Digital Commons Network^™

American Peanuts V. Ukrainian Cigarettes: Dangers Of White-Collar Overcriminalization And Undercriminalization, Dmitriy Kamensky

MC Law Review

No abstract provided.

The Relationship Between Corporate Governance And Organizational Performance In Nigerian Companies, Toyin Ishola Lasisi

Walden Dissertations and Doctoral Studies

The growing lack of confidence in public companies arises from the recent accounting scandals and corporate collapses, which have been attributed to the consequences of separation of ownership and control in modern firms. Agency theory predicts a conflict of interest between managers and shareholders that leads to agency costs and weak performance. This study used agency, stakeholders', and stewardship theories as the theoretical framework and multiple regression analysis to examine the relationship between corporate governance mechanisms and organizational performance in nonfinancial firms listed on the Nigerian Stock Exchange. The results of the study could help clarify understanding of corporate governance …

Relationship Between Corporate Governance And Information Security Governance Effectiveness In United States Corporations, Robert Elliot Davis

Walden Dissertations and Doctoral Studies

Cyber attackers targeting large corporations achieved a high perimeter penetration success rate during 2013, resulting in many corporations incurring financial losses. Corporate information technology leaders have a fiduciary responsibility to implement information security domain processes that effectually address the challenges for preventing and deterring information security breaches. Grounded in corporate governance theory, the purpose of this correlational study was to examine the relationship between strategic alignment, resource management, risk management, value delivery, performance measurement implementations, and information security governance (ISG) effectiveness in United States-based corporations. Surveys were used to collect data from 95 strategic and tactical leaders of the 500 …

White-Collar Crime: Should You Be Afraid?, Logan Smalley

Williams Honors College, Honors Research Projects

A secondary data analysis was conducted to determine relationships between US State, dollar amount of fraud, and type of savings and loan fraud committed. Using a dataset created by Pontell et al. (1999), this paper investigates the impact of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 on prosecuting those who commit crimes within the savings and loan industry. This paper also includes research into the theoretical components of society's perception into white-collar crime and sociological theories that could explain motives behind white-collar offenses.

The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse

Vanderbilt Journal of Transnational Law

The proceeds of cybercrime are typically laundered by money mules--people used by criminal organizations to interrupt the financial paper trail by transferring money for the criminals. This Article analyzes the discursive construction of the money mule in documents of national and international anti-money laundering authorities such as Financial Intelligence Units (FIUs), Europol, and the Financial Action Task Force (FATF). It shows how case study narratives, visualizations, and metaphors contribute to an understanding of the money mule as an innocent victim of organized crime networks from West Africa and Eastern Europe, supported by money remittance companies like Western Union. These constructions …

Artificial Intelligence In Engineering Risk Analytics, Desheng Wu, David L. Olson, Alexandre Dolgui

Department of Supply Chain Management and Analytics: Faculty Publications

Risks exist in every aspect of our lives, and can mean different things to different people. While negative in general they always cause a great deal of potential damage and inconvenience for stakeholders. Recent engineering risks include the Fukushima nuclear plant disaster from the 2011 tsunami, a year that also saw earthquakes in New Zealand, tornados in the US, and floods in both Australia and Thailand. Earthquakes, tornados (not to mention hurricanes) and floods are repetitive natural phenomenon. But the October 2011 floods in Thailand were the worst in 50 years, impacting supply chains including those of Honda, Toyota, Lenovo, …

Corporate Governance And The Shareholder: Asymmetry, Confidence, And Decision-Making, John Buchanan

Walden Dissertations and Doctoral Studies

In the decade following the ten-plus percent stockmarket collapse of 2000, regulators enacted a myriad of regulations in response to increasing angst experienced by U.S. capital market retail investors. Systemic asymmetric disclosures have fractured investor confidence prompting many commentators to characterize the relationship between Wall Street and the investment community on main street as dire. Though copious works exist on the phenomenon of corporate behaviors, especially matters of shareholder welfare, weak boards, pervious governance mechanisms, and managerial excess, current literature has revealed a dearth in corporate governance praxis specific to the question and effects of asymmetric disseminations and its principal …

Financial Fraud Risk Management And Corporate Governance, Raymond Lutui, Tau'aho 'Ahokovi

Australian Information Security Management Conference

Risk management is important so that risk is assessed, understood and appropriately managed. This is important both for conformance and performance. It is essential that strategic planning and management decisions are made appropriately in the context of the risk appetite of the corporation and its various stakeholders – especially its shareholders. If a company does not have a good understanding of risk, the likelihood of conformance and performance failure is high, this implies good internal and external corporate intelligence. Large global corporations have a significant impact on economies around the world. These entities are subject to intense competition and require …

The Proceedings Of 15th Australian Information Security Management Conference, 5-6 December, 2017, Edith Cowan University, Perth, Australia, Craig Valli (Ed.)

Australian Information Security Management Conference

Conference Foreword

The annual Security Congress, run by the Security Research Institute at Edith Cowan University, includes the Australian Information Security and Management Conference. Now in its fifteenth year, the conference remains popular for its diverse content and mixture of technical research and discussion papers. The area of information security and management continues to be varied, as is reflected by the wide variety of subject matter covered by the papers this year. The papers cover topics from vulnerabilities in “Internet of Things” protocols through to improvements in biometric identification algorithms and surveillance camera weaknesses. The conference has drawn interest and …

Three Essays On The Compensation, Structure, And Decision Making Of The Board Of Directors, Duong Pham

Electronic Theses and Dissertations

My first essay examines compensation of newly formed boards of directors following tax-free corporate spin-offs. The empirical results show newly formed spin-off boards are paid significantly more than peer boards in the same industry with similar firm size. Higher compensation is observed for spin-off firms where the CEOs are not formerly employed by the parent firms but not for spin-off firms with parent related CEOs, indicating that new directors demand higher compensation for the work involved in setting up the new governing system for the spun-off firms especially when there is a brand new CEO managing the spinoff firm. Differences …

The Business Of Fraud, Jessica Marie Berkshire

Honors Program Theses

This paper will focus on fraud within companies in order to discover overarching themes of why, when, and where corporate fraud occurs. Fraud has significant financial, economic, and social implications that negatively impact a company’s business standing. Research will be based on recent frauds that have been tried through the United States Attorney’s office. Correlations will be drawn regarding the Committee of Sponsoring Organizations of the Treadway Commission’s (COSO) framework, which is a foundation for companies who want to improve their internal controls. Based on the comparisons between the COSO framework and recent fraud activity, individual COSO principles can be …

Dictation And Delegation In Securities Regulation, Usha Rodrigues

Scholarly Works

When Congress undertakes major financial reform, either it dictates the precise contours of the law itself or it delegates the bulk of the rulemaking to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rulemaking to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling and more vulnerable than statutes to judicial challenge.

This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine pieces of …

Using Benford’S Law And Mean Absolute Deviation To Distinguish Bankrupt Fraudulent Companies And Healthy Currently Operating Companies, Gary G. Johnson, Anthony W. Varnon, Shuyang Zhang

Journal of Business, Industry, and Economics

This study applies Benford’s Law to four account balances of healthy operating companies and bankrupt fraudulent companies to determine if the probability distributions related to the accounts are different between the two types of companies. Account balances for Revenue, Expense, Income Tax Expense, and Earnings per Share were drawn from three years of quarterly and annual financial statements. Two calculation models of Mean Absolute Deviation were used in assessing the conformity range of the account balances to Benford’s Law. Combination of the two models indicates that the Expense account of the healthy operating companies was in conformity with Benford’s Law, …

Laxity At The Gates: The Sec's Neglect To Enforce Control Person Liability, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

In recent years the SEC has repeatedly stressed the importance of holding gatekeepers accountable in order to promote effective corporate governance. In spite of these assertions, the Commission has failed to use two powerful tools at its disposal to pursue gatekeepers. Section 20(a) of the Securities Exchange Act provides for liability against “control persons.” This Section imposes liability upon any person who controls another liable person to the same extent as such controlled person, unless she can establish that she acted in good faith and did not directly induce the violation. Sections 15(b)(4)(E) and 15(b)(6))A) of the Exchange Act give …

Enterprise Risk Management In Responsible Financial Reporting, Robin B. Ewers

Walden Dissertations and Doctoral Studies

Despite regulatory guidelines, unreliable financial reporting exists in organizations, creating undue financial risk-harm for their stakeholders. Normal accident theory (NAT) identifies factors in highly complex integrated systems that can have unexpected, undetected, and uncorrected system failures. High-reliability organization (HRO) theory constructs promote reliability in complex, integrated systems prone to NAT factors. Enterprise risk management (ERM) integrates NAT factors and HRO constructs under a holistic framework to achieve organizational goals and mitigate the potential for stakeholder risk-harm. Literature on how HRO constructs promote ERM in responsible integrated financial systems has been limited. The purpose of this qualitative, grounded theory study was …

Challenges Facing Organizational Leaders: A Phenomenological Study Of Nigerian Organizational Leaders, Adesina Olufemi Adegunle

Walden Dissertations and Doctoral Studies

In the first decade of the 21st century, the number of functioning business organizations in Nigeria decreased by 45%. The high rate of business failures in Nigeria has left many questions about what is needed for creating business success. The purpose of this qualitative phenomenological study was to explore the influence of internal and external dynamics on leaders in Nigerian microfinance organizations. Twenty leaders from microfinance institutions participated in face-to-face semistructured interviews. The data analysis process involved the use of Moustakas's modified van Kaam method, which resulted in the emergence of 12 themes. The themes that emerged included: (a) staff …

Strategies In Mitigating Medicare/Medicaid Fraud Risk, Godfred Adomako

Walden Dissertations and Doctoral Studies

In the fiscal year 2014, approximately 1,337 health care providers lost their provider license to Medicare/Medicaid fraud. Out of the 1,318 criminal convictions reported by the U.S. Medicaid Fraud Control Units (MFCU), 395 (30%) were home health care aides who claimed to have rendered services not provided. The purpose of this multiple case study was to explore licensed and certified home health care business managers' strategies to mitigate Medicare/Medicaid fraud risk. A purposive sampling of 9 business managers and chief executive officers from 3 licensed and certified home health care businesses in Franklin County, Ohio participated in semistructured face-to-face interviews. …

Police And Citizens' Perceptions Of Community Policing In Richmond, Virginia, Denita R. Square-Smith

Walden Dissertations and Doctoral Studies

Community policing is an initiative that requires public cooperation and participation to be successful. Little is known, however, about police and citizens' perceptions of community policing and its impact on Richmond, Virginia neighborhoods. Using policy feedback theory as a lens, the purpose of this phenomenological study was to explore and gain a better understanding of RPD's and Richmond citizens' perceptions of community-oriented policing strategies in Richmond neighborhoods. Research questions focused on how officers and citizens perceive the impact of community policing strategies and the specific strategies they viewed as most successful in building public trust. Data were collected from a …

The Professional Prospectus: A Call For Effective Professional Disclosure, Benjamin P. Edwards

Scholarly Works

Without easy access to relevant information, many consumers unwittingly trust serious decisions to professionals with histories of malpractice and negligence-leading to both individual and societal harms. This Article proposes to improve professional services markets with a tool that has already proven effective in the securities markets: a prospectus. A "Professional Prospectus" would reduce information asymmetries and improve the market for professional services through disclosure and consumer choice.

A Professional Prospectus would alter the market for professional services by making professional reputation a more potent force. Economic theory often relies on "reputation effects" to ensure the efficient functioning of the market …