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2016

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Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley Apr 2016

Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley

Washington and Lee Law Review

In their efforts to hold financial institutions accountable after the 2007 financial crisis, U.S. regulators have repeatedly turned to anti-money-laundering laws. Initially designed to fight drug cartels and terrorists, these laws have recently yielded billion-dollar fines for all types of bank engagement in fraud and have spurred an overhaul of financial institutions’ internal compliance. This increased reliance on anti-money-laundering laws, we argue, is due to distinct features that can better help regulators gain insights into financial fraud. Most other financial laws enlist private firms as gatekeepers and hold them liable if they knowingly or negligently engage in client fraud. Yet, …


Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo Apr 2016

Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo

Journal Articles

On September 11, 2001, United Airlines Flight 93 — one of the four airplanes hijacked that day — crashed into a vacant parcel of land in rural Pennsylvania, killing all on board. For many, including family members of those killed in the attack and the Park Service that now manages the national memorial at the site, the former strip mine was transformed into ‘sacred’ ground. Unable to settle on a price with the landowner, in 2009 the government took the property through eminent domain. Focusing on the ongoing effort in United States of America v. 275.81 Acres of Land to …


The Undercover Detective Looks At Data Breach Contract Clauses: Who Should Be Responsible Under The Contract For Costs Of Cover, Jill Bronfman Apr 2016

The Undercover Detective Looks At Data Breach Contract Clauses: Who Should Be Responsible Under The Contract For Costs Of Cover, Jill Bronfman

South Carolina Law Review

No abstract provided.


Financial Fraud, Audit Risks, Inherent Risk, Detection Risk, Data Mining, Amer Mohammed Salman, Yahya Ali Kathem Apr 2016

Financial Fraud, Audit Risks, Inherent Risk, Detection Risk, Data Mining, Amer Mohammed Salman, Yahya Ali Kathem

Journal of Economics and Administrative Sciences

The study seeks to use one of the techniques (Data mining) a (Logic regression) on the inherited risk through the use of style financial ratios technical analysis and then apply for financial fraud indicators,Since higher scandals exposed companies and the failure of the audit process has shocked the community and affected the integrity of the auditor and the reason is financial fraud practiced by the companies and not to the discovery of the fraud by the auditor, and this fraud involves intentional act aimed to achieve personal and harm the interests of to others, and doing (administration, staff) we can …


The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers, Abraham C. Reich, Steven J. Rocci Mar 2016

The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers, Abraham C. Reich, Steven J. Rocci

Akron Intellectual Property Journal

The general purpose of this paper is to sensitize intellectual property lawyers to the potential impact on their practice created by Sarbanes-Oxley. At a more detailed level, and because of the unique challenges facing them, this paper addresses Sarbanes-Oxley's potential impact on patent lawyers who practice before the PTO, even when it is the patent lawyer's sole practice. To that end, this paper will highlight relevant portions of Rule 56, the relevant ethical code sections, and the pertinent considerations under Sarbanes-Oxley.


Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris Mar 2016

Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris

Fordham Urban Law Journal

This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any “unlawful,” “unfair,” or “deceptive” acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime—which has been the law of the land for several decades—carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest stages. Unfortunately, that promise …


Do Automated Trading Systems Dream Of Manipulating The Price Of Futures Contracts? Policing Markets For Improper Trading Practices By Algorithmic Robots, Gregory Scopino Mar 2016

Do Automated Trading Systems Dream Of Manipulating The Price Of Futures Contracts? Policing Markets For Improper Trading Practices By Algorithmic Robots, Gregory Scopino

Florida Law Review

This Article seeks to determine if the CFTC needs new tools to combat disruptive, manipulative, or otherwise harmful trading practices that originate solely from the “minds” of ATSs. Part I of this Article provides a brief regulatory background of the derivatives markets, then examines the increased automation in those markets today, and concludes by looking at the CFTC’s initial responses to the issues raised by automation. Part II briefly looks at the law concerning different mental states for causes of action. Part III examines the CFTC’s pre and post-Dodd–Frank Act tools to police disruptive and manipulative trading practices, which are …


Monitor’S Report Regarding Compliance By Defendant J.P. Morgan Chase Bank, N.A. For The Measurement Period Ended September 30, 2015, United States Of America, Et Al. V. Bank Of America Corp., Et Al. Mar 2016

Monitor’S Report Regarding Compliance By Defendant J.P. Morgan Chase Bank, N.A. For The Measurement Period Ended September 30, 2015, 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 Period Ended September 30, 2015, United States Of America, Et Al. V. Bank Of America Corp., Et Al. Mar 2016

Monitor’S Report Regarding Compliance By Defendant Bank Of America, N.A. For The Measurement Period Ended September 30, 2015, 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 Period Ended September 30, 2015, United States Of America, Et Al. V. Bank Of America Corp., Et Al. Mar 2016

Monitor’S Report Regarding Compliance By Defendant Citimortgage, Inc. For The Measurement Period Ended September 30, 2015, 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 Ditech Financial Llc (F/K/A Green Tree Servicing Llc), As Successor By Assignment From Defendants Residential Capital Llc, Gmac Mortgage Llc, And Ally Financial Inc. For The Measurement Period Ended September 30, 2015, United States Of America, Et Al. V. Bank Of America Corp., Et Al. Mar 2016

Monitor’S Report Regarding Compliance By Ditech Financial Llc (F/K/A Green Tree Servicing Llc), As Successor By Assignment From Defendants Residential Capital Llc, Gmac Mortgage Llc, And Ally Financial Inc. For The Measurement Period Ended September 30, 2015, 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 Period Ended September 30, 2015, United States Of America, Et Al. V. Bank Of America Corp., Et Al. Mar 2016

Monitor’S Report Regarding Compliance By Defendants Wells Fargo & Company And Wells Fargo Bank, N.A. For The Measurement Period Ended September 30, 2015, United States Of America, Et Al. V. Bank Of America Corp., Et Al.

National Mortgage Settlements Digital Archive

No abstract provided.


Public Corruption: Causes, Consequences & Countermeasures, Victor Hartman, Sridhar Ramamoorti Mar 2016

Public Corruption: Causes, Consequences & Countermeasures, Victor Hartman, Sridhar Ramamoorti

Accounting Faculty Publications

The article discusses the cause and consequences of public corruption in the U.S. It mentions several countermeasures against public corruption which include strengtening the organizational commitment, behaviour, and emphasizing code of ethics. The article also mentions the conflict of interests, challenges on law enforcement, and asset misappropriation.


January To March 2016 Mar 2016

January To March 2016

All Summaries

No abstract provided.


Misconduct Risk, Christina Parajon Skinner Mar 2016

Misconduct Risk, Christina Parajon Skinner

Fordham Law Review

Financial misconduct and systemic risk are two critical issues in financial regulation today. However, for the past several years, financial misconduct and systemic risk have received markedly different treatment. After the global financial crisis, regulators responded to the traditional quantitative risks that banks pose—those found on their balance sheets and in their business models—with sweeping reforms on an internationally coordinated scale. Meanwhile, with respect to misconduct, regulators have reacted with a traditional enforcement approach—imposing fines and, in some cases, prosecuting individual malefactors. Yet misconduct is not only an isolated or idiosyncratic risk that can be spot treated with enforcement: misconduct …


The Foreign Corrupt Practices Act: Imposing An American Definition Of Corruption On Global Markets, Mateo J. De La Torre Mar 2016

The Foreign Corrupt Practices Act: Imposing An American Definition Of Corruption On Global Markets, Mateo J. De La Torre

Cornell International Law Journal

No abstract provided.


Timber! The Sec Falls Hard As The Georgia District Court In Timbervest Finds The Appointment Of The Sec Aljs "Likely Unconstitutional", Moses M. Tincher Mar 2016

Timber! The Sec Falls Hard As The Georgia District Court In Timbervest Finds The Appointment Of The Sec Aljs "Likely Unconstitutional", Moses M. Tincher

Mercer Law Review

The higher you go, the harder you fall. This simple, yet powerful, adage could not be more apt regarding the recent rise and fall in power of the United States Securities and Exchange Commission (SEC). The rise began in 2010 when Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), giving the SEC new power over its administrative proceedings. Using this new power, the SEC brought more insider-trading and highly contested cases before specially hired administrative law judges (ALJs), who conduct these administrative proceedings. This "home-court" advantage corresponded with the SEC's enforcement division enjoying an 86%, …


Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead Mar 2016

Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead

University of Richmond Law Review

No abstract provided.


Whistleblowers And Financial Innovation, Christina Parajon Skinner Mar 2016

Whistleblowers And Financial Innovation, Christina Parajon Skinner

North Carolina Law Review

No abstract provided.


Senior Citizens And Cybersecurity Awareness, Carlene Blackwood-Brown, Yair Levy, Steven Terrell Feb 2016

Senior Citizens And Cybersecurity Awareness, Carlene Blackwood-Brown, Yair Levy, Steven Terrell

GWEP Conference

No abstract provided.


Senior Citizens And Cybersecurity Awareness, Carlene Blackwood-Brown, Yair Levy, Steven Terrell Feb 2016

Senior Citizens And Cybersecurity Awareness, Carlene Blackwood-Brown, Yair Levy, Steven Terrell

GWEP Conference

No abstract provided.


Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader Feb 2016

Skilling Reconsidered: The Legislative-Judicial Dynamic, Honest Services, Fraud, And The Ill-Conceived "Clean Up Government Act", J. Kelly Strader

Fordham Urban Law Journal

No abstract provided.


Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor Feb 2016

Introduction: Examining White Collar Crime With Trifocals, Ellen S. Podgor

Fordham Urban Law Journal

No abstract provided.


Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan Feb 2016

Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan

Fordham Urban Law Journal

No abstract provided.


Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan Feb 2016

Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan

Fordham Urban Law Journal

No abstract provided.


Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco Feb 2016

Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco

Maryland Law Review

No abstract provided.


Does Webinar-Based Financial Education Affect Knowledge And Behavior?, Carrie L. Johnson, Joel B. Schumacher Feb 2016

Does Webinar-Based Financial Education Affect Knowledge And Behavior?, Carrie L. Johnson, Joel B. Schumacher

Journal of Extension

Using webinar delivery for Extension financial education programs allows educators to reach a broader range of clientele. It can, however, be difficult to gauge participants' learning of concepts in an online environment. Evaluations of two webinar series, one in Montana and the other in South Dakota, sought to determine the effectiveness of using webinar-based financial education. Online retrospective pre-post and follow-up evaluations of the programs showed that participants increased their knowledge and performed positive financial behaviors as a result of participating.


Patterns Of Similarity Of Corporate Frauds, Joshua Onome Imoniana, Fernando Dal-Ri Murcia Jan 2016

Patterns Of Similarity Of Corporate Frauds, Joshua Onome Imoniana, Fernando Dal-Ri Murcia

The Qualitative Report

The current study examined the patterns of the similarity of corporate frauds. It used written scenarios of the frauds experienced from workplace. Participants were 10 graduate MBA students in a controllership program of the Presbyterian Mackenzie University, located in São Paulo, Brazil, during the period of December 2013. In our study, they described the recent types of fraud they witnessed. A premise supports the similarity of frauds in regard to misappropriation of asset following the flaws in internal control and the authorising schemes. Our study concludes for the scenarios holding for similarity in misappropriation of assets plus monetary theft and …


Securing A Future In Cyberspace, Jody Record Jan 2016

Securing A Future In Cyberspace, Jody Record

UNH Today Archive

No abstract provided.


Financial Crises And International Trade In Developing Economies, Amrita Bhattacharya Jan 2016

Financial Crises And International Trade In Developing Economies, Amrita Bhattacharya

Research Papers

No abstract provided.