Fraud and Misrepresentation Relating to Invoice Factoring Transactions

Invoice factoring accounts for hundreds of billions ofand the funds are collected.
dollars in transactions each year. Although manySince the funds will never be "collected", wouldn't the
business owners aren't aware that they can receivefactoring company ask for the client to refund the
instant working capital by monetizing their accountsmoney or replace it with another invoice? Ordinarily
receivable through factoring, it is commonly used asthat would be the case, but the fraud is typically
an alternative to traditional bank loans. The recessionperpetuated by the customer submitting another
has caused the financial condition of many companiesfake invoice for advance and using those funds to
to suffer and factoring has helped these firms topay the first one. That fraudulent invoice is paid for
accelerate their cash flow in order to survive.with the proceeds of phony invoice number 3. In
Unfortunately, there are unscrupulous and desperateessence, the client is floating an interest free loan
individuals who try to manipulate and defrauduntil perpetuity or until they are caught.
factoring companies to enhance their firm's cashMost factoring companies that stay in business for
position.any length of time will put a system in place that will
The overall process of factoring is fairly simple. Thedetect such fraudulent occurrences before it can spin
client issues an invoice to a customer for goods soldout of control. Verification is the cornerstone of this
or services rendered. The customer has acceptedsystem. This includes not just the verification of
the goods or services and promises to pay oninvoice amounts and legitimacy, but also making sure
account within the client's credit terms. Instead ofthe initial information given about each of the debtors
waiting for 30 to 60 days to get paid by theis valid. Because the factor has such tremendous
customer, the client submits the invoice to theexposure, they must control payments by requiring
factoring company and receives an advance baseddebtors make all payments to a lockbox. They must
on a percentage of the invoice. This percentage isverify information provided about debtors by
anywhere from 70% to 90%, depending on severalindependent sources, not just by the client.
factors such as type of industry, creditworthiness ofThe relationship between the factoring company and
the customers and length of time in business. Thethe client should be cordial, yet entirely professional.
advance is immediately wired to the client's account.An example of how a business relationship became
The customer mails a payment payable to thetoo personal was when a client began dating a staff
company to a lockbox controlled by the factoringmember of the factoring company. He learned from
company. The factoring company then remits thehis new girlfriend that the factoring company only
reserve (the invoice total less the amount that wasverified invoices greater than $800. With that
advanced) minus the factoring fee. The transaction isinformation, he suddenly flooded the factoring
now closed. If all the factoring situations went likecompany with several phony invoices between $600
this, there would be no problem. But when fraud andto $700 each. By the time the owners of the factor
manipulation come into play, it changes everything.caught on, their exposure was over $100 thousand
The most common way dishonest people defraud adollars. They probably could have sued the client, but
factoring company is by submitting a false or inflatedknew that to do so would put the client out of
invoice for advances. Usually, this is done after thebusiness, which would cause economic peril for
relationship has been in place for a while and thethemselves. They had no choice but to ride it out
factoring company has developed a comfort level,and hope things would turn out okay.
especially with particular debtors. These phonyMost people are honest, but it only takes one or two
invoices can be done very easily with a modernbad apples to place a factoring company in a
software and a cheap printer. They can be done withprecarious situation. That's why verification on an
existing debtors that the factoring companyongoing basis is critical for a factoring company to
recognizes or fictitious customers. Usually, the phonyfunction.
invoice is submitted along with several legitimate ones