The shady deal: Understanding procurement fraud
Pyramid scheme fraud. Identity theft. Caller ID spoofing. Graft and corrupt practices between government agencies and third party contractors. All these spark controversy and attract enormous attention from the media, government officials, and the public. However, little is known about the actual penalties that convicted fraudsters incur.
Procurement fraud is categorically defined as any fraud relating to a company purchasing goods, service, or commissioning constructions projects from third parties. The International Anti-Corruption Resource Center identifies bribes and kickbacks as among the most common schemes of this type of fraud.
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Many reported cases involve contracts with various government agencies as they encompass multi-level networks and personnel in charge. Examples of cases are when a contractor fraudulently certifies costs incurred, when non-conforming materials are used, when charges overlap or are over the actual price, and when false documents are presented to report pricing or costs incurred especially for resources or services which were not delivered.
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Despite procurement fraud challenges, such as not having clear guidance on mitigation and a central database for procurement fraud intelligence, it is still is getting visibility. There has been a noticeable rise in the number of suspensions and debarments of contractors. In connection with this, regulations in contracts and procurements are becoming more rigorous, leading to mandatory disclosures, which eventually result to a higher risk in procurement fraud. Even whistle-blowers are getting better protection.
Penalties such as fines, non-payment of actual incurred costs for convicted contractors, debarment, and suspension await procurement fraudsters. Though there has been an observed reluctance in the investigation, litigation, and implementation of penalties as contractors are often the sole supplier, discussions among regulators and legislators are constantly being held to resolve conflicts, if not completely eradicate, such impacting fraudulence.
Martha Pacheco Machado De Araujo has spent years working on international investigations that aimed to curtail, if not obliterate, procurement fraud, corruption, environmental crimes, and abuse of the marginalized population. Learn more about her here.