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Formations/Finance in the public sector/Regulation, risks and checks/Fraud, waste, and abuse: the risk triangle in public institutions
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Regulation, risks and checks

10The regulatory architecture: who actually governs public money+15011Fraud, waste, and abuse: the risk triangle in public institutions+15012Reading a single audit and management letter without flinching+15013The due-diligence checklist before you fund, contract, or merge+150

Fraud, waste, and abuse: the risk triangle in public institutions

# Fraud, waste, and abuse: the risk triangle in public institutions

In 2019, New York City's Department of Education discovered a payroll secretary had been paying a "cafeteria worker" who did not exist for over a decade, pocketing more than $500,000 (estimate, based on reported case figures). The employee existed only on paper: a ghost, kept alive by one person who controlled hiring forms, timesheets, and payroll approval, all at once. No system flagged it. No auditor caught it. The city's own internal controls simply had a hole exactly the shape of this scheme.

This is the story of most public sector fraud: not criminal masterminds, but ordinary control gaps meeting ordinary human pressure.

The risk triangle, applied to government

Fraud examiners use a simple model called the fraud triangle (developed by criminologist Donald Cressey): fraud happens when three elements combine.

  • Pressure: a financial or personal need driving someone to act.
  • Opportunity: a control weakness that makes the act possible.
  • Rationalization: a story the person tells themselves to feel it's justified.

Private-sector fraud often centers on personal greed or bonus targets. Public sector fraud has its own flavors:

  • Pressure: chronic underfunding, hiring freezes that push overworked staff to cut corners, or political pressure to spend budgets before year-end (a "use it or lose it" dynamic common in the US <a href="https://www.gao.gov" target="_blank">Government Accountability Office (GAO)</a> reports).
  • Opportunity: fragmented oversight across agencies, weak segregation of duties, legacy IT systems that don't talk to each other.
  • Rationalization: "the agency wastes money anyway," "I'm underpaid for this job," "everyone rounds up their invoices."
  • Three classic schemes, three classic mechanics

    Payroll ghosting

    A ghost employee is a person on the payroll who doesn't work, or doesn't exist. It requires someone with control over both the personnel roster and payment authorization, exactly the segregation-of-duties failure regulators warn about. The US Government Accountability Office and the EU's European Anti-Fraud Office (OLAF) both flag payroll as a top vulnerability in decentralized public administrations.

    Control check: cross-reference the HR headcount list against payroll disbursement records monthly, and require a manager who did *not* create the employee record to certify their existence (a physical sighting, biometric check-in, or independent verification call).

    Bid-rigging in procurement

    Bid-rigging is when competitors secretly coordinate to fix the outcome of a supposedly competitive tender, rather than compete for a public contract. It's illegal under US antitrust law (enforced by the Department of Justice Antitrust Division) and EU competition law (Article 101 TFEU, enforced by the European Commission).

    A construction firm colludes with two "competitors" to submit deliberately high or losing bids, letting the real bidder win at an inflated price, then splitting the margin. The World Bank's <a href="https://www.worldbank.org/en/about/unit/integrity-vice-presidency" target="_blank">Integrity Vice Presidency</a> has documented dozens of these schemes in infrastructure lending.

    Red flags: bids clustered suspiciously close in price, the same firms always losing to the same winner, identical typos or formatting across "competing" bids, and unusually low bidder turnover in a region.

    Duplicate and phantom vendor payments

    Same invoice, submitted (accidentally or deliberately) twice, or paid to a vendor that exists only in the accounts payable system. This thrives where invoice-matching is manual and vendor master files aren't reconciled.

    Control check: three-way matching, comparing the purchase order, the goods-receipt confirmation, and the invoice, before any payment clears. This is standard private-sector practice that many government finance offices still do only partially.

    The regulatory backbone

    Public financial integrity rests on a patchwork of laws and bodies:

    • United States: the False Claims Act lets whistleblowers ("relators") sue on behalf of the government and share in recoveries; it recovered roughly $2.9 billion in FY2024 settlements and judgments according to the <a href="https://www.justice.gov/opa" target="_blank">US Department of Justice</a> (estimate, subject to annual revision). The Single Audit Act requires any nonprofit or state/local entity spending over $750,000 in federal funds annually to undergo an independent audit.
    • European Union: OLAF investigates fraud against the EU budget; the European Public Prosecutor's Office (EPPO), operational since 2021, can directly prosecute cross-border fraud in participating member states.
    • Global: the Committee of Sponsoring Organizations (COSO) Internal Control Framework underpins most government internal-control policy design, public or private.

    A simple worked check: is this vendor list clean?

    A basic duplicate-payment screen finance teams run in Excel or SQLSQLSales Qualified Lead: a prospect the sales team has validated as ready for direct outreach and a proposal, having passed clear qualification criteria.Voir la définition complète →:

    sql
    SELECT vendor_id, invoice_amount, invoice_date, COUNT(*) AS occurrences
    FROM accounts_payable
    GROUP BY vendor_id, invoice_amount, invoice_date
    HAVING COUNT(*) > 1;

    This flags identical vendor, amount, and date combinations appearing more than once, the classic signature of a duplicate submission or a data-entry error worth investigating. It's not proof of fraud, but it's a five-minute first filter any analyst should run before a payment cycle closes.

    Vérification des acquis

    1. According to the fraud triangle model, what is the primary role of 'opportunity' in enabling fraud?

    2. The ghost employee scheme in the NYC case was possible mainly because one person controlled multiple stages of a process. Which control principle was violated?

    3. A public agency manager rushes to spend the remaining budget before year-end to avoid losing unspent funds next cycle. Within the fraud triangle framework, this dynamic is best classified as an example of which element?

    CHOIX MULTIPLES

    4. Select ALL correct answers about how public sector fraud pressures typically differ from private sector fraud pressures.

    Sélectionnez toutes les réponses correctes.

    CHOIX MULTIPLES

    5. Select ALL correct answers about factors that increase 'opportunity' for fraud in public institutions.

    Sélectionnez toutes les réponses correctes.

    Due diligence checklist for public finance roles

    If you're evaluating a public program, grant recipient, or vendor relationship, four checks matter most:

    1. Segregation of duties map: who can create a vendor, who can approve a payment, who can reconcile the bank statement? If one person can do two of these, that's a gap.

    2. Procurement competition analysis: how many distinct bidders won contracts over the past three years? Concentration is a signal, not proof.

    3. Whistleblower channel existence and usage: does the agency have a functioning hotline, and does it show a plausible number of tips (zero tips over five years is itself a red flag)?

    4. Audit trail completeness: can every payment be traced back to an authorized purchase order and a receipt of goods or services?

    None of these require forensic accounting training. They are the same due-diligence questions a private-sector CFO asks before approving a supplier contract, applied to public money.

    Key Takeaways

    • The fraud triangle (pressure, opportunity, rationalization) applies to government, but the public sector's specific pressures (budget-cycle spending, understaffing) and opportunities (fragmented oversight, manual reconciliation) differ from the private sector.
    • Payroll ghosting, bid-rigging, and duplicate vendor payments are the three most common public sector fraud patterns, and each has a specific, checkable control: independent employee verification, bidder-concentration analysis, and three-way invoice matching.
    • Key regulatory anchors include the US False Claims Act and Single Audit Act, and in the EU, OLAF and the European Public Prosecutor's Office; know which body has jurisdiction before assuming a case will be pursued.
    • A five-minute duplicate-payment query or a bidder-concentration check is a legitimate, low-cost first due-diligence step, not a substitute for a full audit, but a useful early filter.
    • Zero reported fraud incidents is not a sign of health; it often signals an unused or unknown whistleblower channel rather than a clean system.

    Précédent

    The regulatory architecture: who actually governs public money

    Suivant

    Reading a single audit and management letter without flinching