Digital Commons Network^™

Monitor's Interim Consumer Relief Report Regarding Defendants Ocwen Financial Corporation And Ocwen Loan Servicing, Llc, Consumer Financial Protection Bureau, Et Al. V. Ocwen Financial Corporation And Ocwen Loan Servicing, Llc

National Mortgage Settlements Digital Archive

No abstract provided.

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholer Case, Geoffrey C. Hazard Jr.

Akron Law Review

The purpose of this analysis is to explain what Kaye Scholer was about, what are the basic concepts of lawyer liability to third parties, and why the practicing bar should heed a "wake up call."

Dementia Increases Financial Fraud Risk For Seniors, Staff

Browse All News

No abstract provided.

A Study On Rule 145 Of The Securities Act Of 1933: How To Provide Clarity And Predictability In Rule 145 Transactions, Kab Lae Kim

Akron Law Review

Rule 145 is complex and incongruous with the general congressional intention of the 1933 Act. Thus, it involves the following theoretical and practical problems. First, Rule 145(a) fails to provide a clear standard for determining whether a certain recapitalization or reorganization involves a sale to trigger registration requirements...Second, Rule 145(c) and (d), as special resale provisions for “securities acquired in a Rule 145 transactions” (hereinafter Rule 145 securities), are inconsistent with general resale provisions under the 1933 Act. The SEC’s authority to establish Rule 145 was mandated by provisions of the 1933 Act. Accordingly, the resale provisions of Rule 145 …

The Myth Of The Unbiased Director, Regina F. Burch

Akron Law Review

This Article seeks to use social science research to better understand why these and other corporate governance problems persist. One reason may be that boards are biased as to how they respond to these issues. Social science research on risk perception informs us that individuals’ “preferences among different types of risk taking (or avoiding), correspond to cultural biases—that is, to worldviews or ideologies entailing deeply held values and beliefs defending different patterns of social relations.” Cultural theorists have identified four competing worldviews: communitarian, individualistic, hierarchical, and egalitarian. The communitarian and individualistic worldviews are at opposite ends of a spectrum measuring …

Performance-Based Tools For Assessing Functional Performance In Individuals With Mild Cognitive Impairment, Patricia Da Cunha Belchior, Melanie Holmes, Nathalie Bier, Carolina Bottari, Barbara Mazer, Alexandra Robert, Navaldeep Kaur

The Open Journal of Occupational Therapy

Background: It is now recognized that individuals with mild cognitive impairment (MCI) face subtle functional declines that can compromise performance in everyday tasks. However, it is still not clear how to capture these declines in the clinical setting. Thus, the goal of this study was to conduct a scoping review to identify performance-based tools for which the psychometric properties have been evaluated with the MCI population.

Methods: A scoping review of the scientific literature was performed with the guidance of a health science librarian in searching the MEDLINE, PsychINFO, CINAHL, and EMBASE databases from their inception until May 2014.

Results: …

Alumni Honors Banquet

Maryland Carey Law

No abstract provided.

Custodial Collies Of Transparency-The Competitive Advantage Of Protecting Investing Lamm[Bs] From Advising Wolves: Lamm V. State Street Bank & Trust, Steven L. Jones

Mercer Law Review

Unscrupulous investment advisers who defraud their unsuspecting clients are increasingly prevalent in our society. Consequently, investors must be increasingly vigilant to protect themselves from such individuals. A custodial bank is one way investors can prevent mismanagement and misuse of funds and securities they entrust to financial advisers. However, the United States Court of Appeals for the Eleventh Circuit opinion Lamm v. State Street Bank & Trust illustrates that the mere presence of a custodial bank does not adequately insulate investors from fraudulent adviser activity. Under current Securities and Exchange Commission (SEC) regulations, specifically 17 Code of Federal Regulations (C.F.R.) Section …

Monitor’S Report Regarding Compliance By Defendant J.P. Morgan Chase Bank, N.A. For The Measurement Periods Ended September 30, 2014 And December 31, 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 Bank Of America, N.A. For The Measurement Periods Ended September 30, 2014 And December 31, 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 Defendants Wells Fargo & Company And Wells Fargo Bank, N.A. For The Measurement Periods Ended September 30, 2014 And December 31, 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 Citimortgage, Inc. For The Measurement Periods Ended September 30, 2014 And December 31, 2014, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.

Damp Squib: The Disappointing Denouement Of The Sentencing Commission's Economic Crime Project (And What They Should Do Now), Frank O. Bowman Iii

Faculty Publications

The consolidated fraud and theft guideline, U.S.S.G. S2B1.I, has been a subject of sustained comment and critique since its adoption in 2001. Some of the critiques are technical and relate to issues such as the importance of "loss" in economic crime sentencing and the proper definition of concepts like "intended loss" and "sophisticated means." However, for the last decade or so, the dominant complaint has been that 22 Bi.i prescribes sentences that, particularly for many defendants in cases involving high loss amounts, are far too long.

Cracking The One-Way Mirror: How Computational Politics Harms Voter Privacy, And Proposed Regulatory Solutions, Kwame N. Akosah

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Examining Critical Race Theory: Outsider Jurisprudence And Hiv/Aids - A Perspective On Desire And Power, Shannon Gilreath

Minnesota Journal of Law & Inequality

Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado

Continuous Monitoring Of Enterprise Risks: A Delphi Feasibility Study, Robert Baksa

Dissertations

A constantly evolving regulatory environment, increasing market pressure to improve operations, and rapidly changing business conditions are creating the need for ongoing assurance that organizational risks are continually and adequately mitigated. Enterprises are perpetually exposed to fraud, poor decision making and/or other inefficiencies that can lead to significant financial loss and/or increased levels of operating risk. Increasingly, Information Systems are being harnessed to reinvent the risk management process. One promising technology is Continuous Auditing, which seeks to transform the audit process from periodic reviews of a few transactions to a continuous review of all transactions. However, the highly integrated, rapidly …

Monitor’S Second Interim Report Regarding Compliance By Ocwen Loan Servicing, Llc As Successor By Assignment From Defendants Residential Capital Llc, Gmac Mortgage Llc, And Ally Financial Inc. 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.

Intermittent White-Collar Offenders: Who They Are And How To Stop Them, Mark Edward Correia

Criminal Justice

This paper examines intermittent white-collar offenders. Intermittent offenders represent the most dangerous of white-collar offenders as they are criminally dormant for years at a time and commit deviant acts when the opportunity presents itself. It is for this reason that they are classified as “opportunity seekers.” This paper will discuss previous white-collar crime research and assert that white-collar offenders are predisposed to crime. In addition, a modern definition for white-collar crime will be introduced. Following the analysis of the intermittent white-collar offender characteristics, real-world applications on how to dissuade offenders from participating in white-collar crime will be discussed. The onus …

Coins In The Air: A Literature Review On The Evolving Framework Of Bitcoin And Its Relevance To The Accounting Profession, Javin H. Forrester

Accounting

Bitcoin is an innovative virtual currency, which has gained much commercial traction, yet is widely overlooked by the accounting profession. Due to its parallels with actual currencies and its growing use, accountants should be aware of what bitcoin is, including its risks and benefits, in order to properly leverage its business uses. Of the existing financial instruments, derivatives stand out in their potential to stabilize the bitcoin market. Bitcoin regulation is sparse, but evolving, especially in the face of the emerging bitcoin securities and derivatives markets. The accounting profession is poised to play a major role in facilitating the future …

Human Intelligence In Federal Terrorism Cases, Noah James Schneider

Graduate Theses and Dissertations

Though it has often been quipped that the September 11th attacks changed "everything", domestic policy alterations were among the most significant changes after 9/11. Specifically, the 2002 Ashcroft Attorney General Guidelines and the 2008 Mukasey Attorney General Guidelines were two of the most impactful policy changes following 9/11. These Attorney General Guidelines changed the way the Federal Bureau of Investigation (FBI) investigated terrorism in the United States in addition to making counterterrorism the FBI's top priority. One of the ways the FBI prevents terrorism is through the use of undercover agents and confidential informants. How the 2002 and 2008 Attorney …

The Corporation As Victim Of White Collar Crime: Results From A Study Of German Public And Private Companies, Dr. Hendrik Schneider

University of Miami International and Comparative Law Review

No abstract provided.

Enhancing The Compensatory Roles Of Financial Regulatory Agencies In South Korea: Lessons From The U.S. Sec's Fair Fund, Daeil Kim

Maurer Theses and Dissertations

Recent financial scandals in South Korea that caused massive harms to financial consumers instigated voices that financial regulators should play a more active role in recompensing victims for losses incurred by misconduct in the financial market. In this regard, this thesis aims to suggest several considerations in developing the compensation scheme for injured financial consumers in Korea. This thesis first reviews the Federal Account for Investor Restitution (FAIR) Fund operated by the U.S. Securities and Exchange Commission. Specifically, it broadly addresses the history, overall process, operation, and major issues related to the FAIR Fund. Based on the FAIR Fund review, …

Citizens Bank Of Pennsylvania V. Reimbursement Technologies Inc

2015 Decisions

USDC for the Eastern District of Pennsylvania

Sigtarp Quarterly Report To Congress April 29 2015, United States: Office Of The Special Inspector General For The Tarp

Documents

No abstract provided.

Andrew Mackey V. Warden Fairton Fci

2015 Decisions

USDC for the District of New Jersey

The Islamic State Of Iraq And The Levant (Isil): Combatting The Challenge Of Post-Modern Islamic Terrorism, Colin M. Bowie

MAD-RUSH Undergraduate Research Conference

Author: Colin Bowie

Academic Major(s): International Affairs and Justice Studies

Institution: James Madison University

Presentation Title: The Islamic State of Iraq and the Levant (ISIL): Combatting the Challenge of Postmodern Islamic Terrorism

Abstract: This 38-page white paper examines the causes behind the terrorist group ISIL and ultimately recommends a comprehensive policy to destroy the group and eliminate chances of its revival. The author reviews the history of Al Qaeda in Iraq and the unraveling of Syria during its civil conflict. ISIL’s rise, tactics and its manifestation as a group that actively holds territory is discussed. A literature review then analyzes …

Financial Fraud Detection By Using Grammar-Based Multiobjective Genetic Programming With Ensemble Learning, Haibing Li

Lingnan Theses

Financial fraud is a criminal act, which violates the law, rules or policy to gain unauthorized financial benefit. As an increasingly serious problem, it has attracted a lot of concerns. The major consequences are loss of billions of dollars each year, investor confidence and corporate reputation. Therefore, a study area called Financial Fraud Detection (FFD) is obligatory, in order to prevent the destructive results caused by financial fraud. In general, traditional modeling approaches are applied and based on pre-defined hypothesis testing of causes and effects for FFD problems. In addition, the evaluation criteria are often based on variable significance level …

Financial Literacy And College Students: An Exploration Of College Students’ Attitudes, Behaviors, Influences And Preparedness For Financial Decisions After Graduation, Kerry Quirk

Honors Projects in Finance

Financial literacy is the level of understanding an individual has for different financial topics, including but not limited to, investment vehicles, retirement accounts, saving, budgeting, credit and taxes, and the use of such knowledge to change one’s financial behavior to create a more positive financial position for the future. Past research has shown that college students consistently have low levels of financial literacy. They also lack knowledgeable influences on their financial education. Because many college students will soon enter the workforce after graduation and will be responsible for managing their own salary, retirement accounts and investment options, they can be …

Possible Bias In Asset Valuations: An Application Of The Fraud Risk Triangle To Divorce Cases, Jennifer Tomasetti

Honors Projects in Accounting

No abstract provided.

Time For An Update: A New Framework For Evaluating Chapter 9 Bankruptcies, Michael J. Deitch

Fordham Law Review

    Municipal bankruptcies have been making national news since the “Great Recession.” Municipalities like Stockton, Vallejo, and Jefferson County gained notoriety for the record scale of their bankruptcy filings, only to be surpassed by Detroit shortly thereafter as the largest and most populous municipal bankruptcy filing. Historically, municipal bankruptcy occurred infrequently, leaving the nuances of many critical issues, including insolvency, asset utilization, and good faith, unexplored in case law. For example, how should a bankruptcy court analyze Detroit’s cityowned art museum that houses billions of dollars of art when bondholders, pensioners, and other unsecured creditors have unpaid claims? And how should …