Mystery payments at Canadian construction company

This is inter­esting: An internal review at Canadian construction company SNC-Lavalin of certain payments approved by the CEO has resulted in that executive’s departure from the company.

The payments in question were approved directly by the CEO after the CFO rejected them. Documen­tation was appar­ently sketchy, as the review revealed that the projects they were attributed to were incorrect.

[The review] reveals payments to contracts that didn’t exist, myste­rious agents whose identity “is without substance,” and staffers using emails and password-protected devices that the company couldn’t access.

They can’t be sure that the payments in question weren’t related to their contro­versial involvement with the former Gaddafi regime in Libya, since the recip­ients appear to be ficti­tious. They believe they weren’t, but there’s really no basis for that belief since the report is inconclusive.

SNC-Lavalin has opera­tions in over 100 countries and earned over $7-billion in revenue last year.

The company said improper payments are a result of “management override, flawed design or ineffective enforcement of controls” in relation to hiring agents for two of its projects.

Design is one aspect of internal control, and operating effec­tiveness is the other. Add to that management’s ability override them, and they’ve pretty much covered all their bases!

Some former employees have conducted company affairs using non-corporate email addresses or had password protected devices to which the company does not have access.

This is incredibly suspi­cious, as what good reason could there be for using non-corporate email to conduct company business? Always a red flag, but tough to uncover. The article doesn’t discuss how it was in this case, unfortunately.

The original inves­ti­gation, which was reported at the end of February, was over $35-million in payments which were undoc­u­mented. The reporting of this infor­mation resulted in a 20% decline in the company’s stock, which has since recovered only about ⅓ of the drop. Clearly, controls at the company are not strong enough and the market believes the environment may be such that more of these types of situa­tions exist.

Now, with these recent devel­op­ments, it seems that the “tone at the top,” a critical component of a strong control environment (see COSO Internal Control Framework), was not one of uncom­pro­mising integrity.

Depending on the nature of the payments, if it is ever deter­mined satis­fac­torily, this could have impli­ca­tions related to the Corruption of Foreign Public Officials Act, Canada’s version of the Foreign Corrupt Practices Act in the US.

About Neil

I'm a Chartered Accountant working in internal audit.

28. March 2012 by Neil
Categories: Business | Tags: , , , , , , , , | 2 comments