The history of corporate fraud is a long and storied one- sadly.
When one examines its characteristics, it becomes clear that there are a number of patterns which repeat, time-after-time. That does not necessarily mean that they are easy to spot ex ante. After all, in an economic system built, essentially, upon trust, the deceitful and amoral are always likely to have an advantage, especially when others are induced to provide a semblance of propriety to mask reality.
While most frauds are now likely to be “intangible”, involving bits, bytes, manipulation, omission or concealment, that is not always the case- witness the eyebrow-raising, alleged fraud involving bags of worthless rocks submitted as “good delivery” of nickel stocks to LME warehouses. It is somewhat astonishing that the old-fashioned “bait and switch” approach still manages to evade supposedly sophisticated protocols and systems. We’re not sure whether steel toe-capped boots quite count. A comparable example would be the Bre-X “salting of deposits” fraud, which came to light in 1997.
However, the alleged LME fraud is essentially unsophisticated, and basic in every sense of the term, albeit momentarily effective.
More prevalent are those frauds that use “the greater fool” approach, or outright manipulation of reality- reality being something that a great number of investors seemingly struggle to engage with.
The late Bernie Madoff was able to get away with what amounted to a latter-day Ponzi scheme by convincing investors (aided by his acquired “inner-circle” access, influence and reputation) that he had somehow found a method to produce smooth investment returns over a long period of time. There remain lingering suspicion that not all of his “investors” were unaware of what was happening, but hoped that what one might term “subsequent fools” would continue to show up for long enough for them to realize a return of their own invested principal, plus the “yield”.
More commonly, frauds involve manipulating supposed checks and balances to distort reality, with Parmalat and Wirecard falling into this category in using weaknesses in accounting and auditing practices to create assets and/or businesses that did not exist. In the case of the former, it was billions in bank deposits; in the latter (amongst other things) bank deposits and supposed arm’s length businesses. In each case, the deception was successful for years, until someone finally pressed the point sufficiently in seeking an explanation of apparent anomalies.
Fraudsters may also use the complexities and quirks of accounting conventions to conceal malfeasance, with a view to enhancing rewards for the perpetrators- Enron being a classic example.
Sometimes, the location and nature of what amounted to fraudulent behaviour simply beggar belief- witness the “fake accounts” scandal at Wells Fargo.
Commercial frauds often rely upon the fact that investors and analysts simply do not have the expertise, inclination, time or access to delve in sufficient depth into data produced to uncover deception. The nature of the alleged fraud at failed “finance house” Greensill, appears to have been a fascinating example of the so-called “false invoice” scam, which tends to collapse quite quickly when someone finally notices that there is no actual receivable, or a supposed debtor denies the existence of an obligation.
Anyone who has underwritten credit for long enough is likely to have both the mental scars and the “war stories” from having to deal with such cases; and from wondering, with hindsight, whether something “obvious” was missed.
This leads to an understanding that sometimes one may be unable to explain why something does not seem right, yet know it is so. That may result in some missed opportunities, but also increase the probability of avoiding losses suffered by others. One can never take pleasure in such outcomes. Rather one is grateful that one was able to avoid them, or at least minimize exposure. After all, there is ultimately no upside in ignoring the sense that something simply “does not add up”.
The Awbury Team