Digital Commons Network^™

Countering Capture: A Political Theory Of Corporate Criminal Liability, Jennifer H. Arlen

Faculty Articles

In order to effectively deter organizational misconduct, countries must hold companies liable for their organizational misconduct. Some scholars argue, however, that countries should not impose criminal liability on companies and instead should rely entirely on civil liability, which can impose the same sanctions on companies as criminal liability. This claim that corporate civil enforcement is as effective as criminal enforcement is incorrect because it overlooks how the choice between the two affects companies’ ability to use their political influence to undermine corporate enforcement intensity. This Article shows that eliminating federal corporate criminal liability would undermine deterrence because large corporations would …

Regulatory Arbitrage And The Persistence Of Financial Misconduct, Colleen Honigsberg, Edwin Hu, Robert J. Jackson Jr.

Faculty Articles

Financial-advisor misconduct often has devastating consequences, leading lawmakers to seek tightened investor protections at the federal level. But many advisors can choose whether to be regulated under the federal regime or instead be overseen by state insurance regulators, giving advisors with a history of misconduct reason to select the laxer state-level regulatory environment. Despite extensive debate over the regulation of financial advice, no prior work has examined those incentives. Using a novel dataset, this Article identifies thousands of financial advisors who have committed serious misconduct and exited the federal regulatory regime—yet continue to advise investors, often using state insurance licenses. …

Strategies To Prevent Occupational Fraud In The Financial Sector, Cecile Alicia N. Mccormack

Walden Dissertations and Doctoral Studies

Financial business leaders who experience significant occupational fraud lose substantial profits. With a greater understanding of the antifraud strategies needed to protect profit margins, leaders may be able to improve the long-term sustainability of their firms. Grounded in the fraud diamond theory, the purpose of this qualitative single-case study was to explore strategies financial business managers use to prevent occupational fraud in Kingston, Jamaica. Data were collected from semistructured interviews and documents such as annual reports, training and development manuals, policy and procedure manuals, and financial performance reports. The participants were four managers who worked in a Kingston-based financial organization …

Crime And The Corporation: Making The Punishment Fit The Corporation, John C. Coffee Jr.

Faculty Scholarship

The debate over corporate criminal liability has long involved a fight between proponents who argue that corporate liability is necessary for effective deterrence and opponents who claim that it “punishes the innocent.” This Article agrees and disagrees with both sides. Corporate criminal liability could play a critical role in establishing an effective deterrent to organizational misconduct, but today it largely fails. Currently, we have a system that combines Deferred Prosecution Agreements, Non-Prosecution Agreements, and extraordinarily generous sentencing credits for compliance plans that have failed, and the result is a system that is more carrots than sticks. The evidence seems clear …

The Alchemy Of Effective Auditor Regulation, Sarah J. Williams

Lewis & Clark Law Review

The audit profession has repeatedly failed in its obligation to accurately opine on financial statements prepared by companies that trade in U.S. markets. The list of entities that have contributed to the quest for effective regulation of these auditors is long; it includes the American Institute of Certified Public Accountants (AICPA), the U.S. Securities and Exchange Commission (SEC), Congress, outside directors of public companies, and the Public Company Accounting Oversight Board (PCAOB), a recent congressional creation. Yet, despite 50 years of effort, the formula for efficacious oversight of the audit profession remains elusive.

This Article is the first in a …

Board Gatekeepers, Yaron Nili

Faculty Scholarship

For the last decade, investors, scholars, and regulators have turned to independent directors in key leadership positions as a means to safeguard corporate boards’ ability to serve as a robust check on management’s power. As a result, a vast majority of public companies’ boards are now led by an Independent Chair, or, alternatively, include a Lead Independent Director.

These ostensible outsiders—which this Article calls “board gatekeepers”—are meant to be even more empowered and detached from management compared to the rest of the board. This allows them to serve an independent gatekeeping function—a necessary guardrail against management’s ability to exert undue …

Witnessed From The Justice Bus: Covid Drove Equal Justice Off The Road, But Technology Grabbed The Wheel And Is Steering Us Into The Future, Jude Schmit, Rachel Albertson

Mitchell Hamline Law Review

No abstract provided.

For Our Servicemembers, For Us All: How To Better The Military Lending Act And Why Civilians Should Demand Its Improvement, Knox Yellin

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review (2017-Present)

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly …

Career Engine, Priya Darshini Cheripalli

All Capstone Projects

Career Engine is a website where people can search for jobs, apply for one or multiple positions, or review a company as a current or past employee. A recruiter, who represents a company, can post openings on the website, contact applicants, or conduct interviews. Job postings on this website are free to be searched or browsed by anyone visiting the site. However, if one needs to apply for a job, this user needs to register with or log in to the website. All recruiters also need accounts to post job openings.

By using this website, companies or recruiters can also …

Management System For A Restaurant, Naga Nikhila Vallabhaneni

All Capstone Projects

The Management System for a Restaurant is a web-based application. The main aim is to provide better communication between customers and restaurants. By using this application, the user can order from any location. This application will reduce all the manual processes. So, users can view the restaurant menu from nearby locations, and can place an order and view the status of the order like cooking/packed/delivered.

There are three main actors in this application: Admin, Restaurant manager and User. The admin will create all menus with their corresponding price lists. Also, the admin will be able to view statistical reports for …

Board Gatekeepers, Yaron G. Nili

Emory Law Journal

For the last decade, investors, scholars, and regulators have turned to independent directors in key leadership positions as a means to safeguard corporate boards’ ability to serve as a robust check on management’s power. As a result, a vast majority of public companies’ boards are now led by an Independent Chair, or, alternatively, include a Lead Independent Director.

These ostensible outsiders—which this Article calls “board gatekeepers”— are meant to be even more empowered and detached from management compared to the rest of the board. This allows them to serve an independent gatekeeping function—a necessary guardrail against management’s ability to exert …

Leveraging Maching Learning In Financial Fraud Forensics In The Age Of Cybersecurity, Md. Ariful Haque, Sachin Shetty

VMASC Publications

Financial sectors are lucrative cyber-attack targets because of their immediate financial gain. As a result, financial institutions face challenges in developing systems that can automatically identify security breaches and separate fraudulent transactions from legitimate transactions. Today, organizations widely use machine learning techniques to identify any fraudulent behavior in customers' transactions. However, machine learning techniques are often challenging because of financial institutions' confidentiality policy, leading to not sharing the customer transaction data. This chapter discusses some crucial challenges of handling cybersecurity and fraud in the financial industry and building machine learning-based models to address those challenges. The authors utilize an open-source …

Strategies To Decrease Unethical Financial Management Behavior In Nonprofit Organizations, Cristi Michelle Hargrave

Walden Dissertations and Doctoral Studies

Unethical financial management leadership conduct in nonprofit organizations threatens organizational mission accomplishment. Leaders of nonprofit organizations who fail to decrease unethical financial management conduct can observe a lack of mission accomplishment in their organizations. Grounded in the stakeholder and agency theories, the purpose of this qualitative multiple case study was to explore strategies nonprofit leaders use to decrease unethical financial management conduct. Participants were three nonprofit leaders from organizations on the East Coast of the United States who implemented strategies to reduce unethical financial management conduct. Data were collected using semistructured interviews and a review of nonprofit regulatory reporting documents. …

Challenges Of Digital Privacy In Banking Organizations, Okechukwu Innocent Ogudebe

Walden Dissertations and Doctoral Studies

As the information and technology age becomes more advanced, digital privacy flaws have become more challenging. Information technology (IT) security managers, chief information security officers, and other stakeholders in banks are concerned with identity-based authentication attacks because identity-theft attacks cause data breaches. Grounded in the protection motivation theory, the purpose of this qualitative pragmatic study was to examine strategies IT security professionals working on internet banking platforms use to mitigate identity-based authentication attacks. The study participants comprised five IT security professionals currently working in the online banking industry from the northeastern United States with at least 5 years of experience …

Using Open-Source Software For Business, Urban, And Other Applications Of Deep Neural Networks, Machine Learning, And Data Analytics Tools, Richard S. Segall, Vidhya Sankarasubbu

Faculty Publications

This article provides an overview with examples of what Neural Networks (NN), Machine Learning (ML), and Artificial Intelligence (AI) and Data Analytics are, and with their applications in business, urban and biomedical situations. The characteristics of 29 types of neural networks are provided including their distinctive graphical illustrations. A survey of current open-source software (OSS) for neural networks, neural network software available for free trial download for limited time use, open-source software (OSS) for Machine Learning (ML), and open-source software (OSS) for Data Analytics tools are provided. Characteristics of Artificial Intelligence (AI) technologies for Machine Learning available as open-source are …

Few-Shot Malware Detection Using A Novel Adversarial Reprogramming Model, Ekula Praveen Kumar

Browse all Theses and Dissertations

The increasing sophistication of malware has made detecting and defending against new strains a major challenge for cybersecurity. One promising approach to this problem is using machine learning techniques that extract representative features and train classification models to detect malware in an early stage. However, training such machine learning-based malware detection models represents a significant challenge that requires a large number of high-quality labeled data samples while it is very costly to obtain them in real-world scenarios. In other words, training machine learning models for malware detection requires the capability to learn from only a few labeled examples. To address …

Value Creation And The Internal Goods Of Business, Caleb Bernacchio, Robert Couch

College of Business Faculty Publications and Presentations

In his early work, Moore argues that business itself was a MacIntyrean practice. He later rejected this view in response to criticisms from Beadle and others. Most subsequent work, including that of Moore, adopted a view of organizations, including firms, as institutions that house a core practice. We first recount Moore’s early view, defend and it from various criticisms. We then briefly review research in management and finance arguing that this research supports a view of business consonant with Moore’s early view. Thus, we argue that business is a distinct practice that integrates various productive and auxiliary practices to facilitate …

Analysis Of The Influence Of Cryptocurrency Regulation On Levels Of Financial Literacy, Kieran C. Yuen

Dissertations and Theses

Using data collected by the National Financial Capability Study (NFCS), a survey by the Financial Industry Regulatory Authority (FINRA), this paper investigates the influence of passage of cryptocurrency regulation in U.S. states on levels of financial literacy. Results indicate that living in a state where cryptocurrency regulation was signed into law, a decrease was observed in the level of financial literacy. This finding supports the growing literature on factors that affect levels of financial literacy using a novel exogenous variable, cryptocurrency regulation.

Social New Retailing Business Model And Its Applicable Regulatory Pattern, Rui Wang

Dissertations and Theses Collection (Open Access)

With the booming development of mobile Internet in China, social platforms have unlocked new channels for commodity supply chain and retailing and promoted business model innovation. Online social networking has fundamentally changed the way the entire society communicates. Social networking is no longer constrained by space, social platforms have become a stage for many ordinary people to showcase themselves, and the popularity of mobile payment has made mobile phones the wallets of Chinese residents as well. The innovative contents and interaction styles delivered by social software have triggered a qualitative change in the efficiency of everyone's communication and interaction, making …

The Case For Data Privacy Rights (Or 'Please, A Little Optimism'), Margot E. Kaminski

Publications

No abstract provided.

We Like To Talk About Wrongful Convictions, But Does The United States Produce “Rightful” Convictions?, Roxann Matthews

Seattle Journal for Social Justice

No abstract provided.

Strategies That Retail Business Owners Use To Prevent And Reduce Employee Theft, Mohammed Alcobary

Walden Dissertations and Doctoral Studies

Retail business owners suffer billions of dollars in financial loss from employee theft and fraud activities, which impacts a retail business owner’s ability to remain financially stable and profitable. Retail business leaders are accountable for employee theft because employee theft goes beyond the financial loss to impact business failure and the organization’s loss of reputation. Grounded in Cressey’s fraud triangle theory, the purpose of this qualitative multiple case study was to explore strategies retail business leaders use to prevent and mitigate employee theft. Participants included six retail business leaders in Nigeria who had successfully used strategies to prevent and reduce …

Impact Of Internal Control On Fraud In Ghana’S Cap 30 Pension Payment, David Annan-Bonny

Walden Dissertations and Doctoral Studies

The Pensions Ordinance No. 42 of 1950 (Pensions Act 1950), coded as the Cap 30 pension system, provides for pensions, gratuities, and other allowances for public servants. But despite internal controls, Ghana’s Cap 30 pension payment system continues to suffer from corruption. The purpose of this study was to explore the impact of internal controls on fraud in the payment of Cap 30 pension gratuities and allowances at the national treasury in Ghana as well as the factors that inhibit the effective application of internal controls in the processing, computation, and payment of Cap 30 pension gratuities and allowances. The …

Procurement Fraud Prevention Strategies In Ghanaian Gold Mining Companies, Alfred Ekow Taylor

Walden Dissertations and Doctoral Studies

Procurement fraud occurs at various stages of the procurement lifecycle and can be very costly to organizations. Business managers are concerned with the enormous impact of procurement fraud on business revenue. Grounded in Cressey’s fraud triangle theory, the purpose of this qualitative multiple case study was to explore strategies business managers use to detect, control, and prevent procurement fraud successfully. The participants were six procurement managers in Ghanaian gold mining companies who successfully detected, controlled, and prevented procurement fraud. Data were collected using semistructured interviews and a review of company documents. Through thematic analysis, three themes emerged: (a) internal control …

Procurement Fraud Prevention Strategies In Ghanaian Gold Mining Companies, Alfred Ekow Taylor

Walden Dissertations and Doctoral Studies

Procurement fraud occurs at various stages of the procurement lifecycle and can be very costly to organizations. Business managers are concerned with the enormous impact of procurement fraud on business revenue. Grounded in Cressey’s fraud triangle theory, the purpose of this qualitative multiple case study was to explore strategies business managers use to detect, control, and prevent procurement fraud successfully. The participants were six procurement managers in Ghanaian gold mining companies who successfully detected, controlled, and prevented procurement fraud. Data were collected using semistructured interviews and a review of company documents. Through thematic analysis, three themes emerged: (a) internal control …

Camouflaged Poisoning Attack On Graph Neural Networks, Chao Jiang, Yi He, Richard Chapman, Hongyi Wu

Computer Science Faculty Publications

Graph neural networks (GNNs) have enabled the automation of many web applications that entail node classification on graphs, such as scam detection in social media and event prediction in service networks. Nevertheless, recent studies revealed that the GNNs are vulnerable to adversarial attacks, where feeding GNNs with poisoned data at training time can lead them to yield catastrophically devastative test accuracy. This finding heats up the frontier of attacks and defenses against GNNs. However, the prior studies mainly posit that the adversaries can enjoy free access to manipulate the original graph, while obtaining such access could be too costly in …

Optimizing Whistleblowing, Usha Rodrigues

Scholarly Works

Whistleblowers have exposed misconduct in settings ranging from public health to national security. Whistleblowing thus consistently plays a vital role in safeguarding society. But how much whistleblowing is optimal? And how many meritless claims should we tolerate to reach that optimum? Surprisingly, legislators and scholars have overlooked these essential questions, a neglect that has resulted in undertheorized, stab-in-the-dark whistleblower regimes, risking both overdeterrence and underdeterrence.

This Article confronts the question of optimal whistleblowing in the context of financial fraud. Design choices, which play out along two axes, have profound effects on the successful implementation of whistleblowing policy. One axis varies …

Recent Law Reforms In Eu Sustainable Finance: Regulating Sustainability Risk And Sustainable Investments, Felix Mezzanotte

American University Business Law Review

Responding to increasingly degrading environmental and social conditions, the European Commission has fostered important legal and regulatory reforms to achieve sustainable finance objectives in Europe. However, these reforms are numerous, complex, and fast-paced. They have proved difficult to grasp and contextualize, while adding to the intricacies of an already highly sophisticated EU legal and regulatory regime. This Article outlines and examines such reforms with the purpose of providing necessary insights into the current state of EU law and regulation in the area of sustainable finance. The first part of the Article conceptualizes the meaning of sustainability risk and of sustainable …

The Moderating Effect Of Stock Price On The Relationship Between Earnings Quality And Dividend Payments : A Study Of Thai Listed Companies, Jirayu Boonyuen

Chulalongkorn University Theses and Dissertations (Chula ETD)

This research paper has the objective to investigate and examine the basic relationship on the dividend policy and the earnings quality of companies in Thai stock market, by covering all the industries. The proxies for the earning qualities include a total of four proxies which are earnings persistence, accruals quality, earnings informativeness, and timely loss recognition. Moreover, this research paper also further examines the incentive of dividend policy of companies under Thai stock market by applying the dividend signaling Theory and the information content of dividends hypothesis. The incentive of dividend policy can be viewed as the signal sending by …