CIPRO at epicentre of SA's fraud pandemic
JOHANNESBURG - South Africa is currently in the midst of a fraud pandemic. At its epicentre is the Companies and Intellectual Property Registration Office (CIPRO). Over the past two years corrupt officials at CIPRO, acting with seeming impunity, have facilitated hundreds if not thousands of scams which have hit the South African Revenue Service, a number of prominent companies, and hundreds of smaller private businesses.
Two weeks ago we reported how in 2008 duplicates of Sun Microsystems South Africa Pty Ltd and SBC International Management Services were fraudulently registered as companies on CIPRO (see article). Bank accounts were set up in these counterfeit companies' names. R51m in tax refunds from SARS, due to the legitimate companies, were then diverted into the counterfeit's accounts.
An investigation has revealed that this CIPRO based scam was just the tip of the tip of the iceberg. Counterfeit companies are being fraudulently registered through CIPRO, on an ongoing daily basis, to facilitate cheque and other forms of fraud. No proper due diligence is being done. Over the past two years the directors of several prominent companies have also been fraudulently deregistered, and new directors inserted. Again, the intention is to facilitate fraud of one kind or another.
Counterfeit companies
One of the most prevalent scams involves the registration of duplicate or counterfeit companies. These are companies which almost the same name as the real company. For instance, Avusa Media is a well known media company. In terms of proper procedure CIPRO is not allowed to register companies with a similar name. However, in October 2008, officials at CIPRO fraudulently approved the reservation of the name Avusa Media (Gauteng), and shortly afterwards a company of that name was established. Its sole director is one ‘P.M. Masondo' of Leyds Street Pretoria.
Once the company has been registered the fraudsters - who operate using stolen identities - then attempt to establish bank accounts in the name of the counterfeit company. If the bank officials are honest and alert the real company will be contacted and the fraud nipped in the bud. But all too often an account is successfully set up. This is then used to facilitate fraud against the legitimate company, its clients and suppliers, and innocent third parties.
Clients are sometimes contacted and informed that the banking details of the real company have been changed (to that of the counterfeit.) ‘Overpayments' may be made using the counterfeit company's cheques to the legitimate company's suppliers and the fraudsters will ask for a refund.
In many cases cheques are intercepted at the South African Post Office. Companies with similar names to the recipients of the cheque are then fraudulently registered through CIPRO. Bank accounts are established in that company's name, the cheques are cashed, and the money removed. Usually, the counterfeit company uses the same name with a word (such as Gauteng) or a number (usually 01) added to the end. If need be, the fraudster can simply add the "01" to the named beneficiary on the stolen cheque, and it can then be deposited into their account.
In order to give an indication of the extent of the problem we are publishing a list of 114 duplicate companies (see here) alongside the real businesses and organisations they are trying to impersonate. We have very strong grounds for believing that almost all were established fraudulently, with the intention of perpetrating fraud. We have contacted a sample of the real companies listed. Not a single one had approved the duplicate. Some were unaware of their counterfeit version. A large proportion had been targeted successfully or unsuccessfully by fraudsters using the counterfeit company's identity.
Given our time constraints we were only able to contact a small number of the legitimate companies. However, the following confirmed they had been targeted: Schindler's Lifts, SA Guide Dogs Association, Giants Canning, Trident Steel, Johannesburg Tractor Spares, G and L Agencies, Marlboro Crane Hire, Hypersave Supermarket, Space Television, Colletts Pharmacy, The Media Shop, and AfriSave Cash and Carry.
Hijacked companies
Between 2007 and 2009 a series of well known South African companies have had their legitimate directors deregistered on the CIPRO system. New directors were inserted, probably using stolen identities. In 2007 one ‘Michael Thembinkosi Mahlaba' - in reality a tractor driver living and working near Howick, KwaZulu Natal - was inserted as the director of Hellermanntyton, Renold Crofts and MacSteel Tube and Pipe. Other companies affected by this type of fraud include Cashbuild (South Africa), The Lion Match Company, Trident Steel, Fleet Street Publications, Tedelex and Gardena (SA).
Most of these frauds were carried out using the electronic lodgement of the C29m (details of directors) form. Due to weaknesses in the system agents accessing the CIPRO database could change the names of directors of any company at will. This was done from ‘outside' but it did require insider knowledge. Despite being notified of the problem as early as October 2007 CIPRO only acted in February this year. E-lodgements of the CM29 form were temporarily suspended on February 25 2009 by then acting CEO Renier du Toit. However, this did not stop the problem completely. On April 8 2009 someone inside CIPRO deregistered the two legitimate directors of BLSA industries (the company which manufactures PoolBrite). One ‘Ndumiso Terran[ce] Mzazi' was inserted as the sole director instead.
All but two of the companies contacted said they were unaware of any consequent fraud. However, one did say that an individual, claiming to be the new owner, tried to open a bank account in the company's name. He had various company documents, correspondence with the firm's attorneys, and a certificate issued by CIPRO stating that he was the sole director of the company. A first effort in Johannesburg failed after the company was alerted by the branch concerned. But he later succeeded in opening an account in a small town and the fraudsters used the good name and reputation of the company to conduct various cheque and credit card frauds.
Some companies have been hit both by hijacking and counterfeiting scams. As noted above MacSteel had directors in a subsidiary deregistered. In July 2008 a counterfeit company called MACSTEELI TRADING was established for purposes unknown. Trident Steel meanwhile has been subjected to a sustained assault by fraudsters employing, inter alia, the following counterfeit companies: Trident Steel 22 (February 2007), Trident Sterling Tube-Manufactures (November 2007), Trident Tube Manufacturer (November 2007), Trident Steel (East) (January 2008), Trident Sterling Tube Manufacturers (Gauteng) (January 2008), Trident Steel Experts Construction and Projects (January 2009.) Trident Steel is a trademark and other companies are not allowed to use those two words in their name. This, and the company's complaints, did not stop CIPRO from waving through these names over a two year period.
Comment
Once the counterfeited (or hijacked) company has been registered and a bank account opened it becomes very difficult for the police to solve subsequent frauds. The new directors usually use forged or stolen identities. A common practice is for the fraudsters to use stolen identity documents and scan and electronically alter proof of residence documents in order to meet FICA requirements. Unless the fraudsters are caught in the act, or with the false IDs in their possession, it is almost impossible to successfully nail them. Moreover, those caught are usually just runners. They would often rather go to prison for a few years than put their families at risk by fingering the syndicate bosses masterminding the scams (often Pakistanis and Nigerians).
In a written response to a query from Politicsweb CIPRO CEO Keith Sendwe said he was aware of the basic points we raised. The organisation, he said, was "pulling out all stops to prevent fraudulent activities taking place." His full reply to our questions can be found here.
In their reply Standard Bank stated: "Although we are aware of the extent of the problem of cheque interception and fraud and of accounts being opened fraudulently and in some cases with similar names to registered entities, we have not confirmed that this is as a result of alleged corruption in CIPRO, nor that legitimate details are or have been altered at CIPRO. We are not able to comment on allegations which are clearly being made against CIPRO."
Nedbank, First National Bank, ABSA and the Department of Trade and Industry had not responded to our requests for comment by the time of publication.
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Comments
Eishh! Indeed, we have become a "Striking" Fraudulent Nation. Typical of Africa.
by $ on August 07 2009, 04:50
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Sue CIPRO!!!
by js on August 07 2009, 06:27
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Sadly , this is what happens when unsuited (read black political appointments) persons are placed in positions requiring ethical , hard nosed business men with proven track records
by Green Room on August 07 2009, 07:37
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Please publish the names the names of all senior staff at CIPRO, and let them convince the public that they were carrying out their responsibilities with due diligence. The onus is on them.
There is nothing unusual or legally problematical . .more
by S.N. on August 07 2009, 07:47
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I have two W**** houses operating openly within walking distance of where I live.
Every Thursday I have some idiots searching through my garbage for "paper"
I have to contend with RICA, FICA, idiot cavalcades of cars on the . .more
by Tony Soprano on August 07 2009, 08:05
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"Cipro Quality Policy
The management and personnel of CIPRO are committed to servicing our customers with excellence to ensure their continued satisfaction. This will be achieved by implementing and maintaining a quality management system which . .more
by S.N. on August 07 2009, 08:21
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Arn't we perhaps worse? Just asking.
by Bruce on August 07 2009, 08:46
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Let's not forget, Sendwe is the genius behind awarding the document management tender to Valor IT...
by donovan on August 07 2009, 08:47
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CIPRO cliams to be "ISO9001 compliant. This means that they claim to have quality assurance procedures in place to ensure that everything works as it should. What has happened, clearly means that their ISO9000 certification should be withdrawn. The . .more
by S.N. on August 07 2009, 08:51
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Welcome to the Circus of South Africa.
And the reply from SBSA is as grovellingly P******* as one would expect. 'You scratch my back I'll scratch yours, or anything, anything, anything, anything, please, please, please!!".
by CICERO on August 07 2009, 08:56
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enough said you said it all
by Basil on August 07 2009, 09:04
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Did you see Louis Theroux'x documentary last night (BBC). it seems the only way to sort this out is to get a bigger thug to bat for you (literally).
by Albie on August 07 2009, 10:21
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I know for a fact that a company belonging to Std Bank has been affected by this fraud in the past 6 months. Their reply is a politically correct load of waffle, aimed at not ruffling government feathers. Trevor Manuel was correct, companies are cowards . .more
by Joe on August 07 2009, 10:38
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Paleantologist: "Wonder if there is any Nigerian involvement as it seems from reports they are masters in this sort of thing"
What an unpatriotic thing to say! The Nigerians can teach us nothing -- the ANC are now the grandmasters of . .more
by S.N. on August 07 2009, 11:07
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Will the towering intellectual who monitors this site please tell me what is unacceptable about the word "P*******" above in my foregoing comment to describe the miserably arsecrawling, mewling, statement of SBSA on this article?
IE." . .more
by CICERO on August 07 2009, 11:26
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Thanks Mr. Myburgh
by Good journalism on August 07 2009, 11:46
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Apparently the head of the institution in question is white!!!
by Bobo on August 07 2009, 11:47
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Is this not the direction of everything in this country? Break it down, and once broken, try to fix it. And we, the loyal tax payers, now have to fill in more and more documents to get anything done, while the system is corrupt.
by Lukeman on August 07 2009, 12:03
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This must be a black thing...
by ActionCop on August 07 2009, 12:11
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Do they?
by ActionCop on August 07 2009, 12:14
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My posts are not posted - moneyweb seems 'dictated'
by Silent on August 07 2009, 12:15
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Take action on them
by Attorneys and general on August 07 2009, 12:16
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Clearly it's not an impediment to opening fraudulent bank accounts en masse. But it does create a high cost, hugely irritating admin burden for honest account holders and banks. This ANC government's real skill is passing useless legislation that protects . .more
by Gatvol on August 07 2009, 12:36
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I complained to the SA Bureau of Standards about CIPRO's ISO9000 quality assurance certification -- and got a response withing 30 minutes! This must be an SA record. They wroite:
"An official complaint has been opened on our system and will be . .more
by S.N. on August 07 2009, 14:24
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I can think of many P-words ... but not one with so many letters. If it's poppycock, check your etymological dictionary -- it's worse than you think [Dutch origin]
by S.N. on August 07 2009, 14:43
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you are damn good at this stuff.
by x on August 07 2009, 15:29
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I've been FICA-ed so often I feel as if I'm a financial W**** who's been F**-ked.
Point is useless politicians and their equally useless sidekicks make laws ostensibly to outsmart the criminals, who just happen to be infinitely smarter than . .more
by mpho on August 07 2009, 15:31
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we can only say thank you to the anc.....
by onlooker on August 07 2009, 16:03
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Look in the Oxford Concise Dictionary for P*******,: "arousing pity, or sadness or contempt. miserably inadequate. F pathetique LL patheticus."
Do they educate these people nowadays?
Watch Austropathecus Africanus take the whole . .more
by @S.N. on August 07 2009, 16:08
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Look in the Oxford Concise Dictionary for P*******,: "arousing pity, or sadness or contempt. miserably inadequate. F pathetique LL patheticus."
Do they educate these people nowadays?
Watch Austropathecus Africanus take the whole . .more
by CICERO on August 07 2009, 16:10
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I wonder why there is still such a fuss about the awarding of the ECM tender to ValorIT. CIPRO had a press conference where they were able to show that the procurement process they went through was stringent and vigorous. Being black does not equate . .more
by PNK on August 07 2009, 16:53
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Mr Myburgh, you are a National Asset! Well Done!
... interesting that Domza et al are significantly absent here.
by Saffer on August 07 2009, 17:34
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ROTTEN ROTTEN ROTTEN ROTTEN ROTTEN ROTTEN
This is the core of our country being eaten by maggots. Maggots who have no regard for anything or anyone except themselves and their self enrichement. Every day we are seeing that they infest every . .more
by GT on August 07 2009, 17:40
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You are living in a racial never-never land. Read the NOSEWEEK article, or is that too rich for you.
Your comment (sic) smack (sic) of racial intolerance. Real African pomposity to boot. Why not write in your home language, you would be . .more
by CICERO on August 07 2009, 17:40
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Now how did SA became such a corrupt state? Is the answer perhaps to be found in the kind of government that was selected for South Africa by the victorious white left, in the form of the Black Sash, the Anglican Communion, an assortment of Commies, etc? . .more
by JVR on August 07 2009, 19:02
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Someone at SARS has been leaking who's getting refunds - dummy accounts are opened in these genuine companies' names.
Once again, the name of Standard Bank is at the fore.
It seems they are so busy FICAing their honest customers of years' . .more
by CJB on August 07 2009, 20:19
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a contract. It is about corrupt, thieving bastards who are not being brought to book by useless 'managers' like Keith Sendwe. I wonder what proportion of the fraudsters will be brought in front of a judge and of those that face trial the proportion that . .more
by semaarnet on August 07 2009, 21:16
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Congratulations to the investigators who blew the whistle on this monumental fraud.
Hercules labour of cleaning of the Aegean Stables was a minor feat compared what our new Hawk (only one "Hawk' appointed so far I believe) must do. "
When . .more
by mayday on August 07 2009, 21:56
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PNK - you highlight a very important issue. No, not the Valour deal, rather the inability of people to see past skin colour and to seen criminals for what they are - CRIMINALS. End of story.
At the moment every time I give out my ID number and home . .more
by GT on August 07 2009, 22:04
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Quite right JVR but we all know that many of these"enablers" now live overseas, many with of their chortling compatriots, some of whom fled to avoid the looming judicial process they feared. Countries like OZ, Canada, nowadays will not readily consider . .more
by THE GENUINE CICERO on August 08 2009, 10:50
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The reality is that much of this fraud can be prevented through the use of IT, proving timely and relevant information in a tamper proof manner. But the banks can do much more to get the debate going on digital signatures
by Nic Roets on August 08 2009, 11:59
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Augean stables, actually.
King Augeas owned the largest herd of cattle in the world and, because they were divine cattle and divinely healthy, the cattle produced prodigious amounts of divinely healthy BS. Hercules was given a single day in . .more
by S.N. on August 08 2009, 17:21
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Very well put. A man with a classical leaning!
But what will happen to the other Saffers, of all hues, who are not at the primal trough? Bearing in mind that we are discovering every day that the dinosaurs took many others with them, leaving . .more
by GENUINE CICERO on August 09 2009, 10:29
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@ S.N. thanks for the correction.
always glad to learn something
by mayday on August 10 2009, 10:58
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It's time to make each person legally accountable for their actions for life.
by Immoral on August 10 2009, 14:23
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that I live you have illiterate morons as councillors whose only aim is to buy a new car and then drive it at high speed because they are late for a meeting! Have a look at the gobbledegook that the Chief Financial Officer (sic) of this town is quoted as . .more
by semaarnet on August 10 2009, 19:08
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It is sad that when a black CEO's embarks on his transformation agenda, then the cabals start crying! An environment that has been so infested by their "white' collar crime activities becomes haunting, and the guilty ones revolt, because their long . .more
by bongs-ms on August 11 2009, 20:41
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At least CIPRO is nicely "transformed". There might have been a little loosening of standards along the way but we can proudly say that their management reflect the racial ratios of the country.
The solution is easy. I say bring in the Scorpions . .more
by Sad Days on August 12 2009, 10:06
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I want to know what recourse one has against a corporate(bank) when their own minimum advertised requirements are not met for a job? However they still go ahead and employ people who do not meet the minimum criteria. Should they not readvertise the . .more
by Sunny Naidoo on August 25 2009, 09:55
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No matter what you do. no matter how much written requests and or complaints you make it all falls on deaf ears. We have been threatened by CIPRO to cancel our company a few times. I say let them. That way we simply revert to private business and stop . .more
by Brian on September 10 2009, 16:42
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