Definition Of Fraud Research Articles

THE IMPORTANCE OF INTERNAL AUDIT IN FRAUD RISK MANAGEMENT

The article reveals the importance and role of internal audit in fraud risk management, including in the fight and prevention of fraud. The definitions of fraud by international organizations are analyzed. The studies of foreign and domestic scientists on the detection of fraud by internal audit have been studied, and recommendations on effective fraud risk management by internal audit have also been developed.

Fraud: Theory and Practice of Qualification

The paper continues a multi-year author’s research devoted to topical issues of application of norms of the Criminal Code of the Russian Federation on stealing other people’s property. On the basis of the analysis of a specific criminal case, on which the author drafted a scientific advisory opinion, the author describes the deficiencies of the qualification of fraud typical for enforcement practice. Attention is paid to the stereotypes of the prosecution authorities and courts in determining the amount of damage caused by stealing, as well as errors in applying criminal law competing rules containing different definitions of fraud. It is stated that two different in nature and degree of danger acts are factitiously unified in Part 5 of Article 159 of the Criminal Code of the Russian Federation, namely: a theft of other people’s property and deliberate failure to perform contractual commitments in the field of entrepreneurship. The author regrets that the legislator missed the opportunity to transfer to Chapter 22 of the Criminal Code of the Russian Federation the norm on crime in the field of economic activity—deliberate failure to perform contractual obligations in the field of business activity—that has caused damage (significant, large or particularly large) to interests protected by law. The author draws the conclusion on inadmissibility of substituting civil legal disputes by criminal prosecution.

A Survey of Automated Financial Statement Fraud Detection with Relevance to the South African Context

Financial statement fraud has been on the increase in the past two decades and includes prominent scandals such as Enron, WorldCom and more recently in South Africa, Steinhoff. These scandals have led to billions of dollars being lost in the form of market capitalisation from different stock exchanges across the world. During this time, there has been an increase in the literature on applying automated methods to detecting financial statement fraud using publicly available data. This paper provides a survey of the literature on automated financial statement fraud detection and identifies current gaps in the literature. The paper highlights a number of important considerations in the implementation of financial statement fraud detection decision support systems, including 1) the definition of fraud, 2) features used for detecting fraud, 3) region of the case study, dataset size and imbalance, 4) algorithms used for detection, 5) approach to feature selection / feature engineering, 6) treatment of missing data, and 7) performance measure used. The current study discusses how these and other implementation factors could be approached within the South African context.

HUKUMAN TINDAK PIDANA PENIPUAN DENGAN MENGGUNAKAN IDENTITAS PALSU DITINJAU DARI HUKUM ISLAM (Analisis Putusan Nomor 164/Pid. B/2016/PN. Bna)

Absrtak: Fraud using false identities is a criminal offense in the Indonesian legal system. The problem of fraud using this has not been sanctioned or punished in Islamic law so that it becomes something worth examining, considering that in the national legal system this problem is regulated in Article 378 of the Criminal Code and specifically fraud using false or deceptive identities, moving others to hand over something to him, or in order to give debt or write off receivables. But that does not mean that in Islamic law there is no penalty for fraud using this false identity. The research enrichment in this thesis is a review of Islamic law on judges' decisions and considerations (No. 164 / pid.Bna / 2016 / PN Bna) regarding fraud cases using fake identities. The purpose of this study was to determine the review of Islamic criminal law against perpetrators of fraudulent crimes using fake identities. By using library research methods and using descriptive data, this research is a descriptive analysis that aims to explain data about fraud using fake identities which are then analyzed with theories in Islamic law. The results of the research show that there is a specific and detailed explanation regarding the definition of fraud using fake identity, but in Islamic law there is no penalty for this crime. So see the similarities with the case of Baitul Maal stamp fraud during the time of Umar bin Khattab who punished the perpetrators with ta'zir punishment, whipping 100 times and exiled a year. From the explanation above, it can be concluded that the punishment for fraud perpetrators using fake identities is ta'zir punishment. Keywords: Fraud, False Identity.

MUHASEBE ALANINDA HATA, HİLE VE MANİPÜLASYON ÜZERİNE YAZILMIŞ MAKALELERİN BİBLİYOGRAFİK ANALİZİ (2009-2018 Yılları Arası)

In this research, it is aimed to evaluate the quantity of articles published in scientific journals on error, cheating and manipulation in accounting in the period 2009-2018 and to create a database for the researchers. For this purpose, articles published in 53 different national / international journals between 2009-2018, including issues of error, cheating and manipulation, were determined by scanning official websites of journals, Google Scholar and Dergipark databases. The scope of the study consisted of 64 articles containing the subjects to be examined and these articles were examined using the content analysis method. Articles are classified under 10 headings and interpreted. The study found that at most, in 2018, these subjects were processed and male authors contributed more to the literature. In addition, when the number of authors of the articles was examined, it was observed that the two authors had more articles. In terms of professional title, especially academics and students have published on these topics. In terms of academic titles, assistant professors have published about these subjects with the effect of changing associate professorship criteria. “Definition of fraud”, “types of fraud”, “definition of error” and “accounting manipulation” were used as the title in the articles examined, and articles on this subject were published mostly in “Journal of Financial Solutions” and “Journal of Accounting Finance”.

The Fraud Test and 'Manifest Injustice' under the New Act

Perhaps two of the most significant changes in the Land Transfer 2007 Act (NZ), are the introduction of a statutory definition of land transfer fraud, together with a provision allowing registration to be overturned on grounds other than a finding of fraud by the new registered proprietor. This is where the registration result is considered to be “manifestly unjust.” The statutory definition of the fraud test is considered to be cumbersome, unsatisfactory and indeed badly drafted, indicating perhaps the inadvisability of incorporating a statutory definition of this construct in the legislation. The manifest injustice test is equally considered to be problematic. It allows the Torrens registered result to be overturned on the general grounds that the registered result is manifestly unjust. This determination cannot be made without a court hearing, with relevant factual findings being made by the court that relate to the effect of the transaction under consideration on affected parties, including holders of unregistered interests. By application of such a test, the land can be returned notwithstanding the absence of any finding of fault, fraud or improper dealing by the new title registrant. Indeed, the relevant grounds suggests a statutory bias in favour of returning land. Furthermore, the hapless new registrant will have to bear their own litigation costs in defending their registered status, even though they are not a wrongdoer. This is because that party is only entitled to compensation from the State if the title registration is overturned. This raises the issue of whether we still have an immediate indefeasibility system, or indeed even a State guarantee as the registered result.

The role of auditing in the fight against corruption

The purpose of this paper is to analyze how various types of auditing may contribute to fight corruption. While previous literature has primarily addressed auditing's ability to prevent corruption, this paper systematically explores auditing's potential to detect corruption. It argues that financial auditing has excluded corruption from the definition of fraud and instead classified it as ‘non-compliance with laws and regulations’. The main arguments for this exclusion is that corruption leaves no material errors in financial statements and no evidence for the auditor to follow. The paper refutes this, arguing that commercial and political corruption creates misstatements in the financial statements of the corruption giver's organization as well as the corruption receiver's organization. Thus, if auditing is to gain a more prominent role in the fight against corruption, auditing standards must include corruption in the definition of fraud, private and public sector auditors need to cooperate and exchange information, auditing techniques to detect corruption should be employed, and the auditing profession must embrace effective preventive measures such as anti-corruption certifications.

Autonomy Principle and Fraud Exception in Documentary Letters of Credit, a Comparative Study between United States and England

Abstract Despite the fact that Documentary Letters of Credit are involved in process of International Trade for many centuries, but their legal personality is very new and their life span is much shorter than their existence. In the middle of Eightieth Century, Lord Mansfield introduced legal aspects of LC operation for the first time to the Common Law System. Later, International Chamber of Commerce started to codified regulations regarding international operation of Documentary Letters of Credit in 1933 under the title of Uniform Customs and Practices for Documentary Letters of Credit and updated them constantly up to current date. However, many aspects of LC operation including fraud are not codified under the UCP which subjects them to national laws. Diversified nature of National Laws in different countries can be source of confusion and problem for many businessmen active in international operation of Documentary Letters of Credit. Such differences are more problematic in Common Law countries as a result of following precedent. For Example, legal aspects of International LC transactions under British Law are only based on case law, however, American Law addresses Letter of Credit Operation under Article 5 of Unified Commercial Code. Due to important role of English and American law in practice of international trade, current paper will try to compare their approach to autonomy principle of in LC operation, fraud rule as a recognized exception to it and search for answer to following questions what is definition of fraud, and what are standards of proof for fraud in LC operation, under English and American law?

Fractional Reserve Banking, Client Collaboration, and Fraud

This paper traces the recent debate over the legitimacy of maturity mismatching and fractional reserve banking. It shows that there is common ground between Bagus and Howden (Journal of Business Ethics, 90(3):399–406, 2009, 106:295–300, 2012) on the one hand and Evans (Journal of Business Ethics, 2013) on the other regarding contractual arrangements that lead to fractional reserve banking, while both agree that fractional reserve banking that arises out of a bailment or storage contract constitutes fraud. Block and Barnett (Journal of Business Ethics, 88(4):711–716, 2009, 100:229–238, 2011) stress the illegitimacy of fractional reserve banking for creating more money substitutes than there is actual money. While it is true that fractional reserve banks are capable of creating money, this activity still cannot be regarded as fraudulent using a common law definition of fraud for it can only take place with requisite client collaboration that makes it impossible to identify a victim.

Principles and Ethics in Scientific Communication in Biomedicine

Introduction and aim:To present the basic principles and standards of scientific communication and writing a paper, to indicate the importance of honesty and ethical approach to research and publication of results in scientific journals, as well as the need for continuing education in the principles and ethics in science and publication in biomedicine.Methods:An analysis of relevant materials and documents, sources from the internet and published literature and personal experience and observations of the author.Results:In the past more than 20 years there is an increasingly emphasized importance of respecting fundamental principles and standards of scientific communication and ethical approach to research and publication of results in peer review journals. Advances in the scientific community is based on honesty and equity of researchers in conducting and publishing the results of research and to develop guidelines and policies for prevention and punishment of publishing misconduct. Today scientific communication standards and definitions of fraud in science and publishing are generally consistent, but vary considerably policies and approach to ethics education in science, prevention and penal policies for misconduct in research and publication of results in scientific journals.Conclusion:It is necessary to further strengthen the capacity for education and research, and raising awareness about the importance and need for education about the principles of scientific communication, ethics of research and publication of results. The use of various forms of education of the scientific community, in undergraduate teaching and postgraduate master and doctoral studies, in order to create an ethical environment, is one of the most effective ways to prevent the emergence of scientific and publication dishonesty and fraud.

Cash and fraud: A destructive alliance revisited

AbstractBy all accounts, today's business environment is a “perfect storm” for fraud. Today's economic climate places more emphasis on success—no matter how it is achieved. Many business leaders and managers begin to rationalize away any wrongdoings as completely appropriate. And computer technology has often made fraud easier. As a result of all this, self‐serving and inappropriate decisions may now routinely be made without any without fear of scrutiny. In layman's terms, this is a workable definition of fraud. The authors of this article take a close look at this troubling situation and discuss what to do about it. © 2012 Wiley Periodicals, Inc.

Integrity of Scientific Data: Transparency of Clinical Trial Data

The integrity of the data from clinical trials and of its use is an essential element of the scientific method, and of the trust one can have in this method. There are many examples of fraud, and they recur regularly. The objective of this round table was to work on the definition of fraud, on its recognition and prevention especially in the institutional system. Fraud involves an active decision to cheat, and ranges from trying to hide incompetence to wholesale invention of data, patients or studies. Its frequency is difficult to evaluate but might be as high as 1% of all studies or publications. Fraud can involve ethics (post-hoc IRB [institutional review board] approval, IRB requests not applied, lack of consent), or any of the steps from realisation to interpretation of studies or trials. Identification of fraud is made harder by the usual risk for the whistleblowers, who must be protected. Seeking fraud is implicit in Good Clinical Practices (GCP) that all industry sponsors must apply, but that are less often applied by institutional sponsors. It might be useful to install procedures to detect fraud in studies, especially institutional. Various statistical methods can be used to identify unusual data patterns that could suggest fraud. Once fraud is identified, its management is often not foreseen. Here again, clear procedures or recommendations would be of help.

Les aléas de la fraude en droit criminel

Even though section 338 Cr.C. appears in Part VIII of the Criminal Code entitled « Fraudulent transactions relating to Contracts and Trade », the criminal offence of fraud is of a much broader scope. The liberal interpretation received from the courts has transformed this crime into one of the widest and sometimes most unpredictable offences. The author first discusses Canada's territorial jurisdiction over international fraud in the light of the recent Libman case. He then proceeds to examine the impact of the Supreme Court decision in Vezina v. R. on the « deprivation » requirement in the definition of fraud. This text also concentrates on the objective-subjective mens rea dilemna and on a comparison of the constitutive elements of fraud, theft and false pretences. The author finally concludes that sections 320 and 338 Cr.C call out for immediate reform.

EC: The Role of the European Court of Auditors in the Battle against Fraud and Corruption in the European Communities

This article presents and analyses the role of the European Court of Auditors in the attempts to limit fraudulent behaviour and symptoms of officials' corruption within the European Union. First there is an examination of the existing situation regarding these two problems. After a short presentation of the Communities' legislative definition of fraud and corruption the article highlights the current role of the European Court of Auditors in combating them. The analysis is focused on the Court's approach of fraud and corruption as a result of exercising its auditing competences. Finally there are also suggestions regarding a more effective action on behalf of the Court either by granting it judicial authority (long‐term proposal) or by reinforcing its auditing and reporting competences.

Disreputable science: definition and detection

This paper describes definitions of fraud and misconduct as disreputable science. Some causes and methods of detection of scientific misconduct are identified. These hallmarks of credibility are essential for nursing to advance as a science.

Fraud and abuse in psychiatric practice.

A consensus has not yet been reached on definitions of fraud and abuse, particularly the latter. Further, the terms tend to be linked routinely by federal agencies, although abuse is generally understood to relate to inappropriate and fraud to illegal practices. These definitional problems make it difficult to determine what constitutes fraudulent or abusive practice in psychiatry. The authors provide hypothetical examples relevant to psychiatry, noting that in many cases it is still impossible to determine at what point a practice becomes inappropriate or illegal. Criteria must be developed by claims review systems, ethics committees, and PSROs; all those in the mental health field should devote serious attention to these issues.