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Auditor

Controller

Treasurer

Tax

Collector

Internal

Audit

Sonoma

County

Grant Audit:

County of Sonoma District Attorney’s Office

California Department of Insurance

Workers’ Compensation

Insurance Fraud Program

For the Fiscal Year Ended

June 30, 2014

Audit No: 3145

Report Date December 15, 2014

Audit Manager: Kanchan Charan, CPA

Audit Supervisor: Damian Gonshorowski, CPA Auditor: Scott Jann

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Table of Contents

County of Sonoma District Attorney's Office California Department of Insurance

Workers’ Compensation Insurance Fraud Program Audit No. 3145

For the Fiscal Year Ended June 30, 2014

Internal Auditor's Report Page

Introduction and Background ... 1 ‐ 2

Objective and Scope ... 3

Procedures and Results... 4

Observations and Recommendations... 5

Supplemental Schedules: Schedule of Revenues and Certified Expenditures... 6

Schedule of Approved Budget to Expenditure Report ... 7

Schedule of Reported Expenditures to Certified Expenditures... 8

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Introduction and Background

Introduction

The Internal Audit Division (IA) of the Sonoma County Auditor‐Controller‐Treasurer‐Tax Collector’s Office (ACTTC) has completed an audit of the County of Sonoma District Attorney’s (DA’s) Office Workers' Compensation Insurance Fraud Program grant awarded by the California Department of Insurance (CDI) for the period July 1, 2013 to June 30, 2014. We conducted the audit in accordance with the International Standards for the professional Practice of Internal

Auditing (Standards), and in accordance with certain sections of the California Insurance Code

and Code of Regulations. These standards require that we identify, analyze, evaluate, and document sufficient information and evidence to achieve our audit objectives. We believe that the evidence obtained provides a reasonable basis for the results, observations, and recommendations contained in our report.

The primary purpose of our engagement is to conduct an audit of the Program, as required by law, and to certify that Workers’ Compensation Insurance Fraud Program expenditures as reported to the State were made for the purposes of the Program as specified in Section 1872.83 of the California Insurance Code, California Code of Regulations Section 2698.59, the guidelines in the Grant Application County Plan Program Strategy.

We would like to thank management and staff of the District Attorney’s Office for their time, information, and cooperation throughout the engagement.

Background

The Sonoma County DA’s Office is responsible for prosecution of public offenses in Sonoma County and institutes proceedings for the arrest of persons charged with public offenses, and advises the County Grand Jury. The Workers’ Compensation Insurance Fraud Program is administered by the Sonoma County DA’s Office.

The California Department of Insurance Workers' Compensation Fraud Program was established in 1991 through the passage of Senate Bill 1218 (Chapter 116). The DA’s Office has participated in this program since 1996, and as specified in Section 1872.83 of the California Insurance Code and the Grant Application County Plan Program Strategy, is tasked to actively seek out and prosecute insurance fraud within the jurisdiction of the County of Sonoma. The Sonoma County DA’s Office is located at the County of Sonoma Hall of Justice Building, 600 Administration Drive, Room 212‐J, Santa Rosa, California 95403. The primary goal of the grant is to provide funding for the investigation and vertical prosecution of Workers’ Compensation insurance fraud cases referred to the Office of the DA by area insurance firms and the CDI Fraud Division.

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Introduction and Background

The California Department of Insurance distributed program funding totaling $56,804 in apportioned funds to the Sonoma County DA’s Office Workers’ Compensation Insurance Fraud Program for the period July 1, 2013 to June 30, 2014. During the period of the audit, the grant funds were used to partially fund one Deputy District Attorney and one District Attorney Investigator position as well as training and audit expenditures associated with the Workers’ Compensation Insurance Fraud Program.

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Objective and Scope

Objective

The primary objective of this audit was to determine if the County of Sonoma Workers’ Compensation Insurance Fraud Program expenditures were made for the purposes of the program as specified in Section 1872.83 of the Insurance Code, California Code of Regulations Section 2698.59, and the guidelines in the Grant Application County Plan Program Strategy Scope

The audit was for the period July 1, 2013 to June 30, 2014. The scope of our work included the following:

o A risk analysis to identify significant risks of non‐compliance with policies, procedures or laws, loss or misuse of assets and inefficiencies in processes.

o A review and evaluation of internal controls designed to ensure compliance with the above requirements and to adequately reduce the risk identified.

o Tests of compliance to gain assurance that the internal control system is functioning as intended and is achieving its design objectives.

o Follow‐up on prior year recommendations.

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Procedures and Results

Procedures

We performed the procedures outlined below solely to assist the County in meeting the certification requirement of Code of Regulations Section 2698.59. The DA’s Office is solely responsible for the Program and for compliance with statutory requirements related to the program. The procedures were as follows:

1. Obtained a copy of the Program’s grant award agreement and attached application to verify the existence and amount of funding available and to be disbursed to the DA’s Office.

2. Verified the total grant funds received and deposited by the DA’s Office.

3. Traced the personnel costs and operating expenditures reported to the State on the Annual Financial Report to the applicable supporting documentation to verify that the costs reported were accurate and made for the purposes of the Program.

4. Determined whether the amount of grant funds received exceeded expenditures reported to the State.

5. Verified that the various report submission deadlines were complied with. 6. Determine the status of prior year recommendations.

Results

As a result of our procedures we are able to certify that the $36,580 in expenditures reported by the Sonoma County DA’s Office for the Workers’ Compensation Insurance Fraud Program as of June 30, 2014 were made for the purposes of the Program as specified in Section 1872.83 of the Insurance Code, California Code of Regulations Section 2698.59, and the Grant Application County Plan Program Strategy.

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Observations and Recommendations

Current Year Observations: None Prior Year Recommendations

1. The DA’s Office should try to better anticipate Workers’ Comp Insurance Fraud grant related expenditures and/or ensure that the staff levels are adequate to address the needs of the Workers’ Comp Insurance Fraud Program.

Status ‐ Implemented

The DA’s Office processed 8 additional cases in the period under audit, which contributed to the increased percentage of grant funds utilized, from 29.3% in FY12/13 to 64.4% in FY13/14. The DA analyzed the historical experience of Sonoma County Workers’ Compensation Fraud program and reduced the amount of requested grant awards by $17,615 (FY12/13 award $74,419 less FY13/14 award $56,804) which also contributed to the increased percentage of grant funds utilized noted above.

2. Going forward, the DA’s Office should implement an improved review process to better insure that the reports and worksheets used to prepare the annual report are themselves maintained accurately and completely.

Status ‐ Implemented

In FY 2013/14, the DA’s Office implemented payroll cost codes allowing for improved monitoring of staff hours attributed to grant activities.

3. For future years, management should perform an analysis to determine whether the current staffing levels for the Workers’ Compensation Insurance Fraud Program are sufficient to meet the program goals and objectives.

Status ‐ Implemented

For details see status for No. 1 above.

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Supplemental Schedules

County of Sonoma District Attorney's Office California Department of Insurance Workers' Compensation Insurance Fraud Grant Schedule of Revenues and Certified Expenditures

For the Year Ended June 30, 2014

Revenues State $ 56,804 County Match ‐ Total 56,804 Expenditures State 36,580 County Match ‐ Total 36,580 Excess (Deficiency) of

Revenues over Expenditures $ 20,224

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Supplemental Schedules

County of Sonoma District Attorney's Office California Department of Insurance Workers' Compensation Insurance Fraud Grant Schedule of Approved Budget to Expenditure Report

For the Year Ended June 30, 2014

Variance

Personnel Services

Salaries and Benefits $

Approved Budget

46,146 $

Expenditure Under (Over)

Report Budget

27,671 $ 18,475

Total Personnel Services 46,146 27,671 18,475

Operating Expenditures

Operating Expenditures 10,658 8,909 1,749

Total Operating Expenses 10,658 8,909 1,749

Equipment

Equipment ‐ ‐ ‐

Total Equipment Expenses ‐ ‐ ‐

Totals $ 56,804 $ 36,580 $ 20,224

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Supplemental Schedules

County of Sonoma District Attorney's Office California Department of Insurance Workers' Compensation Insurance Fraud Grant

Schedule of Reported Expenditures to Certified Expenditures For the Year Ended June 30, 2014

Audited Variance Expenditure Expenditures Over (Under)

Personnel Services

Salaries and Benefits $

Report 27,671 $ Certified 27,671 $ Report ‐

Total Personnel Services 27,671 27,671 ‐

Operating Expenses

Operating Expenses 8,909 8,909 ‐

Total Operating Expenses 8,909 8,909 ‐

Equipment

Equipment ‐ ‐ ‐

Total Equipment Expenses ‐ ‐ ‐

Totals $ 36,580 $ 36,580 $ ‐

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Supplemental Schedules

County of Sonoma District Attorney's Office California Department of Insurance Workers' Compensation Insurance Fraud Grant

Schedule of Costs Claimed, Certified, and Recommended Disallowed For the Year Ended June 30, 2014

Variance Claimed Costs

Audited Audited Recommended

Costs Costs Over/(Under) For

Category Classification Claimed Certified Claimed Disallowance

Personnel Services $ 27,671 $ 27,671 $ ‐ $ ‐

Operating Expenses 8,909 8,909 ‐ ‐

Equipment ‐ ‐ ‐ ‐

Totals $ 36,580 $ 36,580 $ ‐ $ ‐

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