民事欺诈与刑事诈骗的类型化区分

刑事诈骗是民事欺诈中的严重部分,两者最主要的区别在于行为人主观上是否具有非法占有目的。刑事诈骗的行为类型多样,具体构造也存在一定差异,非法占有目的的认定应结合诈骗行为的具体构造展开。交易型诈骗中,作为交易对价的基础事实是否存在对于非法占有目的认定具有决定意义。使用型诈骗的场合,应重视对行为人取得财物后的用途和资金走向的考察,以确定非法占有目的是否成立。财物用途和资金走向无法查清的案件,不能简单地认为属于事实不清、证据不足。资格型诈骗中,非法占有目的的认定应同时考虑行为人是否具有特定资格以及财物的具体用途。民事欺诈与刑事诈骗的区分还要注意欺诈事实是否属于核心或者主要事实以及欺诈程度等。     

Bayesian Fraud Risk Formula for Financial Statement Audits

In this article we extend the work of Loebbecke et al. (1989 ) and illustrate the use of an evidential reasoning approach for developing fraud risk analysis models under the Bayesian framework. New formulations facilitating fraud risk assessments are needed because decision tree approaches previously used to develop analytical models are not appropriate in complex situations involving several interrelated variables. To demonstrate the evidential reasoning approach, a fraud risk assessment formula is derived and illustrated. The fraud risk formula captures the impact of the presence or absence of and interrelationships between the three ‘fraud triangle’ risk factors: Incentives, Attitude and Opportunities. The formula includes the impact of risks and controls related to these three fraud risk factors as well as the impact of forensic audit procedures and relevant analytical and other procedures that provide evidence for the presence or absence of fraud. This formula may be used in audit practice both to help plan the audit and to assess fraud risk sequentially as audit evidence is obtained.     

近墨者黑:上市公司违规行为的“同群效应”

近年来,上市公司违规行为群发,本文利用2000-2016年沪深A股上市公司违规事件样本,从“同群效应”的角度探究违规行为的群体特征和影响因素。研究发现,上市公司违规行为存在显著的地区同群效应(“近墨者黑”),同地区其他上市公司的违规行为显著增加了该地区公司发生违规行为的概率;且信息披露型违规的同群效应更加明显。机制研究表明,企业违规决策的地区同群效应主要源于交流式学习和观察式学习的两种模仿作用机制。异质性分析表明,同一地区内,相同产权性质公司间的同群效应更明显。进一步研究显示,十八大之后违规行为的发生概率显著降低,地区同群效应显著减弱。本文研究揭示了违规行为的地源性特征,也从抑制违规传染视角实证支持了近年来的系列整治活动。     

基于PSD-LDA模型的新农合欺诈风险测度实证研究

针对新农合欺诈风险具有"低频高损"和"高频低损"的特征,运用两阶段损失分布法(PSDLDA)测度新农合欺诈风险损失TailVaR值,以2004~2012年媒体公开报道的新农合欺诈损失数据为样本进行实证研究,计算了欺诈风险损失纯保费,并探讨了在新农合欺诈风险定价、风险准备金计提、风险补偿机制的建立以及欺诈风险预警等方面的应用。     

金融诈骗犯罪的新型特征与定罪模式的思考

本文根据近年来我国金融诈骗犯罪的新型特征,结合我国金融诈骗罪的定罪模式特点,对其中的缺陷进行了分析,并提出了改进的建议。     

The Effects of Fraud Risk and Management Representation on Auditors' Hypothesis Generation

Hypothesis generation is considered to be critical to the effectiveness and efficiency of diagnostic processes in auditing. Using a between-subjects experimental design, this work examines the impact of fraud risk and the availability of a non-misstatement management explanation on auditors' hypothesis generation performance. The context is when managers undertake analytical procedures at the planning stage of the audit. The results indicate that auditors are sensitive to increased fraud risk by generating more fraud hypotheses, while the number of misstatement hypotheses generated is not affected by fraud risk. The availability of a non-misstatement management explanation was found not to interfere with auditors' hypothesis generation performance, but facilitated the generation of proportionately more misstatement and fraud hypotheses from the same transaction cycle as that indicated by the management explanation. Together, these findings provide some insights on the sensitivity of auditors' hypothesis generation to fraud risk and whether this sensitivity could be undermined by the availability of management representations.     

数字时代中国老年人被诈骗研究——互联网与数字普惠金融的作用

本文采用具有全国代表性的中国健康与养老追踪调查(CHARLS)数据,研究在我国数字化和老龄化背景下,老年人被诈骗情况的主要特征以及在不同维度的差异,并进一步挖掘其影响因素,探讨互联网使用和数字普惠金融发展在其中发挥的作用。主要发现如下:第一,虽然经济条件较好的老年人群体更容易成为诈骗目标,但被诈骗者接触后,相对脆弱的老年人群体更容易实际受骗,高达30%的老人在被诈骗接触后会实际遭受损失;第二,本文构造的防骗能力指数显示,经济欠发达省份的老年人防骗能力明显更低;第三,互联网的使用同时具有“曝露效应”和“学习效应”;第四,个体认知能力以及当地数字普惠金融发展程度是影响老年人是否实际被骗及损失大小的关键因素。最后,从异质性的角度看,使用数字技术的正面“学习效应”对信息相对匮乏的农村和女性老年人作用更大,超过了负面的“曝露效应”;数字普惠金融的发展程度对女性老年人的助力作用更为明显,但在农村地区的作用仍有待进一步提高。     

论网络金融欺诈犯罪的刑事规制研究

网络金融欺诈犯罪是网络信息技术与现代金融相结合的产物。作为未来金融业务发展的目标模式之一,网络金融交易促进了金融业的繁荣,但金融手段的更新给传统的刑事法律制度带来了严峻挑战。刑法作为重要的部门法,通过构建网络金融欺诈犯罪的刑事法律体系,维护金融交易的有序进行。     

Krazy Kimmy's: A Case in Fraud Examination

This two‐part case allows for maximum student engagement through preparation, in‐class discussion, and through a Part B case that is part of the Teaching Note. Through this case, students work to identify possible fraud schemes, plan an investigation, and perform horizontal analysis calculations. Students will learn about the concept of ethical hacking, red flag identification, internal control weaknesses, and investigation considerations for fraud schemes. Further, in‐class planning for next steps and investigation can occur, providing an opportunity for group work and in‐depth learning. This case offers flexibility for instructors in that it can be covered over one class or multiple classes, or can be assigned as an independent or group assignment. This teaching note provides an overview of the case along with guidance for teaching this case.     

有效预警上市公司违规的递延所得税异动指标和人工智能模型

2000-2017年,3434家A股上市公司样本中的47.79%至少有一次违规记录,每年平均有17%的公司违规,而监管机构平均需要2.7年查证并通告违规行为。我们用当年数据构建递延所得税异动指标,可有效预判违规,并发现监管机构未能识别这一指标的警示作用,实际激励了违规公司通过操纵递延所得税提高财务指标以规避稽查。进一步构建决策树模型,对违规事件实现样本外精准判别。本文揭示了A股公司大面积违规而稽查过程冗长迟缓这一重要现象,并分析了违规机制,指出了所得税数据在稽查违规中可以发挥的预警作用,为监管者和投资者提供有效预警上市公司违规行为的新指标和方法。     

有效预警上市公司违规的递延所得税异动指标和人工智能模型

2000-2017年,3434家A股上市公司样本中的47.79%至少有一次违规记录,每年平均有17%的公司违规,而监管机构平均需要2.7年查证并通告违规行为。我们用当年数据构建递延所得税异动指标,可有效预判违规,并发现监管机构未能识别这一指标的警示作用,实际激励了违规公司通过操纵递延所得税提高财务指标以规避稽查。进一步构建决策树模型,对违规事件实现样本外精准判别。本文揭示了A股公司大面积违规而稽查过程冗长迟缓这一重要现象,并分析了违规机制,指出了所得税数据在稽查违规中可以发挥的预警作用,为监管者和投资者提供有效预警上市公司违规行为的新指标和方法。     

An “American Dream” theory of corporate executive Fraud

In this paper, we first describe a “Broken Trust” theory that was introduced by Albrecht el al. [Albrecht, W. S., Albrecht, C. C., & Albrecht, C. O. (2004). Fraud and corporate executives: Agency, Stewardship and Broken Trust. Journal of Forensic Accounting, 5, 109–130] to explain corporate executive Fraud. The Broken Trust theory is primarily based on an “Agency” theory from economic literature and a “Stewardship” theory from psychology literature. We next describe an “American Dream” theory from sociology literature to complement Albrecht el al.'s (2004) Broken Trust theory. Like the Broken Trust theory, the American Dream theory relates to a “Fraud Triangle” concept to explain corporate executive Fraud. Finally, we provide some anecdotal evidence from recent high profile corporate executive Fraud to explore the American Dream theory. We conclude our thoughts on corporate executive Fraud from a teaching perspective.     

券商声誉损失与公司IPO市场表现——来自中国上市公司IPO造假的新证据

理论研究表明声誉好的券商在公司IPO过程中能发挥认证作用,但是在实证中学者们对于券商声誉是否真的发挥了认证功能仍然莫衷一是。与国内外文献中普遍采用的券商市场份额、排名等间接声誉指标不同,本文以中国券商所承销的公司IPO过程违规造假为新的研究视角,从声誉损失的角度重新衡量了券商声誉,并以公司IPO后市场表现检验了券商声誉的认证效应。实证研究表明,相较声誉受损的券商,声誉未受损的券商确实具有更好的认证效果,具体表现在:(1)从同一时期来看,相较于那些没有被披露承销过IPO违规造假公司的券商,承销过IPO违规造假公司的券商再次承销的公司IPO发行抑价率较高,股票长期回报率较低;(2)对于同一券商,相对于在IPO违规造假披露之前,在披露之后(声誉受损)券商所承销的公司IPO表现为显著较高的发行抑价率和显著较低的股票长期回报率;(3)基于双重差分模型的结果依然支持上述结论。实证结果还表明相对于传统的券商声誉指标,基于IPO造假构建的声誉损失指标更加有效。     

Management's Materiality Criteria of Internal Control Weaknesses and Corporate Fraud: Evidence from China

This paper investigates the determinants and consequence of Chinese listed companies' first-time decisions on materiality criteria for internal control weaknesses, which have been observable beginning from the 2011 annual report. Although pretax income is most commonly used as the benchmark for materiality, revenue is also used as a popular alternative. Revenue is more susceptible to manipulation, as it has a much larger financial amount than pretax income. We argue that unethical managers prefer not to disclose material weaknesses by manipulating the materiality criteria to justify non-disclosure of a potentially material weakness. Consistent with this opportunistic incentive, we find that when companies committed fraud in the previous year that remains undetected, their management is more likely to use revenue (rather than pretax income) as the first-time benchmark and to set a higher revenue-based materiality threshold as well. Moreover, once the materiality metrics are set, the first-time revenue-based materiality threshold is significantly and positively associated with subsequent incidence of corporate fraud, which suggests that setting deviant and loose materiality metrics leaves room for the management to engage in future misconduct.     

Stock Price Response to News of Securities Fraud Litigation: An Analysis of Sequential and Conditional Information

This study examines investor response to three events that help define a federal class action securities lawsuit, specifically, the announcement that names an issuer as a defendant in the lawsuit (at the class action filing date), the disclosure or accounting restatement that 'corrects' the information deficiency (at the end of the class period), and the date at which the fraud on the market allegedly begins (at the beginning of the class period). We document a significant and predictable stock price response at each of these three events. Our tests also indicate that the market interprets these events not in isolation but as sequential and conditional events. Investor response differs on the basis of the characteristics of the issuer, the allegations in the complaint, and the outcome of the litigation. These results and the fact that we observe no systematic price momentum in investor response beyond the announcement dates imply that the market is reasonably efficient with respect to information about securities fraud litigation. Our results are robust to alternative definitions and procedures, and are based on a proprietary database that includes almost all federal securities class action lawsuits since 1990.     

Internal audit,alternative internal audit structures and the level of misappropriation of assets fraud

In recent years, the importance of good corporate governance has received significant public and regulatory attention. A crucial part of an entity's corporate governance is its internal audit function. At the same time, there has been significant public concern about the level of fraud within organizations. The purpose of this study is to assess whether organizations with an internal audit function are more likely to detect and self‐report fraud than those without. In this study, we use a unique self‐reported measure of misappropriation of assets fraud for the first time. The fraud data are from the 2004 KPMG Fraud Survey, which reported fraud from 491 organizations in the private and public sector across Australia and New Zealand. The internal audit data are from a separate mail survey sent to the respondents of the KPMG Fraud Survey. We find that organizations with an internal audit function are more likely than those without such a function to detect and self‐report fraud. Furthermore, organizations that rely solely on outsourcing for their internal audit function are less likely to detect and self‐report fraud than those that undertake at least part of their internal audit function themselves. These findings suggest that internal audit adds value through improving the control and monitoring environment within organizations to detect and self‐report fraud. These results also suggest that keeping the internal audit function within the organization is more effective than completely outsourcing that function.     

Determinants of human resource investment in internal controls

Using the unique reporting environment in Korea, this study investigates the determinants of human resource investment in internal controls for 1352 listed firms disclosing the number of personnel who are in charge of internal control-related tasks (IC personnel) from 2005 to 2008. We find that the number of IC personnel within a firm and several key departments increase with firm size, number of employees, complexity and for Chaebols, and decrease in rapidly growing firms. Additional analysis reveals that the factors influencing internal control systems have an accentuated effect on firms with relatively larger firm size.     

The effect of a custodial sentence and professional disqualification on reintegration

This study serves two purposes. First, notions of shame (Braithwaite, 1989) and labelling (Becker, 1963) are used to examine the effect of stigmatic labelling on a group of professional accountants serving custodial sentences for financial crimes. The data obtained from focus group interviews suggests that shame-related emotions have an important deterrent effect on the propensity to re-offend arising not from incarceration but from the reflexivity arising from family support and unity. Second, this paper critically evaluates the issues relating to professional reintegration in which members may be barred from practising their trade when they are released from prison. Banning members from professional membership because of their ex-convict label represents a form of exclusionary stigma that contributes to stigmatic shaming and resentment towards the institutions that impose such penalties. The role of professional associations in reintegrating former members convicted of a serious crime, and the ability to assist them to reconstruct their professional identity and develop pro-social roles, is critically evaluated.     

Understanding the police response to fraud: the challenges in configuring a response to a low-priority crime on the rise

ABSTRACT

Previous research has demonstrated the comparative lack of priority fraud receives from government and law enforcement in the UK compared to other serious offences, as well as shortcomings in the overall approach to investigation. This paper examines the current state of affairs in the light of changes aimed at addressing these limitations. It incorporates findings from a national survey of police forces, as well as a local survey of police personnel in three forces supplemented by interviews. The findings suggest that the situation has become more complicated. Many police officers interviewed did not feel that the police response in their own area was effective, and that their colleagues often lacked the appropriate skill sets needed. Moreover, forces were not confident they were recruiting the right people to tackle fraud. The paper has important lessons for policing internationally.     

Factors affecting the internal audit effectiveness: A survey of the Saudi public sector

This study assesses factors influencing internal audit effectiveness (IAE) in Saudi Arabia. Data were obtained from 203 managers and 239 internal auditors from 79 Saudi Arabian public sector organizations. Multiple regression analysis examines the association between IAE and five principal factors. Results suggest that management support for IAE drives perceived effectiveness of the internal audit function from both management's and the internal auditors’ perspective. Management support is linked to hiring trained and experienced staff, providing sufficient resources, enhancing the relationship with external auditors, and having an independent internal audit department. Saudi Arabia is representative of many developed and developing environments, and its recent tradition of governance and audit is mirrored in countries worldwide. Moreover, its specific cultural traditions involving clan and tribal allegiances, and pervasive and core religious beliefs, characterize the GCC countries, the Arab World generally, and indeed, many other developing countries, irrespective of wealth. Thus, links between management support and internal audit effectiveness are likely generalizable beyond the Saudi public sector context.