rules came into force. That may explain why the audit business of the Big Four is smaller than the rest of their operations—advisory, corporate finance and tax. Audit (assurance in accounting jargon) is conducted by local audit firms who are part of the respective networks of the Big Four (for example, S.R. Batliboi does it for EY, A.F. Ferguson and C.C. Choksi for Deloitte, BSR for KPMG and PW and Lovelock & Lewes for PwC). The chartered accountants and audit firms in India are regulated by the Institute of Chartered Accountants of India (ICAI) and, therefore, the Big Four must have as local members firms registered in the name of local chartered accountants. All the audit work is handled by the local firm, which supposedly follows global standards. The global brand is still not allowed to be used in the audit business. The ICAI, for its part, sees the MNCs’ entry into India as a backdoor one. “To go and seek auditing work as an international firm and then sign the balance sheet as an Indian firm can’t be tolerated,” says Ved Jain, the outgoing President of the ICAI. The PwC-Satyam saga is being used as a pressure point to negotiate in the WTO, a reciprocal access for Indian auditing firms to the US, the UK and to other countries in return for opening up India to the Big Four.

Audit firms in India were recently allowed to advertise their services, but they’re still prohibited from marketing their services. Audit in India is a smaller business for the Big Four. It brings in anywhere between 25 and 40 per cent of their Indian revenues. Also, these firms operate through multiple entities as the the Indian Partnership Act of 1932 doesn’t allow one body to have more than 20 partners. The new law on limited liability partnerships passed in December 2008 will ease this barrier on number of partners and clear the path for less-complicated structures.

So, what’s so special about the Big Four; Are they really superior to the others—local or global?
The big four are not as yet that big in India. However, they love to talk about their sophisticated methodologies, training systems and quality standards. And, they claim to be particularly choosy when picking clients. “Often, many clients themselves withdraw when they hear about our requirements and processes,” quips Sunil Chandiramani, Partner, EY. Adds Rajiv Memani, Country Managing Partner, EY: “There is an effective system of quality control, which includes policies, tools and procedures that are in place to support people in carrying out quality work.” But most importantly, it’s the globally recognised brand of the Big Four that Indian companies— especially those with global linkages—find more useful.

What are these practices that ensure quality in statutory audits?
Evidently, there are many. let’s begin with partner rotation: This entails that the same ‘lead engagement’ partner is not involved with the listed audit client for more than five years. With some clients, partners are rotated every three years. Then, there’s the independent partner review, whereby all audits of listed clients go through a review by a second partner; this could be followed by a ‘Hot Review’; before the audited accounts are submitted to the company’s board, many a time a quick desktop review is done by an independent technical team to check if all presentations and disclosures are appropriate. There’s also an ‘audit quality review’, or AQR, which firms like EY follow; this is a review of a large number of audits by visiting partners and senior managers from member firms worldwide, with local support.

Points out Roopen Roy, Managing Director of Deloitte’s consulting arm: “Deloitte Touche Tohmatsu’s rules, in most cases, are ahead of and exceed the standards set by the regulators.” 

From big eight to big four
A long time ago, they were the Big Eight...

1. Arthur Andersen

2. Arthur Young & Company

3. Coopers & Lybrand

4. Ernst & Whinney (until 1979,Ernst & Ernst in the US and Whinney Murray in the UK)

5. Deloitte Haskins & Sells (until 1978, Haskins & Sells in the US and Deloitte Plender Griffiths in the UK)

6. Peat Marwick Mitchell (later Peat Marwick)

7. Price Waterhouse

8. Touche Ross

… then there were six… In 1989, Ernst & Whinney merged with Arthur Young to form Ernst & Young; and Deloitte, Haskins & Sells merged with Touche Ross to form Deloitte & Touche

… which came down to five… In July 1998, Price Waterhouse merged with Coopers & Lybrand to form PricewaterhouseCoopers

….and now, they're the Big Four (So Far) In 2002, Arthur Andersen, auditors to Enron (which collapsed), was indicted for obstruction of justice (although the verdict was later overturned). This led to its country practices round the world being sold to the Big Four (mostly EY).

... who are #5 and #6? BDO and Grant Thornton are globally #5 and #6—often they switch positions. Grant Thornton is present in India through Walker Chandiok & Co. and BDO through BDO Haribhakti & Co.



So, why aren’t these practices good enough to ensure against fraud?
The favourite maxim of the accounting fraternity is: “We’re watchdogs, not bloodhounds.” ICAI’s Jain quips: “When we were young, we were taught that an auditor is someone who is groping in the dark for a cat that is not there.” Well, in the Satyam case, to paraphrase an excerpt of Raju’s confession, there wasn’t a cat but a marauding tiger at work. How did the auditors fail to catch a glimpse of it? Says Vishesh Chandiok, Managing Partner of Grand Thornton in India: “A collusive management fraud is extremely hard to detect and an audit is not planned or performed with that objective.” Agrees Tridibes Basu, Partner, S.R. Batliboi: “Fraud is particularly difficult to detect in cases where there is management override of set processes.” Jain acknowledges that the biggest challenge for the profession today is the huge gap between society’s expectation of what auditors must do and what auditors actually can do. That gap just got larger after the Satyam scandal.

So, does this mean that auditors are destined to remain toothless watchdogs?
Perhaps not, thanks to some new accounting standards and laws passed in the aftermath of colossal corporate frauds. There’s, for instance, SAS 99, a US accounting standard that came into existence after Enron went bust, and took Arthur Andersen down with it, even though the verdict eventually was that Andersen was not guilty. SAS 99 requires auditors—amongst other things—to gather information necessary to identify risks of material misstatement due to the fraud by a series of measures (like making surprise inventory checks). Along with the provisions of the US Act Sarbanes-Oxley (SOX) of 2002, SAS 99 will become more and more relevant in India, avers Vaibhav Manek, Partner, KNAV Advisors. Auditors at the Big Four reveal that they follow SOX norms when auditing the books of their global clients who’ve set up operations in India. Yet, the main criticism of SAS 99 is that many of the procedures are suggested rather than required—more watchdogish than bloodhoundish. Meantime, the ICAI has prescribed a revised standard on auditing which lists the responsibilities of auditors when it comes to fraud.

How It’s done globally
Global regulation of audits seems more stringent and independent than India’s.

US
The SEC regulates auditors in the US and appoints members of the Public Company Accounting Oversight Board under the Sarbanes-Oxley Act of 2002.

CEOs and CFOs have to certify financial statements they file with the SEC.
A company cannot have certain consulting contracts with its auditors.

The Auditing Standards Board of the American Institute of Certified Public Accountants, a representative body, issued a standard (SAS 99) in 2002 that has several requirements to help an auditor find frauds, not all of which are mandatory.

UK
The government-appointed Financial Reporting Council regulates auditors. One of its boards, the Accounting Standards Board, issues accounting standards.

Japan
The governmentappointed Accounting Standards Board regulates auditors. The Certified Public Accountants and Auditing Oversight Board is appointed by the Prime Minister with the consent of the Diet.

France
Joint audit is mandatory. So, companies have two auditors.

Belgium
If an auditor provides any permitted non-audit services to a company it audits, fees for such services cannot exceed audit fees.

India
Auditors regulate themselves through ICAI and there is no independent regulator.


How prevalent is self-regulation when there’s plenty of room for conflict of interest?
Unsurprisingly, businesses like mergers & acquisitions and valuations are the primary activities of the Big Four. Along with the taxation practice, this share of the pie is easily bigger than audit. Can these disparate businesses, which feed off the same client base, co-exist? Evidently not— not in the US, where three of the Big Four shed their consulting practice to ensure independence of the audit practice. In 2002, EY sold its consulting practice to Capgemini, PwC to IBM and KPMG to BearingPoint. Only Deloitte still holds on to its consulting arm globally. The other three have slowly re-built a consultancy business, which they claim follow strict guidelines to avoid conflict with audit. The lopsidedness of regulation in India notwithstanding, shouldn’t consulting and audit be under two different umbrellas? Such questions are greeted with plenty of clearing-of-thethroats, even as local partners at the Big Four insist that Chinese Walls separate audit from the rest. Audit clients can never be advisory clients, and vice versa. Also, there’s no law that prevents partners from becoming independent directors on boards of companies they are not auditing, although most Big Four firms say that’s a no-no. ICAI says an auditor can’t audit a company and be on its board at the same time. Ultimately, the best assurance of self regulation is the fear of reputional damage. This assurance becomes stronger as these firms expand their businesses beyond audit.

So why do many, including the ICAI, hate the big four?
It’s been a long time since the ICAI has had a big four president. there was Rahul Roy, the youngest-ever president of the Institute but he joined EY after he finished his term as ICAI president. Uttam Agarwal, the man who takes over as president of the ICAI on February 5, points out that the institute has taken action against Big Four representatives in the past. “But how much can we do? We can only impose a fine on the member— we cannot do anything about the firm since licences are given to individuals, not firms. However, now we have started mentioning the name of the firm when we impose a penalty on a member,” says Agarwal.

Agarwal is also head of the committee set up to look into the affairs of Satyam and the audit conducted by PwC. He says that during his tenure, strict action will be taken against errant members—be they from the Big Four or any other firm. PwC had two members sitting in the ICAI council when the Satyam saga broke. They voluntarily stepped out of the meeting of the ICAI Council that discussed the Satyam case. Later, Jain said he can’t bar them from the proceedings since they are elected representatives. Agarwal says: “There are certain measures that we want to introduce and one of those is rotation of auditors.” Perhaps that will go some way in making auditors less-reviled. But remember, even at its best, audits can only be an effective deterrent to fraud—never a guarantor of its absence.

Wednesday, February 4, 2009

Yet Another Scandal for 'India's Enron'

Wednesday, February 04, 2009

By George Russell

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Satyam Computer Services Ltd., the Indian tech giant at the center of a $1 billion executive fraud and a World Bank ethics scandal, is involved in yet another kind of debacle — this time at the United Nations’ public health arm, the World Health Organization (WHO).

At issue is Satyam’s role in the development of a $55.5 million global business management system for WHO, which was slated to become the master control for staffing, financial payments and procurement by the organization by an initial deadline of September 2007.

That deadline has long since passed, and instead, according to documents obtained by FOX News, the project is far behind schedule, wallowing in glitches that have deeply affected WHO operations, and, despite management claims to the contrary, likely to end up far exceeding its budget.

Moreover, according to the documents, in the push to get at least part of the system up and running by last summer, Satyam ignored the instructions of the software’s manufacturer, Oracle, for implementing the complex system; ran user tests that validated the system without “being able to replicate a real-life situation,” provided little or no training to WHO employees; and failed to adequately involve health care professionals who see the system as a vital tool, among a host of other failings.

Among other things, the report strongly implies that the failure to use actual data in its testing may severely crimp the abilities of the disease-fighting organization, for example, in “mobilizing large amounts of money in a very short time for emergencies.”

Despite being written in a fog of bureaucratic language, the audit report is a scathing indictment of Satyam’s role as “system integrator” for the global business management program, and also of management’s oversight of the project — failings that include “the risk of over-dependence” by WHO on Satyam even after the project is completed.

Those lapses are even more dramatic in the context of Satyam’s behavior at the World Bank.

WHO signed its contract with Satyam in September 2005 — at roughly the same time as the World Bank was in the final stages of a three year, hush-hush investigation of the company’s improper financial dealings with the bank’s chief information officer, Mohamed Muhsin, that would end with Muhsin’s ouster the following month.

Satyam itself was not suspended as a supplier by the bank, however, until February 2008 — a suspension that turned into an eight-year formal ban last September. Along with the financial dealings, the World Bank cited “lack of documentation on invoices” by Satyam as a cause for the belated sanctions.

(The World Bank, a U.N. institution, never informed the U.N. or its sprawling network of funds and agencies of the investigation, the suspension or the ban until December 2008, after a series of reports appeared in FOX News.)

In other words, Satyam won the contract at roughly the same time that the World Bank was about to fire its top technology manager for accepting heavily discounted shares of stock from Satyam in return for promoting the company’s fortunes.

Even WHO’s top management, which has been strongly defensive of its Satyam project, has admitted that “there remain continuing problems,” and has pushed off the full global roll-out of the system, beyond WHO’s Vienna headquarters and its Western Pacific region, into the indefinite future.

A WHO spokesman would say only that “there are further planned roll-outs to extend the geographical coverage during the next year or so.”

When it came to cost over-runs for the fiasco, the spokesman said only: “The contract with Satyam is a fixed price contract and no additional costs associated with the delay have been identified to date. We still currently estimate that the project will be completed within budget.”

Nor, the spokesman added, was there any evidence of “incorrect billing” by Satyam in connection with its portion of the overall deal, which amounted to more than $27 million, or roughly 50 percent of the entire cost.

But that management assertion, along with many others, is openly questioned by WHO’s own external auditors in a report that was presented to the health organization’s main legislative body, the Health Assembly, last May. According to the audit report, Satyam had already exceeded its contractual work-time on the project by more than 40 percent by that time, worth at least $1.4 million over the contract price.

Moreover, WHO’s own staff costs as a result of delays are escalating at a project rate of at least $250,000 a month, according to the report, which adds drily that management efforts to manage the financial exposure “are encouraged.”

Click here to see the audit.

When asked by FOX News whether WHO was “confident” that Satyam had not had similar improper relations with WHO staffers in winning or working on the contract, a spokesman replied, “All contractual relations were subject to the strict WHO procurement procedures.” He added that “this particular contract has been subject to audit.”

The spokesman also told FOX News that Satyam, which has been suspended by other branches of the U.N. in the wake of its banning at the World Bank, is bidding on a future WHO contract and also has three other contracts with the health organization “totalling less than $400,000.”

WHO’s own external auditors, however, are far less admiring of WHO’s “strict” procurement procedures.

The same external audit that slammed Satyam and WHO management for their handling of the global management system also cited WHO’s Contracting and Procurement Services Unit (CPS) for ignoring a startling variety of fundamental WHO procurement rules, involving tens of millions of dollars.

Among other things, the audit cites WHO staff for ignoring rules that demand three competitive bids on contracts, or justifying selection of a single supplier without competitive bidding, as well as rules that called for sealed bids.

Click here for more U.N.-related stories.

In the case of one shipping company favored by WHO, the auditors noted, a contract worth $4.5 million “had been operative for the last 15 years without a written agreement and without adhering to competitive bidding at any stage,” in violation of procedures.

In the case of a $3 million insurance contract, the auditors noted that “there was no evaluation on record to establish that the new negotiated rates were competitive," and added that WHO insurance agreements “have continued with basically the same company from 1990 to date, and the current one is to continue until 2011.”

Whatever discretion the rules allowed, the auditors said, “does not encourage an agreement to be continually renewed for four terms and a period of 21 years with the same company, without going in for competitive bidding.”

More alarming was the fact that WHO’s ostensibly “strict” procurement rules were ignored on multiple occasions when they involved life-or-death vaccines for the likes of influenza, yellow fever, rabies and hepatitis A and B.

In all of thoses cases, the auditors reported, WHO’s procurement staff ignored guidelines that declared “it is imperative to purchase vaccines only from prequalified sources” to ensure that the medicines worked as they should, and instead bought them from non pre-qualified vendors.

Nor does WHO, according to the auditors, have “specific written guidelines” for the review of how well its vendors were performing. Perhaps as a result, WHO procurement staffers said they did not have a supplier performance evaluation system. Likewise, the auditors said, there was no system for recording “the background and other details for assessment of new suppliers who were invited to tender.”

Finally, the auditors found that WHO does not even have a process for blacklisting vendors who violated its rules, listing them only as “active” or “de-active.” Not that it apparently made much difference: during WHO’s then-current two year budget cycle, the auditors reported, the procurement unit “has not ‘de-activated’ any vendor in the system.”

Ironically enough, WHO procurement staff claimed that some of the lapses in collecting background data were supposed to be solved in the new global management system being installed by Satyam.

But when the auditors evaluated the Satyam project for “data conversion,” they discovered instead that whatever historical data WHO possessed on procurement would disappear once its old electronic purchasing system was shut down. “The loss of institutional memory of the Organization,” they concluded, “is a real risk.”

When it came to procurement, it seemed, much of WHO’s memory was of rule-breaking events.

George Russell is executive editor of FOX News.