A Comparative Analysis of Corporate Fraud PDF Download

Author: Sally Ramage
Publisher: iUniverse
ISBN: 0595401988
Category : Law
Languages : en
Pages : 275

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Book Description
A Comparative Analysis of Corporate Fraud: Book Four examines corporate fraud in the United Kingdom compared with that of two civil law neighbouring countries, France and Germany, as well as the United States. The objective of the study is to discover how fraud occurs, how the two different legal systems treat fraud, contributing factors, and if recommendations were made to authorities in an attempt to combat this illegal activity. The UK can learn much from the French legal system and the way France prosecutes corporations. Germany's Criminal Code is equally comprehensive in its prescriptive definitions of fraud, especially corporate fraud. Although the UK is striving for a general law against fraud, the UK Fraud Offence Bill is very inadequate, lacking detailed solutions. The UK has become entrenched in upholding legal privilege, bowing to intense lobbying by the legal profession. And the use of electronic evidence, vital in prosecuting modern corporate fraud, remains overlooked. The attitude toward corporate fraud in the UK remains laissez-faire. By analysing corporate fraud in the US, France, and Germany, author Sally Ramage highlights examples that the UK can take from these countries that combat corporate fraud without derogation of established international human rights.

Author: Sally Ramage
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The law is stated as at July 2006, before the enactment of the United Kingdom Fraud Act 2006. This thesis covers?serious? corporate fraud and not commonplace petty fraud. I examined corporate fraud, concentrating on a comparison of the United Kingdom?s fraud with that of two civil law neighbouring countries, France and Germany, both with high financial activity, and also with a few American states, common law systems like the English legal system. The objective of this study is to identify ways of combating fraud in the UK by enquiry and discovery as to how fraud occurs and how the two different legal systems- civil and common law- treat fraud. The study reveals factors contributing to corporate fraud and recommendations for combating corporate fraud. Exploring the concept of fraud, my findings are that corporate fraud is facing exponential increase, with the UK government beginning to acknowledge this. I examined the agencies that combat fraud in the states mentioned above including the UK. Although the UK is party to an impressive number of Treaties, which help to combat fraud, treaties dealing with terrorism, drug dealing, money laundering, and other organised crime, corporate fraud is still a serious problem. The conclusions can be summarised as follows. The UK could learn much from the French legal system and the way France prosecutes corporations as per Articles 132, 222, 432, 433 and 435 of the French Penal Code. Germany?s Criminal Code is equally comprehensive in its prescriptive definitions of frauds including corporate frauds as in chapters 8, 19, 2, 23, 24, 25, 26 and 30 of the German Criminal Code. The new UK?s non-codified general, core, offence of fraud, with fraud offences maintained in other statutes such as the Companies Act, likens the UK fraud regulation closer to the US?s with its Criminal Code and other statutes that deal with fraud. The UK has not yet caught up with the US Sarbanes-Oxley Act 2002 as regards electronic business systems? rules. The USA?s federal prescriptive code for fraud offences is akin to the French and German criminal codes and these are found in US Federal Penal Code Title 18, Part 1, Chapter 47, sections 1020 to 1084. Legal privilege is fraud exempt in the United but not in France and Germany. Legal privilege in the UK is partly exempt for SFO investigations and mandatory money laundering reporting.

Author: Axel Palmer
Publisher:
ISBN: 9781138241084
Category : Commercial crimes
Languages : en
Pages : 0

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Book Description
This book examines the history and creation of the UK's anti-economic crime institutions and accompanying legislation, providing a critique of their effectiveness. It analyses whether the regulatory regime established by the Coalition government is fit for purpose and appropriate for the future.

Author: Mark Button
Publisher: John Wiley & Sons
ISBN: 1119994748
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
Substantially reduce the largely hidden cost of fraud, and reap a new competitive advantage. As the title suggests, Countering Fraud for Competitive Advantage presents a compelling business case for investing in anti-fraud measures to counter financial crime. It looks at the ways of reaping a new competitive advantage by substantially reducing the hidden cost of fraud. Aimed at a wide business community and based on solid research, it is the only book to put forward an evidence-based model for combating corporate fraud and financial crime. Despite its increase and capture of the news headlines, corporate fraud is largely ignored by most organizations. Fraud is responsible for losses of up to nine percent of revenues—sometimes more. Yet, most organizations don't believe they have a problem and don't always measure fraud losses. This highlights an area for capturing a competitive advantage—with the right counter-fraud strategy, massive losses due to the cost of fraud can be reduced for a fraction of the return. Advocates a new model for tackling fraud and illustrates theories with best practice examples from around the world The authors have close links with the Counter Fraud Professional Accreditation Board: Jim Gee is a world–renowned expert in the field, and has advised private companies and governments from more than 35 countries. Mark Button is Director of the leading Centre for Counter Fraud Studies, Portsmouth University, U.K. Organizations are losing millions of dollars to fraud. This book outlines a comprehensive approach to reducing financial crime and helping return some of the revenue lost to the cost of fraud.

Author: Papadakis, Stylianos
Publisher: IGI Global
ISBN: 179984806X
Category : Business & Economics
Languages : en
Pages : 270

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Book Description
The prediction of the valuation of the “quality” of firm accounting disclosure is an emerging economic problem that has not been adequately analyzed in the relevant economic literature. While there are a plethora of machine learning methods and algorithms that have been implemented in recent years in the field of economics that aim at creating predictive models for detecting business failure, only a small amount of literature is provided towards the prediction of the “actual” financial performance of the business activity. Machine Learning Applications for Accounting Disclosure and Fraud Detection is a crucial reference work that uses machine learning techniques in accounting disclosure and identifies methodological aspects revealing the deployment of fraudulent behavior and fraud detection in the corporate environment. The book applies machine learning models to identify “quality” characteristics in corporate accounting disclosure, proposing specific tools for detecting core business fraud characteristics. Covering topics that include data mining; fraud governance, detection, and prevention; and internal auditing, this book is essential for accountants, auditors, managers, fraud detection experts, forensic accountants, financial accountants, IT specialists, corporate finance experts, business analysts, academicians, researchers, and students.

Author: Tom Obokata
Publisher: Taylor & Francis
ISBN: 1317389735
Category : Law
Languages : en
Pages : 195

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Book Description
Organised crime covers a wide range of activities, including drug trafficking, illegal trafficking of people, and fraud. The existence of a land border does not impede these operations; instead in many cases it is used to their advantage. In response, law enforcement strategies must include a transnational, multi-agency approach. This book critically analyses the extent to which Northern Ireland and the Republic of Ireland have been successful in implementing effective action against transnational organised crime. It explores the adoption of key law enforcement strategies and measures in these jurisdictions, and evaluates how regional (EU law) and international (UN Convention) standards have been implemented at the national level. Drawing on interviews with over 90 stakeholders including the Department of Justice Northern Ireland, the Department of Justice and Equality in Ireland, the Police Service of Northern Ireland and An Garda Síochána, Tom Obokata and Brian Payne discuss the factors affecting the effective prevention and suppression of organised crime, particularly in relation to cross-border cooperation. In exploring challenges of transnational crime and cooperation, this book will be of great use to students and researchers in international and transnational criminal law, criminology, and crime prevention.

Author: Robert Cressy
Publisher: Springer Science & Business Media
ISBN: 940072926X
Category : Philosophy
Languages : en
Pages : 262

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Book Description
The chapters of this book are a selection of papers presented at a joint conference on Law, Ethics and Finance was held at the York University Schulich School of Business, 16–18 September, 2010. This book highlights with empirical data the strong interplay on ethics in organisational efficiency and entrepreneurial activity, and the role of legal settings and governance in facilitating ethical standards. It is hoped these papers encourage future scholars to continue to investigate the role of law and corporate governance in mitigating corruption and facilitating integrity in management,entrepreneurship and finance. Previously published in the Journal of Business Ethics, Volume 95 Supplement 2, 2010​

Author: H. Kent Baker
Publisher: Emerald Group Publishing
ISBN: 1789734193
Category : Business & Economics
Languages : en
Pages : 323

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Book Description
Corporate Fraud Exposed uncovers the motivations and drivers of fraud including agency theory, executive compensation, and organizational culture. It delves into the consequences of fraud for various firm stakeholders, and its spillover effects on other corporations, the political environment, and financial market participants.

Author: Larry Li
Publisher: Springer Nature
ISBN: 9811936676
Category : Business & Economics
Languages : en
Pages : 361

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Book Description
Based on theoretical foundations and evidence-based case studies, this book identifies the fundamental motivations underpinning corporate fraud in both developing and developed countries. The book offers practical solutions in terms of monitoring and potentially preventing future corporate fraud activity. It is expected that uncovered corporate fraud negatively affects the public reputation, and financial performance of fraudulent firms. However, what is of more importance for fraudulent firms is how to regain the trust of customers, investors, and other stakeholders, as this impacts the long-term sustainability of businesses. Operational strategies, including reform, provide an effective channel for a fraudulent firm’s business sustainability yet this notion remains unexplored in the literature. This authored research book argues that the choice of appropriate operational strategies is critical as they serve as an effective channel for fraudulent firms to re-gain the trust from customers and markets, re-establish their reputation, and enhance the firm’s long-term value. The authors posit that there is no ‘one-size fits-all’ approach because the choice of effective operational strategies is needed to acknowledge the significance of context such as industry type, economic conditions, legal frameworks as well as the firm’s fraudulent characteristics.

Author: M. Krambia-Kapardis
Publisher: Springer
ISBN: 1137406437
Category : Business & Economics
Languages : en
Pages : 245

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Book Description
Recent large-scale corporate collapses, such as Lehman Brothers, Enron, Worldcom, and Parmalat, highlight the implosion of traditional models of fraud prevention. By focusing on risk factors at the micro level, they have failed to take into account the broader context in which external auditors operate as well as the crucial importance of such factors as corruption, organizational culture, corporate social responsibility, ethical values, governance, ineffective regulation, and a lack of transparency. Corporate Fraud and Corruption engages readers by showing how evidence-based, multi-level micro and macro analysis of fraud risk and protective factors inform effective fraud prevention, in turn minimizing financial catastrophes. Krambia-Kapardis focuses on her own empirical research into the aetiology of fraud to showcase a holistic approach to fraud prevention. This book also features major case studies from the United States, the United Kingdom, and Australia.