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Internal Fraud

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Internal Fraud
Jennifer England
Strayer University
Accounting Capstone – ACC 499
Professor Grant A. Wills
August 3, 2011

Internal Fraud
Infosys Limited is an IT and consulting company, it defines, designs and delivers technology-enabled solutions for Global 2000 companies. Infosys provides business and technology consulting, application services, systems integration, product engineering, custom software development, maintenance, re-engineering, independent testing and validation services, IT infrastructure services and business process outsourcing. Infosys pioneered the Global Delivery Model, which is based on the principle of taking work to the location where the best talent is available, with the least amount of acceptable risk and where it makes the most economic sense. Infosys employs more than 15,000 foreign workers in the United States. In February of this year, a suit was filed in Alabama that accuses Infosys of purposefully sending its Indian employees to work full-time on incorrect visas, and that Infosys was paying these employees in India for full-time work in the United States without withholding federal or state income taxes, and overbilling customers for the labor costs of these employees. Foreign nationals that work in the United Stated on temporary contracts require an H-1B visa. In 2009, increased restrictions began on H-1B visas and in 2010 the application price for H-1B visas doubled, this is when Infosys began sending employees on B-1 visas. B-1 visas are issued to employees visiting the country for short-term business reasons not for full-time employment. H-1b visas are only available for skilled workers, those who hold a university degree. Infosys is accused of sending lower level and unskilled workers to the United States to work in full-time positions at their customer sites. This fraud is extremely damaging to the company considering that it receives around 60 percent of their revenues from the United States. This can impact Infosys’ clients as well; could the client be implicated in the suit, did they know these employees were sent on the wrong kind of visas?
Management has a responsibility to the company and its stakeholders to protect and secure the company from fraudulent activity. The management at Infosys should have made sure that its employees were qualified and being sent to work in the United States on the correct type of visa. In the same manner Infosys’ clients should have verified each and every contracted employee’s visa to make sure the immigration laws were being followed. Managing the risk of fraud should be one of the top priorities for any company especially one with far global reaches. They have a responsibility to stakeholders first keep the company in business and second to make it profitable. They also have a responsibility to their employees to provide a place of employment free of fraud and abuse. Any sign of fraud send investors running in the opposite direction, stocks go down and the company struggles. Internal controls the company should have had in place should have found this fraud and corrected it. There are many reasons that may have contributed to the fraud in this case. Considering they employ so many foreign nationals here in the United States, they have effectively increased their revenue by avoiding paying millions (if not billions) of dollars in taxes to the federal government. With the immigration laws changing all the time, costs were increased when fees were doubled for the H-1B visa that was needed to send the employees to the United States, resulting in that the company could see revenues decline. Cost is an important factor, when companies see that cost are rising they find ways to reduce them, not all of those ways are legal though. Since most of Infosys’ clients were using them to outsource work they were trying to reduce their own costs and evidently did not care enough to make sure things were done properly.
As a result of the fraudulent activity the company could see not only a severe decline in business but also could see bankruptcy. They provide a multitude of services, but any service that involves outsourcing contracted employment would likely see a decrease. Infosys has already had a major contract cancelled as a result of the fraud. The company could likely see hefty fines and tax penalties even jail time for some of its employees. The investigation into Infosys using B-1 visas instead of H-1B visas could make it harder for all outsourcing companies to bring foreign workers to the United States on any kind of visas.
The company and its management could have taken several measures to avoid this or any type of fraud. The first step to managing fraud risk is prevention; Infosys needs to implement controls, policies and procedures to prevent this kind of fraud. Detection is the next step; they should have in place a system and procedures to detect warning signs of fraud. They need to train staff properly and could implement random audits for this type of fraud. There should be an employee at every step of the process signing off that the correct visa was obtained for the correct job, and be held accountable if procedures were not followed. It was an American employee Jack Palmer that blew the whistle on the ongoing fraud, he reported the fraud to the whistleblower team, but they failed to investigate. Many companies have similar hotlines for reporting fraud, waste and abuse; these are an excellent tool if the right people are running them. It appears that the company willfully and intentionally committed fraud against the United States government to created revenue increases, that no amount of fraud prevention or detection would have stopped it.

References
Jordan, M. B. (2011, July 28). Infosys Employee Testifies on Alleged Visa Fraud. Retrieved August 01, 2011, from The Wall Street Journal: http://blogs.wsj.com/indiarealtime/2011/07/28/infosys-employee-testifies-on-alleged-visa-fraud/
Shane, D. (2011, February 28). Infosys accused of visa fraud. Retrieved August 2, 2011, from Information-age.com: http://www.information-age.com/channels/it-services/news/1605453/infosys-accused-of-visa-fraud.thtml
Tennant, D. (2011, June 26). Do Infosys' Clients Share Culpability in Alleged Visa Fraud? Retrieved August 2, 2011, from ITBusinessEdge: http://www.itbusinessedge.com/cm/blogs/tennant/do-infosys-clients-share-culpability-in-alleged-visa-fraud/?cs=47558

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