...Differences and Similarities between Public and Private Sectors Mary Hawthorne Principles of Investigation SEC430 January 4, 2011 This paper discusses the differences and similarities between public and private sectors, including the differing methods of operation used by investigators during criminal investigations and the differing or similar chain of command. In the state of Florida one may realize there are plenty of property crimes that happen daily. The state of Florida recognizes a select few crimes happen more frequently than others. Vandalism, burglary, and graffiti are those few. When comparing all three together one type is more often reported then any of the three, and that’s vandalism. The state of Florida recognizes three different types of stages for vandalism in the public sector. The first being if the property was damaged less the two hundred dollars then the state will recognize it as a 2nd degree misdemeanor, A public sector suspect convicted of this charge may only spend up to sixty days in jail, as well as have to pay all the costs in order to fix the property that was damages. If the suspect was to damage over two hundred dollars but less than one thousand dollars then it may be considered a 1st degree misdemeanor, which carries much more time spent in jail at a maximum of one year plus all the costs the suspect may have damaged to the property. As many are aware of Felonies carry much more punishment then what...
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...Private Police and Civil Liability Dan Seemann SEC/350 August 4, 2014 Darrin Waters Civil Liability and Private Police Private police and security continue to grow at a rapid pace because of reduced Constitutional restrictions, but employers must also understand the increased civil liabilities associated with employing private security. This paper will help to evaluate civil liability and how these liabilities are applied to private police forces. Another key element will be to identify and recommend certain measures that can be implemented to help mitigate organizational and institutional liability. Mitigating these liabilities will enable a larger return on investment for the business using these private security forces. Potential for Civil Liability Civil liability is considered the potential responsibility for payment to be assessed to an individual or organization that has incurred damages based on a lawsuit. There are several different factors that can determine the potential for liability based on certain tort laws that may be applied. A tort is considered to be a wrongful act that was committed that may result in compensation based on varying levels of proof and damages that are present. Rules, evidence, precedent, and judicial discretion all help to determine which category or tort law will be applicable. The elements and burden of evidence and proof can also vary from state to state, and can focus on different...
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..."There is no point reforming the rules on auditors if the liability regime continues to be as lax as it currently is." Discuss. Auditors provide a key investigation function in the business world. The law in relation to the liability of auditors changed significantly with the introduction of Companies Act 2006. It is now possible for audit firms to limit their liability towards clients through contractual agreements. The current auditing liability regime has proven to be controversial. This essay will first present the relevant liability rules and examine the underlying problems, then evaluating the significance of these rules with regard to auditing reforming. Overall, an auditor can be liable either in contractual, tortious or criminal circumstances. Each of these areas will be discussed in turn. I. Contractual Liability There is usually a contract that exists between the audit company and its client which gives rise to a contractual relationship and its surrounding duties. If an auditor does not exercise reasonable care and skill, the client company will be able to claim for damages for any loss arising from the situation. The auditor’s implied contractual duty of care is owed to the company and not to individual members as the contract is formed with the company as a separate legal person. The role of auditor is to “ascertain and state the true financial position of the company at the time of the audit, and his duty is confined to that.” To discharge this duty...
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...are definitions established within Criminal Culpability, mainly intent, there continues to be discussion over the intended meanings. Specific intent, general intent, transferred intent and strict liability are frequently referenced in the determination of criminal offenses but continue to provide a level of confusion to the law professionals. The intent determines the mindset of the person accused of the crime and provides guidance to the process in which they are punished. These intents are part of the mens rea for the crimes committed and differ from the Model Penal Code. The Model Penal Code has served to simplify the definitions used in the previously mentioned intents. INTENT AND THE CODE 3 There are many differences in the interpretations of Common Law intents and liability. These intents are identified as: specific, general, transferred and strict liability which governs decisions of lawmakers and judges. The complexity in understanding the defined intents and applying them uniformly creates a feeling of disproportionate accountability from members of the public. The Model Penal Code (MPC) changes these intents in common law to four mental states: purposely, knowingly, recklessly and negligently. The “MPC expressly rejects the general notion of strict criminal liability.” (Garland, 2012) There seems to be a need for both levels of the law to coincide and provide the tools necessary for our criminal law system to protect society. ...
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...Forensic Accounting Practice Bradford Clark Professor Dr. Hanners Lithonia Campus BUS 508 – Contemporary Business March 1, 2012 Strayer University Determine the most important five (5) skills that a forensic accountant needs to possess and evaluate the need for each skill. Be sure to include discussion regarding the relationship between the skill and its application to business operations. A forensic accountant is a specialist in accounting and financial systems that is trained to detect white collar fraud. Forensic Accounting is a fast growing field in the in the field of accounting. Although it has been around for a long time, it has become increasingly popular in the past few years as there have been a number of corporate scandals, stricter reporting, and internal control regulations involving public awareness and importance in the business world. With the state of the world’s economy forensic accountants are in high demand. Forensic accountants should at least possess a Bachelor degree in accounting. They should also be a Certified Public Accountant (CPA) and may possess other certifications such as Certified Forensic Accountant (CrFA) and Certified Forensic Accounting Professional (CFAP). The skills needed to become a forensic accountant include strategic critical thinking, problem solving/decision making, leadership, interpersonal and communication skills, and professional and ethical behavior. Strategic critical thinking is the ability to link data, knowledge...
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...to claimant which was not desired by the defendant. According to Blyth v Birmingham Waterworks Co it is the “omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do”. But the point is that the Law of negligence has no statutory basis. It has developed through a huge number of cases. This means that whenever considering a duty of care exists in any given situation the courts have flexibility to take public policy consideration into account and steer the evolution of the tort of negligence accordingly. This flexibility has also allowed to protect certain classes of defendant from liability in negligence. The traditional approach adopted by the courts has been to refuse an action against the police either on policy grounds or because there is no proximity between the injured person and the police agent. Since the implementation of the Human Right Act 1998 it is possible to bring a direct action under the legislation against the police if they are in breach of one of the relevant article. For instance an action under article 2 (right to life) might be brought by the estate or dependants of a person who has died as a result of the alleged breach. Today, immunity is not as strict as the case seems to establish but still a plaintiff claiming negligence will face difficulties specially when...
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...security officers arrest powers as a result of the lack of public security officers available. One major difference that has been slowly but steadily changing is the mandatory training required for both the public and private security officers. The training and education a public police officer must complete in order to be hired by any department, is on average far more in-depth than that of a private security officer who usually is forced to submit to a standard drug test and a basic back ground criminal investigation check. But the educational opportunities that exist in modern day, the availability of these educational opportunities and the liability problems that exist as a result of not having professionally trained individuals working private security is almost prominent. Now there are large private security companies realizing the importance of having better trained officers and are increasing the level of professionalism their security officer have for the sole purpose of establishing contracts and in order to compete against public law enforcement officers. Furthermore, public officers receive their...
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...combats organised crime and relies on the legal fiction that the property, and not the owner, has disobeyed the law. As a result, conviction or even criminal charge is not placed against the owner. The powers conferred by this Act are exercisable regardless the conduct of any proceedings related to an offence in connection with the said property. Under civil recovery, properties are considered as recoverable property that is obtained through unlawful...
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...| | a) As the company’s MLRO (see appendix) my assessment of the red flags that are apparent within this scenario prior to the call from the Royal Canadian Mounted Police (RCMP) are as follows:- Regardless of the further background checks undertaken by myself, the Bank should already have had cause for concern with this client. A major worry being the multi-jurisdictional aspect of the LLC business; registered in St.Luke but not incorporated there, the Head Office in Canada, business based in Belgium, clientele Canadian and U.S. based and using offshore jurisdictions around the world. There is no clear commercial rationale behind the reason for this which must be a major consideration when assessing client due diligence (CDD) as multi-jurisdictional structures are vulnerable for money laundering and terrorist financing. Concern is heightened further given that “95 per cent of its dealings involved legitimate money management in offshore jurisdictions around the world” and yet the company is registered for securities business in Canada. There is no precise understanding as to why this is and any account administrator picking up the file for the first time (or anytime) wouldn’t have a clear picture as to the exact nature of this business. The Financial Action Task Force (FATF) issued a paper (1) on the misuse of corporate vehicles...
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...Forensic Accounting & Auditing: A New Paradigm INTRODUCTION Thanks to the popularity of some criminal dramas, the word "forensic" might cause you to think about the process of working a crime scene. These investigators track down criminals using DNA samples, fingerprints, bloodstains, photos and other clues. So at first, you may wonder how the word "forensic" could ever be joined with the word "accounting." It's not as if you've seen accountants working with the other investigators at a crime scene. However, it really depends on the type of crime. “Auditor should be watchdog and not be the bloodhound”. It’s a good quote that every auditor should know. This quote makes the definition of forensic accountants even simpler. The forensic accountant is the bloodhound of Book keeping. External auditors look at the numbers but the forensic auditors look beyond the numbers. Only Forensic just means "relating to the application of scientific knowledge to a legal problem" or "usable in a court of law." Most of the crimes, such as homicides, investigated on a show like "CSI" are known as "crimes against the person." Forensic accounting is simply a specialty field within the broader arena of accounting. The types of crimes forensic accountants investigate are classified as "crimes against property." They investigate crimes such as fraud and give expert testimony in court trials. They also perform work related to civil disputes. Forensic accountants are also known as fraud investigators...
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...Final Review for ACCT 436 M/C题： 1. Racketeer Influenced and Corrupt Organization (RICO) -Act that lists more than 30 different state and federal crimes for which the violation of any two in a related pattern over a 10-year period can lead to criminal and/or civil liability with criminal penalties of fines up to $25,000 and 20 years in prison; part of the Organized Crime Control Act (OCCA) of 1970. -The act was designed to combat organized crime, forbids certain organized gambling, and to allow the prosecution of criminal leaders who may not have been directly involved in a series of criminal acts but whose criminal organization carried out the details. 2. Benford’s Law (1)定义：A fraud indicator that predicts the relative incidence of first digits of numbers in certain types of random data. (2)Benford Analysis Benford analysis presents another interesting approach to fraud detection. Its general use is to determine the likelihood that fraud exists in records. This technique is based on Benford’s law, named after Frank Benford who realized that the likelihood that numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9 will appear as the first digit in numbers occurring in a random data set conforms to a predictable pattern. That is, the number 1 is more likely to appear as the first digit in a number than is the number 2. The pattern of likelihood (Figure 6.6) continues with other digits: The number 2 is more likely to appear as a first digit than 3, 3 is more likely to appear as a first...
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...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
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...Economics Volume XVIII (2011), No. 9(562), pp. 61-70 Limiting Civil Liability in the Sphere of Business Auditing Carmen COSTULEANU University “Petre Andrei”, Iaşi ccostuleanu@yahoo.com Ionel BOSTAN University “Al. I. Cuza”, Iaşi ionel_bostan@yahoo.com Emil HOROMNEA University “Al. I. Cuza”, Iaşi emil.horomnea@yahoo.com Marcel COSTULEANU University “Gr.T. Popa”, Iaşi mcostuleanu@yahoo.com Carmen CODREANU University “Petre Andrei”, Iaşi codrcarmen@yahoo.com Abstract. The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent. Keywords: auditing contract; insurance; negligence/imprudence in the performance of duties; civil liability; faults; offences; damages. JEL Codes: M14, M41. REL Codes: 5H, 14I...
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...long recognized that its functions in the area of global plastics involve numerous substantial legal and ethical responsibilities. These responsibilities tend to affect the very ends on which the focus, customer relationships, employees, and the future of the company. In line with the current conundrum in the economic environment of the United States and the consequent termination of certain companies, it is imperative that companies like Riordan Manufacturing complies with the existing corporate rules and regulations as provided by the existing regime on corporations. This is the primary intention of this document, to provide for the implications of the existing regimes, in this case the Sarbanes-Oxley Act, on the responsibilities and liabilities of the officers and directors of Riordan Manufacturing. For the purposes of this paper, the framework followed is structure provided for by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) shall be used to discuss the major areas that directors need to consider with regards to their legal responsibilities. In the same manner, the arguments and discussions provided in the course of this document shall be supported by existing journals on corporate management, corporate governance, as well as the discussions pertaining to the implications of the Sarbanes-Oxley Act on the major corporations as well as their respective directors and officers. In the end of this document, a summation of these arguments and observations...
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...following best describes how the composite risk management process should be reflected in your safety briefing? * It is important to teach the composite risk management process in your briefing * It is important to review the composite risk management worksheet * It is useful to use the steps of the composite risk management process to organize your safety briefing * You should review the methods for assessing the probability and severity of hazards for your unit All of the following are effective controls to mitigate the risk of a privately owned vehicle accident EXCEPT: * Leave/Pass Form * Safety survey/inspection * Designated driver program * Travel Risk Planning System What document provides the requirement for establishing a unit safety program? * AR 385-10 * AR 385-90 * AR 11-9 * AR 385-1 What model are you required to use when creating a command safety briefing? * The model provided in The Commander’s Safety Course * The model found on the Army Safety website * The model used by the former commander * There is no model that you are required to use The requirement and procedures for Army aviation accident prevention programs are found in what document? * DA Pam 385-16 * DA Pam 385-10 * DA Pam 385-90 * DA Pam...
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