Overbilling

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Overbilling (sometimes spelled as over-billing) is the practice of charging more than is legally or ethically acceptable on an invoice or bill.

Contents

Overview

Contractors and professionals

Overbilling in the medical industry can occur when doctors seek to overcharge the government or an insurance company for the actual services provided to their patients or by charging for services not provided. [1] Overbilling in the legal industry can occur with both large institutional clients and smaller, individual companies or personal clients. [2] Overbilling can be an issue in the consultancy and information technology industries as well. Stephen Northcutt, Cynthia Madden, and Cynthia Welti wrote that overbilling occurs more often within larger companies where there is less of a personal connection between employees or contractors and the firm being billed. [3]

Institutional overbilling

Overbilling can occur when larger institutions or governments create errors in their calculations of how much various individuals may owe. [4] Banks and credit card providers can also overbill clients, or indirectly facilitate overbilling through the method by which they allow vendors to charge a client after the client has accented to having their card billed. [5] It has been argued that overbilling is rampant enough in some industries that employees that refuse to overbill risk their jobs due to a lack of economic foresight or acuity in management policies or business plans. [6]

Laws

Overbilling clients can constitute an example of breach of contract and result in fines, lawsuits, or prison time. [7] [8] Overbilling can also be a part of U.S. Racketeer Influenced and Corrupt Organizations Act schemes and other organized crime activities. [9] Some individuals that have been convicted of overbilling were done so under the charge of mail fraud, or under the False Claims Act in the United States. [10]

Leonard Vona wrote that, "Overbilling schemes differ from false billing schemes in that the vendor is a real vendor and actual goods or services are provided. The real vendor typically commits the scheme in collusion with a company employee. The real vendor over charges the company and an accounts payable manager approves the vendor invoice for payment. The vendor can commit the scheme without internal collusion by taking advantage of known internal control weaknesses." He also wrote that overbilling can occur via fictitious charges, inflated prices, inflating the quantity on a statement above the actual quantity delivery, providing sub-standard products, charging for goods or services a vendor knows a company does not need, charging too much, and others. [11]

Anti-overbilling practices

Overbilling is a part of many fraud audit infrastructures employed by large companies. [12] Computer programs and software is often used to screen a company's finances to check for overbilling or symptoms of overbilling. [13] Overbilling has been the focus of several infamous scandals, such as the Worldcom scandal [14] and the bankruptcy of W. T. Grant. [15]

Related Research Articles

MCI Inc. Subsidiary of Verizon Communications

MCI, Inc. was a telecommunications company. For a time, it was the second largest long-distance telephone company in the United States, after AT&T. Worldcom grew largely by acquiring other telecommunications companies, including MCI Communications in 1998, and filed bankruptcy in 2002 after an accounting scandal, in which several executives, including CEO Bernard Ebbers, were convicted of a scheme to inflate the company's assets. In January 2006, the company, by then renamed MCI, was acquired by Verizon Communications and was later integrated into Verizon Business.

KPMG Multinational professional services and accounting company firm

KPMG International Limited is a British-Dutch multinational professional services network, and one of the Big Four accounting organizations.

Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse.

Factoring (finance)

Factoring is a financial transaction and a type of debtor finance in which a business sells its accounts receivable to a third party at a discount. A business will sometimes factor its receivable assets to meet its present and immediate cash needs. Forfaiting is a factoring arrangement used in international trade finance by exporters who wish to sell their receivables to a forfaiter. Factoring is commonly referred to as accounts receivable factoring, invoice factoring, and sometimes accounts receivable financing. Accounts receivable financing is a term more accurately used to describe a form of asset based lending against accounts receivable. The Commercial Finance Association is the leading trade association of the asset-based lending and factoring industries.

Accounts payable Money owed by business to its suppliers

Accounts payable (AP) is money owed by a business to its suppliers shown as a liability on a company's balance sheet. It is distinct from notes payable liabilities, which are debts created by formal legal instrument documents. An accounts payable department's main responsibility is to process and review transactions between the company and its suppliers and to make sure that all outstanding invoices from their suppliers are approved, processed, and paid. Processing an invoice includes recording important data from the invoice and inputting it into the company's financial, or bookkeeping, system. After this is accomplished, the invoices must go through the company's respective business process in order to be paid.

Phone fraud, or more generally communications fraud, is the use of telecommunications products or services with the intention of illegally acquiring money from, or failing to pay, a telecommunication company or its customers.

An invoice, bill or tab is a commercial document issued by a seller to a buyer, relating to a sale transaction and indicating the products, quantities, and agreed prices for products or services the seller had provided the buyer.

Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of securities laws.

Cynthia Cooper is an American accountant who formerly served as the Vice President of Internal Audit at WorldCom where her team exposed the largest accounting fraud in U.S. history of $3.8 billion.

Accounting software

Accounting software describes a type of application software that records and processes accounting transactions within functional modules such as accounts payable, accounts receivable, journal, general ledger, payroll, and trial balance. It functions as an accounting information system. It may be developed in-house by the organization using it, may be purchased from a third party, or may be a combination of a third-party application software package with local modifications. Accounting software may be web based, accessed anywhere at any time with any device which is Internet enabled, or may be desktop based. It varies greatly in its complexity and cost.

Accounting scandals are business scandals which arise from intentional manipulation of financial statements with the disclosure of financial misdeeds by trusted executives of corporations or governments. Such misdeeds typically involve complex methods for misusing or misdirecting funds, overstating revenues, understating expenses, overstating the value of corporate assets, or underreporting the existence of liabilities. It involves an employee, account, or corporation itself and is misleading to investors and shareholders.

Parcel audit is the process of reviewing shipping invoices for invalid charges and other billing inaccuracies. Each shipment tendered to a major parcel carrier like UPS and FedEx come with service guarantees outlined within each carrier's tariff or service guide. An increasing number of businesses contract third-party companies to perform these services because they have the technology necessary to automate the otherwise time-consuming process.

Cramming is a form of fraud in which small charges are added to a bill by a third party without the subscriber's consent, approval, authorization or disclosure. These may be disguised as a tax, some other common fee or a bogus service, and may be several dollars or even just a few cents. The crammer's intent is that the subscriber will overlook and ultimately pay these small charges without them knowing what it's all about.

Corruption in Canada Institutional corruption in the country of Canada

Overall, corruption in Canada is low compared to most other countries worldwide. Transparency International's 2019 Corruption Perception Index ranks Canada as the 12th least corrupt nation out of 180 countries, a drop from 9th in 2016. However, corruption has been an increasingly large problem in government, industry and non-governmental organizations over the past decade. For instance, in 2013, the World Bank blacklisted SNC-Lavalin and its subsidiaries from "bidding on its global projects under its fraud and corruption policy" due to the Padma Bridge scandal. Canada also ranks at the bottom of the bribery-fighting rankings with "little or no enforcement of anti-bribery measures". The 2014 Ernst & Young global fraud survey found that "twenty percent of Canadian executives believe bribery and corruption are widespread in this country". According to a study by the Graduate School of Public Policy at the University of Saskatchewan, "a large proportion of Canadians see their politicians and their institutions as fundamentally corrupt".

WorkingPoint is a web-based application providing a suite of small business management tools. It is designed to offer a single point-of-access for all business management needs while offering a user-friendly interface. WorkingPoint’s functionalities include double-entry bookkeeping, contact management, inventory management, invoicing and bill & expense management.

By definition an audit is,

Control fraud occurs when a trusted person in a high position of responsibility in a company, corporation, or state subverts the organization and engages in extensive fraud for personal gain. The term "control fraud" was coined by William K. Black to refer both to the acts of fraud and to the individuals who commit them.

A kickback is a form of negotiated bribery in which a commission is paid to the bribe-taker in exchange for services rendered. Generally speaking, the remuneration is negotiated ahead of time. The kickback varies from other kinds of bribes in that there is implied collusion between agents of the two parties, rather than one party extorting the bribe from the other. The purpose of the kickback is usually to encourage the other party to cooperate in the scheme.

The WorldCom scandal was a major accounting scandal that came to light in the summer of 2002 at WorldCom, the USA's second-largest long-distance telephone company at the time. From 1999 to 2002, senior executives at WorldCom led by founder and CEO Bernard Ebbers orchestrated a scheme to inflate earnings in order to maintain WorldCom's stock price. The fraud was uncovered in June 2002 when the company's internal audit unit, led by the vice president Cynthia Cooper, discovered over $3.8 billion of fraudulent balance sheet entries. Eventually, WorldCom was forced to admit that it had overstated its assets by over $11 billion. At the time, it was the largest accounting fraud in American history.

References

  1. "Over-billing isn't the Rx". Montreal Gazette . March 10, 1982. Retrieved July 8, 2013.
  2. "Beware of over-billing by lawyers, says CAP". The Star Online. June 20, 2008. Retrieved July 8, 2013.
  3. Stephen Northcutt; Cynthia Madden & Cynthia Welti (2004). IT Ethics Handbook:: Right and Wrong for IT Professionals. Elsevier. p. 387. ISBN   9780080478821 . Retrieved July 8, 2013.
  4. Mike Lindblom (January 28, 2012). "DOT identifies overbilling of Highway 520 tolls". Seattle Times . Retrieved July 8, 2013.
  5. Chwee Huat Tan (2001). Personal Finance in Singapore. NUS Press. p. 130. ISBN   9789971692506 . Retrieved July 8, 2013.
  6. David Callahan (2007). The Cheating Culture: Why More Americans Are Doing Wrong to Get Ahead. Houghton Mifflin Harcourt. p. 42. ISBN   9780156035576 . Retrieved July 8, 2013.
  7. John Fay (2006). Contemporary Security Management. Butterworth-Heinemann. p. 150. ISBN   9780750679282 . Retrieved July 8, 2013.
  8. Darlene Ricker (August 1994). "Greed, Ignorance, & Overbilling". ABA Journal . p. ff. Retrieved July 8, 2013.
  9. Paul A. Batista (2007). Civil RICO Practice Manual. Aspen Publishers Online. pp. 4–18. ISBN   9780735567825 . Retrieved July 8, 2013.
  10. H. Thomas Milhorn (2004). Crime: Computer Viruses to Twin Towers. Universal-Publishers. pp. 116–117. ISBN   9781581124897 . Retrieved July 8, 2013.
  11. Leonard W. Vona (2012). Fraud Risk Assessment: Building a Fraud Audit Program. John Wiley & Sons. ISBN   9781118429082 . Retrieved July 8, 2013.
  12. Leonard W. Vona (2011). The Fraud Audit: Responding to the Risk of Fraud in Core Business Systems. John Wiley & Sons. p. 169. ISBN   9781118093702 . Retrieved July 8, 2013.
  13. David Coderre (2009). Computer Aided Fraud Prevention and Detection: A Step by Step Guide. John Wiley & Sons. ISBN   9780470451618 . Retrieved July 8, 2013.
  14. "Overbilling issue may add to WorldCom's trouble". USA Today . March 7, 2002. Retrieved July 8, 2013.
  15. Caroline Sutton (2010). How Did They Do That?. HarperCollins. ISBN   9780062018519 . Retrieved July 8, 2013.