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19th Annual ACFE Fraud Conference and Exhibition

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The Association of Certified Fraud Examiners (ACFE) organized the 19th Annual Fraud Conference and Exhibition in Boston, MA between July 13 and 18, 2008. Established in 1988, ACFE has more than 45,000 members in 125 countries. Around 2,000 Certified Fraud Examiners (CFE) and association members attended this year’s conference representing 52 countries. And more than 50 companies and institutions exhibited their products and provided information about their services. Besides the ten tracked main conference, there was a pre-conference for one day and a post-conference for two days.

Pre-Conference
One of the two parallel seminars during the pre-conference was Report Writing for Fraud Examiners. A majority of the fraud examiners agree that it is easier to find fraud than to write a report about it. In this seminar, the following topics were covered: writing more clearly and concisely; presenting thoughts and ideas more positively; avoiding overused words and phrases; assessing the audience; understanding the types of fraud examination reports; using a standard reporting format; and improving communications with management and outside parties.


The other pre-conference seminar was The Evolving Legal Landscape of Fraud Examinations. Since there are different and new types of frauds everyday, rules, laws and regulations to prevent fraud from happening need to always be updated. The following topics were covered in this seminar: evidentiary issues for fraud examiners, recent e-discovery changes, workplace constitutional issues, recent legislation and jurisprudence in fraud, new decisions and legislation in corporate and account liability, electronically stored information, responsibilities of auditors and accountants, and the rights of the employees and controlling of emails.

Main Conference
The main conference started with the flag ceremony where flags from 52 countries were placed on stage to remain during the entire conference. A diplomat and former U.S. senator Mr. George Mitchell delivered the opening speech of the conference. Senator Mitchell is known for his efforts as chair of the peace negotiations between the UK and Ireland, which ended decades of conflict. He also led two high-profile independent investigations: a Special Commission investigating allegations of impropriety in the bidding process for the Salt Lake City Olympic Games and a large-scale investigation of Major League Baseball looking into the potential usage of anabolic steroids and HGH by its players. In his speech, adorned with many anecdotes, Senator Mitchell talked about the difficulties of negotiations and mediations. He also underlined the importance of fighting fraud, which is the job of almost all of the conference participants.

The following were the ten tracks of the main conference, each of which had seven sessions:
• Awareness, prevention and deterrence
• Detection, investigation and resolution
• Cutting edge: Emerging trends and issues
• Auditing for fraud in the future
• Friend or foe: Fraud and technology
• Betting the firm: Risk management
• Drawing the line: Legal, ethics and compliance
• Insiders fight against fraud
• Doing it right: Best practices and case studies
• International issues and topics of special interest

Besides Senator Mitchell’s opening remarks and above mentioned sessions, there were three more key-note speeches in which all the participants attended. Assistant Attorney General and head of the Criminal Division of U.S. Department of Justice, Alice Fisher delivered one of these three speeches. She talked about her experiences at the Department of Justice and especially focused on how some legal sanctions can be forced on white-collar crime.

Speakers on the second day of the conference were John P. Coffey, Co-Managing Partner of Bernstein Litowitz Berger & Grossmann LLP, New York, and Dr. Robert Hare, author and professor of psychology at the University of British Columbia. Mr. Coffey served as lead trial attorney in two very important civil fraud cases: the WorldCom securities class action, which settled for $6.15 billion and the Arthur Andersen audit malpractice case, the largest non-profit bankruptcy in U.S. history. Mr. Coffey mainly talked about the experience he gathered during these two cases. Dr. Robert Hare, having devoted most of his academic career to the investigation of clinical psychopaths and the widespread implications for mental health and criminal justice, talked about the psychology of fraudsters.

Closing remarks of the conference were delivered by Patrick Kuhse, a convicted fraudster. While having a successful career as a stockbroker, Mr. Kuhse was involved in a bribery scheme with the Oklahoma State Treasury’s Office. Afterwards, realizing he would be arrested, Kuhse escaped to a Latin American country with his family; he was surrendered after being searched for as an international fugitive for four years and served time in both a foreign jail and U.S. Federal Prison. Currently, while trying to pay the money he acquired unlawfully, Kuhse attends meetings organized by local CFE chapters and universities and talks about why he did what he did. In this conference, Kuhse focused on common ethical dilemmas in the financial service industry, why people make the ethical decisions they do and provided insight on how to define, develop and control our own ethical behaviors.

One important topic Kuhse mentioned in his speech was his family’s suffering because of what he did and that he would never forget this. By fleeing from the country, he caused his wife and two grade-school-student children to live in a country where they didn’t even speak the local language. After three years, the family left Kuhse, returned to the U.S. and tried to survive without his support.

Post-Conference
Supporting the main conference, there were three parallel seminars after the main conference: Auditing/Investigating Fraud Seminar, Mortgage Fraud, and Interviewing in High-Tech Fraud Examinations.

Targeting especially auditors and investigators, the following topics were covered during Auditing/Investigating Fraud Seminar: auditors’/accountants’ fraud responsibilities, asset misappropriation, occupational fraud schemes, interviewing techniques, corruption schemes, fraud analysis techniques, legal issues, and report writing.

Mortgage fraud is mentioned as one of the top financial crimes in FBI’s recent Financial Crimes Report. According to the report, although the true level of mortgage fraud is largely unknown, because of mortgage lending’s and the housing market’s overall effect on the nation’s economy, combating fraud is a priority. The following topics were covered in this seminar: how to identify mortgage fraud indicators; the most common types of mortgage fraud; mortgage fraud prevention measures, including best practices; legal aspects of mortgage fraud, including how it is prosecuted at the federal and state level and current federal and state legislative efforts; and elements of mortgage fraud prevention, detection and deterrence.

As technology advances, its usage in fraud increases too. Fraudsters use specialized knowledge to obscure and conceal their schemes, so CFEs need to interview suspects who have high levels of industry-specific, technical or computer-based knowledge. The main goal of Interviewing in High-Tech Fraud Examinations seminar was to provide the keys to success in interviews where fraud and technology intersects. In this seminar, the following topics were covered: understand how technology is used to perpetrate, conceal, and get away with fraud; examine interview techniques specific to high-tech schemes; explain how to prepare and make the interview successful.

Conclusion
A common subject of fraud meetings or discussions is that the people can be categorized into three groups. First group of 20% under no circumstances involves itself in fraud. Another 20% always searches for fraud possibilities. Remaining 60% are the people who obey the law and follow the rules under normal circumstances. One important reality about this group is that by the force of extreme conditions, these people knowingly or unknowingly may become involved in fraud. A father, who lived honestly his whole life, may take advantage of a fraud opportunity if he needs money for the cancer treatment of his child.

Patrick Kuhse, who delivered the closing remarks of the conference, can be considered a sample of the 60% group. While working as a law obeying and successful stock broker, he made a chain of wrong decisions and at the end was imprisoned. In his speech, Kuhse pointed out that serving jail time and paying back unlawfully obtained money would in a way compensate the crime; however, it is not possible to heal the wounds in one’s conscience caused by hurting people and especially family or relatives.

In one of the presentations during the conference, Christopher Rosetti focused on the importance of having a fraud and misconduct strategy. He suggested that a plan should be based on the following: ethical culture, effective personnel policies, awareness, reporting/feedback, and monitoring.

ACFE is organizing the 20th Annual Fraud Conference and Exhibition in July 12-17, 2008 in Las Vegas, NV. More information can be found at http://www.fraudconference.com/ about the conference and http://www.acfe.com/ about ACFE.

 

Last Updated ( Tuesday, 11 November 2008 04:05 )
 

Law and Ethics in the Business Environment

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Halbert, Terry and Elaine Inqulli (2008) Law and Ethics in the Business Environment, South-College/West Publications, 6th edition.

Product Description: "Modern business is full of ethical dilemmas and snares. But LAW AND ETHICS IN THE BUSINESS ENVIRONMENT, 6e, equips you with the tools and practice you need to effectively handle the ethical issues you will likely face as a manager. Offering a unique interdisciplinary blend of theory and practical applications, LAW AND ETHICS combines up-to-the-minute issues in business ethics with the latest in case law. A refreshing change from the rote learning of many texts, LAW and ETHICS includes contemporary readings, current cases, historical quotes, chapter problems, chapter projects, and Internet-based assignments. A wealth of interactive projects--including role plays, mock trials, mock hearings, debates, roundtables, and negations--gives you hands-on experience grappling with real-life ethical dilemmas. The text also includes insightful case and end-of-chapter questions that help sharpen your critical-thinking skills. LAW AND ETHICS IN THE BUSINESS ENVIRONMENT, 6e, empowers you with the skills needed to make difficult ethical decisions--and ultimately become a better business leader. " (From Amazon)

Review: "What I do NOT like about the other textbooks is that they are more "red-eye" type telling about the ethical concern and not requiring critical thinking on the part of the student to determine what is "ethical and moral" in the legal context. For example, all of the other texts tend to show "employment-at-will" with the boss being able to fire the employee with or without cause as being unethical. However, in your text, you present both sides of the legal doctrine with the employer's side being presented also. This is something that the students have never even thought about. Because of the format of this Textbook, I am able to engage the students in a lot of critical thinking on subjects of legal and ethical interest to all of them. For instance, most students have never heard the other side to things like Affirmative Action. This causes the students to begin thinking not only in the classroom but in their current and future jobs. Because of this, my course in Business Ethics with your textbook is often rated one of the most interesting and most useful course students have taken in their college life. I also get calls often from former students that have run into an ethical/legal issue in their current work that we have covered. They want to refresh their knowledge of what they learned. Therefore, your current textbook is having an impact on students in real-life situations."

"I found the Instructor's Manual invaluable. The introductory tips helped me "break the ice" more effectively, and the sources and background (especially to the cases) saved me many, many hours of additional work while making me better prepared to anticipate and answer questions about the course content." (From Amazon)

Last Updated ( Monday, 30 June 2008 20:32 )
 

Business Ethics: Ethical Decision Making and Cases

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Ferrel, O.C., Fraedrich, J., and Ferrell, L. (2008). Business Ethics: Ethical Decision Making and Cases. New York: Houghton Mifflin Company. 7th edition.

"Philosophy of This Text: Business ethics in organizations requires values-based leadership from top management and purposeful actions that include planning and implementation of standards of appropriate conduct, as well as openness and continuous effort to improve the organization’s ethical performance. Although personal values are important in ethical decision making, they are just one of the components that guide the decisions, actions, and policies of organizations. The burden of ethical behavior relates to the organization’s values and traditions, not just to the individuals who make the decisions and carry them out. A firm’s ability to plan and implement ethical business standards depends in part on structuring resources and activities to achieve ethical objectives in an effective and efficient manner.

The purpose of this book is to help students improve their ability to make ethical decisions in business by providing them with a framework that they can use to identify, analyze, and resolve ethical issues in business decision making. Individual values and ethics are important in this process. By studying business ethics, students begin to understand how to cope with conflicts between their personal values and those of the organization." (From the Preface of the book, p. xvi)

There are many real-world examples and cases, as well as exercises, simulations, and practice tests in this text that provide numerous opportunities for students to master the material. It also covers the complex environment in which managers confront ethical decision making. Using a managerial framework, the authors address the overall concepts, processes, and best practices associated with successful business ethics programs–helping students see how ethics can be integrated into key strategic business decisions.

Last Updated ( Sunday, 14 September 2008 16:06 )
 

Ethical Theory and Business

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Beauchamp, T. L., Bowie, N. E., and Arnold, D. G. (2008). Ethical Theory and Business. Upper Saddle River, NJ: Prentice Hall. 8th edition.

Thsi book is a comprehensive anthology of readings, legal perspectives, and cases in ethics in business. Ethical Theory and Business provides students with a strong understanding of ethics in business and the tools needed to address ethical situations in business.The authors examine ethical theory and business practice, the purpose of the corporation, corporate character and individual responsibility, acceptable risk, the ethical treatment of employees, diversity and discrimination in the workplace, marketing and disclosure of information, ethical issues in information technology and, ethical issues in international business. For those interested in examining the ethical challenges we face today.

Here is an excerpt from the first chapter of the book:

“Can large business organizations be just? Should the chief obligation of business be to look out for the bottom line? Is non-voluntary employee drug testing immoral? How far should business go to protect and preserve the environment? These are some of the many questions that permeate discussions of the role of ethics in business.

The essays and cases in this book provide an opportunity to discuss these questions by reading and reflecting on influential arguments that have been made on these subjects. […]” (p. 1)

Milton Friedman’s famous article “The Social Responsibility of Business Is to Increase Its Profits” is included in this text and here is an excerpt from that article:

“When I hear businessmen speak eloquently about the “social responsibilities of business in a free-enterprise system,” I am reminded of the wonderful line about the Frenchman who discovered at the age of 70 that he had been speaking prose all his life. The businessmen believe that they are defending free enterprise when they declaim that business is not concerned “merely” with profit but also with promoting desirable “social” ends; that business has a “social conscience” and takes seriously its responsibilities for providing employment, eliminating discrimination, avoiding pollution and whatever else may be the catchwords of the contemporary crop of reformers. In fact they are—or would be if they or anyone else took them seriously— preaching pure and unadulterated socialism. Businessmen who talk this way are unwitting puppets of the intellectual forces that have been undermining the basis of a free society these past decades. […]” (pp. 50-51)

Last Updated ( Wednesday, 17 September 2008 14:48 )
 

An Introduction to Business Ethics

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DesJardins, Joseph R. (2008) An Introduction to Business Ethics. McGraw-Hill, 3rd edition.

“Why Study Business Ethics? Why should anyone study business ethics? As recently as the mid-1990s, articles in such major publications as the Wall Street Journal, the Harvard Business Review, and U.S. News and World Report questioned the legitimacy and value of teaching classes in business ethics. Few disciplines faced the amount of skepticism that commonly confronted courses in business ethics. Many students believed that, like “jumbo shrimp,” business ethics was an oxymoron. Many also viewed ethics as a mixture of sentimentality and personal opinion that would interfere with the efficient functioning of business. After all, who’s to say what’s right or wrong?

Throughout the 1980s and 1990s, this skeptical attitude was as common among business practitioners as it was among students. But this simply is no longer the case in contemporary business. The questions today are less about why or should ethics be a part of business, than about which ethics should guide business decisions and how can ethics be integrated within business. Students unfamiliar with ethical issues will find themselves as unprepared for careers in business as students who are unfamiliar with accounting and finance. Indeed, it is fair to say that students will not be fully prepared even within fields such as accounting, finance, human resource management, marketing, and manage­ment unless they are familiar with the ethical issues that arise specifically within those fields. You simply will not be prepared for a career in accounting, finance, or any area of business if you are unfamiliar with the ethical issues of these fields.

Why has this change come about? To answer this question, consider who was harmed by the collapse of Enron. Stockholders lost over a billion dollars in stock value. Thousands of employees lost their jobs, their retirement funds, and their health care benefits. Consumers in California suffered from energy shortages and blackouts that were caused by Enron’s manipulation of the market. Hundreds of businesses that worked with Enron as suppliers suffered economic loss with the loss of a large client. Enron’s accounting firm, Arthur Andersen, went out of business as a direct result. The wider Houston community was also hurt by the loss of a major employer and community benefactor. Families of employees, investors, and suppliers were also hurt. Many of the individuals directly involved will themselves suffer criminal and civil punishment, including jail sentences for some. Indeed, it is hard to imagine anyone who was even loosely affiliated with Enron who did not suffer harm as a result of the ethical failings at Enron. Multiply this harm by the dozens of other companies implicated in similar scandals and one gets an idea of why ethics is no longer dismissed as irrelevant. The consequences of unethical behavior and unethical business institutions are too serious to be ignored.

Today, business managers have many reasons to be concerned with the ethical standards of their organizations. Perhaps the most straightforward rea­son is that the law requires it. In 2002, the U.S. Congress passed the Sarbanes­Oxley Act to address the wave of corporate and accounting scandals. […]” (From the first chapter of the book, p. 3)

Last Updated ( Friday, 12 September 2008 21:12 )
 
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"Will not knowledge of [the good], then, have a great influence on life? Shall we not, like archers who have a mark to aim at, be more likely to hit upon what is right?"
-Aristotle, Nicomachean Ethics

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