Town of Brookfield, CT (“TOB”) Public School System Presentation to First Selectman and Board of Finance June 10, 2015 Attorney Work Product Privileged.

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Presentation transcript:

Town of Brookfield, CT (“TOB”) Public School System Presentation to First Selectman and Board of Finance June 10, 2015 Attorney Work Product Privileged and Confidential DRAFT

Table of Contents Introduction Caveats Background Scope of Investigation Targeted Approach for Selections Summary of Findings 1 Attorney Work Product Privileged and Confidential DRAFT

Introduction McGladrey was engaged by Collins Hannafin, P.C. and the First Selectman of the Town of Brookfield, CT (on behalf of the TOB Board of Finance Chair) to perform a forensic investigation of the Town of Brookfield Public School System for the fiscal years ended June 30, 2013 and This investigation was triggered by an alleged misappropriation of $987 committed by Art Colley, former Director of Finance, Technology and Operations of the Town of Brookfield, CT Public School System. Our investigation was also required in order for the McGladrey audit team to render an opinion on the TOB financial statements for the fiscal year ended June 30, Attorney Work Product Privileged and Confidential DRAFT

Caveats 3 As Certified Fraud Examiners, we are permitted to present evidence and form conclusions based upon our investigation about whether an individual may have misappropriated funds, misrepresented a transaction, or engaged in criminal conduct. We are permitted to forward evidence and other findings from our investigation to law enforcement. However, the Association of Certified Fraud Examiners Code of Professional Ethics prohibits us from expressing opinions regarding the guilt or innocence of any individual. Such an opinion can only be rendered by a judge or jury. We are not experts in concluding that documents or signatures are forged. However, we are permitted to share with law enforcement what we observe to be questionable documentation and recommend that they investigate further. Attorney Work Product Privileged and Confidential DRAFT

Background 4 During the course of the McGladrey audit of the fiscal year ended June 30, 2014, a member of the audit team found that the documentation supporting an expense reimbursement paid to Art Colley, purportedly for three iPad Minis, appeared questionable. Upon further investigation by McGladrey and the Town of Brookfield Police Department, it was determined that the invoice submitted as supporting documentation for the reimbursement was fictitious. Colley was arrested on March 9, 2015 and charged with larceny and forgery regarding the above transaction. Attorney Work Product Privileged and Confidential DRAFT

Scope of Investigation 5 Our investigation focused on the conduct of Art Colley, Elizabeth (“Liz”) Kerekes (former Administrative Assistant of Art Colley) and Anthony Bivona (former Superintendant). Our procedures were concentrated in the following areas for the fiscal years ended June 30, 2013 and 2014 (the “Scope Period”): Bank statements and bank reconciliations Cash disbursements and deposits Vendors Credit card transactions Fringe benefits and other perquisites or “perks” Use of information gathered from background checks Attorney Work Product Privileged and Confidential DRAFT

Scope of Investigation 6 Disbursements Made During the Scope Period During the scope period, there were 10,088 disbursements made by the TOB Public School System as follows: 6,802 from the TOB New World accounting system; 3,286 from the Student Activity Manager (“SAM”) accounting system. SAM is a separate and autonomous accounting system maintained solely by the Public School System outside the purview of the TOB’s centralized accounting function. The SAM system was developed, maintained and controlled by Art Colley. The SAM system also used its own separate bank account, to which Art Colley and Liz Kerekes had access. Attorney Work Product Privileged and Confidential DRAFT

Targeted Approach for Selections 7 Categories Targeted for Analysis We ultimately analyzed a selection of 606 transactions in the following categories: Attorney Work Product Privileged and Confidential DRAFT American Express charges and payments for corporate cards held by Colley and Kerekes Payments made directly to Colley, Kerekes and Bivona and any of their relatives Payments made to individuals living at the same current or prior addresses or on the same street as Bivona, Colley and Kerekes Payments made to Apple and for Apple or Apple-related products or repairs Payments to Janco, a significant vendor Payments to Anne Broadmeyer, Kerekes’ predecessor Items where the description of a transaction changed from one version of a SAM accounting file to a subsequent version Payments initiated and approved by Bivona Transactions surrounding expenditures for a Christmas party purportedly hosted by Bivona at a local restaurant

Summary of Findings 8 Findings from our analysis of the 606 transactions were summarized into four categories: Red - Evidence or circumstances indicate that the transaction involved or most likely involved a misappropriation of funds. Orange - Transactions are unsupported or have questionable support and are highly suspicious, but there is not sufficient evidence to conclude that the transaction involved a misappropriation of funds. A schedule of these transactions has been provided to the Town of Brookfield Police Department for potential further investigation. Yellow – Transactions have insufficient or no supporting documentation. It cannot be determined whether these transactions are legitimate or involve a misappropriation of funds without further explanation or supporting documentation. Green – Transactions appear to be legitimate based upon available supporting documentation and/or discussions with TOB Public School System personnel. Attorney Work Product Privileged and Confidential DRAFT

Summary of Findings by Category 9 Attorney Work Product Privileged and Confidential DRAFT

Summary of Findings – Red Category 10 Attorney Work Product Privileged and Confidential DRAFT

Summary of Findings – Red Category 11 Attorney Work Product Privileged and Confidential DRAFT

Summary of Findings – Red Category 12 Attorney Work Product Privileged and Confidential DRAFT

Summary of Findings – Red Category 13 Attorney Work Product Privileged and Confidential DRAFT

Summary of Findings – Orange Category Fringe Benefits and Other Perquisites During the Scope Period, payments were made to or on behalf of Liz Kerekes for certain fringe benefits and other perquisites. These benefits and perquisites were not provided for in Kerekes’ employment agreement. Some of these payments were made pursuant to an unsigned, unauthorized “side agreement”. This “side agreement” was facilitated and approved on Liz Kerekes’ behalf by Art Colley without the knowledge of Anthony Bivona, former Superintendant, or Eugenia Slone, Assistant Superintendant. These unauthorized payments may be potentially considered a misuse of public funds. 14

Summary of Findings – Orange Category Attorney Work Product Privileged and Confidential DRAFT 15 Summary of Fringe Benefits and Other Perquisites Paid to Liz Kerekes

Summary of Findings – Orange Category Illustrative Examples 16

Summary of Findings – Yellow Category Illustrative Examples 17

Summary of Findings – Green Category Illustrative Examples 18