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A Disruption to the Paradigm of Corruption Investigations | Rajal Dubal | TEDxINCAE


[Music]

[Music] you know when Chan Kai asked me to join

you know when Chan Kai asked me to join

you know when Chan Kai asked me to join this TEDx program they told me the the

this TEDx program they told me the the

this TEDx program they told me the the topic for this this year is the

topic for this this year is the

topic for this this year is the disruption in paradigms and I thought

disruption in paradigms and I thought

disruption in paradigms and I thought that’s perfect for me I feel I’ve been

that’s perfect for me I feel I’ve been

that’s perfect for me I feel I’ve been disrupting paradigms my entire career so

disrupting paradigms my entire career so

disrupting paradigms my entire career so I’ll tell you a little bit about it I

I’ll tell you a little bit about it I

I’ll tell you a little bit about it I started my career out of college with a

started my career out of college with a

started my career out of college with a bachelor’s in business and I became an

bachelor’s in business and I became an

bachelor’s in business and I became an auditor at Arthur Andersen I did that

auditor at Arthur Andersen I did that

auditor at Arthur Andersen I did that for three years and I thought this is

for three years and I thought this is

for three years and I thought this is great but I think I can help my clients

great but I think I can help my clients

great but I think I can help my clients in a different way not just look at the

in a different way not just look at the

in a different way not just look at the historical information but let’s see if

historical information but let’s see if

historical information but let’s see if we can help them a different way so one

we can help them a different way so one

we can help them a different way so one of my partners and I decided we want to

of my partners and I decided we want to

of my partners and I decided we want to change what we’re doing and I was from a

change what we’re doing and I was from a

change what we’re doing and I was from a small town in Michigan in a small office

small town in Michigan in a small office

small town in Michigan in a small office where we did we had no consulting

where we did we had no consulting

where we did we had no consulting practice so we decided we would start

practice so we decided we would start

practice so we decided we would start our own consulting practice at Arthur

our own consulting practice at Arthur

our own consulting practice at Arthur Andersen there we had clients like Kmart

Andersen there we had clients like Kmart

Andersen there we had clients like Kmart and other large corporations that were

and other large corporations that were

and other large corporations that were interested in doing mergers and

interested in doing mergers and

interested in doing mergers and acquisitions so I redefined my skills I

acquisitions so I redefined my skills I

acquisitions so I redefined my skills I redefined my activities and started

redefined my activities and started

redefined my activities and started servicing clients and mergers and

servicing clients and mergers and

servicing clients and mergers and acquisitions that was another three

acquisitions that was another three

acquisitions that was another three years then I thought I need to change

years then I thought I need to change

years then I thought I need to change again we have to shift the paradigm

again we have to shift the paradigm

again we have to shift the paradigm again so I said what am I going to do I

again so I said what am I going to do I

again so I said what am I going to do I need to leave Michigan I need to move to

need to leave Michigan I need to move to

need to leave Michigan I need to move to a bigger community and I need to do a

a bigger community and I need to do a

a bigger community and I need to do a different things so I left Arthur

different things so I left Arthur

different things so I left Arthur Anderson I went to

Anderson I went to

Anderson I went to PricewaterhouseCoopers and join the

PricewaterhouseCoopers and join the

PricewaterhouseCoopers and join the corporate investigations practice this

corporate investigations practice this

corporate investigations practice this is where I found my true place in

is where I found my true place in

is where I found my true place in corporate investigations at first I was

corporate investigations at first I was

corporate investigations at first I was looking at accounting investigations for

looking at accounting investigations for

looking at accounting investigations for board of directors and audit committees

board of directors and audit committees

board of directors and audit committees and those investigations were heavily

and those investigations were heavily

and those investigations were heavily involved fraud embezzlement managing

involved fraud embezzlement managing

involved fraud embezzlement managing earnings adjusting financial statements

earnings adjusting financial statements

earnings adjusting financial statements all things like that but very quickly

all things like that but very quickly

all things like that but very quickly after two or three years of doing

after two or three years of doing

after two or three years of doing accounting in visit

accounting in visit

accounting in visit Shen’s I realize most of the fraud

Shen’s I realize most of the fraud

Shen’s I realize most of the fraud investigations I was looking at dealt

investigations I was looking at dealt

investigations I was looking at dealt with corruption corruption represented

with corruption corruption represented

with corruption corruption represented nearly half of the investigations that

nearly half of the investigations that

nearly half of the investigations that we were doing starting in the early

we were doing starting in the early

we were doing starting in the early 2000s which this study is from 2016 even

2000s which this study is from 2016 even

2000s which this study is from 2016 even to this day more than half of fraud

to this day more than half of fraud

to this day more than half of fraud schemes involve corruption what is

schemes involve corruption what is

schemes involve corruption what is corruption well it takes place in many

corruption well it takes place in many

corruption well it takes place in many different forms but a couple of the key

different forms but a couple of the key

different forms but a couple of the key ways that most large corporations do

ways that most large corporations do

ways that most large corporations do corrupt activities is they’ll bid rig

corrupt activities is they’ll bid rig

corrupt activities is they’ll bid rig what is a bid rig it’s when one of my

what is a bid rig it’s when one of my

what is a bid rig it’s when one of my clients I’ll give you a perfect example

clients I’ll give you a perfect example

clients I’ll give you a perfect example one of my clients was looking to buy the

one of my clients was looking to buy the

one of my clients was looking to buy the telecom landlines from the government of

telecom landlines from the government of

telecom landlines from the government of an Eastern European country and that

an Eastern European country and that

an Eastern European country and that client of mine put a bid to buy those

client of mine put a bid to buy those

client of mine put a bid to buy those landlines and the bid that they said

landlines and the bid that they said

landlines and the bid that they said that they would pay was the lowest of

that they would pay was the lowest of

that they would pay was the lowest of all of the other companies bids and yet

all of the other companies bids and yet

all of the other companies bids and yet they were the winner how did they win

they were the winner how did they win

they were the winner how did they win why would the government not want to

why would the government not want to

why would the government not want to have more money from another buyer how

have more money from another buyer how

have more money from another buyer how do they win because they paid

do they win because they paid

do they win because they paid consultants who then transferred money

consultants who then transferred money

consultants who then transferred money to government agents and those

to government agents and those

to government agents and those government agents allowed my client to

government agents allowed my client to

government agents allowed my client to win this bid and unfortunately

win this bid and unfortunately

win this bid and unfortunately corruption exists that way there’s other

corruption exists that way there’s other

corruption exists that way there’s other ways you can do it sometimes you can

ways you can do it sometimes you can

ways you can do it sometimes you can overcharge a client sometimes you can

overcharge a client sometimes you can

overcharge a client sometimes you can get a kickback from a distributor or an

get a kickback from a distributor or an

get a kickback from a distributor or an agent but corruption happens in lots of

agent but corruption happens in lots of

agent but corruption happens in lots of different ways and when I was teaching

different ways and when I was teaching

different ways and when I was teaching my staff about corruption and how we can

my staff about corruption and how we can

my staff about corruption and how we can identify it in transactions one of them

identify it in transactions one of them

identify it in transactions one of them said to me you know I get it that we

said to me you know I get it that we

said to me you know I get it that we need to investigate corruption and big

need to investigate corruption and big

need to investigate corruption and big corporations shouldn’t be allowed to

corporations shouldn’t be allowed to

corporations shouldn’t be allowed to move forward and get ahead by using

move forward and get ahead by using

move forward and get ahead by using corruption to do to move forward but how

corruption to do to move forward but how

corruption to do to move forward but how does it affect me well it affects every

does it affect me well it affects every

does it affect me well it affects every one of us in society when large

one of us in society when large

one of us in society when large corporations and even small companies

corporations and even small companies

corporations and even small companies pay bribes to move forward in their

pay bribes to move forward in their

pay bribes to move forward in their business they’re paying bribe

business they’re paying bribe

business they’re paying bribe local agents government agents and what

local agents government agents and what

local agents government agents and what happens you know you have Plus justice

happens you know you have Plus justice

happens you know you have Plus justice justice is delayed health care is weaker

justice is delayed health care is weaker

justice is delayed health care is weaker because more money is being spent on the

because more money is being spent on the

because more money is being spent on the ones paying the bribes obviously the tax

ones paying the bribes obviously the tax

ones paying the bribes obviously the tax rates are going to be higher because the

rates are going to be higher because the

rates are going to be higher because the money’s to cover these bribes are paid

money’s to cover these bribes are paid

money’s to cover these bribes are paid by the others also crime is increased

by the others also crime is increased

by the others also crime is increased because the corrupt politicians and the

because the corrupt politicians and the

because the corrupt politicians and the corrupt police are not going after the

corrupt police are not going after the

corrupt police are not going after the crime the way they should be because

crime the way they should be because

crime the way they should be because they’re busy trying to get bribes and

they’re busy trying to get bribes and

they’re busy trying to get bribes and the most I think significant impact is

the most I think significant impact is

the most I think significant impact is on the infrastructure of the global

on the infrastructure of the global

on the infrastructure of the global economy our roads our water our air all

economy our roads our water our air all

economy our roads our water our air all of the things that government funds

of the things that government funds

of the things that government funds should be spent on get detracted when

should be spent on get detracted when

should be spent on get detracted when corrupt activities occur and so whether

corrupt activities occur and so whether

corrupt activities occur and so whether a large corporation pays bribes to win a

a large corporation pays bribes to win a

a large corporation pays bribes to win a land deal and that actually does have an

land deal and that actually does have an

land deal and that actually does have an impact on every one of us so there’s

impact on every one of us so there’s

impact on every one of us so there’s been a paradigm change in the last 10

been a paradigm change in the last 10

been a paradigm change in the last 10 years in my opinion about how corruption

years in my opinion about how corruption

years in my opinion about how corruption has changed and how the enforcers are

has changed and how the enforcers are

has changed and how the enforcers are making a change how the companies are

making a change how the companies are

making a change how the companies are making a change and how the consultants

making a change and how the consultants

making a change and how the consultants that help investigate these crimes are

that help investigate these crimes are

that help investigate these crimes are making a change so here’s the first

making a change so here’s the first

making a change so here’s the first change in 1977 President Jimmy Carter

change in 1977 President Jimmy Carter

change in 1977 President Jimmy Carter signed the Foreign Corrupt Practices Act

signed the Foreign Corrupt Practices Act

signed the Foreign Corrupt Practices Act that was the very first anti-corruption

that was the very first anti-corruption

that was the very first anti-corruption act of its kind that was in the u.s.

act of its kind that was in the u.s.

act of its kind that was in the u.s. since then there’s corruption acts

since then there’s corruption acts

since then there’s corruption acts exploding all around the world the

exploding all around the world the

exploding all around the world the entire global economy is concerned about

entire global economy is concerned about

entire global economy is concerned about this the enforcers are going after this

this the enforcers are going after this

this the enforcers are going after this globally and they’re cooperating with

globally and they’re cooperating with

globally and they’re cooperating with each other so the Brazilian government

each other so the Brazilian government

each other so the Brazilian government is cooperating with the Department of

is cooperating with the Department of

is cooperating with the Department of Justice the Mexican government is

Justice the Mexican government is

Justice the Mexican government is department is cooperating with the

department is cooperating with the

department is cooperating with the Brazilian government it’s a significant

Brazilian government it’s a significant

Brazilian government it’s a significant change and that’s only been occurring in

change and that’s only been occurring in

change and that’s only been occurring in the last several years the other thing

the last several years the other thing

the last several years the other thing you know I’m sure you all may have heard

you know I’m sure you all may have heard

you know I’m sure you all may have heard about the Petrobras

about the Petrobras

about the Petrobras bribery scheme that was nine point five

bribery scheme that was nine point five

bribery scheme that was nine point five billion dollar

billion dollar

billion dollar of money that affects the entire global

of money that affects the entire global

of money that affects the entire global economy and in particular Brazil it was

economy and in particular Brazil it was

economy and in particular Brazil it was the largest scheme of all time companies

the largest scheme of all time companies

the largest scheme of all time companies are becoming more and more aggressive

are becoming more and more aggressive

are becoming more and more aggressive and the enforcers are becoming more and

and the enforcers are becoming more and

and the enforcers are becoming more and more aggressive here’s how they did it

more aggressive here’s how they did it

more aggressive here’s how they did it Petrobras paid the government they paid

Petrobras paid the government they paid

Petrobras paid the government they paid oil and construction companies and the

oil and construction companies and the

oil and construction companies and the citizens of Brazil suffered and the

citizens of Brazil suffered and the

citizens of Brazil suffered and the citizens of a global economy also suffer

but what are they doing companies are

but what are they doing companies are now getting benefits for cooperating

now getting benefits for cooperating

now getting benefits for cooperating with enforcers you look at the potential

with enforcers you look at the potential

with enforcers you look at the potential fines that Petrobras could have could be

fines that Petrobras could have could be

fines that Petrobras could have could be three billion dollars but look at other

three billion dollars but look at other

three billion dollars but look at other companies that are cooperating with the

companies that are cooperating with the

companies that are cooperating with the government their fines are significantly

government their fines are significantly

government their fines are significantly lower because they’re cooperating and

lower because they’re cooperating and

lower because they’re cooperating and the enforcers are accepting compliance

the enforcers are accepting compliance

the enforcers are accepting compliance plans remediation plans and other

plans remediation plans and other

plans remediation plans and other well-to-do things to help clean up the

well-to-do things to help clean up the

well-to-do things to help clean up the environment so the amount of penalties

environment so the amount of penalties

environment so the amount of penalties for cooperating companies is nearly half

for cooperating companies is nearly half

for cooperating companies is nearly half but here’s where I think there’s the

but here’s where I think there’s the

but here’s where I think there’s the most significant change the companies

most significant change the companies

most significant change the companies the enforcers and their council their

the enforcers and their council their

the enforcers and their council their outside service providers need to

outside service providers need to

outside service providers need to investigate this kind of activity how do

investigate this kind of activity how do

investigate this kind of activity how do you find the corrupt payments it’s very

you find the corrupt payments it’s very

you find the corrupt payments it’s very difficult to find the corrupt payments

difficult to find the corrupt payments

difficult to find the corrupt payments when I started my career many many years

when I started my career many many years

when I started my career many many years ago and I did my first anti-corruption

ago and I did my first anti-corruption

ago and I did my first anti-corruption investigation I was looking at Excel

investigation I was looking at Excel

investigation I was looking at Excel files using my expertise to hone in on

files using my expertise to hone in on

files using my expertise to hone in on certain vendors that I thought hmm why

certain vendors that I thought hmm why

certain vendors that I thought hmm why are they paying this consultant what do

are they paying this consultant what do

are they paying this consultant what do you think that payment is for and I had

you think that payment is for and I had

you think that payment is for and I had to use my own judgment and my own

to use my own judgment and my own

to use my own judgment and my own expertise to sort of weed through

expertise to sort of weed through

expertise to sort of weed through details and details and Excel files

details and details and Excel files

details and details and Excel files well the companies are so large these

well the companies are so large these

well the companies are so large these days and there’s so much massive amounts

days and there’s so much massive amounts

days and there’s so much massive amounts of data available these days that it’s

of data available these days that it’s

of data available these days that it’s not possible for a single human or a

not possible for a single human or a

not possible for a single human or a team of humans to eyeball data of that

team of humans to eyeball data of that

team of humans to eyeball data of that magnitude so we have to rely on

magnitude so we have to rely on

magnitude so we have to rely on technology to assist us and lucky for us

technology to assist us and lucky for us

technology to assist us and lucky for us there’s a lot of amazing technology

there’s a lot of amazing technology

there’s a lot of amazing technology available

available

available that uses artificial intelligence that

that uses artificial intelligence that

that uses artificial intelligence that uses data analytics that uses all kinds

uses data analytics that uses all kinds

uses data analytics that uses all kinds of data processing so that I can take my

of data processing so that I can take my

of data processing so that I can take my expertise program a machine to

expertise program a machine to

expertise program a machine to understand what qualifiers I’m looking

understand what qualifiers I’m looking

understand what qualifiers I’m looking for what kind of vendors do I think make

for what kind of vendors do I think make

for what kind of vendors do I think make bribe payments

bribe payments

bribe payments I think it’s consultants its agents its

I think it’s consultants its agents its

I think it’s consultants its agents its distributors sometimes it’s business

distributors sometimes it’s business

distributors sometimes it’s business development partners I think those are

development partners I think those are

development partners I think those are the ones also if I were to record a

the ones also if I were to record a

the ones also if I were to record a bribe payment how would I record that on

bribe payment how would I record that on

bribe payment how would I record that on my financial statements I would say

my financial statements I would say

my financial statements I would say maybe I would record it as marketing or

maybe I would record it as marketing or

maybe I would record it as marketing or maybe I would record it as operational

maybe I would record it as operational

maybe I would record it as operational expenses other or some other thing I can

expenses other or some other thing I can

expenses other or some other thing I can program program my artificial

program program my artificial

program program my artificial intelligence to identify that kind of

intelligence to identify that kind of

intelligence to identify that kind of activity and I can use my years and

activity and I can use my years and

activity and I can use my years and years of experience and apply that over

years of experience and apply that over

years of experience and apply that over large databases how does the companies

large databases how does the companies

large databases how does the companies benefiting from that well before and I’m

benefiting from that well before and I’m

benefiting from that well before and I’m talking about 15 years ago enforcers

talking about 15 years ago enforcers

talking about 15 years ago enforcers would go to a company and say we want to

would go to a company and say we want to

would go to a company and say we want to investigate you and a company would say

investigate you and a company would say

investigate you and a company would say okay I don’t know what to do

okay I don’t know what to do

okay I don’t know what to do and they would call their outside

and they would call their outside

and they would call their outside counsel and they would call some

counsel and they would call some

counsel and they would call some forensic accountant like myself and we

forensic accountant like myself and we

forensic accountant like myself and we were working in vacuums completely

were working in vacuums completely

were working in vacuums completely separately the regulator’s would talk to

separately the regulator’s would talk to

separately the regulator’s would talk to the corporation’s the corporation’s

the corporation’s the corporation’s

the corporation’s the corporation’s would talk to us now the paradigm has

would talk to us now the paradigm has

would talk to us now the paradigm has changed because more companies are

changed because more companies are

changed because more companies are cooperating with the enforcers and they

cooperating with the enforcers and they

cooperating with the enforcers and they have the luxury of consultants and

have the luxury of consultants and

have the luxury of consultants and lawyers that have tons of experience and

lawyers that have tons of experience and

lawyers that have tons of experience and investigating this kind of behavior and

investigating this kind of behavior and

investigating this kind of behavior and in communicating with the enforcers we

in communicating with the enforcers we

in communicating with the enforcers we have a 3-way channel now and I think

have a 3-way channel now and I think

have a 3-way channel now and I think that’s a significant impact in the fact

that’s a significant impact in the fact

that’s a significant impact in the fact that the enforcers have gotten to know

that the enforcers have gotten to know

that the enforcers have gotten to know the service providers they can rely on

the service providers they can rely on

the service providers they can rely on the work that the service providers are

the work that the service providers are

the work that the service providers are doing and the companies can know that

doing and the companies can know that

doing and the companies can know that they’re being properly defended by

they’re being properly defended by

they’re being properly defended by someone who has diligently reviewed

someone who has diligently reviewed

someone who has diligently reviewed their financial statements so some of

their financial statements so some of

their financial statements so some of the tools have changed we used to use

the tools have changed we used to use

the tools have changed we used to use calculators and Excel files but now

calculators and Excel files but now

calculators and Excel files but now we’ve got the artificial intelligence

we’ve got the artificial intelligence

we’ve got the artificial intelligence and the ways that we do work has changed

and the ways that we do work has changed

and the ways that we do work has changed you know there’s a lot of information

you know there’s a lot of information

you know there’s a lot of information out there that’s in social media that’s

out there that’s in social media that’s

out there that’s in social media that’s on Facebook that’s an email that’s in

on Facebook that’s an email that’s in

on Facebook that’s an email that’s in other communications and it is so

other communications and it is so

other communications and it is so difficult to put those stories together

difficult to put those stories together

difficult to put those stories together like in a case where I had a transaction

like in a case where I had a transaction

like in a case where I had a transaction in a general ledger that was a payment

in a general ledger that was a payment

in a general ledger that was a payment for a million dollars and separately one

for a million dollars and separately one

for a million dollars and separately one of the senior executives of the company

of the senior executives of the company

of the senior executives of the company had written an email saying I’m gonna

had written an email saying I’m gonna

had written an email saying I’m gonna put this expense and I’m gonna I’m gonna

put this expense and I’m gonna I’m gonna

put this expense and I’m gonna I’m gonna stuff it up my sleeve

stuff it up my sleeve

stuff it up my sleeve well to find that email and that expense

well to find that email and that expense

well to find that email and that expense and the contract that goes with it and

and the contract that goes with it and

and the contract that goes with it and the other correspondence that goes with

the other correspondence that goes with

the other correspondence that goes with it it was a manual task historically now

it it was a manual task historically now

it it was a manual task historically now with artificial intelligence and with

with artificial intelligence and with

with artificial intelligence and with the data analytics we can bring those

the data analytics we can bring those

the data analytics we can bring those data points together rapidly and to the

data points together rapidly and to the

data points together rapidly and to the benefit of our clients and put together

benefit of our clients and put together

benefit of our clients and put together a story very quickly and that is how I

a story very quickly and that is how I

a story very quickly and that is how I believe the paradigm of corporate

believe the paradigm of corporate

believe the paradigm of corporate investigations has changed in the last

investigations has changed in the last

investigations has changed in the last 10 to 15 years

10 to 15 years

10 to 15 years [Music]

[Music]

[Music] [Applause]

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