Essays on Bad Faith

Anybody who has read or watched The Game of Thrones: A Song of Ice & Fire Series –would agree with me that it is a series that shows every facet of deception used by humans.
According to Merriam-Webster, the word “deceive” means, “to make someone believe something that is not true” or “to cause to accept true or valid what is false or invalid.”
Deception is a form of dishonesty that is used everyone, every day. And the characters in this book are able to show how it is done so to achieve what one wants; whether it is something Continue reading...

Introduction

A negotiable instrument is a document that guarantees payment to a specific person. The instrument must name the payee or otherwise indicate his identity. A negotiable instrument is transferable and in essence, it is a signed document with a promise to pay the holder of the document a given fixed amount of money at a specified date or on demand. Upon the transfer of the instrument, the legal title of the instrument is passed to the owner.

Promise and negotiable instruments

A negotiable instrument is a document used in contracts, and which guarantees the payment of a given sum of money unconditionally on Continue reading...

Accounting 101

Deciding on Accounting Major
If I had to decide on the accounting major to pursue, I would choose to be a forensic accountant. This major of accounting deals with the investigation of potential frauds within a company, or prevention of fraudulent activities from occurring. Forensic accountants are also commonly known as fraud investigators, investigative accountants, forensic auditors, or fraud auditors. Of all possible accounting majors, this one attracts me the most due to a number of reasons, including the history of this major, the variety of potential employment places, the nature of the job itself, and the knowledge and Continue reading...

Business Ethics Antitrust Law

Business Ethics Antitrust Law

Introduction

The antitrust laws aim at ensuring that all businesses in a given market play by the same rules. This is so because businesses in a free market may achieve the near-monopoly status via their own merits such as creating better production processes, offering the best quality service and decreasing costs among others. However, antitrust laws set vivid boundaries for fairness in the business by prohibiting practices that control free trading. It also restrains dominant firms from abusing their market position. The antitrust laws offer regulatory review of business mergers, acquisitions and joint ventures to ensure Continue reading...

Philosophy

Introduction
Ethical behavior is an essential requirement in any activity. All Individuals have a responsibility to perform their activities in a professional manner within the acceptable moral ethics. Ethical standards are upheld both in the national constitution and corporate constitution of any company. Any individual or corporate that violates any outlined ethical law is liable to prosecution in civil and industrial courts. Ethical misconduct in the company range from inappropriate dressing, corruption, nepotism, racial discrimination and many other ethical frauds. To safeguard the reputation of an organization against a fall out with the society, the culprits should be held Continue reading...

- How many professionals make up the Association of Certified Fraud Examiners?

- What are the requirements to become a certified fraud examiner (CFE)?
- What is the overall mission of the Association of Certified Fraud Examiners?
The overall mission of the association is to support members with the knowledge, training, and resources needed to perform the duty at any time.
- What does a CFE do? What are some of the professions from which they originate?
CFE is able to identify warning and those indicators that hint at possible cases of fraud and possible risks associated with risk. Continue reading...

INSURANCE FRAUD

EXECUTIVE SUMMARY
Insurance fraud is the term used for explaining the misrepresentation that the individuals or a group of people make so that they can avail more benefits from the insurance companies to which they are actually not entitled too. The transparency in the representation is important for securing the rights and overburdening the company from the claims which have actually not taken place. The insurance companies take different measures for protecting the rights and ensuring that they are protected from the insurance fraud. For this the rules and regulations are implemented using which they sometimes protect themselves from Continue reading...

Introduction:

In the past, good people who did one bad thing while under extraordinary pressure usually committed most asset misappropriation and occupation fraud. Because that was the view of the average white-collar offender the Justice System, and the public did my see them as true criminals. Accordingly, they received lenient treatment in the Justice System as a result. Today there is a different type of white collar according to Professor Holtfreter in her paper entitled Is occupational fraud “typical” white-collar crime? A comparison of individual and organizational characteristics that was published in the Journal of Criminal Justice, Volume 33 in Continue reading...

Human factor is the major challenge that stands on the way of the specialists in the field of criminal law. Sometimes, the clues may be confusing and the only way to solve the case is retrieving the answer from the people involved. This is when deception and lie become the ultimate challenge in the struggle for the truth. To deal with this problem, the science offered the criminalists a marvelous solution – the lie detector, the device that recognizes the lie. But is it really that good and accurate? The work of the polygraph is based on reading the basic Continue reading...

Identity theft is a fraud-related crime that primarily involves an individual accessing and at the same time misusing another person’s identifying information (Morton, 2014). In this case, the information might even include pin numbers, credit card information as well as social security numbers. This information might be accessed through illegal and unauthorized access to government and even financial institution or through identity theft. As an attorney, I would charge Gorski as an identity thief since the cards in the briefcase contain identities of other individuals. Counterfeiting is another crime that involves goods and services that appear as if Continue reading...

What is CVSA?

Computerized Voice Stress Analyzer (CVSA) is a lie detection software program that is designed to measure the changes in a subject’s voice patterns caused by physical efforts or stress as he tries to hide deceptive responses when speaking during an investigative interview. The CVSA program is among lie detection technologies that purport to work by analyzing voice stresses (Damphousse, 2014). During testing process, a subject will be speaking as the microphone plugged into the computer taps his voice patterns for analysis. When the subject speaks, frequencies of his voice patterns will form dynamic graphs on the computer screen. Continue reading...

- Methods used by Enron to manipulate accounting figures
The fall of Enron was one of the highly publicised corporate failures. The directors of the company manipulated the financial statements of the company to mislead users of accounting information. The methods used by the firm included mark-to-market and off-balance sheet financing as well as interference with auditor independence.

Mark-to-market accounting

Enron changed its revenue recognition policy from the traditional revenue recognition principle to mark-to-market accounting. As an energy company, Enron’s incomes were derived from mainly the sale of natural gas. As a practice, Enron entered into several long-term contracts with Continue reading...

Identity Fraud

A commonly utilized social network media referred to as Facebook is a characteristic feature in the social life of the American college students. However, the safety of the social networking site remains a mystery (McNally, 2012). Is there a possibility for identity theft in Facebook?
Various reports circle around regarding the identity theft, sexual assaults and stalking. The three problems arise in the social network site due to the forms of the enlisted information (McNally, 2012). The listing of personal details on the profiles of the network site further exposes users to the possibility of identity theft. Exposing a Continue reading...

Where Auditors Fear to Tread Article Review

In the article Where Auditors Fear to Tread, Paul M. Clikeman brings to light the issue of earnings management. Clikeman argues that earnings management should be classified in the same category as fraud because both earnings management and fraud have one thing in common: misrepresenting the organization’s financial performance. Clikeman goes further to allege that the flexibility within GAAP (General Accepted Accounting Principles) allows this subtle form of fraud to take place. He further asserts that this unethical practice is either ignored or even encouraged.
The article also gives some of the reasons as to why managers may Continue reading...

Abstract

The 2008 financial crisis provides several examples that can now be cited to illustrate the entire financial system’s vulnerabilities and ample room for improvement. This paper uses the Satyam fraud case to illustrate the ruses and machinations utilized both internally and externally by those publically entrusted to easily perpetrate fraud on a grand scale. The paper cites the methods used to carry out the fraud and the major events leading to the fraud being revealed followed by the monetary, commercial, and public damage the scandal caused. The paper will show how top management with both internal and external Continue reading...

Fraud is a common problem in the contemporary legal landscape. Most evident after the fact, it is one of the primary causes of the 2007-2008 financial crisis, sending the country into a recession not seen before since the Great Depression. And yet, there are regulations and regulatory bodies in place that are tasked with eliminating the practice of fraud in the financial sector. In particular, the Securities and Exchange Commission is tasked with the prosecution and enforcement of suits against fraudulent traders. The present case is fertile ground for discussion in this regard, dealing directly with the phenomenon of Continue reading...

The Central Intelligence Agency also known as the CIA was created in 1947 and was lead by the DCI (Director of Central Intelligence). It is one of the main sources of national security intelligence in the United States. However, foreign policy is not made by the CIA. The CIA’s influence is in the international scope, and is greatly feared by Americans. However, legal power is not in the hands of the CIA. One of the roles of the CIA is collecting intelligence reports and giving analysis along with performing stealthy action towards the issues. With the help of Continue reading...

Many people use deception to either cover up their deeds or to try to uncover the deeds of others. As one of William Shakespeare’s greatest tragedies, Hamlet is a play that has many deception themes throughout its story. Three forms of deception can be seen in Hamlet that is the fear of some of the characters that they are being deceived by others, the act of deceiving others, and the outcome of the deception. In the play, many of the characters such as Claudius, Hamlet, and Polonius all used various forms of deception to either hide information from Continue reading...

Fraud is an intentional action to do something that is illegal or unethical. It is done to cause damage to the receiving party. Many a times fraud is also done to gain something which could be money or inside information or knowledge. Fraud is a criminal offence. It cannot be justified. Many companies have gone through the fraud and there have been cases where the fraudster has been punished.
Revenue fraud is a type of fraud which affects the revenues of a company. It is done to manipulate the accounts and earn profits. Simply overstating or manipulating the revenues Continue reading...

Is Bluffing During Negotiations Unethical?

Business practises' produces the ethical dilemma of bluffing negotiation tactics. As with any philosophical question about moralities there are two sides of the argument, one side arguing that it is ethical to bluff during negotiations and another side arguing that it is not ethical. Arguing on the side of yes it is moral to bluff in certain situations during negotiations is the University of California’s ethical philosopher Fritz Allhoff with her unique position. Also in support of gray area of bluffing during negotiations is James Lawrence providing legal guidelines supporting negotiators barging for their best interest. Finnally, Murrmann, Continue reading...

Introduction

The Cherokee Nation was a very contentious matter in the quest of the United States (US) to expand its territorial domains westward of North America during the 19th century. Although the Cherokees, regarded by the US as an Indian tribe, have asserted their right to sovereignty over part of what is now known as the state of Georgia, they are nevertheless subjected to a series of paper trails by the US government that, in turn, led it to acquire jurisdiction over their lands. It is from that moment where calls for an independent Cherokee Nation grew stronger, yet President Continue reading...

The Civil Healthcare Fraud case happened in Birmingham. The case was as a result of a complaint launched by a whistleblower. The defendants in the case were; King Jnr., King and Associates Inc., Marie King, SouthernCare Inc. and William Bill. Those involved in the investigation of the case were the FBI, The US Attorney (Joyce White Vance) and the Department for Health and Human Services in the United States.
According to the article, “Civil Healthcare Fraud Allegations Settled for $ 1.4 Million”, the manager of King and Associates, Inc. was Marie King. She was a registered nurse and had the Continue reading...

A typical fraudster is a male aged between 36 and 45 years, who is employed by the organization for more than ten years, he is a part of the senior finance position and successfully manages a fraud against his own employers with the help of another perpetrator. There has been an increase of 25% in the cases involving weak internal controls and an exploitation of the same. There are various reasons for an increase in weak internal control which are the tight budgets which force the company to cut on the expenses incurred for internal control, Fraudsters are taking Continue reading...

On Whistleblowing and Corporate Ethics

The act of disclosing information about misconduct in the workplace which they feel,
violates the law of the land or endangers the welfare of the public or is tantamount to fraud and deception of the stakeholders etc. by either an employee of the organization having access to the information held back is called whistleblowing; the perpetrator being the whistleblower.(Wines, n.d.). The recent controversial revelations made against the federal government controlled NSA’s surveillance on friendly countries and even on the American Public by Edward Snowden is an example of whistleblowing, Snowden being the whistleblower here. A whistleblower need Continue reading...

The article talks about the use of computers in auditing and fraud detection. It introduces a new term “Inductive Logic Programming” that is under development these days in order to detect fraud even before they occur. It relies on mathematics algorithms and programming to detect suspicious patterns and report the fraudulent activity before it occurs. For example, during bad weather, very few people leave their homes, and if during such time a card from that area is used, it will report it as a suspicious transaction. This is not new, currently many banks throughout the world use “Neutral Networks” Continue reading...

Deception is the most unethical activity that can be associated with scientific communication. This may take place during data gathering or during experiments. One common practice in the medical field is the use of the placebo in their experiments. Here, patients are given tablets saying that such items are drugs to cure their ailment. To test the efficacy of the real drugs, placebo tablets are given to the control group. Even the ones who are taking only placebo feel that they are getting better.. The placebo effect or the healing effect is often experienced durng control trials. Wampold et Continue reading...

It’s All about Ratings and Money

The film, “Quiz Show” revolved around the conflict of upholding the public trust to television and of financial matters that ratings can bring on the table. Television networks are in principle accountable in presenting the truth specially in chronicling the latest events and in reality shows that include intellectual game shows. Otherwise, television institutions commit deception that will destroy the public trust. The film brought to life the scandals surrounding the famous television quiz show in the 1950s entitled, “Twenty One.” The character, Charles Van Doren who hails from a dignified and intellectual family and who is also an Continue reading...

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Introduction

There are a number of policies in place for pharmaceutical and medical device companies that require every employee to act in accordance with all appropriate laws and regulations devised at both state and federal levels. It is important to fully comply with these policies in all aspects of business, including advertising, marketing, selling, contracting, development, research, etc. The Federal Anti-Kickback Statute and Federal False Claims Act are two major governmental laws that are regulated in the United States of America. There are many states in USA that have enacted related laws in order to penalize the Continue reading...

John E. Ouelette, CFE (Certified Fraud Examiner) narrates the true story of fraud perpetrated via e-bay online auctions. Ellie (Eleanor) Wallace is a 63 year old widow with three grown-up sons, and runs a small business of brooches, rings and trinkets. Her husband had left her sufficient money to live comfortably but Roland Granger, an experienced antique sales person, woos Ellie and convinces her that they should operate together in the antique business. He divorces his wife of 7 years, moves in with Allie and the couple gets married. They start their business (Classic Collections) with Ellie’s capital. Continue reading...

1 a). In the context, Frankfurt writes“Liars must believe they know the truth first, however, bullshitters don’t need to know the truth.” What then, do you believe to be a fundamental difference between lying and bullshitting?
Answer: Liars must know the truth and they consciously fabricate a lie. Their intention is to oppose the truth. However, bullshitters don’t have a strong stand for or against the truth. Their intention is to get away simply with exaggeration and extrapolation. A person talking bullshit is unconcerned with the truth and is loose with her/his words. There are laxity Continue reading...

In the quest for certainty, Descartes realizes that some of his beliefs he holds are wrong or bad. After realizing the possibility of having bad beliefs, Descartes notes that other beliefs might be bad too. Such a situation arises since the basis of most of the beliefs is based on flawed reasoning or other bad beliefs. Therefore, Descartes wants a belief system devoid of false and uncertain beliefs, whether in themselves or the basis on which they exist. Such a belief system ought to have a basic foundation with basic beliefs that can justify other beliefs while they, do Continue reading...

The terms ‘white collar crime’ and ‘tax evasion’ have precariously vacillated from the perception or classification of bonafide crime, or non-criminal acts. The slippery slope of tax evasion in relation to white collar crime sustains serious implications, historically and to the present. According to expert sources at Cornell University Law School, the definition of white collar crime is explained by giving an overview of an early incident in 1939, when sociologist Edwin Sutherland “coined” the phrase. Sutherland defined white collar crime as an act involving “crime committed by a person” who is normally tremendously respected in their line of Continue reading...

Introduction

Individuals hold different ideas regarding ‘reality.’ People base these concepts on sensorial perceptions, which mean that some of the experiences one holds about the world revolve around a deception, which prevents them from understanding the truth. Plato dug into the idea of sensorial deception in “The Cave” and “The Matrix,” which mimicked the story and explored realism of deception.

Question 1

The matrix raises questions relating to reality, which resemble those asked by Plato in “The Cave.” Plato asks readers to envision human beings as captives who live in a dark cave located underground. Furthermore, he insists that individuals live in Continue reading...

The Fraud Diamond Framework was an improvement on the earlier ‘Fraud Triangle’ used by forensic accountants to detect accounting fraud. David Wolfe and Dana Hermanson proposed the change to the Fraud Triangle by adding a fourth element of ‘capability,’ rechristening it “The Fraud Diamond.” The first element in the framework is ‘Incentive’ which arises from the greed to commit fraud. The second element of ‘Opportunity’ could be a potential weakness in the system that the precise person could exploit. The third element of ‘rationalization’ happens when a perpetrator convinces his/her own self that such deceitful behaviour is worth with Continue reading...

Cybercrime: Running and operating

Introduction
In discussing cybercrime, President Barack Obama stated that cyber criminals stole as much as one trillion dollars from companies and businesses across the world in 2013. The foreboding threat of cyber-criminality and the relative ease of accessing databases across the globe, countries and companies are faced with the enormous challenge of not only countering the problem, but also innovating their operations and cyber infrastructure.
Crimes committed with the use of cyber-technology are common crimes, the difference being these crimes are amplified by the “use of computers, computer networks, and other forms of information technology.” Compared to cyber dependent Continue reading...

The first element in the framework is ‘Incentive’ which stems from the urge or pressure to commit fraud. The incentive for Charlene Corley was probably to earn a good amount of money that would increase their family standing in the community.
The second element of opportunity could be a potential weakness in the system that the right person could exploit to commit fraud. For instance, this was when Charlene discovered a drawback in the Department’s billing system wherein shipping costs were submitted and reimbursed separately without reference to the goods shipped or the price limit for shipping such Continue reading...

Madoff

Madoff was an American who was found guilty of fraud. He was in charge of a Ponzi scheme in the United States. The scheme is known to be one of the biggest financial fraud that ever happened in the United States of America. Madoff through his firm, Madoff Investment Securities, which bypassed other firms through making orders directly over the counter by making use of its retail brokers.
Those that assisted him in the fraud crimes included his close relations who he employed at his firm, Madoff Investment securities. He employed his brother and two sons as well as Continue reading...

Introduction

The data collection phase in computer forensics involves the gathering of all facts and clues that are necessary in the forensic analysis of the case at hand (Mandia and Prosise, 2003). Without the collection of data, important conclusions that are necessary for the case may not be achieved. The data collected helps understand how an incident such as financial fraud or child pornography occurred. The procedures applied need to be done in a forensically sound manner to ensure that the forensic analysis is done accurately. Data collection is aimed at acquiring digital information in a way that its integrity Continue reading...

Abstract

The internet has been hailed as one of the best inventions in human history. It presents seemingly endless opportunities in diverse areas including the ability to carry out business transactions over the internet. Online commerce has developed in leaps and bounds over the last decade and more complex transactions are now possible over the cyberspace. With this development has come an associated problem; cyber identity fraud. This research paper seeks to identify the trends in cyber identity fraud, analyze the legal issues involved in cyber identity fraud and make appropriate recommendations on the changes that can be made Continue reading...

1.0 Introduction
Medicare fraud refers to obtaining money from the Medicare system under false pretense. Many Americans cannot afford to pay for health services. As a result, the Social Security Act in 1965 gave rise to Medicare in order to finance diverse forms of medical care for the vast number of Americans who cannot afford medical insurance. Different forms of Medicare fraud have evolved in the recent past but the bottom line for all of the forms is to illegitimately collect money from the Medicare system. Medicare fraud is just a fragment of the much bigger and intricate web Continue reading...