Finding 403179 (2023-002)

-
Requirement
P
Questioned Costs
$1
Year
2023
Accepted
2024-06-27

AI Summary

  • Core Issue: Two employees colluded to defraud the Organization of approximately $56,680 by creating fake companies and manipulating records.
  • Impacted Requirements: Violations of federal regulations regarding the management and safeguarding of federal funds, specifically under Title 2 U.S. Code of Federal Regulations Part 200.
  • Recommended Follow-Up: Management should monitor the ongoing investigation, coordinate with TDHCA for guidance, and strengthen controls to prevent future fraud.

Finding Text

FINDING NO. 2023-002: ALLEGED USE OF FEDERAL FUNDS IN FRAUDULENT MANNER Condition: On August 11, 2023, the Organization’s Chief Executive Officer and Chief Financial Officer received electronic communication from an anonymous email account alleging that the Organization’s Interim Assistant Client Services (CS) Manager was engaged in illegal and dishonest activities. Based upon this initial predication, the Organization put together a Fraud Investigative Team who reviewed relevant financial records, studied case file documents, and interviewed CS personnel. The Investigative Team discovered that two (2) employees, the Interim CS Assistant Manager and a Quality Assurance (QA) Specialist, colluded to defraud the Organization of approximately $56,680, over the course of six (6) months. Their actions consisted of, but was not limited to the formation of fake management companies to receive rental assistance payments from non-existent and former clients; the manipulation of leases and pay statements to secure job placement and Transition Out of Poverty incentives; the circumvention of established procedures and protocols to obtain rental assistance payments for their friends and family members; and the re-creation and dissemination of the Organization’s communication notifications to unsuspecting applicants luring them to send their personal information to a fake email address. Criteria: Title 2 U.S. Code of Federal Regulations Part 200, Subpart D, Section §200.302 (4), Financial Management, communicate expectation for effective control over, and accountability for, all federal funds, property, and other assets. The non-Federal entity must adequately safeguard all assets and assure that they are used solely for authorized purposes. Cause: Personnel involved in fraudulent activities were part of CSBG program management who colluded with others to override controls for personal financial gains. Perspective Information: The Organization took initial steps to mitigate the fraud by terminating the persons responsible for improper conduct. However, emergence of evidence by a forensic review of client files housed internally and in the NewGen Case Management System indicated patterns of behavior of additional schemers who were not employees of the Organization. Formal reports have been filed with the Federal Bureau of Investigation, Houston Police Department, and Harris County District Atorney’s office to pursue all parties complicit in the misappropriation of funds. Questioned Costs: Per the initial assessment made by the Investigative Team, it was estimated that the Organization was defrauded for $56,680 ($50,680-CSBG funds, $6,000 Unrestricted funds), over the course of six (6) months. The Organization submitted insurance claims for $55,680, the amount determined to be fraudulent rental assistance payments based on documentation reviewed by the Investigative Team. The Organization repaid $50,680 to Texas Department of Housing and Community Affairs (TDHCA), the Organization’s pass-through entity for CSBG grant, on April 30, 2024. Additionally, the investigation is still ongoing with local and federal law enforcement agencies. Effect or Potential Effect: Misappropriation of grant funds provided under CSBG Program. Identification of Repeat Finding: Not applicable since this is a new finding. Recommendation: We recommend that management monitor results of ongoing investigation with local and federal law enforcement agencies, closely coordinate with TDHCA for additional guidelines, and implement mitigating operating controls to strengthen compliance for adherence with pre-established policies and procedures related to conflict of interest and seek to minimize opportunities for employees to engage in fraudulent activities. Views of Responsible Officials: The Organization is aware that fraud poses a significant risk to the integrity of the federal programs it administers as well as erodes public trust. In the wake of discovering that GCCSA had been compromised by colluders committing fraud, the Organization is committed to combatting fraud by creating an organizational culture and structure conducive to focusing on the following control activities: data-analytics activities, fraud-awareness initiatives, reporting mechanisms, and employee-integrity activities.

Corrective Action Plan

ASSISTANCE LISTING 93.569 – COMMUNITY SERVICES BLOCK GRANT FEDERAL GRANT AWARD NUMBERS: 2101TXCOSR AND 2201TXCOSR PASS-THROUGH ENTITY IDENTIFYING NUMBERS: 61220003647 AND 61230003800 FINDING NO. 2023-002: ALLEGED USE OF FEDERAL FUNDS IN FRAUDULENT MANNER Planned Corrective Action Plan: The Organization is committed to combatting fraud by creating an organizational culture and structure conducive to focusing on control activities, fraud-awareness initiatives, reporting mechanisms and employee integrity activities including:Revise programmatic and departmental approval authority-related guidelines designed to counter the previously encountered fraud schemes. • Maximize the functionality of the existing client software systems (e.g., NewGen and Fastrack) to minimize the dependency on external documents. • Use multiple methods to reinforce key antifraud messages through education and training on an ongoing basis to increase managers’ and employees’ awareness of potential fraud schemes. • Provide a hotline and other options for potential reporters of fraud to communicate and ensure that the Organization’s stakeholders (e.g., employees, vendors, program beneficiaries, and the public) are aware of the Organization’s access points to report potential fraud. • Implement mandatory virtual conflict of interest trainings. • Develop a board-approved policy regarding the Organization’s employees receiving services. • Revise the Conflict-of-Interest Policy in the Employee Handbook to serve as a coaching guide that clearly conveys that anyone in the Organization may develop a conflict of interest, whether they are entry-level or a member of the leadership team. Anticipated Implementation Date: December 31, 2024 Contact Person Responsible for Corrective Action: Dr. Jonita Reynolds, Chief Executive Officer

Categories

Questioned Costs Procurement, Suspension & Debarment Subrecipient Monitoring Reporting Matching / Level of Effort / Earmarking

Other Findings in this Audit

  • 403178 2023-001
    Significant Deficiency
  • 979620 2023-001
    Significant Deficiency
  • 979621 2023-002
    -

Programs in Audit

ALN Program Name Expenditures
93.569 Community Services Block Grant $5.86M
93.600 Head Start $1.33M
10.558 Child and Adult Care Food Program $552,346