Digital Commons Network^™

The Duty To Manage Risk, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Monitor’S Report Regarding Compliance By Defendant Wells Fargo & Company And Wells Fargo Bank, N.A. For The Measurement Periods Ended March 31, 2014 And June 30, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Monitor’S Report Regarding Compliance By Defendant J.P. Morgan Chase Bank, N.A. For The Measurement Periods Ended March 31, 2014 And June 30, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Why Haven't Technologies Fixed Open Source Intelligence?, Timothy Sparks

Masters Theses, 2010-2019

Abstract

The Intelligence Community (IC) reached consensus after 9/11/2001 on the importance of Open Source Intelligence (OSINT) due to the changing nature of the global threat environment, the information explosion, and the changing intelligence requirements of the IC. Voluminous amounts of information, much of it with potential application for use in intelligence operations, continue to challenge IC intelligence analysts’ capabilities to harness, and effectively use in finished all-source intelligence production. Government reform commissions, senior IC officials, along with OSINT and technology advocates, have all espoused the growing importance of OSINT, and have outlined many ways in which the IC should …

Two Essays In Finance, Ahmed Mahmoud Elnahas

Electronic Theses and Dissertations Archive

This dissertation comprises two essays. In the first essay we show that accruals management, sales manipulation, and reckless growth in operating capacity are used in conjunction with forward splits by hundreds of firms in schemes to manipulate stock prices that help justify an average 32% increase in executives’ salaries and additional gains from aggressive stock sales. This is a path to destruction that ultimately leads to shedding of labor and physical assets and substantial declines in both return on assets and stock price that often necessitates a reverse stock split. Our results highlight agency problems in the context of deceptive …

Yates V. United States: A Case Study In Overcriminalization, Stephen F. Smith

Journal Articles

In Yates v. United States, the Supreme Court will decide whether tossing undersized fish overboard can be prosecuted under the Sarbanes–Oxley Act of 2002, a law aimed at preventing massive frauds of the sort that led to the collapse of Enron and sent shock waves throughout the economy. Although the legal issue is narrow, the case has far-reaching significance. The Yates prosecution is a case study in the dangers posed by “overcriminalization”: the existence of multitudinous, often overlapping criminal laws that are so poorly defined that they sweep within their ambit conduct far afield from their intended target.

The …

Understanding And Taming Public And Private Corruption In The 21st Century (November 2014)

Conferences and Workshops

ATTENTION: Venue has been changed to Moot Court, Room 1005.

Conference Registration

The Role Of Finance And Accounting In Enterprise Risk Management, Christopher D. Ittner

Publications and Research

No abstract provided.

Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco

Qualitative Criminology (QC)

"This book traces the roots of financial crime to the Victorian Era roughly between the years 1840-1880. Wilson situates financial crime within the context of the concerns, perceptions, developments, and issues endemic to that period. She attempts to draw the reader to the realities of this particular Victorian era as it was unfolding and explains how financial misconduct within commerce became rampant as construction of the railways spurred the growth of industrialization. The book contributes to existing literature on financial crime by providing a historical analysis of its etymology and creating awareness of its historical origins and prevalence long before …

Policing Public Companies: An Empirical Examination Of The Enforcement Landscape And The Role Played By State Securities Regulators, Amanda M. Rose, Larry J. Leblanc

Florida Law Review

Multiple different securities law enforcers can pursue U.S. public companies for the same misconduct. These enforcers include a variety of federal agencies, class action attorneys, and derivative litigation attorneys, as well as fifty separate state regulators. Scholars and policy makers have increasingly questioned whether the benefits of this multi-enforcer approach are worth the costs, or whether a more coordinated and streamlined securities enforcement regime might lead to efficiency gains. How serious are these concerns? And what role do state regulators play in the enforcement mix? Whereas the enforcement efforts of the Securities and Exchange Commission and class action lawyers have …

Tennessee Law Fall 2014, University Of Tennessee College Of Law

Tennessee Law

No abstract provided.

Conducting A Fraud Examination On Your Fraud Examination Students, Robert J. Dosch

Mountain Plains Journal of Business and Technology

The purpose of this paper is to discuss a fraud examination that occurred during a fraud examination course. The examination was not what one would first imagine. It was not an examination conducted by the students as part of the course requirements. Instead, it was an examination performed by the instructor on his students.

This paper will note how the investigation of the students relates to common components of frauds, attributes of the perpetrators, investigation methods utilized, the final resolution of this investigation, and what I might do different in future investigations.

Bad Company! The Assumptions Behind Proxy Advisors' Voting Recommendations, Bryce C. Tingle

Dalhousie Law Journal

The corporate governance challenge for Canada is to improve the quality of its corporate performance, which has been declining relative to its international peers for decades. This is quite different from the usual assumption that corporate governance is primarily a matter of controlling managerial self-dealing. While important, board monitoring of management is only one aspect of its role in a corporation; research suggests corporate governance arrangements have a significant impact on corporate outcomes, particularly in areas such as innovation where Canada lags. Third-party proxy advisory firms, which provide advice to institutional investors in Canada on corporate governance matters, have grown …

Book Review Essay: Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Claire Nolasco, Aneta Spaic

Criminology and Criminal Justice Faculty Publications (Archived)

Book review essay on Sarah Wilson's The Origins of Modern Financial Crime: Historical Foundations and Current Problems in Britain.Routledge, 2014.

Armstrong Magazine, Marketing & Communications Department, Armstrong State University

Armstrong News & Publications: Armstrong Magazine (Archived)

No abstract provided.

Consent Judgment, United States Of America, Et Al. V. Suntrust Mortgage, Inc.

National Mortgage Settlements Digital Archive

No abstract provided.

Special Considerations In Auditing Financial Instruments, September 1, 2014; Audit Guide, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

The Deterrence Effects Of Vicarious Punishments On Corporate Financial Fraud, Daphne W. Yiu, Yuehua Xu, William P. Wan

Research Collection Lee Kong Chian School Of Business

This study extends the research on corporate financial fraud by developing a new perspective on the deterrence effects of vicarious punishments premised on social learning theory. We posit that firms vicariously learn about punishments from their peers by picking up modeling cues, environmental cues, and social cues in the inhibitive learning process, thus being deterred from committing future fraudulence. Using a matched sample of 604 observations of Chinese listed firms between 2002 and 2008, our findings show that an observing firm is deterred from committing fraud if the peers in its industry are caught and punished. We further find that …

The Protection Of Deposits And Depositors: A Limited Interpretation Of 12 U.S.C. § 1833a, Alyssa King

Catholic University Law Review

No abstract provided.

Medicare Fraud In The United States: Can It Ever Be Stopped?, Chelsea Hill, Alex Hunter, Leslie Johnson, Alberto Coustasse

Management Faculty Research

The majority of the United States health care fraud has been focused on the major public program, Medicare. The yearly financial loss from Medicare fraud has been estimated at about $54 billion. The purpose of this research study was to explore the current state of Medicare fraud in the United States, identify current policies and laws that foster Medicare fraud, and determine the financial impact of Medicare fraud. The methodology for this study was a literature review. Research was conducted using a scholarly online database search and government Web sites. The number of individuals charged with criminal fraud increased from …

Negotiating Bribery: Toward Increased Transparency, Consistency, And Fairness In Pretrial Bargaining Under The Foreign Corrupt Practices Act, Peter Reilly

Faculty Scholarship

This article will explore the factors that contribute to less-than-optimal transparency, consistency, and fairness in pre-trial bargaining under the Foreign Corrupt Practices Act. The article will conclude with recommendations to strengthen the current system and make it more fair.

The article is divided into four Parts: Part I will discuss the extent of the bribery problem worldwide; the history of the FCPA; and the reasons behind the recent dramatic increase in FCPA enforcement.

Part II will discuss the elements that make up FCPA ‘jurisprudence’ given that so few cases are litigated in court; the history of using DPAs and NPAs …

Negotiating Bribery: Toward Increased Transparency, Consistency, And Fairness In Pretrial Bargaining Under The Foreign Corrupt Practices Act, Peter Reilly

UC Law Business Journal

From business to individual, almost anyone can be the subject to investigation for possible violations of the U.S. Foreign Corrupt Practices Act. If a party is indicted, the case may be resolved through an ADR vehicle currently being employed by the DOJ: The Deferred Prosecution Agreement (“DPA”) or the Non-Prosecution Agreement (“NPA”).

The use of such agreements is not guaranteed as an alternative to trial; rather they are awarded to defendants through negotiations with the DOJ. But here is the problem: This negotiation between prosecutor and accused can sometimes be unfair to the point where any “bargaining” taking place is …

Monitor’S Final Consumer Relief Report Regarding Defendant Bank Of America, N.A., United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Compensating Victims Of Crime, Douglas N. Evans

Publications and Research

Victims of violent crime are often unable to access financial compensation to offset the costs of victimization (e.g., medical, lost wages, funeral expenses) despite the massive amounts of money set aside for just that purpose. Currently, there is about $11 billion in the federal Crime Victims Fund (CVF). Less than 10 percent of this amount is allocated to state victim compensation programs. This report explores the funding mechanisms used by federal and state governments to compensate victims of crime, and it describes the administrative and policy problems in these systems. The report offers several recommendations for improvement. States have their …

Bureaupathology And Organizational Fraud Prevention: Case Studies Of Fraud Hotlines, Chelsea Ann Binns

Dissertations, Theses, and Capstone Projects

This dissertation examined the effect of organizational bureaucracy on fraud hotline performance. Fraud hotlines are used to receive anonymous fraud tips from employees in all sectors to prevent and detect fraud. This work contributes to the research on fraud hotlines, which today is very light. This work also examined individual hotline performance against organization theory, which is absent in the literature. The literature also doesn't include studies using social media data to determine organizational climate. This work contributes to that literature by providing a collective case study examination of the fraud hotlines in six organizations. Their hotline performance was examined …

Revisiting The "Merger Problem" In Money Laundering Prosecutions Post-Santos And The Fraud Enforcement And Recovery Act Of 2009, Leslie A. Dickinson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Dude, Where's My Car Title?: The Law, Behavior, And Economics Of Title Lending Markets, Paige Marta Skiba, Kathryn Fritzdixon, Jim Hawkins

Vanderbilt Law School Faculty Publications

Millions of credit-constrained borrowers turn to title loans to meet their liquidity needs. Legislatures and regulators have debated how to best regulate these transactions, but surprisingly, we still know very little about the customers who use title loans. This Article reports findings from the first large-scale academic study of title lending customers. We surveyed over 400 title lending customers across three states and obtained information about customers’ demographic and behavioral characteristics.

Based on the results of our survey and guided by insights from behavioral economics, this Article seeks to reframe the title lending debate. Instead of focusing on the risks …

When Moral Reasoning And Ethics Training Fail: Reducing White Collar Crime Through The Control Of Opportunities For Deviance, Cynthia A. Koller, Laura A. Patterson, Elizabeth B. Scalf

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The “Too Big To Jail” Effect And The Impact On The Justice Department’S Corporate Charging Policy, Court E. Golumbic, Albert D. Lichy

UC Law Journal

In the wake of the 2008 financial crisis, the failure of the Department of Justice (“Justice Department” or “DOJ”) to bring criminal charges against any financial institutions prompted critics to question whether the DOJ maintained a policy that certain corporations are “too big to jail.” The criticism piqued after the DOJ announced that it had entered into a deferred prosecution agreement (“DPA”) with HSBC to resolve a massive money laundering and government sanctions investigation. This wave of criticism is the backdrop for what the Authors call the “too big to jail” effect—two related developments, each of which has the potential …

Deafdigest: Blue Edition, May 18, 2014, Barry Strassler

DeafDigest Blue 2014

No abstract provided.