Financial fraud investigative interviewing – corporate investigators’ beliefs and practices: a qualitative inquiry

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Michael King
Keyword(s):  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Qualitative Inquiry ◽  
Financial Fraud ◽  
Investigative Interviewing ◽  
Content Type ◽  
Beliefs And Practices ◽  
Academic Literature ◽  
Depth Interviews

Purpose The purpose of this paper is to examine the investigative interviewing processes in the context of financial frauds, as experienced by corporate investigators. Design/methodology/approach A diverse sample of 33 corporate investigators individually participated in in-depth interviews. Findings This study examined perceptions of investigative interviewing of those undertaking fraud investigations. The corporate investigator’s response indicated understanding of the necessary skills required to conduct interviews. The findings suggest that the investigator agreed on the interviewing skills that are required to conduct interviews; however, upon reflection, they may not use the skills during interviews. Originality/value This study is the first to reveal limitations in corporate investigators’ investigative interviewing and fills a gap in the academic literature by examining corporate investigators’ beliefs and practices in conducting their private investigations of corporate and white-collar crime.

What makes a successful corporate investigator

2020 ◽  
Vol 27 (3) ◽  
pp. 701-714 ◽  
Author(s):  
Michael King
Keyword(s):  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Structured Interviews ◽  
Content Type ◽  
Academic Literature ◽  
Police Detective ◽  
Skills Education

Purpose The purpose of this study is to identify the attributes – skills, education and qualifications – required to be a contemporary corporate investigator. Design/methodology/approach To address heretofore unexplored areas in the literature, this study used data collected from semi-structured interviews with 33 corporate investigators in Australia. Findings This paper highlights the complexities that surround corporate investigations and identifies nine attributes critical for investigative success. The findings identify some commonalities with police–detective skills and suggest that the corporate investigator needs the skills of an accountant and a lawyer to complement these investigative skills. Originality/value Studies of private investigators are rare as such; therefore, this paper fills a gap in academic literature by examining the skills necessary to conduct private investigations of corporate and white-collar crime.

Financial crime – is there any way out of the theoretical deadlock?

2017 ◽  
Vol 24 (4) ◽  
pp. 529-540
Author(s):  
Paul Eisenberg
Keyword(s):  
Design Methodology ◽  
State Of The Art ◽  
White Collar Crime ◽  
White Collar ◽  
The State ◽  
Financial Crime ◽  
Content Type ◽  
The Past ◽  
Financial Scandals ◽  
Research Questions

Purpose This paper aims to approach fundamental topics of financial crime and the law. What does constitute financial crime? Which field of law is best suited to address the threats of transgression by financial executives? What does motivate highly rewarded financiers to become white collar criminals? Design/methodology/approach To answer these research questions, contemporary theories of criminology in general and of white collar crime in particular, as well as theories on motivation, are critically discussed. Benefits and limitations of the theories in use are exemplified on the background of the London Interbank Offered Rate (LIBOR) scandal. Findings The paper criticises that the state-of-the-art theories are not able to embrace financial criminality in its entirety. A provoking pace for further research might be that of psychopathic disorders among white collar criminals. Thus, white collar crime maintains its challenging character. Originality/value This paper provides a thorough testing of multidisciplinary theories that emerged over the past decades against the recent LIBOR scandal. The research questions addressed and the methodologies applied provide a framework for the assessment of the prevailing theories against other financial scandals.

What does work mean to your workers?

2017 ◽  
Vol 25 (5) ◽  
pp. 15-17
Keyword(s):  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Blue Collar ◽  
Content Type ◽  
Blue Collar Workers ◽  
White Collar Workers ◽  
Pertinent Information ◽  
Hr Managers ◽  
Practical Implications

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings Talk of blue-collar and white-collar workers will seem faintly outdated for many HR managers. For some, blue-collar workers will conjure up images from the 1970s and 1980s of striking mineworkers, some of the terrible conditions in steel works or in car factories in the pre-robot era. And as for white-collar workers, again this term seems a little anachronistic, albeit it has recently been adopted when referring to computerized “white-collar” crime. And as for pink-collar workers, this surely was left for dead in the 1970s along with bell-bottom flares and male perms. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Stealing from the boss: who is looking?

2016 ◽  
Vol 23 (3) ◽  
pp. 613-623
Author(s):  
Peter John Lenz ◽  
Adam Graycar
Keyword(s):  
Design Methodology ◽  
White Collar Crime ◽  
Listed Company ◽  
White Collar ◽  
Lessons Learned ◽  
Corporate Fraud ◽  
Content Type ◽  
Secondary Sources ◽  
Occupational Fraud ◽  
And Control

Purpose The purpose of this paper is to discover organisational governance lessons that emerge from the unique facts and characteristics of one significant corporate fraud in Australia. Design/methodology/approach Data were triangulated between a primary loss adjustment file with multiple commercial and legal secondary sources. The data were analysed and conclusions were inductively drawn as part of a master’s degree research project. Findings White-collar crime takes many forms but it is rare for a medium-sized ASX listed company to be defrauded of Aus$22 m without anybody noticing. Narrative findings reveal the dynamics of the fraud and the weaknesses in corporate governance. This paper outlines the processes of detection and control. It provides several lessons for organisational governance that could prevent similar occupational frauds in the future. Research limitation/implications This unique fraud case has facts which are not necessarily typical of fraud in general. Anonymity in the case seeks to preserve the identities of the parties, but may in fact limit the potential for transparent discussion. Social implications While detecting and investigating occupational fraud has benefits for practitioners and commentators, there are extensive direct and indirect social costs associated with this case. Originality/value The value of this case lies in revealing details of how a significant fraud was perpetrated so that fraud investigators, accountancy professionals, academics and students can benefit from lessons learned.

Fraud detection suicide: the dark side of white-collar crime

2016 ◽  
Vol 23 (4) ◽  
pp. 786-797 ◽  
Author(s):  
Richard G. Brody ◽  
Frank S. Perri
Keyword(s):  
Law Enforcement ◽  
News Media ◽  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Dark Side ◽  
Sources Of Information ◽  
New Approach ◽  
Content Type ◽  
Financial Gain

Purpose The purpose of this paper is to explore the issue of suicide, a violent act against one’s self, as it relates to white- and red-collar crimes. White-collar crime can be described as nonviolent crime committed for financial gain. Red-collar crime describes a situation where a white-collar criminal commits an act of violence, often murder, to silence someone who is in a position to report a fraud they have perpetrated. Previous research has not addressed the issue of suicide, as it relates to white- and red-collar crime. Design/methodology/approach The analysis is conceptual, focusing on the historical underpinnings of white- and red-collar crime and reviewing the evolution of white-collar criminals. Sources of information consisted of published news media, scholarly articles and articles retrieved from the web. Findings A suicide may be linked, directly or indirectly, to a financial crime. Law enforcement must be careful not to jump to conclusions, as there is a possibility that a staged suicide has occurred. Originality/value Law enforcement individuals may want to consider an additional motive when investigating a suicide, especially when the victim has some type of connection to a known fraud. This type of connection may not be readily apparent and may require a new approach on the part of a law enforcement investigation.

SEC charges broker-dealer and AML officer for failing to file SARs related to pump-and-dump scheme

2017 ◽  
Vol 18 (3) ◽  
pp. 41-43
Author(s):  
Bradley J. Bondi ◽  
Charles A. Gilman ◽  
Kimberly C. Petillo-Décossard ◽  
John J. Schuster ◽  
Sara Ortiz
Keyword(s):  
Financial Services ◽  
Design Methodology ◽  
Service Providers ◽  
White Collar Crime ◽  
White Collar ◽  
Securities And Exchange Commission ◽  
Clear Understanding ◽  
Content Type ◽  
Reporting Requirements ◽  
Administrative Proceeding

Purpose To explain a recent US Securities and Exchange Commission (SEC) administrative proceeding targeting a broker-dealer as part of the Commission’s continuing efforts to enforce anti-money laundering (AML) regulations and reporting. Design/methodology/approach This article explores the factual and legal contours of a specific SEC administrative proceeding to better understand the affirmative steps the Commission expects of financial service providers as it relates to AML activities and reporting. Findings Given the SEC’s current enforcement focus, it is critical that financial institutions conduct their activities with a clear understanding of the AML regulations, investigatory expectations and related reporting requirements associated with the provision of brokerage and advisory services to US clients and customers. Originality/value This article highlights the SEC’s continuing interest in broker-dealer AML policies and compliance and provides analysis from experienced lawyers with expertise in financial services, securities and white collar crime.

scholarly journals Understanding paternalistic leadership: how to work with Chinese leaders

2019 ◽  
Vol 33 (6) ◽  
pp. 19-21
Author(s):  
Martin Sposato
Keyword(s):  
Lived Experience ◽  
Design Methodology ◽  
Review Of The Literature ◽  
Practical Application ◽  
Primary Research ◽  
Paternalistic Leadership ◽  
Content Type ◽  
Academic Literature ◽  
Depth Interviews ◽  
Systematic Data Collection

Purpose The purpose of this viewpoint is to introduce Westerners to Chinese leadership, leader behaviors, and expectations. The main features of Chinese paternalistic leadership (PL) are explored before outlining practical advice on what to expect when working with Chinese paternalistic leaders and their organizations. Design/methodology/approach This viewpoint is developed from both a review of the literature on paternalistic leadership and 45 in-depth interviews with Chinese leaders and their subordinates. This systematic data collection is coupled with lived experience, as the author lived, worked, and studied in China for three years. Findings The paper makes salient the three main behaviors of Chinese PL, as identified in the literature: benevolence, authoritarianism, and morality. This paper reports on how those unfamiliar with Chinese PL can negotiate and potentially thrive under this type of leadership. Originality/value The main contribution of this paper is the advice offered for those unfamiliar with PL; this advice is based on the academic literature and primary research. The advice, such as saving face and the importance of loyalty, makes the academic literature more accessible and lends practical application by highlighting how the research on PL is relevant to subordinates and colleagues.

Kokesh v. SEC: the end of a disgorgement era?

2017 ◽  
Vol 18 (4) ◽  
pp. 13-15 ◽  
Author(s):  
Marc Litt ◽  
Jerome P. Tomas ◽  
Elizabeth L. Yingling ◽  
Richard A. Kirby
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Securities Litigation ◽  
Content Type ◽  
The Supreme Court ◽  
Securities Laws

Purpose To explain the Supreme Court’s ruling in its recent Kokesh v. SEC decision and its impact on the SEC’s ability to recover disgorgement of ill-gotten gains beyond the five-year statute of limitations. Design/methodology/approach This article discusses the Supreme Court’s recent decision and the immediate effects it will have on the SEC’s approach to a variety of cases in which a significant portion of the recovery may now be outside the statute of limitations. Findings The article concludes that the recent Supreme Court decision will have an immediate effect of preventing the SEC from reaching back beyond five years for disgorgement; however, the SEC may be able to comply with Kokesh and modify its procedures so that its financial recoveries from those that violate securities laws may be categorized as an equitable remedy (like restitution) rather than as a penalty (like forfeiture) which is subject to a five-year statute of limitations. Originality/value The article provides practical guidance from experienced securities litigation and white collar crime lawyers. It explains and analyzes the Supreme Court decision that severely limits the ability of the SEC to seek disgorgement by limiting the SEC’s use of disgorgement to a five-year statute of limitations.

Contemporary restructuring trends in European multinational corporations: rationale and impact on labour and workers’ participation

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Christoph Dörrenbächer ◽  
Mike Geppert ◽  
Aline Hoffmann
Keyword(s):  
Multinational Corporations ◽  
Design Methodology ◽  
Data Driven ◽  
Systematic Evaluation ◽  
New Wave ◽  
Content Type ◽  
Academic Literature ◽  
Management Consultants ◽  
Cross Border ◽  
Depth Interviews

Purpose This paper addresses the so far hardly understood contemporary restructuring trends in European Multinational corporations (MNCs), their rationales and their labour-related implications. Design/methodology/approach The paper is based on a systematic evaluation of academic and non-academic literature, as well as on more than 30 in-depth interviews with academic experts, management consultants, trade union consultants and workers’ representatives. Findings European MNCs continue to grow bigger, mostly through debt financed mergers and acquisitions. This triggers intensive cross-border standardization and reorganization activities that most prominently materialize as a sustained move towards global factories; a new wave of cross-border standardization in Human Resource Management, information technology and Big Data-driven, as well as compliance-induced reorganization measures. Originality/value This paper is the first to empirically map contemporary restructuring trends in European MNCs in a comprehensive way. Moreover, it addresses the managerial rationale underlying these restructuring trends. Based on these insights the paper assesses labour related implications that are both positive and negative.

An assessment of adults’ views on white-collar crime

2017 ◽  
Vol 24 (2) ◽  
pp. 309-321 ◽  
Author(s):  
Thomas E. Dearden
Keyword(s):  
North Carolina ◽  
Design Methodology ◽  
White Collar Crime ◽  
White Collar ◽  
Political Affiliation ◽  
Content Type ◽  
The Public ◽  
Phone Survey ◽  
Self Interest ◽  
Group Characteristics

Purpose This paper aims to update our understanding of the public’s opinion of white-collar crime and explains perceptions of white-collar crime using self-interest, political affiliation and in-group/out-group characteristics. Design/methodology/approach A state-wide phone survey of adults in North Carolina was conducted, and 421 adults responded. They provided their views of white-collar crime, the need for government intervention and whether they were more concerned about white-collar crime in the public or private sector. Findings In the survey, 74 per cent of the responders agreed or strongly agreed that white-collar crime is one of the leading problems in this decade, and 74 per cent of the responders suggested that it is not being adequately addressed by our legislators. Evidence suggests that individuals who are conservative, have high confidence in their economic circumstances or are demographically similar to stereotypical white-collar criminals perceive white-collar crime to be less of a problem than individuals without these characteristics. Originality/value This study shows that perceptions of the dangers of white-collar crime have increased since its inception. Additionally, this study extends our understanding about why certain demographics are more likely to care (and why high-ranking politicians are less likely to care) about white-collar crime.

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