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Putting The 'Financial Stability' In Financial Stability Oversight Council, Hilary Allen

Scholarly Articles in Law Reviews & Journals

For all the ink that has been spilled on the topic of financial regulation since the financial crisis of 2007-2008, there has been little examination of the competing normative goals of financial regulation. Should the financial system be treated as an end in itself such that the efficiency of that system is the primary goal? Or should financial regulation instead treat the financial system as a means to the end of broader economic growth? This Article argues for the latter approach, and stakes out the controversial normative position that financial stability, rather than efficiency, should be the paramount focus of …

Employee Conduct When Administering Government Contracts In The Defense Logistics Agency, Sandra Genevieve Haynes-Michaels

Walden Dissertations and Doctoral Studies

The Office of the Inspector General in the Department of Justice reported cases of government contracting employees accepting bribes totaling over $540 million within a 6-year period. The purpose of this case study was to explore the perceptions of government contracting managers regarding the knowledge needed to mitigate employees' unethical behaviors when administering government contracts. Previous studies on government contracting employees' unethical behaviors focused on employees' behaviors, but lacked data concerning managers' roles in mitigating employees' unethical behaviors. The study's conceptual framework was stakeholder theory. The data were gathered through semistructured interviews conducted with 21 government contracting managers in the …

Narrowing The Gap Of Financial Fraud Detection In Corporations, Solomon Aborbie

Walden Dissertations and Doctoral Studies

Business leaders remain exposed to financial and accounting fraud as well as loss of profitability, despite the dictates of the SOX Act of 2002. The most challenging aspect of corporate management is the unexpected nature of an emerging, existing, or an inherent financial risk. Guided by the evolution of fraud theory, this exploratory case study's purpose was to identify and explore the financial management strategies that corporate financial managers need to adequately protect investors. Twenty participants from a population group of corporate auditors of Fortune 1000 corporations within 70 miles of Columbus, Ohio provided input for this study. Data from …

Best Practices To Minimize Data Security Breaches For Increased Business Performance, Fedinand Jaiventume Kongnso

Walden Dissertations and Doctoral Studies

In the United States, businesses have reported over 2,800 data compromises of an estimated 543 million records, with security breaches costing firms approximately $7.2 million annually. Scholars and industry practitioners have indicated a significant impact of security breaches on consumers and organizations. However, there are limited data on the best practices for minimizing the impact of security breaches on organizational performance. The purpose of this qualitative multicase study was to explore best practices technology leaders use to minimize data security breaches for increased business performance. Systems theory served as the conceptual framework for this study. Fourteen participants were interviewed, including …

Polypharmacy Practice Inquiry Project, Mary T. Skinner

DNP Projects

“The impending crisis, which has been foreseen for decades, is now upon us.The nation needs to act now to prepare the health care workforce to meet the care needs of older adults.” Institute of Medicine.

Given the rising tide of people over the age of 65, taking multiple medications or polypharmacy is a becoming more prevalent in older adults. Unfortunately, there are many negative consequences associated with polypharmacy. Specifically, this burden has been associated with greater health care costs and an increased risk of adverse drug events, drug-interactions, medication non-adherence, reduced functional capacity and multiple geriatric syndromes including cognitive impairment. …

Form Vs. Function In Rule 10b-5 Class Actions, Amanda M. Rose

Vanderbilt Law School Faculty Publications

The Supreme Court’s widely anticipated decision last term in Halliburton Co. v. Erica P. John Fund, Inc. did little to change the fundamental landscape of securities fraud litigation in the United States. Rule 10b-5 class actions premised on the “fraud-on-the-market” presumption of reliance may still be brought, although it is now clear that defendants may present evidence of lack of price distortion to rebut that presumption at the class certification stage. Halliburton does, however, raise a variety of new questions that will keep plaintiffs’ lawyers and defense counsel fighting for years to come. Determining the answers to these questions will …

Fraud And Its Relation To The Hospitality Industry, Nicole Ross

Honors Theses

The purpose of this study is to analyze and explore the numerous components of fraud, including its relation and presence in the hospitality industry. Additionally, the study contains findings and analyses derived from participation in a professional development series conducted in a classroom setting and two accounting case studies hosted by PricewaterhouseCoopers and KMPG in Fall 2013. I will dissect fraud down to its various elements and compile a work plan and proposal originating from the findings from the study. The study examines the causes of fraud, people who commit fraud, fraud legislation, and fraud trends. Through primary and secondary …

Employees' Perceptions About The Deterrence Effect Of Polygraph Examination Against Security Compromises, Joshua Lee Cook

Walden Dissertations and Doctoral Studies

Controversy continues over the use of polygraph testing to deter and detect potential leakers as critics argue that the technique is based on faulty assumptions. The purpose of this descriptive and exploratory research study was to determine whether there was a perceived deterrence effect related to the use of polygraphs between a group of participants who were subjected to a polygraph examination within the past year compared to those who have not experienced a polygraph examination within the same time period. Paternoster and Simpson's, as well as Vance and Siponen's, rational choice models and Bandura's social learning theory served as …

Quantitative Easing And The U.S. Stock Market: A Decision Tree Analysis, Anastasios G. Malliaris, Mary Malliaris, Ramaprasad Bhar

School of Business: Faculty Publications and Other Works

The Financial Crisis of 2007-09 caused the U.S. economy to experience a relatively long recession from December 2007 to June 2009. Both the U.S. government and the Federal Reserve undertook expansive fiscal and monetary policies to minimize both the severity and length of the recession. Most notably, the Federal Reserve initiated three rounds of unconventional monetary policies known as Quantitative Easing. These policies were intended to reduce long-term interest rates when the short term federal funds rates had reached the zero lower bound and could not become negative. It was argued that the lowering of longer-term interest rates would help …

Essentials Of Forensic Accounting, Michael A. Crain, William S. Hopwood, Carl Pacini, George R. Young

Guides, Handbooks and Manuals

No abstract provided.

The Corporate Criminal As Scapegoat, Brandon L. Garrett

Faculty Scholarship

A corporation is no scapegoat, assures the Department of Justice, because the first priority is to prosecute culpable individuals and not artificial entities. Yet, as I document in this empirical study, far more often than not, when the largest corporations settle federal criminal cases, no individuals are charged. High profile failures to prosecute executives in the wake of the Global Financial Crisis have only made the problem more urgent. The corporation appears to be a kind of a scapegoat: impossible to physically jail, but capable of receiving blame and punishment while individual culprits go free. In this Article, I develop …

The Sixth Commissioner, Nadelle Grossman

Georgia Law Review

The federal securities laws grant broad rulemaking authority to the Securities and Exchange Commission (SEC). In promulgating rules, the SEC must not only ensure that its rules protect investors and the public interest, but also consider the effects of its rules on efficiency, competition, and capital formation (the ECCF mandate). However, the SEC's rulemaking authority has been frustrated. In two decisions striking down SEC rules, the D.C. Circuit has required the SEC to conduct a quantitative cost-benefit analysis under the ECCF mandate. This contrasts with the SEC's historic practice of qualitatively assessing the effects of its rules. While these D.C. …

Leniency In Chinese Criminal Law? Everyday Justice In Henan, Benjamin L. Liebman

Faculty Scholarship

This Article examines one year of publicly available criminal judgments from a basic-level rural county court and an intermediate court in Henan Province in order to better understand trends in routine criminal adjudication in China. I present an account of ordinary criminal justice in China that is both familiar and striking: a system that treats serious crimes, in particular those affecting State interests, harshly, while at the same time acting leniently in routine cases. Most significantly, examination of more than five hundred court decisions shows the vital role that settlement plays in criminal cases in China today. Defendants who agree …

Are These Game Changers? Developments In The Law Affecting Virtual Currencies, Prepaid Payroll Cards, Online Tribal Lending, And Payday Lenders, Sarah Jane Hughes, Stephen T. Middlebrook

Articles by Maurer Faculty

In the year since our last survey, there have been significant legal developments in the areas of virtual currencies, prepaid payroll cards, online tribal lending, and payday lending. What connects some of these topics is an increasingly common strategy by federal banking regulators to influence and control the actions of entities that are not directly subject to their supervision through the relationships such entities have with regulated financial institutions. These developments also demonstrate robust state legislative and regulatory action relating to the provision of electronic payments and financial services, and document class actions alleging violations of federal and state laws. …

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.