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Forensic Accounting Assignment

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CASE: Former

MAS chairperson
charges
BACKGROUND OF MAS
- Malaysia Airline Berhad (MAB)
- Subsidiaries - MASKargo & MAS Wings
- 1 May 1947 - Malayan Airways
- 1 October 1972 - Malaysian Airline System
- The flag carrier
- Headquarters - Sultan Abdul Aziz Shah Airport in
Subang, Selangor
- Operates flights - 1. KL International Airport
2. Kota Kinabalu
BACKGROUND OF MAS

- Air transportation services


- Slogan - “Going Beyond Expectations”
- 25 January 2007 - launched MH Campaign
- Mission - “To provide air travel & transport service
that rank among the best in terms of safety, comfort
and punctuality”
- Vision - “An airline uniquely renowned for its personal
touch, warmth and efficiency”
BACKGROUND OF THE CASE
Tajuddin Ramli
- Former Chief Executive Officer (CEO) of Malaysian
Airline System Bhd (MAS)
- Charged with various fraudulent dealings to MAS
- Raised allegations of collusion between the police and
the Attorney-General's Chambers
- Involved in lawsuits with the GLC claiming non-
payment of loans.
BACKGROUND OF THE CASE

- Inaction of Abdullah Ahmad Badawi (Former prime


minister)
- Gave information of the crime to Commercial Crime
Investigation Department (CCID)
- One of them is Idris Jala who is now a cabinet member
- In October 2011, Nazri Aziz announced the outcomes
- Section 131 of the CA 1965
- Penalty - 7 years imprisonment or a fine of RM150,000
the major
fraud symptoms
of fraud
opportunities
Fraud
Symptoms
Financial Scandal

Poor Internal Control

Unethical Practices
FINAN CIA L
SCA ND AL - Have take a loan from GLC to buy a 32% controlling
stake in Malaysian Airlines.
- The government bought back from MAS Holdings
with the same price it was sold. (2001)
- Cash reserves of RM600 million but the
accumulated losses of RM9.4 billion.
- Allow the construction of KLIA to keep the airline
afloat.
- He involved in legal proceedings with GLCs.
- He failed to pay loans and ordered to pay more than
RM500 million.
- MAS and Tajuddin out of court settlement
- Called "bailout" by critics
POOR
INTER NA L
CON TR OL - To safeguard and assure the organization with
compliance on the applicable laws
- Tajudin should be questioned by management of MAS
- A proper FS is required
- To ensure all the transactions declared in the FS
- Proper implementation of IC will reduce the risk of
fraud opportunity
UNETH IC AL
PRAC TI CE S - Abuse resources to take loans from several
GLCs to acquire the controlling stake
- Borden on TRI suing Tajuddin
- Two MAS ex-directors to recover RM 56 million
ringgit in controversial payments
- Reveal the truth of MAS scandal
- Disclose the fact to provide the shareholder
proper alert the organization
THE MAJOR
FRAUD
PROFILES
TAN SR I
D IN RA MLI
TAJU
- Malaysian Entrepreneur
- Former Executive Chairman of MAS from 1994 to
2001
- Owner - TRI Berhad (Technology Resource
Industries)
- Born April 1946 at Kampung Kuala Kangkong, Kedah
- University of Malaya - Bachelor of Business
Administration 1970.
TAN SR I
D IN RA MLI
TAJU
- Mismanagement on MAS incurring RM9.4 billion in
debts.
- Involve in various breaches of fiduciary and
statutory duties and perform fraudulent act on MAS
- Breaches Section 131 of Companies Acts 1965, which
involves disclosure of interest
WAN AIS HA H
WAN H AM ID
- Director of MAS until 2001.
- A director of Naluri Bhd (Malaysia Helicopter
Services Sdn Bhd)
- Formally known as Tajudin's right-hand woman
- Assist him in acquisition share of MAS by using
share of Naluri Bhd
- Involve in fraudulent act perform by former
executive chairman of MAS, Tan Sri Tajudin Ramli
RIZANA MOHD
DAUD
- Former company secretary of MAS
- Married to Bistamam Ramli, former managing
director of Edaran Bhd
- She was formally known as Tan Sri Tajudin Ramli
sister-in-law
- Assist Tan Sri Tajudin Ramli in camouflaging all his
track
INVESTIGATION
FOR FRAUD
DETECTION OR
PREVENTION
1 .I N I T I A T E F R A U D I N V E S T I GA T I O N

- People certainly sold shares at a higher price.


- Government buy back shares at a lower price.
- Huge costs involved
E.g.
- Government buys back MAS shares from Tajudin
amounting RM8 per shares, amounting RM 1.79 million
-Danaharta demands Tajuddin to pay RM1.61 billion.
2.ACTIONS TO TA K E AFTER
FRA UD SUS PIC IO N

- Alert the authority


- Obtain the information
E.g:
- Mas logged the police report about fraud of
Tajuddin
- Relocate two hub into single hub and caused a loss
between RM10 million to RM16 million in a month.
3 . F R A U D T H E O R Y A P P R O A C H

- Make an assumptions to reach a hypothesis


Which party that involved?
What is the incident?
When did it happen?
- Modify hypothesis and gather evidence to test it
FRAUD TRIANGLE
PRESSURE - Financial problem

FRAUD
OPPORTUNITY RATIONALIZATION
- High position, (Owner, CEO). - Make unnecessary decision.
- Mismanagement - Decision that is harmful to the
company.
4 . P L A N N I N G A N I N V E S T I GA T I O N

- Identifying the fraudsters


- The number of transactions involved
. GATHER EVIDENCE FOR COURT
5
PROCEEDINGS

Physical evidence
- The agreement details between Government and Naluri Bhd
To verify what makes the sales looks cheaper.
To see if any property is included for the exchange
between those parties.
Physical evidence
- Bank statement from Danaharta
To verify the transactions especially involving
Tajudin Ramli.
To see if any transaction that relates with the case
that did not declare in public.
INTERVIEW evidence
- Do a interview with staff who works in 2001
To verify the reason on why Tajudin change the cargo.
To see if any plan that MAS wants to do that might be
lead to another serious loss.
TESTIMONIAL evidence
- Recreate a crime scene:
To see a proof that it did not commit to any law
To make a list of any law on every scene that leads to
fraud
.ADVICE FOR FRAUD PREVENTION
6

- Reevaluate anti-corruption policies


- Advanced analysis on fraud case
- Improve ID authentication system
7.COURT PROCEEDINGS

a) Section 421 of Penal code


- Dishonest or fraudulent removal or concealment
of property to prevent distribution among creditors.

- Tajudin Ramli, Danaharta


b) Section 422 of Penal code
- Dishonestly or fraudulently preventing from being
made available for his creditors a debt or demand due to
the offender.

- Tajudin Ramli
c) Section 491 of Penal code
- Breach of contract to attend on and supply the
wants of helpless persons.

- Danaharta
d) Section 131 of Companies Act 1965
- Failing to disclose his interest during his tenure in
the national carrier.

- Tajudin Ramli
THE THOUGHTS
IN RECENT
ACCOUNTING
SCANDALS
IMPAC TED
PER SO N
Tajuddin

- There should not be any political involvement.


- He involved in legal proceedings with GLCs.
- He failed to pay loans and ordered to pay more than
RM500 million.
- MAS and Tajuddin "out of court" settlement.
IMPAC TED
PER SO N
Danaharta

- Terminated the contract with Tajuddin.


- Involved with many court proceedings.
- Intervention from the Government.
Thank You!
Let's move to the
Q&A session !
Question and Answers

Question 1 - What is the definition of flag carrier?


Answers: A flag carrier is a transportation company, such as an airline or shipping
company, that being locally registered in a given sovereign state, enjoys preferential
rights or privileges accorded by the government for international operations.
Your name: Yan Ping

Question 2 - Is there any law regarding any political involvement?


Answers: Until today, there isnt any law regarding political involvement.
Your name: Zabid
Question and Answers

Question 3 -
Answers:
Your name:

Question 4 -
Answers:
Your name:

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