Digital Commons Network^™

A New Crime For Corporate Misconduct?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

A History Of Forensic Accounting, Kristen Dreyer

Honors Projects

Forensic Accounting is a relatively new profession that uses ideas and techniques started centuries ago. The profession has been molded and shaped by many aspects of the shifting world including the economy, society, and legislation. The evolution of Forensic Accounting is described in this paper. Many examples of cases where Forensic Accountants have been critical to the solution are included. Charts and trends of the profession are used liberally to illustrate the progress of the profession throughout history.

Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman

Richmond Journal of Law & Technology

During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies, cybercrimes and payment systems, darknets, Tor and the “deep web,” Bitcoin; Liberty Reserve, Silk Road, and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly.

Back Matter

Seidman Business Review

No abstract provided.

The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

The Fourteenth Annual A.A. Sommer, Jr. Lecture On Corporate, Securities, And Financial Law At The Fordham Corporate Law Center, Michael M. Martin, Ben A. Indek, Chair Mary Jo White

Fordham Journal of Corporate & Financial Law

No abstract provided.

Seeing Is Believing: Do Analysts Benefit From Site Visits, Qiang Cheng, Fei Du, Xin Wang, Yutao Wang

Research Collection School Of Accountancy

Using the unique data of analysts’ site visits to Chinese listed companies, we examine whether and how analysts’ site visits help improve their forecast performance. We find that the forecast accuracy of analysts improves after they visit the target firms and this improvement still holds after controlling for the concurrent change in the forecast accuracy of analysts who do not conduct site visits. Such an improvement is more pronounced for firms with better corporate governance; for more experienced analysts; and for firms with higher earnings volatility. Moreover, the improvement of forecast accuracy is less pronounced when current site visits are …

Multi-Stakeholder Case Prioritization In Digital Investigations, Joshua I. James

Journal of Digital Forensics, Security and Law

This work examines the problem of case prioritization in digital investigations for better utilization of limited criminal investigation resources. Current methods of case prioritization, as well as observed prioritization methods used in digital forensic investigation laboratories are examined. After, a multi-stakeholder approach to case prioritization is given that may help reduce reputational risk to digital forensic laboratories while improving resource allocation. A survey is given that shows differing opinions of investigation priority between Law Enforcement and the public that is used in the development of a prioritization model. Finally, an example case is given to demonstrate the practicality of the …

Taxpayer Beware: A Jurisdictional Examination Of Deference Owed To Revenue Rulings And The Case For Congressional Action, Colin Barrett

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The (Un)Enforcement Of Corporate Officers' Duties, Megan Wischmeier Shaner

Faculty Articles

No abstract provided.

The Role Of The States In The Regulation Of Private Placements, Manning Gilbert Warren Iii

Kentucky Law Journal

No abstract provided.

Litigation Discovery And Corporate Governance: The Missing Story About The "Genius Of American Corporate Law", Érica Gorga, Michael Halberstam

Emory Law Journal

Strikingly absent from the entire corporate governance and corporate litigation debate is a unique feature of American civil procedure that deserves special attention: the modern civil discovery regime. This Article attempts to fill this gap. We argue that modern discovery, first established by the Federal Rules of Civil Procedure in 1938, has had a profound impact on the evolution of shareholder litigation, corporate governance, and the culture of corporate disclosure in the United States.

Corporate Revenue Miscalculations & The Impact On Stakeholders, Karen Cascini, Alan L. Delfavero, Ryan Bezner

WCBT Faculty Publications

Corporate earnings restatements are regarded as one of the most significant issues in accounting today. While there are various factors that can influence profitability, revenue is the key contributor to a business’ net income. During the 2000s, a multitude of domestic and multinational corporations faced significant issues with their revenue recognition practices. Although the investing public might regard any revenue restatement as laden with possible fraud, this is not always the case. Multinational firms face dual accounting systems, such as U.S. Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Currently, similarities and differences between the accounting systems …

Interdisciplinary Perspectives On Corruption, David Jancsics

Publications and Research

Corruption has become one of the most popular topics in the social scientific disciplines. However, there is a lack of interdisciplinary communication about corruption. Models developed by different academic disciplines are often isolated from each other. The purpose of this paper is to review several major approaches to corruption and draw them closer to each other. Most studies of corruption fall into three major categories: (i) rational-actor models where corruption is viewed as resulting from cost/benefit analysis of individual actors; (ii) structural models that focus on external forces that determine corruption; and (iii) relational models that emphasize social interactions and …

Criminal Accountability And Wall Street Executives: Why The Criminal Provisons Of The Dodd-Frank Act Fall Short, Jennifer G. Chawla

Seton Hall Law Review

No abstract provided.

Progression In The Age Of Recession: Restorative Justice And White-Collar Crime In Post-Recession America, Daniel Luedtke

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

Can Using The Internal Audit Function As A Training Ground For Management Deter Internal Auditor Fraud Reporting?, Christopher K. Eller

Theses and Dissertations

This study examines the effects of using the internal audit function as a training ground for management and fraud magnitude on internal auditor fraud reporting decisions. Using a 2x2 between-participants experiment, the current study manipulates the use of the internal audit function as a management training ground (used as a training ground vs. not used as a training ground) and fraud magnitude (large fraud, defined as 30 percent of net income vs. small fraud, defined as one percent of net income). The results indicate that internal auditors may be less likely to report a fraud to their superior when the …

Fraudsters, Churches, Economy, And The Expectations Gap: Applying Trends Of Occupational Fraud To An Assurance Engagement Team Plan And Fraud-Prevention Client Proposal, Jenny Trout

Honors Theses

The purpose of this thesis is to present an overview of fraud, including concepts, trends, and controls to in turn, develop an effective assurance work plan as well as a fraud-prevention proposal to a potential client. When KPMG collected data from 348 of their company fraud investigations in 2011, an average of 87 percent were male (3). Around thirty-two percent of fraudsters usually worked in a finance role which gave them access to assets and financial statements. According to Donald Cressy's research, it takes all three elements to be considered fraud: a triangle of motivation, opportunity, and rationalization. However, in …

Too Much Of A Good Thing? The Effect Of Internal Control Monitoring System Alerts On User Perceptions Of Task-Technology Fit, Julia Kokina

Open Access Theses & Dissertations

Anecdotal and field study evidence points to both positive and negative effects of alerts produced by technology-enabled internal control monitoring systems (ICMS) (Alles et al. 2006, 2008; Debreceny et al. 2003, 2005; Perols and Murthy 2012). An important unanswered question is how those alerts impact users who process them and decide whether any corrective action should be taken. In this study I surveyed financial executives and accounting professionals to examine the impact of alerts on user perceptions of task-technology fit (TTF) (Goodhue and Thompson 1995). Alerts generated by ICMS can bring to the attention of company leadership indications of errors, …

Is The White Collar Offender Privileged?, Samuel W. Buell

Duke Law Journal

Much public commentary has asserted or implied that the American criminal-justice system unjustly privileges individuals who commit crimes in corporations and financial markets. This Article demonstrates that this claim is not accurate—at least not in the ways commonly believed. Law and practice of sentencing, evidence, and criminal procedure cannot persuasively be described as privileging the white collar offender. Substantive criminal law makes charges in white collar cases easier to bring and harder to defend against than in other cases. Enforcement institutions, and the political economy in which they exist, include features that both shelter corporate offenders and heighten their exposure …

Three Essays On Auditor Industry Specialization, Ankita Singhvi

Open Access Theses & Dissertations

This Dissertation consists of three separate but related essays examining auditor changes, auditor industry specialization and audit fee premiums.

The first essay investigates whether audit committee characteristics affect the types of auditor changes from an industry specialist auditor to a non-industry specialist auditor or the reverse. I examine whether selection of an external auditor is affected by audit committee characteristics such as: 1) number of meetings, 2) number of members on the audit committee, 3) proportion of auditing experts and, 4) proportion of financial experts. The findings show that a greater proportion of auditing experts on the audit committee positively …

Dirty Entanglements: Corruption, Crime, And Terrorism. By Louise I. Shelley. New York, N.Y.: Cambridge University Press, 2014., Nicole K. Drumhiller

Journal of Strategic Security

No abstract provided.

Issues Raised By Studying Defond And Zhang: What Should Audit Researchers Do?, John Donovan

Faculty Publications

We view audit-quality choice as one among many that managers make to maximize firm value. We question whether audit-quality differences among publicly traded companies are of significant interest to investors, clients, and auditors and ask for research on this topic.  Relatedly, we ask for research on whether auditors and their clients show behavior consistent with regulated audit quality exceeding the audit quality level demanded absent regulation. We propose that researchers incorporate the competitive advantages of auditors and the institutional features of the audit process into the definition of audit quality. We propose that audit quality research test for externalities and …

Corporate Headhunting, Daniel C. Richman

Faculty Scholarship

A wide range of commentators – including some pretty sophisticated ones – have raked through the ruins of the 2008 financial collapse, confident that there are significant criminal prosecutions to bring against individuals and that the Justice Department should be faulted for its failure to bring them. Their confidence that blockbuster criminal cases could have been made rests on shaky grounds. So, too, does their faith that the hunting of heads is a socially productive response to the collapse. If anything, a focus on headhunting will only distract from, and reduce the pressure for, efforts to explain the collapse and …

Safer To Steal Than Score : Press Coverage Of Financial And Sexual Scandals, And Electoral Outcomes, Chance York

LSU Doctoral Dissertations

This dissertation examines communication processes surrounding political scandal. It demonstrates that scandal coverage is improperly calibrated to the severity of scandal accusations, with trivial but salacious sex scandals tending to receive inordinate amounts of press attention while deeper forms of financial corruption go unreported or underreported. Patterns of scandal coverage, in turn, result in real-world effects on public perceptions and electoral outcomes. Specifically, sex scandals generate such intense media scrutiny that accused officials often resign their offices rather than generate unwanted publicity. Financial scandals are often downplayed, resulting in little or no ramifications for the accused. Recognizing basic differences in …

Monitoring Gulf Coast Fish Quality, Karl Edward Bell

Theses and Dissertations

Globalization and the rise of fish importation has led to an increase in mislabeling. To combat this problem, analytical and molecular methods have been employed. First, nitrofuran metabolites were extracted, hydrolyzed, and derivatized in channel catfish, swai, and tilapia. Utilizing high performance liquid chromatography coupled with triple quadrupole mass spectrometry, derivatized metabolites were detected at levels of 1 ng/mL with coefficients of determination greater than 0.998. Recoveries greater than 90% and relative standard deviation less than 17% indicate that the method is successful. Secondly, chip based electrophoresis coupled with restriction fragment length polymorphism was used for the species differentiation. By …

The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown

Seattle Journal for Social Justice

No abstract provided.

Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold

Seattle Journal for Social Justice

No abstract provided.

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Financial Literacy After Sarbanes-Oxley: Building It; Sustaining It, Edwin I. Malet

Journal of Executive Education

The core theme of the article is that financial literacy is a challenging goal, but an achievable one. Contrary to popular belief, finance is a diverse subject and the meaning of “financial literacy” varies on a business-by-business, job-by-job basis. Practically speaking, “financial literacy” is interwoven with “business literacy”, i.e., understanding the transactions, processes, markets, stakeholders, etc., that together comprise a business. This makes it hard to deploy generic educational solutions. Some managers need more than others. Some need different than others. My recommendation is not to look for a universal definition of literacy, but rather to treat your company as …