Finding 559039 (2024-001)

Significant Deficiency
Requirement
B
Questioned Costs
-
Year
2024
Accepted
2025-05-01

AI Summary

  • Core Issue: The Legal Services Corporation's internal controls are inadequate, with significant deficiencies noted in ten out of eleven areas, impacting compliance with federal regulations.
  • Impacted Requirements: Key compliance areas include allowable costs and cost principles, which are not being met due to outdated policies and insufficient oversight.
  • Recommended Follow-Up: Management should ensure that all updated policies are formally reviewed and adopted by the Board to align with current compliance requirements.

Finding Text

2024-001 FOLLOW UP ON THE LEGAL SERVICES CORPORATION OFFICE OF THE INSPECTOR GENERAL - AUDIT OF SELECTED INTERNAL CONTROLS Federal Agency: Legal Services Corporation Federal Program Information & Assistance Listing Number: 09.703068 Award Period: 1/1/2024 to 12/31/2024 Type of Findings: Significant Deficiency, Material Non-compliance Compliance Areas: Allowable Cost and Cost Principles Questioned Costs: None Condition The Legal Services Corporation Office of Inspector General issued a final report (OIG Report) on December 2, 2024 for its testing of internal control and operational activities and noted inadequate policies, practices, and oversight over ten of eleven areas (formalize internal controls in writing for fixed assets, cost allocation, credit cards, contracting, derivative income, general ledger and financial control, disbursements, budgeting and management reporting, payroll, and client trust funds for the period of January 1, 2022 through April 30, 2023. Given the timing of the December 2, 2024 OIG Report, certain conditions existed during the annual audit of the year-ended December 31, 2024. As of April 30, 2025, management has updated most of the policies noted in the OIG report; however, the policies mentioned in the OIG report have not been reviewed or adopted by the Board. Criteria 45 CFR Subtitle B - Subtitle B-Regulations Relating to Public Welfare, Chapter XVI - CHAPTER XVI- LEGAL SERVICES CORPORATION, § 1600.1 - § 1600.1 as further clarified in the LSC Financial Guide. Effect DNA is not in compliance with Legal Services Corporation federal statutes as further clarified in the LSC Financial Guide. Cause Primarily due to turnover and short staffing in the accounting transaction cycle. Additionally, with the last update of the accounting policies in November 2019, many of the policies have not since been updated as they do not conform to the LSC's current compliance requirements.

Corrective Action Plan

Recommendation We recommend DNA formally respond, in detail, to all deficiencies reported in the OIG Report, including Accounting Policies and other Policies such as the Vehicle Use Policy. As the Board needs to formally adopt all revised policies as noted in the OIG Report, we recommend: DNA provide the Board a redline copy of the changes for each revised policy. Correlate each revised policy to each finding in the OIG report and, Provide the Board each related policy section guidance in the LSC Financial Guide. Management Response Corrective Action: As of April 30, 2025, our accounting department is fully staffed and we are supporting accounting staff training needs. As of April 30, 2025, management has drafted updates to many of the policies and procedures referenced in the OIG report. Updated policies, including a revised Accounting Manual and an updated Personnel Manual will be presented to the Board, the Board Budget & Audit Committee, or the Board Executive Committee prior to the June 2, 2025 OIG response deadline. Management acknowledges that during the 2024 audit period the Legal Services Corporation Office of Inspector General (OIG) issued a final report on December 2, 2024 noting inadequate accounting policies, practices, and oversight for the period of January 1, 2022 through April 30, 2023. Also, while many of the policies noted in the OIG report have been updated, the policies mentioned in the OIG report have not been reviewed or adopted by the Board. Three primary causes contributed to the deficiencies noted during the period under review by the OIG (January 1, 2022 through April 30, 2023), and before the issuance of the final LSC OIG report in December 2024: Staffing shortages. For most of the January 1, 2022 to April 30, 2023 review period DNA had three vacancies in our five-person accounting operation. Additionally, our Chief Financial Officer was hired during the middle of the period under review, and even though he has extensive legal services accounting experience, he just started learning about DNA's organizational structure and accounting practices, and refamiliarizing himself with LSC accounting policies and financial guidelines. A change in LSC accounting standards applicable to nonprofit LSC funded organizations was implemented during the period under review which made some of our policies and procedures outdated. Management made a strategic decision to wait for the issuance of the final OIG report to ensure that updates to policies and practices would fully align with the OIG's expectations, rather than implementing piecemeal or interim measures that might have required further revision. Due Date of Completion: June 2, 2025 Responsible Person(s): Executive Director and Chief Financial Officer

Categories

Allowable Costs / Cost Principles Internal Control / Segregation of Duties

Other Findings in this Audit

  • 559040 2024-001
    Significant Deficiency
  • 559041 2024-001
    Significant Deficiency
  • 559042 2024-001
    Significant Deficiency
  • 559043 2024-001
    Significant Deficiency
  • 559044 2024-001
    Significant Deficiency
  • 1135481 2024-001
    Significant Deficiency
  • 1135482 2024-001
    Significant Deficiency
  • 1135483 2024-001
    Significant Deficiency
  • 1135484 2024-001
    Significant Deficiency
  • 1135485 2024-001
    Significant Deficiency
  • 1135486 2024-001
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
09.703 Basic Field Grant - Native American - Arizona $3.65M
09.703 Basic Field Grant - Arizona $1.12M
09.703 Basic Field Grant - New Mexico $449,154
21.008 Low Income Taxpayer Clinics $184,121
93.558 Temporary Assistance for Needy Families $126,577
16.575 Crime Victim Assistance $72,870
21.027 Coronavirus State and Local Fiscal Recovery Funds $53,281
09.703 Carry Forward 2023 $22,582
09.703 Basic Field Grant - Native American - New Mexico Jicarilla Apache $11,045
09.703 Basic Field Grant - Technical Improvement Grant $313