...employees out of work once the fraud is exposed or collapses. It also has the power to enrich employees – mostly those involved in the fraud, but potentially those who are not. Good financial results (actual or fabricated) can be linked to promotions, raises, enhanced benefit packages, bonuses, and the value of stock option awards. Financial statement fraud will cause shareholders to overpay for their investment in the company and they will get less value for their money than they are aware. They may lose part or all of their investment if the company ultimately fails or has to go through some sort of reorganization in order to remain viable. Shareholders also lose the opportunity to invest their money in other companies which may have better actual financial results or which may be more honest in their operations. Banks lose money, which affects other bank customers who ultimately make up for those losses and affects the bank's investors. Creditors can lose large sums of money, which may not have been risked if the creditors knew the true financial condition of the company. If enough financial statement frauds occur, or if the frauds are large enough, there are wide-reaching effects for other companies. Consider the case of the Sarbanes-Oxley Act of 2002. The legislation followed the collapse of some large public companies with executives who engaged in significant financial statement fraud. This legislation attempted to address financial statement fraud and bring more reliability...
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...Executive Summary Whistle blowing is when an employee raises a concern about wrongdoing or malpractice in the workplace that has a public interest aspect to it. Persons who act as whistle blowers are often subjected to retaliation by their employers. Therefore it became important to protect whistle blowers by introducing the Disclosure Protection Act (Act 26 of 2000). The purpose is to provide procedures and offer protection to employees against organisational detriment. Even though the Act intends to protect whistle blowers, the reporting rate has declined. Thus it is crucial to investigate the current procedures in order to provide recommendations to improve the Act, consequently curbing fraud and miscarriage of justice. Question 1 • How are informants being protected? As employers and employees consequently have to disclose criminal and unwanted conduct within the workplace, steps need to be instilled by employers to ensure that whistle blowers are protected from occupational detriment. This act attempt to prevent employers from treating disclosing employees with detriment such as disciplinary action, demotion, harassment, unwanted transfers, etc. • Who is being protected? Employees disclosing legitimate concerns about irregularities are being protected by the act. Those employees are to be protected from unwarranted conduct by their employers and cannot be discriminated against. They may not be victimised or penalised by their employer in any form for having made...
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...The Role of Corporate Law in Preventing a Financial Crisis: Reflections on In re Citigroup Inc. Shareholder Derivative Litigation Franklin A. Gevurtz* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. II. CITIGROUP AS A CASE STUDY IN EXCESSIVE RISK-TAKING .............................. III. TOOLS FOR CURBING EXCESSIVE RISK-TAKING AND THE ROLE OF CORPORATE LAW ............................................................................................... A. The Tools for Curbing Excessive Risk-taking ............................................. 1. Regulation of Business Activities .......................................................... 2. Capital Requirements ........................................................................... 3. Compensation Rules ............................................................................. 4. Liability for Unreasonable Risks .......................................................... 5. Selection of Management (Rules of Corporate Governance) ............... B. Dividing the Tools Between Banking and Corporate Law .......................... IV. WHY IT MATTERS: CITIGROUP AS AN ILLUSTRATION OF THE LIMITATIONS OF STATE CORPORATE LAW ........................................................ A. Citigroup As a Case Study In Weak Corporate Law................................... 1. Overview ..................................................
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...| Improvement of Corporate Tax Audit: Factor of Increasing Tax Compliance in Malaysia | | Table of Contents Executive Summary 3 Introduction………………………………………………………………………………………..4 Tax Compliance, Tax Evasion and Tax Audit…………………………………………………….4 Tax Audit in Malaysia…………………………………………………………………………….6 Organization Structure…………………………………………………………………………….8 Tax Audit Process…………………………………………………………………………………9 Tax Audit: Constraints and Problems……………………………………………………………11 Recommendations………………………………………………………………………………..16 Conclusion……………………………………………………………………………………….18 References……………………………………………………………………………………….19 Appendix………………………………………………………………………………………...20 Executive Summary The Malaysian tax system follows the concept of self-assessment system (SAS). Under the SAS, the government trusts and gives taxpayers full responsibility to calculate, to pay and to report their tax due on their own. The success of SAS not only depends on the good tax administration but also depends on the taxpayer awareness, which is indicated by the taxpayer compliance in fulfilling his obligation. In order to enhance the level of tax compliance, the Inland Revenue Board of Malaysia (IRBM) considers that it can be achieved by law enforcement besides tax consultation and tax service. Law enforcement comprises of tax audit, tax investigation and tax collection. Tax audit becomes important since it can cause a deterrent effect to increase taxpayer compliance. Tax audit plays an important role in determining the...
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...Money laundering and terrorism financing risks in Botswana introDuction Botswana has a relatively good legal foundation to fight financial crime in general. With the second reading of the Financial Intelligence Bill and the regulation of non-financial institutions prone to money laundering, the legal framework will be remarkably enhanced. However, Botswana has not yet undertaken an assessment of its risks and vulnerabilities to money laundering and the financing of terrorism in terms of international requirements. Significantly, Botswana’s legal framework does not recognise the risk of money laundering in either limited- or high-risk situations. This is in spite of the Financial Action Task Force (FATF) espousing a country-specific risk analysis and application of a regulative framework for all forms of business relationships. The rationale for adopting the risk-based approach is that a better understanding of the extent, form, production and disposal or use of the proceeds of crime helps to determine the appropriate interventions. Tentative steps towards establishing trends in money laundering and the financing of terrorism have been taken over the past few years. A team of World Bank experts visited Botswana at the end of 2006 to assess the implementation of the FATF anti-money laundering and counter-financing of terrorism (AML and CFT) standards. In early 2007 the Directorate on Corruption and Economic Crime (DCEC), in collaboration with the Institute for Security Studies (ISS)...
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...An Examination of Cybercrime and Cybercrime Research: Self-control and Routine Activity Theory Katherine M. Grzybowski Arizona State University 1 March 2012 Cybercrime 1 TABLE OF CONTENTS 1. ABSTRACT .....................................................................................................3 2. INTRODUCTION...........................................................................................4 3. A REVIEW OF CYBERCRIME ...................................................................6 3.1 Cybercrime Legislation ............................................................................7 3.1.1 Federal Laws .................................................................................7 3.1.2 State Laws ......................................................................................9 3.2 Cybercrime Law Enforcement Agencies ................................................11 3.3 Classifying Cybercrime ............................................................................16 3.4 National Levels of Cybercrime ................................................................19 3.4.1 Business Cyber Victimization ......................................................20 3.4.2 Individual Cyber Victimization ...................................................22 4. A REVIEW OF THEORIES..........................................................................26 4.1 Self-control Theory ....................................
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...An Examination of Cybercrime and Cybercrime Research: Self-control and Routine Activity Theory Katherine M. Grzybowski Arizona State University 1 March 2012 Cybercrime 1 TABLE OF CONTENTS 1. ABSTRACT .....................................................................................................3 2. INTRODUCTION...........................................................................................4 3. A REVIEW OF CYBERCRIME ...................................................................6 3.1 Cybercrime Legislation ............................................................................7 3.1.1 3.1.2 Federal Laws .................................................................................7 State Laws ......................................................................................9 3.2 Cybercrime Law Enforcement Agencies ................................................11 3.3 Classifying Cybercrime ............................................................................16 3.4 National Levels of Cybercrime ................................................................19 3.4.1 3.4.2 Business Cyber Victimization ......................................................20 Individual Cyber Victimization ...................................................22 4. A REVIEW OF THEORIES..........................................................................26 4.1 Self-control Theory ...................................................................
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...the central authority of tax policy and administration in Bangladesh, plays a critical part in the development of the country. During the current fiscal year (FY 2010-11), NBR is expected to collect Taka 75,600 crore, providing much needed support to the government‟s development efforts. In recent years, Bangladesh‟s tax collection has recorded an impressive growth averaging 20% per annum. Despite this good achievement, a lot remains to be done. Bangladesh‟s tax-GDP ratio at 9.3% remains quite low when compared with other similarly placed countries in South Asia. Less than 1% of the population pays income tax and tax evasion is persistent even though a significant amount of tax revenue is given up in the form of tax incentives. Together, curbing tax evasion and dealing with tax incentives could add 5 percentage points to the tax-GDP ratio, potentially adding about 40,000 crore to the revenue collection. Most of NBR‟s processes are manual and there is little in the nature of taxpayer service and taxpayer education. The NBR also faces problems in its functioning due to its current administrative structure. Despite being under the same board, the different wings of the NBR (Income Tax, Value Added Tax (VAT) and Customs) operate almost independently providing little support to each other in combating tax evasion and providing a unified front to taxpayers. Moreover, the NBR faces the problems of acute shortage of trained manpower as well as physical infrastructure. These weaknesses of...
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...Chapter Four Professional Accounting in the Public Interest, Post-Enron Purpose of the Chapter When the Enron, Arthur Andersen, and WorldCom debacles triggered the Sarbanes-Oxley Act of 2002 (SOX), a new era of stakeholder expectations was crystallized for the business world and particularly for the professional accountants that serve in it. The drift away from the professional accountant’s role as a fiduciary to that of a businessperson was called into question and reversed. The principles that the new expectations spawned and renewed resulted in changes in how the professional accountants are to behave, what services are to be offered, and what performance standards are to be met. These standards have been embedded in a new governance structure and in guidance mechanisms, which have domestic and international components. The influence of the International Accounting Standards Board (IASB) and the International Federation of Accountants (IFAC) will be as important as that of SOX in the long run. This chapter examines each of these developments and provides insights into important areas of current and future practice. Building upon the understanding of the new stakeholder accountability framework facing clients and employers developed in earlier chapters, this chapter explores public expectations for the role of the professional accountant and the principles that should be observed in discharging that role. This leads to consideration of the implications for services to be...
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...on South Africa analyzes the political, economic, social, technological, legal and environmental (PESTLE) structure of South Africa. The report provides a holistic view of South Africa from historical, current and future perspective. Insightful analysis on critical current and future issues is presented through detailed SCPT (strengths, challenges, prospects and threats /risks) analysis for each of the PESTLE segments. In addition, the PESTLE segments are supplemented with relevant quantitative data to support trend analysis. The PESTLE country analysis report series provides an in-depth analysis of 50 major countries. Features and Benefits • Understanding gained from the country analysis report on South Africa can be used to plan business investments or market entry apart from a holistic view of the country. • Political section on South Africa provides inputs about the political system, key figures in the country, and governance indicators. • Economic section on South Africa outlines the economic story of the country to provide a balanced assessment on core macro-economic issues. • Social section on South Africa enables understanding of customer demographics through the income distribution, rural-urban segmentation and centres of affluence, healthcare and educational scenario in the country. • Technological section on South Africa provides strategic inputs on information communications and technology, technological laws and policies, technological gaps, patents data...
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...Vol. 7(31), pp. 3078-3089, 21 August, 2013 DOI: 10.5897/AJBM12.1193 ISSN 1993-8233 © 2013 Academic Journals http://www.academicjournals.org/AJBM African Journal of Business Management Full Length Research Paper Social vices associated with the use of Information Communication Technologies (ICTs) in a Private Christian Mission University, Southern Nigeria. Omonijo, Dare Ojo1*, Nnedum, Obiajulu Anthony Ugochukwu2, Fadugba, Akinrole Olumuyiwa3, Uche, Onyekwere Chizaram Oliver4 and Biereenu-Nnabugwu, Makodi5 Department of Student Affairs, Covenant University, P. M. B. 1023 Ota, Nigeria. Department of Psychology, Nnamdi Azikiwe University, P. M. B. 5025 Awka, Nigeria. 3 Department of Business Management, Covenant University, P. M. B. 1023 Ota, Nigeria. 4 Department of Religion and Human Relations, Nnamdi Azikiwe University, P. M. B. 5025, Awka, Nigeria. 5 Department of Political Science, Nnamdi Azikiwe University, P. M. B. 5025, Awka, Nigeria. 2 1 Accepted 6 August, 2013 This study is designed to address social problems associated with Information Communication Technologies (ICTs) and implications they portend on studentship in a Private Christian Mission University, Southern Nigeria. It tries to find out how the engagement of ICT devices results in social vices on campus. Drawing from recorded data between 2006 and 2012 academic year, the study reported six ICT tools associated with eight social- ills. Relying on raw data of 900 students disciplined within this period, the study...
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...Study Guide for the Certification Examination Fifth Edition ACAMS.org ACAMS.org/español ACAMSToday.org MoneyLaundering.com Study Guide for the Certification Examination Fifth Edition a publication of the association of certified anti-money laundering specialists Study Guide for the Certification Examination Fifth Edition Executive Vice President John J. Byrne, CAMS Editor Robert S. Pasley, CAMS Co-Editor Kevin M. Anderson, CAMS Contributors Joyce Broome, CAMS Heather Brown, CAMS Aub Chapman, CAMS Vasilios Chrisos, CAMS David Clark, CAMS Jurgen Egberink, CAMS Michael D. Kelsey, CAMS Saskia Rietbroek, CAMS Nancy J. Saur, CAMS Mansoor Siddiqi, CAMS Daniel Soto, CAMS Timothy White CAMS Production Assistant Catalina Martinez We would like acknowledge the following individuals for their contributions to the CAMS Exam, and the Online and Live Preparation Seminars: Kevin M. Anderson, CAMS Joyce Broome, CAMS Aub Chapman, CAMS David Clark, CAMS Josue Garcia, CAMS Hoi Luk, CAMS Ira Morales Mickunas, CAMS Robert S. Pasley, CAMS Karim Rajwani, CAMS Mansoor Siddiqi, CAMS Saskia Rietbroek, CAMS Ed Rodriguez, CAMS Nancy J. Saur, CAMS Wendy Steichen, CAMS Brian J. Stoeckert, CAMS Charles Taylor, CAMS Will Voorhees, CAMS Natalie Ware, CAMS Peter Warrack, CAMS Amy Wotapka, CAMS Crispin Yuen, CAMS Copyright © 2012 by the Association of Certified Anti-Money Laundering Specialists (ACAMS). Miami, USA. All rights...
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...CHEATING Definition Cheating is defined as the intentional act of breaking the rules, or attempting to achieve personal gain through fraud or deceit.16 To cheat is to deprive of something valuable by the use ofdeceit or fraud, to influence or lead by deceit, trick, or artifice, to practice fraud or trickery, to violate rules dishonestly, or to be sexually unfaithful.11 A cheater (sometimes called acheat) gets something by dishonesty or deception; or by depriving one of his or her rights and usually connotes deliberate perversion of the truth; or by large-scale cheating bymisrepresentation or abuse of confidence.11 Cheating is an act of lying, deception, fraud, trickery, imposture, or imposition. Cheating characteristically is employed to create an unfair advantage, usually in one's own interest, and often at the expense of others. Cheating implies the breaking of rules. Cheating is a primordial economic act: getting more for less, often used when referring to marital infidelity.3 Cheating is when a person misleads, deceives, or acts dishonestly on purpose.17 Cheating fundamentally includes several elements of both lying and stealing, with specific motivations to gain something of value by illegitimate means. That is why lying and stealing are discussed before cheating. Cheating is lying and/or stealing with the intention for acquiring something for more than merely the "pleasure" of fooling or depriving others. Children Cheating as a concept is not understood by children...
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...S E C T I O N II Understanding White-Collar Crime Definitions, Extent, and Consequences S ecti on Hi g h l i g h ts •• •• •• •• •• •• White-Collar Crime: An Evolving Concept Modern Conceptualizations of White-Collar Crime Extent of White-Collar Crime Consequences of White-Collar Crime Public Attitudes About White-Collar Crime Characteristics of White-Collar Offenders A 34 s noted in the introduction, Edwin Sutherland created the concept of white-collar crime more than 70 years ago to draw attention to the fact that crimes are committed by individuals in all social classes. As will be seen in this section, one of the largest difficulties in understanding white-collar crime has centered on an ongoing debate about how to define white-collar crime. After discussing various ways that white-collar crime can be defined, attention will be given to the extent of white-collar crime, the consequences of this illicit behavior, public attitudes about white-collar crime, and patterns describing the characteristics of white-collar offenders. Section II Understanding White-Collar Crime 35 As a backdrop to this discussion, consider the following recent white-collar crimes described in the media: •• A jury convicted [then-Baltimore mayor Sheila] Dixon . . . of embezzling about $500 worth of gift cards donated to the city for needy families. Dixon then pleaded guilty last month to lying about thousands of dollars in gifts from her former boyfriend, a prominent developer...
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...Assessment & Evaluation in Higher Education, Vol. 28, No. 5, October 2003 In Other (People’s) Words: plagiarism by university students—literature and lessons CHRIS PARK, The Graduate School, Lancaster University, Lancaster, UK ABSTRACT This paper reviews the literature on plagiarism by students, much of it based on North American experience, to discover what lessons it holds for institutional policy and practice within institutions of higher education in the UK. It explores seven themes: the meaning and context of plagiarism, the nature of plagiarism by students, how do students perceive plagiarism, how big a problem is student plagiarism, why do students cheat, what challenges are posed by digital plagiarism and is there a need to promote academic integrity? It is concluded that plagiarism is doubtless common and getting more so (particularly with increased access to digital sources, including the Internet), that there are multiple reasons why students plagiarise and that students often rationalise their cheating behaviour and downplay the importance of plagiarism by themselves and their peers. It is also concluded that there is a growing need for UK institutions to develop cohesive frameworks for dealing with student plagiarism that are based on prevention supported by robust detection and penalty systems that are transparent and applied consistently. Introduction Much has been written on the theme of plagiarism by students, particularly in the context of North...
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