CORPORATE FRAUD- VIGIL MECHANISM AND SFIO
Dissertation submitted in partial fulfilment of the requirements for the Degree of Masters of Laws in the NLUO, Cuttack.
Submitted By: Baby Khan 2014/LL.M./06
Under the Guidance of:
Ms.Suman Dash Bhattamishra
National Law University Odisha, Cuttack
NATIONAL LAW UNIVERSITY, ODISHA
CUTTACK, KATAJODI CAMPUS, CDA, SECTOR- 13
NEAR- NARAJ CUTTACK
DECLARATION
I, BABY KHAN declare that this thesis entitled “CORPORATE FRAUD – VIGIL MECHANISM AND SFIO” is not more than 2500 words in length including quotes and exclusive of tables, figures, appendices, bibliography, references and footnotes. This thesis contains no material that has been submitted previously, in whole or in part, for the award
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with a view to fulfilling the assigned task.
A corporate fraud can happens when a company or an organisations deliberately changes or conceals something to the next in order to make appears healthy which is not originally. A company may commit fraud by manipulating accounting records, hiding debt, or failing to inform shareholders of loans and bonuses given to its executives. The falsification of financial information, including false accounting entries, bogus trades designed to inflate profits or hide losses and false transactions will help the organization to attract funds from the lenders and investors. Corporate Fraud can happen in many ways and most of the fraud took place by the employee working under his own organisation or company. There are different ways corporate fraud held like Management fraud which is also known as financial fraud in this mainly the fraud committed by management along with corruption and bribery in dealing in favour of the
One example was the Credit Mobilier scandal where major stockholders of the Union Pacific Railroad formed the Credit Mobilier company and sold their shares to influential congressmen. These executives essentially hired themselves and stole taxpayer money, a very lucrative scandal. Scandals like the Credit Mobilier were widespread and executives from many other railroad companies often stole from their own companies. Many executives would manipulate the rail companies' stocks to profit greatly. Executives would often bribe influential politicians, and work together to profit themselves.
nature are hedonistic, this means that people given the opportunity would avoid painful situations at all costs, while vigorously reaching out for pleasurable moments. An example of reasoning in act Utilitarianism can be found in the biomedical ethics book (Mapes&Gaize pg. 10). A severely ill infant who has zero chances of survival has contracted a deadly virus, the physician and parents now must make the decision to treat the virus with antibiotics or allow the infant to simply die. In this case it is clear that those involved would be best served by allowing the child to simply die, since the infant has nothing to gain and everything to lose from a painful prolonged life. The anguish and distress of the parents cannot be eliminated regardless
The fraud triangle is made up by three distinguished elements. These elements in the fraud triangle consist of pressure, opportunity, and rationalization. The overall representation of the fraud triangle can be seen as the specific model to spot any type of high-risk unethical and fraudulent performances being conducted by a company, in this case Cendant Corporation. Cedant Corporations actions can be analyzed by the fraud triangle by the way that their senior management/top management decisions fell into the three categories of pressure, rationalization, and opportunity. Cendant Corporation had the pressure to comply with their shareholders and to maintain a stable financial status to prove that they were a profitable organization with a bright company image.
Title: Philosophy of Development Name: Jitendra Kuldeep Roll No: 13110044 Word Count: 1659
The American corporate system has long faced ethical concerns amongst the citizens of the United States. Often, corporate greed undermines morality and often furthers an agenda that puts profit ahead of people. A prime historical example of this case in ethical obligations is the case of the Enron Scandal of 2001. The CEOs of this Scandal hid millions of dollars of debt from their balance sheets and were able to extort money from shareholders based on surging stock prices, fueled solely on false pretenses propagated by the CEO (citation). This is a modern example of an ethical lapse by a corporate model catering to the public.
Brave new world - Essay I look at this from a utilitarian perspective were the moral thing is to do the most good for the most amount of people. The individual, while important in any sense, is only relevant in terms of the community as a whole. It is very similar to the question of individual versus collective happiness. The happiness of the most amount of people is better than letting the individual decide for oneself.
He also rationalized his fraudulent activities by hiding the customer’s late payment in order to be benefitted himself, but said that he was helping people more than he was helping himself. 2. Given that Mr. Pavlo’s fraud was restricted to an accounts receivable embezzlement scheme, what symptoms might auditors observe?
Utilitarianism is the moral theory that the action that people should take it the one that provides the greatest utility. In this paper I intend to argue that utilitarianism is generally untenable because act and rule utilitarianism both have objections that prove they cannot fully provide the sure answer on how to make moral decisions and what will be the ultimate outcome. I intend to do this by defining the argument for act and rule utilitarianism, giving an example, presenting the objections to act and rule utilitarianism and proving that utilitarianism is untenable. Both act and rule utilitarianism attempt to argue that what is right or wrong can be proven by what morally increases the well being of people. Act utilitarianism argues that
Suppose a conductor is driving his train and the breaks are defect. The rails lead directly into a cluster of five people who would all die if the train will go this direction. However, the conductor can change onto another track where only one person is standing hence only one person would die. How should the conductor react (Hare, 1964)? Is it possible to condense the problem to a rather simple maximization problem in example that the action is taken, which would kill the least people?
Parker Garland Dr. Wion Ethics 12/10/16 Utilitarianism and Abortion Imagine how the world would be if everybody consistently acted in a manner in which what was best for everyone and animals was the main goal of each and every action and decision made. Do you think the world would be a better place? The is what the moral theory of Utilitarianism argues that it would be. Utilitarianism is an ethical theory that believes that the best action is the one that maximizes utility.
As per the reading suggested by the instructor about the philosophical idea of Consequentialism (Utilitarianism) given by Jeremy Bentham and John Stuart Mill and the other concept which is given by Immanuel Kant in the critics of Utilitarianism theory which is called Deontological Ethics. The reading given made understand about all these two concept and their possible application in the policy or law making like the universal law. Utilitarianism:- this is the concept used by Jeremy Bentham (1748-1832) and the John Stuart Mill (1806-1873). The core idea of this theory is the results comes from the action taken by the group of people or the individual. According to theory the outcomes will be judged weather the action was morally right or wrong.
A) Introduction Unethical behaviors in business affect everyone since you either work in the field or are a consumer of its services. Unfortunately, almost every company usually has individuals who act unethically whether it is for their personal benefit or for the sake of the company they work for. Unethical behaviors in business might be as simple as using company property or funds for personal gain to inside trading and financial fraud. According to The Chartered Institute of Management Accountants, nearly one third of business professionals feel pressured to compromise their ethical standards and are increasingly pushed towards unethical behavior. Moreover, “misconduct is common and accepted by business services professionals, the integrity of entire economic systems is at risk”, states Jordan A. Thomas, partner and chair of the Whistleblower Representation Practice at Labaton Sucharow law firm.
Executive Summary Lehman Brothers were an investment bank involved in transactions worth billions of dollars and one of the most powerful investment banks in the world. Lehman Brothers collapsed in 2008 following bad investment in the sub-prime mortgage market and used bad accounting practices called Repo 105 transactions to try and cover up the bad assets. This report sets out the use of the fraud triangle when describing the actions which led to the collapse. The pressure applied on the bank, the opportunity due to the lack of regulation to carry out the actions and the ability of the bank to rationalise their decision making.
So making a bad decision is never fun. I’d like to think that most of us prefer not to make them but can’t help to sometimes because we think a bad decision isn’t that bad. It might even be a good one in the right mind set. The point of this paper being to reflect on a pass choice looking at it with the elements of critical thinking. My bad decision is one I think most are guilty of, waiting until the last minute on something important.
This three element fraud is often referred as a fraud triangle by the researchers (Cohen, Ding, Lesage & Stolowy, 2010, p. 276). On the other hand the theory of planned behavior focuses on the intentions behind the planned behavior. Ajzen (1991, p. 188) explains this as “attitude toward the behavior… refers to the degree to which a person has a favorable or unfavorable evaluation or appraisal of the behavior in question”. Cohen, Ding, Lesage & Stolowy (2010) have combined the fraud triangle and theory of planned behavior to understand that how the two theories can be collectively studied to find out the reasons behind the unethical activities that results in corporate frauds. Cohen, Ding, Lesage & Stolowy (2010) in their work studied various organizations including WorldCom and identified following: • WorldCom’s management had an excessive interest in maintaining the entity’s stock price and earning trends (p. 287).