When opportunity knocks: mobilizing capabilities on serious organized economic crime

ABSTRACT

This paper is primarily concerned with organized crime structures and how they adapt and modify to take advantage of fraud opportunities. It is illustrated with case studies which show a growing capability within UK organized crime to pool and deploy criminal monies in legitimate markets. The theme and purpose of the paper is to raise awareness of this in a way that encourages collaborative and strategic responses from law enforcement and relevant institutions, including academia.     

舞弊治理：基于上市公司财务舞弊特征的分析

选取2003～2007年度5645家沪深两地上市公司为样本,首先对其中209家舞弊公司财务舞弊的影响因素做统计分析,明晰上市公司财务舞弊的特征;然后,根据舞弊公司不同特征进一步实证检验,得出大规模事务所的选择、股权集中度、公司规模与财务舞弊负相关,独立董事比例与财务舞弊成"U"型关系,但没有发现代表财务状况指标净资产收益率的显著性影响,究其原因,发现舞弊公司存在虚增利润以外的其他更多隐性盈余操纵手段.     

Efficient market hypothesis and fraud on the market theory a new perspective for class actions

Following recent judgment of the Supreme Court of US (June 2014), several commentators had declared that “Securities class actions are here to stay” (insidecounsel.com—September 2014, 11). This paper provides a critical perspective on this judgment, which “implicates substantive issues at the intersection of economic theory, financial markets, and securities regulation” (128Harv. L. Rev. 291 2014–2015, 291), and shows that we must be much more careful. This recent judgment is based on the Fraud on the Market Doctrine, which was introduced in 1973 in order to preserve the class action procedure in securities fraud litigation. The characteristic of the Fraud on the Market Doctrine is to have been structured from one of the most popular financial theory: Efficient Market Hypothesis. In this paper, by analysing the implementation of the Efficient Market Hypothesis in Fraud on the Market Theory, we argue that if the Supreme Court had to take position for a second time about the Fraud on the Market Doctrine it is due to the practical difficulties inherited from Efficient Market Hypothesis and that have raised several problems to the US courts, including the Supreme Court. This issue is illustrated by the definition of Efficient Market Hypothesis lawyers used (“most” vs “all”/“fully”). As this paper shows, if “Securities class actions are here to stay”, the opportunity to open such a class action is strongly reduced in the facts.     

Health care fraud: a primer on the schemes and the tools to fight health care fraud

As the national debate over health care reform moves forward, one issue with which policy makers must grapple is the percentage of health care dollars lost to fraud and abuse. The General Accounting Office estimates that as much as ten percent of total health care dollars are lost to the inappropriate, and in some cases criminal, practices of health care providers. This article discusses the characteristics of the health care industry that make it particularly susceptible to abuse and then reviews the efforts by the Office of Inspector General, Department of Health and Human Services, to deter and punish those who defraud the federal health care programs.     

The impact of corporate fraud on director‐interlocked firms: Evidence from bank loans

We examine the impact of corporate fraud committed by one firm (the “fraudulent firm”) on other firms with interlocking directors (the “interlocked firms”), focusing on the debtholder side. We argue that the revelation of a fraudulent firm's fraud can damage the reputation of the interlocked firms because corporate governance can propagate via director interlocks. Empirically, we find that the interlocked firms' cost of debt is higher and the loan covenants become stricter after the fraud cases of the fraudulent firms are revealed. Consistent with the corporate governance propagation explanation, our results are weaker (stronger) for interlocked firms that have better (worse) pre‐event corporate governance standards. Our findings suggest that corporate fraud of fraudulent firms can affect other firms through director‐interlocks beyond shareholder value.     

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。     

Understanding issue salience,social inequality and the (non) appointment of UK public inquiries: a new research agenda

ABSTRACT

Why are public inquiries appointed and what factors are influential? Research shows that inquiry appointment is driven by issue salience, but how this occurs is unclear. The authors suggest that issue salience is driven by: (1) victim relatability, (2) visibility of failings and (3) perceived blameworthiness. This has three significant implications. First, highly salient issues may lead to the appointment of statutory-type inquiries, which might not be the most appropriate form to effectively address the causes of inequality. Second, if wrongdoing against minorities is not sufficiently relatable (as is often the case), there may be insufficient public salience to drive demands for an inquiry. Finally, inquiries may privilege the investigation of blameworthy behaviour and thereby overlook complex systemic flaws.     

CAP Forum on Forensic Accounting in the Post‐Enron World: Education for Investigative and Forensic Accounting*/FORMATION ET JURICOMPTABILITÉ

Recent financial scandals have raised the awareness that accountants should be alert to potential fraud and other economic disputes and can provide significant assistance in preventing, investigating, and resolving such matters. Forensic accountants provide these services with knowledge of court requirements and proceedings so that effective legal action is possible, even though most actions are concluded without the involvement of the courts. Although forensic accounting was growing in importance even before Enron and the Sarbanes‐Oxley Act, the ensuing tightening of the securities regulations in both Canada and the United States triggered recognition that accounting students and professionals need a fuller understanding of fraud and other economic crimes, and how to find, prevent, and resolve them, as well as the career choices that could be involved. While some of this material is covered in auditing texts and courses, emerging expectations will require the enhancement and restructuring of forensic accounting education within university programs, and will encourage more interest in graduate specialist professional designations. This paper has two objectives: to offer insights into the design and delivery of forensic accounting programs, and into the availability of professional programs; and to provide some exploratory evidence on the type of services currently rendered by investigative and forensic accountants in Canada.     

The effects on financial statements of the litigation cost rule in a civil action for negligence against the auditor

The litigation cost rule relates to which of the two parties in a civil lawsuit has to pay the legal costs. In those countries where the American system applies, each has to pay their own legal costs. In most other countries, the British system applies and the loser pays all the legal costs. By means of a single person decision-theoretic model, I examine the effects of this on auditing and financial statements under certainty and uncertainty conditions. Generally, the American system has the effect of restraining shareholders from suing unless they are able to cover their legal costs, thereby providing scope for under- or over-statements, depending on management’s wishes. This scope is denied under the British system and, as a result, audited financial statements will not be similarly biased.     

Measurement of the Severity of Opportunistic Fraud in Injury Insurance: Evidence from China

This article assesses the effects of claimant demographics and other claim characteristics on the measurement of the severity of opportunistic fraud using 96 excess claim lawsuits in personal injury insurance in China in 2000–2012. The empirical result indicates that severe opportunistic fraud that results in death is more numerous than it is for fraud that leads to disability and nondisability, which may be due to the fact that more severe injury may create greater openings for opportunistic fraud. Second, the severity of opportunistic fraud in provincial cities is lower than that in small or midsize cities because the former does not imply greater severity of opportunistic fraud. Third, the severity of opportunistic fraud in injuries from daily activity is greater than that for injuries from work and traffic accidents, implying that a higher excess claim probability and greater severity of opportunistic fraud in injuries from daily activity are consistent.     

Valuing the project: a knowledge-action response to network governance in collaborative research

The delegation of research to self-directed networks is a relatively new strategy to focus academic endeavour on public priorities. Networks involve policy-makers, knowledge producers and knowledge users in unfamiliar governance and management relationships. Here we reflect, as practitioners, on research networks as complex governance systems and on their projects as knowledge-action systems designed to deliver public value. Projects represent the currency in which delegated research is issued, but their conversion into monetary grants and awards diverts attention from their potential as boundary organizations or communities of practice in the production of societal knowledge and understanding. Recognizing and supporting projects as scalable components of enduring knowledge-action systems, rather than as transient instances of research funding, is key to sustaining delivery of public value under conditions of network governance.     

从瑞幸事件看新证券法下强化财务造假监管

证券法此次修订大幅提高了对财务造假行为的惩戒力度,并新增域外效力条款,将证券法管辖范围延伸至境外发行和交易活动。对于中概股财务造假,管辖权的主张应在遵守国际礼让原则的前提下,结合境内市场和投资者利益受影响程度审慎为之。在发行注册制改革的背景下,提高发行上市企业质量的关键还是在于强化事中事后监管,特别是要提高民事和刑事追责力度,积极推进退市市场化、常态化。     

The Department of Justice as a gatekeeper in whistleblower-initiated corporate fraud enforcement: Drivers and consequences

We examine drivers and consequences of U.S. Department of Justice (DOJ) oversight of whistleblower cases of corporate fraud against the government. We find that the DOJ is more likely to intervene in and conduct longer investigations of cases that have a higher chance of victory and yield greater monetary proceeds, indicating that DOJ enforcement is influenced by its performance measures. DOJ intervention also affects the firm- and aggregate-level fraud environment. Firms subject to DOJ intervention improve their employee relations, internal controls, and board independence, and experience lower future whistleblowing risk. Whistleblowers avoid courts and agencies with low DOJ intervention rates. In contrast, we do not find that cases pursued by whistleblowers alone affect firms' or whistleblowers' behavior, suggesting that public enforcement through DOJ intervention has a greater deterrent effect on fraud than private enforcement by whistleblowers acting alone.     

监督抑或跟随：机构投资者治理角色研究——来自舞弊公司机构持股行为的经验证据

文章利用被中国证券监管部门处罚的舞弊公司及未舞弊公司为对象,考察机构投资者在公司治理中是扮演监督者还是跟随者角色。研究发现,从公司舞弊前一季度到后一季度机构投资者并未减持舞弊公司股份,不具备舞弊预测与识别能力;机构投资者倾向于利用分析师评级结果进行投资决策;机构投资者容易被舞弊公司误导,而分析师评级则有助于减轻机构投资者被误导程度。结果表明,目前机构投资者更多扮演着跟随分析师的消极角色而非有效监督者的积极角色,分析师评级具有一定的决策有用性。     

Tracing back to the source: Understanding the corporate governance of boards of directors in Chinese SOEs

Based on the relevant theories of corporate governance and the special institutional background of Chinese state-owned enterprises (SOEs), this paper systematically reviews the literature on the independence and governance effect of SOE boards. We find that the governance effect of SOE boards is driven by the dual characteristics of SOEs: state involvement in ownership and market incentives. With the state involved in ownership, SOEs adhere to the leadership of the Communist Party of China (CPC), which results in an enhanced governance effect. Under market incentives, SOEs tend to have an optimal board structure that helps mitigate both the shareholder–management agency problem (Type I agency problem) and the controlling shareholder–minority shareholder agency problem (Type II agency problem). In terms of the governance effect of boards, directors appointed by non-controlling shareholders are effective in alleviating Type I and Type II agency problems, and this highlights the importance of mixed-ownership reforms in SOEs. Independent directors, especially those with a professional background, also play a role in improving corporate governance. However, independent directors in SOEs have relatively weak incentives to monitor, which limits their governance effect. This paper shows positive implications for promoting mixed-ownership reforms and improving board governance in SOEs.     

On Being a Financial Manager in a Church Organisation: Understanding the Experience

Accountants and financial managers, as individuals and as occupational groups, are largely invisible in the growing body of financial management literature. In particular, limited privilege has been given to the experiences of financial managers in organisations dominated by social or value‐based goals, rather than financial motives. To begin to address this lacunae, this paper presents a micro study of financial managers 'in motion'( Hopwood, 1987 ) in the state division of a large Australian church. By explicating the financial managers' own perspectives of their experiences, the study provides a unique perspective of understanding of what it is to 'be' a financial manager in a non‐profit entity.     

Critical thinking about creative accounting in the face of a recent scandal in the Turkish banking sector

In the last two decades, serious accounting scandals occurred in large companies (e.g. WorldCom and Enron) and in the banking sector (e.g. BCCI, Barings, Allied Irish Bank and Baninter). Then the problem of creative accounting with its legal and illegal aspects has come into agendas of business firms and governments. In this paper, a certain type of creative accounting practices (i.e. fraud) has been examined in the light of a Turkish case (i.e. the Imarbank Scandal). It has been found that deficiencies in the legal frameworks for banking and accounting, inadequacies in the autonomy of governmental regulation and supervision bodies, practical difficulties in enforcing legal and ethical rules due to the slow functioning of the judicial system are significant reasons for creative accounting practices in addition to the personal greed of both owners&top management of Imarbank and its customers. However, the intention and capability of political power in combating such kind of corruption are also crucial.     

Funder demands for quality management in the non-profit sector: challenges and responses in a non-profit infrastructure network

External pressure by funders can be a catalyst for a more proactive and strategic approach to quality management in the non-profit sector, however it can also lead to cynical responses which do little to promote learning and improvement. This case study of a national infrastructure organization that supports a network of local non-profit organizations provides insight into the attitudes and challenges that can arise from such external, top-down pressure.     

Paying People to Lie: the Truth about the Budgeting Process

This paper analyzes the counterproductive effects associated with using budgets or targets in an organisation's performance measurement and compensation systems. Paying people on the basis of how their performance relates to a budget or target causes people to game the system and in doing so to destroy value in two main ways: (a) both superiors and subordinates lie in the formulation of budgets and, therefore, gut the budgeting process of the critical unbiased information that is required to coordinate the activities of disparate parts of an organisation, and (b) they game the realisation of the budgets or targets and in doing so destroy value for their organisations. Although most managers and analysts understand that budget gaming is widespread, few understand the huge costs it imposes on organisations and how to lower them. My purpose in this paper is to explain exactly how this happens and how managers and firms can stop this counter‐productive cycle. The key lies not in destroying the budgeting systems, but in changing the way organisations pay people. In particular to stop this highly counter‐productive behaviour we must stop using budgets or targets in the compensation formulas and promotion systems for employees and managers. This means taking all kinks, discontinuities and non‐linearities out of the pay‐for‐performance profile of each employee and manager. Such purely linear compensation formulas provide no incentives to lie, or to withhold and distort information, or to game the system. While the evidence on the costs of these systems is not extensive, I believe that solving the problems could easily result in large productivity and value increases – sometimes as much as 50–100% improvements in productivity. I believe the less intensive reliance on such budget/target systems is an important cause of the increased productivity of entrepreneurial and LBO firms. Moreover, eliminating budget/target‐induced gaming from the management system will eliminate one of the major forces leading to the general loss of integrity in organisations. People are taught to lie in these pervasive budgeting systems because if they tell the truth they often get punished and if they lie they get rewarded. Once taught to lie in this system people generally cannot help but extend that behaviour to all sorts of other relationships in the organisation.     

The rise of risk: risk related bills submitted to the Swedish parliament in 1964-65 and 1993-95

Bills submitted to the Swedish parliament in 1964-65 and in 1993-95 were scored according to their major concern: risk, resource allocation or resource growth. It was found that risk related bills had increased strongly, from 11% to 28%, implying that currently almost a third of all bills in the Swedish parliament are related to risk issues. The absolute number of risk bills increased by a factor of four. Resource allocation bills, on the other hand, decreased strongly, and resource growth bills, a minority of bills, remained at a relatively low level. All parties except the Conservatives showed a strong trend towards increased risk concern, especially the Social Democrats. The most frequently encountered type of risks in the 60s were health related, while environmental risks predominated in the 90s. These changes are discussed in relation to the hypothesis that risks become more important during periods of slower economic growth. It is concluded that risk is currently a very important issue on the Swedish political agenda.