Fraud and Abuse Case
Healthcare fraud and abuse continues to threaten the country, costing the facility billions of dollars per year. Brodeur, (2007) stated that fraud is something difficult to understand because it is a contagious issue. Healthcare fraud and abuse according to Brosman & oper (2007) is the most profitable thing one can take part in if he/she is a crook, it avoid all channels and legal procedures, in nutshell, have no hurdles.
Commonly types of healthcare fraud and abuse cases are revealed where one bill for services not offered, up coding which refers to hiking bills with intention to get higher reimbursement increment. Unbundling which entails submission of separate bills for single component of an activity for example billing independently for categories of laboratory tests done together with the aim of getting high reimbursement. These fraud activities are against compliance laws and regulations and it is unethical and immoral behavior.
ecently…...
mlaReferences
Brosman, J., & Roper, J.M. (2007). The reality of political ethical conflicts: Nurse Manager Dilemmas. Journal of Nursing Administration, 27(9), 42-46.
Brodeur, D. (2008). Health care institutional ethics: Broader than clinical ethics. In J. Monagle & D.C. Thomasma (Eds.), Health care ethics: Critical issues for the 21st century (pp. 497-504). Gaithersburg, MD: Aspen. (Brodeur, 2008)
Bucaro, F. (May 24, 2008). Ethics gap provides dilemma for businesses. The Akron Beacon Journal, G11. (Bucaro, 2008)
Canavan, K. (2006, October). Nursing addresses troubling trends in managed care. The American Nurse. Washington, DC: American Nurses Association.
Fraud Techniques
In the modern society, many organizations across various industries are increasingly vulnerable to electronic fraud. The threat of electronic fraud across these industries is particularly worsened with the emergence of computer fraud. Actually, computer fraud and crime has continued to be a major concern in the recent past since computer processing can evade the conventional security and control measures. However, computer fraud doesn't necessarily involve the use of micro-computers as it just makes electronic fraud and computer crime easier. The threat of electronic fraud is also a major concern across various industries because modern technology offers fraudsters with powerful new cracking tools for electronic safe. Notably, these crimes can be severe since electronic fraud can take place for extended periods before discovery, which in turn results in considerable losses and damages.
Forms of Fraud Techniques:
Since fraud is undoubtedly not a new concept and did not emerge with the beginning of…...
mlaReferences:
Cameron, S. (2011, August). Digital Evidence. Retrieved from The Federal Bureau of Investigation website: http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/august-2011/digital-evidence
Easttom, C. & Taylor, D.J. (2011). Computer Crime, Investigation, and the Law. Boston, MA:
Cengage Learning.
Lewis, J.A. (2002, December). Assessing the Risks of Cyber Terrorism, Cyber War and Other
Fraud
Ethics
Fraud in the United States: An overview
Fraud has always existed in the United States, but a number of systemic changes in the way that business is handled have caused fraud to become more common than ever before, in both private industry and government. For example, according to the ACFE (Association of Certified Fraud Examiners) magazine Fraud, "the rise in contract management and the outsourcing of goods and services has created an increase in procurement fraud" (Piper 2012). Theoretically, when making awards the main considerations should be the quality of the work of the firm to which the labor is outsourced and the price. However, at one company, during the bidding process, "all the reputable contractors" had been given low ratings, except one new company, to which the new contract was awarded "at double the price... [said the investigator] 'I later learned the bid evaluators were friends with the contractor. The…...
mlaReferences
Hubbs, Frank. (2012). Fraud brainstorming. Fraud. Retrieved:
http://www.fraud-magazine.com/article.aspx?id=4294973852
Humphrey, Peter. (2012). Avoiding trouble in China. Fraud. Retrieved:
Fraud is an important consideration in the area of legal contracts because of the fact that if fraud is present in the formation of a contract, the contract can, and mostly will, be invalidated. To establish contract fraud, it must be established that the party committing the fraud knowingly misrepresented a material fact with the intent to defraud and that the opposing party justifiably relied upon such misrepresentation (Blair, 2009). In order for the fraud to affect the contract the effected party must have suffered injury. Without injury the contract will not be affected.
In the legal sense, a misrepresentation of a material fact usually means that a party lied about a term of the contract that was essential in the decision making process that resulted in the contract being formed. It is important to distinguish between what constitutes a lie in the formation of a contract and what constitutes what…...
mlaReferences
Blair, A. (2009). A Matter of Trust: Should No-Reliance Clauses Bar Claims for Fraudulent Inducement of Contract. Marquette Law Review, 423-475.
Harris, D. (2005). Remedies in Contract and Tort. New York: Cambridge University Press.
Shell, G.R. (1991). When is it Legal to Lie in Negotiations. Sloan Management Review, 93-101.
Contract Fraud
Fraud
Identify potential financial statement fraud schemes at Apollo
In many instances the quantitative figures of companies can be misleading. The nature of generally accepted accounting principles (here forth referred to as GAAP), are such that they provide flexibility in determining appropriate financial figures. On occasion, management or executives may misrepresent these figures to make the company seem more or even less attractive during certain periods. For example, a company may take more losses in the current period, in order to seem more profitable in subsequent periods that follow. Likewise, companies may also seem to be more profitable than they are in an effort to hide substantial losses that have occurred in the business operations. Complicating the financial issue further is the fact many transactions don't appear within the financial statements at all. These transactions, called "Off-balance sheet transactions" can have a profound impact on the value placed on various companies including…...
mlaReferences
1) Introduction to Economic Analysis. Web. 05 Dec. 2011. .
2) "Debt Fight Endangers U.S. Creditworthiness Outside the Box - MarketWatch." MarketWatch - Stock Market Quotes, Business News, Financial News. Web. 20 May 2011. .
125). The use of case study examples is a brilliant tool for making the reader believe that white-collar crime is indeed something that needs to be addressed on a macro rather than a micro level, because the people injured by fraudulent accounting and auditing to name a few white-collar crimes, are not just the people that work for a company or the criminals. The people harmed include members of the community that have used their tax dollars to support these leaders and organizations that claim to work for the benefit of society at large. osoff, Pontell & Tillman (2004) suggest that white-collar crimes should be viewed as no less hazardous than blue collar crime, a fact supported by many reviewers of the work including Bergevin, who suggests that white-collar crime as defined by osoff, Pontell & Tillman should be considered as "vilified" or costly and damaging as blue-collar crimes (p.…...
mlaReferences
Bergevin, Dan. Profit without honor: White-collar crime and the looting of America, 3rd
Ed. Security Management, 48.5:2004, May, p.125
Rosoff, Stephen M., Pontell, Harry N., & Tillman, Robert. Profit without honor: White-
Collar crime and the looting of America. Upper Saddle River NJ: Pearson Prentice Hall, c2004, 3rd. Ed.
Fraud Awareness
Scholarship Request
As a student entering my senior year of accounting studies, I have found that my interests and natural tendencies lie in the field of fraud awareness and prevention. It is my goal to work in fraud prevention once I graduate. With Enron, WorldCom, Adelphia and Tyco all names in common use on the daily news, I feel that being aware of and specializing in fraud prevention is extremely important. And it is unfortunate that fraud is not only involved with these big name companies. Some of the nation's largest accounting firms have come under investigation by the Securities and Exchange Commission for their roles in Enron and other accounting scandals. Companies like Arthur Andersen and Price Waterhouse Cooper have come under indictment for conspiring with companies to defraud investors. And the resulting billion dollar bankruptcies have a significant impact on the nation's economy.
I feel that a concentration on…...
During this process you would want to collect any kind of financial information that will be relevant for the completing the audit. Once this takes place, you would want to establish a follow up interview with key personnel in the company. The idea is compare and analyze what you are being told by executives with actual documentation. Where, you would look for inconsistencies when comparing what the person is saying with: various financial numbers and then using common sense. At which point, you would ask them a series of questions and pay attention to changes in their body language and the way they are talking (to determine any kind of inconsistencies through non-verbal cues). (Siegle, 2008) (easley, 2008)
Discuss how the Audit Evidence will be evaluated and Conclusion Drawn
The audit evidence will be analyzed based upon comparing the actual numbers, with the various responses from executives at the company. In…...
mlaBibliography
Beasley, M. (2008). GAAS Guide 2009. Chicago, IL: CCH.
Siegle, J. (2008). The Vest Pocket CPA. Hoboken, NJ: Wiley.
Madoff had not been investing the money he was trusted with but he was using it to pay returns to other investors. Millions of people and thousands of hedge funds around the globe were affected when Madoff's Ponzi scheme was disclosed. It is hard to fathom that such a massive scam could run for decades with so much success and the only person responsible was Madoff himself. Some other people must have had some inkling of what was going on especially the auditors. Christopher Miller, chief executive of London hedge fund ratings agency Allenbridge Hedgeinfo, agrees that Madoff was not alone in running this Ponzi scheme: "Some very big investor names are involved in this. The scheme could only work if enough investors were subscribing for him to pay money out. Some of the world's biggest hedge funds have been hit by this. There will be a monumental impact…...
mlaReference
John Carrey. "Bernie Madoff: Bigger than Enron." Business Insider. Accessed online 23rd July 2009 http://www.businessinsider.com/2008/12/bernie-madoff-bigger-than-enron
Billing schemes are cited as the most common and costly occupational frauds and defined as the issuance of payment to a non-existent vendor or to a company that is controlled by an employee. Preventing billing schemes requires that the employer be familiar with vendors they conduct business with, ensuring that employees cannot write checks to vendors who they set up with the company, and vendors addresses need to be checked against employee addresses. The provision of one of the scheme methods provides insight into the type of fraudulent activity possible within a company, yet does not further explicate other schemes and their roles in asset misappropriations.
Though fraud cannot be completely eliminated, Wells provides a listing citing preventive measures that can be put into action. Initial steps include setting up a checklist that will allow a company to implement an effective anti-fraud program. This list includes education employees about the…...
mlaReference:
Nilsen, K. (2010). Keeping Fraud in the Cross Hairs. Journal of Accountancy, 209 (6), 20-25.
Juvenile Delinquency and Fraud in Australia1: The Media's Portrayal of Young People and Juvenile CrimeIntroduction and FocusThe media plays a pivotal role in shaping societal perceptions of crime, including those involving juveniles. The portrayal of young people in the context of crime can impact societal attitudes, legislative decisions, and even the self-identity of young individuals. This essay critically evaluates the depiction of young people and juvenile crime in the Australian media, questioning its accuracy and potential implications.Application of TheorySymbolic interactionism theory is a sociological perspective that focuses on the interpretation of social behaviour through symbols and meanings. It can be applied to understand how the media influences perceptions of juvenile crime and in doing so suggests that media narratives can create collective symbols associated with youth crime, shaping public opinion (Becker, 2010). In Australia, the media often frames young people involved in crime as 'deviant', 'violent' or 'out of control',…...
mlaReferences
Australian Institute of Criminology (2011). Understanding and preventing fraud. Retrieved from https://www.aic.gov.au
Australian Competition and Consumer Commission (2020). Targeting scams: Report of the ACCC on scams activity 2019. Retrieved from https://www.accc.gov.au
Becker, H. (2010). Outsiders. Criminology Theory: Selected Classic Readings, 187.
Worldcom
Explain how the fraud triangle applies to the CEO and the Controller
The fraud triangle consists of perceived pressure, perceived opportunity and rationalization. With Bernie Ebbers, the opportunity was clear. As CEO, he had the ability to order others in the organization to conduct acts that would result in the fraud, specifically the fake elements of the financial statements. The pressure that Ebbers felt was that most of his wealth was in WorldCom stock. At the time the fraud began, the economy was entering recession and companies were beginning to reduce their telecom spending in particular. This was creating strong downward pressure on WorldCom stock, and consequently on Ebbers' wealth, and it was this pressure that was believed to be at the root of the fraud (Crawford, 2005).
Rationalization is a bit trickier. Ebbers claimed that he didn't know about the fraud (Crawford, 2005), which was untrue, so in such a statement…...
mlaReferences
Crawford, K. (2005) Ex-WorldCom CEO Ebbers guilty. CNN Money. Retrieved June 2, 2018 from Fleming, A., Hermanson, D., Kranacher, M. & Riley, R. (2016) Financing reporting fraud: Public and private companies. Journal of Forensic Accounting Research. Vol. 1 (1) 27-41Hamilton, W. (2005) Ebbers tells jury he knew little of accounting. LA Times. Retrieved June 2, 2018 from http://articles.latimes.com/2005/mar/01/business/fi-ebbers1Teather, D. (2002) Former WorldCom controller admits fraudulent entries. The Guardian. Retrieved June 2, 2018 from https://www.theguardian.com/business/2002/sep/27/corporatefraud.worldcomhttp://money.cnn.com/2005/03/15/news/newsmakers/ebbers/
Enron committed financial fraud prior to its collapse in 2001 by overstating its earnings and using mark-to-market accounting essentially to cook its books and dupe third-party auditing firm Arthur Andersen. Enron’s CFO Andy Fastow and its CEO Jeff Skilling used mark to market accounting to log future estimated profits as actual profits and a number of other financial fraud practices were used—such as creating shell vehicles to hide losses and create fantasy profits. The company used the same fraudulent practices as Charles Ponzi and other Ponzi-scheme artists, like Bernie Madoff, to create the illusion of generating enormous returns, all the while depending on new investors to keep up the illusion of cash flow. Skilling benefited for a time, getting recognized as a genius who transformed the energy company into a financial company. Fastow benefited because he was skimming off the top. Investors in the publicly-traded company benefited as the share price…...
mlaReferences
Segal, T. (2019). Enron scandal. Retrieved from https://www.investopedia.com/updates/enron-scandal-summary
When it comes to any crime or series of crimes, there are three main components that are typically present when it comes to the people involved. Those three parts would be the opportunity, the financial pressure involved and the rationalization.
Opportunity
In the case of the 2001 Dutch construction fraud episode, the opportunity would be created by the fact that the regulation and control of the Dutch construction market was not pressing or present enough to stop the fraud from starting of perpetuating. As will be explained later in this section, the opportunity for crime in the Dutch construction industry from 1992 to 2001 was substantial due to the lack of clarity the law and the even lesser enforcement quality that underpinned the same (Vulperhorst, 2005).
Financial Pressure
The financial pressure involved in that scandal would be to create and extend profits and money stores more so than is typically allowed for by the…...
mlaReferences
Chotibhongs, R, & Arditi, D 2012, \\\\'Detection of Collusive Behavior\\\\', Journal Of ConstructionEngineering & Management, 138, 11, pp. 1251-1258, Academic Search Premier,EBSCOhost, viewed 13 August 2017.Dorée, AG 2004, \\\\'Collusion in the Dutch construction industry: an industrial organizationperspective\\\\', Building Research & Information, 32, 2, pp. 146-156, Business SourcePremier, EBSCOhost, viewed 13 August 2017.Expatica (2003). Dutch building companies face fraud charges. [online] Expatica.com. Availableat: https://www.expatica.com/nl/news/Dutch-building-companies-face-fraud -
Lifestyle Red Flags of Fraud Perpetrators
Introduction
As the Association of Certified Fraud Examiners (2010) points out, the average fraud perpetrator has—like David L. Miller—no prior fraud convictions. The offender is typically in the 30 to 45 years age range and is more likely to be male than female. Both of these characteristic profile traits fit Miller to a “t”. Moreover, four out of five fraud perpetrators are likely to work in the accounting department of an organization, again just like David L. Miller. And as the perpetrator ages so too does the level of fraud increase in terms of losses (Association of Certified Fraud Examiners, 2010)—again just like with the case of David L. Miller. This paper will analyze the case of David L. Miller and show why he fits the profile of a fraud perpetrator well and why companies tend not to press charges against people like him.
Analysis
The most common…...
Global issues are those issues that have an impact on more than one area of the globe, whether that impact is direct or indirect. These issues can be things that impact all people, such as global warming, or issues that may not currently impact all people but have a potential global impact, such as the political unrest in the modern day United States. We have compiled a list of suggested topics for an essay on global issues. Each of them has at least two perspectives, though one of the perspectives may be stronger or more....
Criminal investigation is a broad field of study that covers any and all of the elements that go into solving a crime and building a legal case against the suspects. Considered one of the applied sciences, there are actually several career paths for the criminal investigator. Likewise, people from different disciplines may find themselves doing criminal investigative work. For example, as science has evolved, the role of geneticists and genetic genealogists in criminal investigation and forensic science has really explored.
When writing your paper, you have two distinct approaches you can take. You can write a....
Given the popularity of online dating and dating apps, writing an argumentative essay against online dating is a good choice. It is always more interesting to write a position paper that may be unusual, because it is unlikely to recycle the same arguments that your professor will see in other papers. There is actually a myriad of reasons that online dating may not be as successful (or as safe) as traditional in-person dating, and any of these reasons could serve as the basis for an argumentative essay. They include but are not limited to potential....
1. The prevalence of embezzlement in North Carolina: statistics and trends
2. Case studies of high profile embezzlement cases in North Carolina
3. The impact of embezzlement on businesses and individuals in North Carolina
4. The legal consequences of embezzlement in North Carolina
5. Strategies for preventing and detecting embezzlement in North Carolina businesses
6. The role of technology in preventing and detecting embezzlement in North Carolina
7. The ethical implications of embezzlement in North Carolina
8. Comparing embezzlement laws and enforcement in North Carolina to other states
9. The psychology of embezzlement: exploring the motives and mindset of embezzlers in North Carolina
10. The challenges of prosecuting and....
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