5 steps to protect your company against warranty fraud

Elements of a successful fraud-combatting program

This is the second installment in a series on warranty fraud. Read part one here.

If your company is successful, chances are you have terrific products and an equally good warranty support program. Potential customers look at your warranty program and have confidence to buy your products. Criminals, though, look at your warranty program as an opportunity to steal millions of dollars of new product from you.

How do successful companies balance the need to be customer friendly with being sensible about fraud?

One company, networking equipment giant Cisco Systems, headquartered in San Jose, California, has instituted a program to address the problem of fraudulent warranty claims, with significant success. “Several years ago, we proactively addressed potential problems around warranty abuse and took aggressive measures to plug any holes we came across,” says William Friedman, director of litigation at Cisco. “We developed a program, supported it and saw cases through to conclusion.”

Cisco was in danger of becoming an attractive target, because of its SMARTnet technical support services program and products that were readily sold in the secondary market. “As the popularity of our warranty program expanded, we did not want to be seen as an easy target. With all of the work we have done, potential criminals would have a hard time viewing us that way,” says Friedman.

The proactive work has paid off . In the last few years, there have been significant prosecutions of those who defrauded Cisco, which have sent a clear warning signal to other criminals. Examples are:

  • Nicholas Stoupis (Boston, MA): Stole $3.7 million through warranty fraud scheme. Pleaded guilty, sentenced to 51 months in prison and ordered to pay all $3.7 million back to Cisco.
  • Kent Scott Andrews (Cleveland, Ohio): Stole $1.9 millionin products through warranty fraud scheme. Pleaded guilty, sentenced to 33 months in prison and ordered to pay everything back to Cisco.
  • Scott and Julie Rasmussen (Las Vegas, NV): Stole more than $3 million in warranty fraud scheme. Pleaded guilty, sentenced to 48 months (Scott) and 30 months (Julie) in prison and ordered to pay over $3 million back to Cisco.

The lessons learned from Cisco’s success show that companies need a sustained commitment to combat the problem, combined with a comprehensive program with five key elements.

1. Identify the problem. Before you can come up with a solution, you need to understand how you are being defrauded. Are there holes in your warranty program? What products are the criminals getting?

2. Identify the path to market. A criminal generally does not hold on to the stolen product. He needs to off-load it to a reseller. What companies are buying stolen products and how should you engage with them (if at all)?

3. Identify the metrics. In order to get executive buy-off for making changes to your warranty program, you need to gauge the risk and potential losses related to not making a change. Do your homework and get your executive team behind you.

4. Plug the holes. As you identify areas of improvement in your internal controls, fix them so that fraud becomes more difficult. A fraud averted due to internal controls will save you from having to chase the stolen property.

5. Give your program teeth. If criminals can easily defraud you, they will. And word that there is money to be made off your warranty program will spread. But, if there is a serious risk of being caught, and a commitment by the company to refer the cases for prosecution or to civilly sue the major bad actors, that message spreads too.

Although there is no one-size-fits-all solution, building a commitment and a team to confront warranty fraud is necessary and a money-saving measure. As summed up by Friedman, “the cost of doing nothing is just too high.” 

About the Author
Richard Nelson

Richard Nelson

Richard J. Nelson is a partner at Sideman & Bancroft LLP in San Francisco, where he specializes in litigation and government investigations. Mr. Nelson often works with corporations to determine evidence of fraud and other crimes committed against them, and then works with law enforcement to obtain investigations and prosecutions of entities committing the crimes. Mr. Nelson served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Columbia. He can be reached at rnelson@sideman.com and 415.392.1960.

About the Author
Erica Brand Portnoy

Erica Brand Portnoy

Erica Brand Portnoy is an associate at Sideman & Bancroft LLP in San Francisco where she focuses on the representation of corporate crime victims and brand protection matters, requiring the conducting of internal and external investigations on behalf of her corporate clients. She can be reached at eportnoy@sideman.com and 415.392.1960.

 

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

Reducing the Costs of eDiscovery from Collection to Court!

Predictive coding is only one of many ways organizations can make eDiscovery faster, cheaper and...

Discovery Shifts to the Cloud

Adoption of Cloud computing continues to gain momentum. How can IT and Legal Teams avoid...

Lower Your Total Cost of Ownership

With the deployment of Proofpoint Enterprise Archive, organizations have realized significant cost savings in automating...

Health and Safety Risks of Counterfeits in the Global Supply...

This whitepaper underscores the prevalence of counterfeits within global supply chains across a number of...

View All »

Advertisement. Closing in 15 seconds.