Page 469 - ACFE Fraud Reports 2009_2020

Many of the cases referred to law enforcement were still pending at the time of our research, but we analyzed the
results of the 324 cases for which respondents reported a particular outcome. Combining pled guilty/no contest
responses with convictions at trial, 75% of respondents in our current study said their case resulted in perpetrators
being found guilty. Only 1% of reported prosecutions ended in acquittal.

Figure 78: Result of Cases Referred to Law Enforcement

0.9%
2014 56.5% 18.2% 15.4% 9.0%

1.5% Pled Guilty/No Contest
2012 55.6% 16.4% 19.2% 7.2%
Convicted at Trial
1.2% Declined to Prosecute
2010 65.9% 22.7% 10.3% Acquitted
Other*
0% 20% 40% 60% 80% 100%
*“Other” category was not included in the 2010 Report. PERCENT OF CASES

There are many reasons why an organization might decline to refer occupational fraud cases to law enforcement.
In our past three Reports, the most common reasons for deciding not to refer cases have been: fear of bad pub-
licity, internal punishment deemed sufficient, private settlement reached with the fraudster and criminal action
deemed too costly to pursue. However, the top two reasons — fear of bad publicity and sufficient internal pun-
ishment — have declined steadily in the past three Reports (from 43% to 35%, and 34% to 31%, respectively).

Figure 79: Reason(s) Case Not Referred to Law Enforcement

34.7%
Fear of Bad Publicity 38.3%
42.9%
30.5%
Internal Discipline Sufficient 20.5% 28.6% 33.3%
REASON GIVEN FOR NOT PROSECUTING Too Costly 11.0% 13.1% 14.5% 18.9%
33.7%
21.3%
Private Settlement

20.2%
Other*
11.7%

Lack of Evidence
4.6%
Civil Suit
3.3%
4.9% 8.1% 13.1% 2014
0.6% 2012
Perpetrator Disappeared 0.7%
0.6% 2010
0% 10% 20% 30% 40% 50%
*“Other” category was not included in 2010 Report. PERCENT OF CASES

REPORT TO THE NATIONS ON OCCUPATIONAL FRAUD AND ABUSE 65