What constitutes Bankruptcy Fraud, how to identify it, and how Bankruptcy Fraud is prosecuted The purpose of establishing the bankruptcy system was to grant financial relief to debtors and also compensation for creditors - a fair and equitable share of remaining assets. As with everything in life, there always were (and will be) the cases where the system was (and will be) manipulated. Naturally, the first question that comes on ones’ mind is - How can this be prevented? A prevention of any criminal acts is a hotly debated topic, however, this is highly speculative area and as such it is not focus of this analysis. Rather, the intention is analysis to show what is a Bankruptcy Fraud, how to identify it, and how the Bankruptcy Fraud is prosecuted. The focus will be on US Bankruptcy Fraud cases and the legal system that deals with them as the most developed legal framework and practical system for dealing with the Bankruptcy Fraud. Because of that many other countries are adopting some of the techniques and practices from US legal system - basically, whether one likes it or not, it provides broad spectrum of cases relevant in contemporary constantly ever more globalized economy. All this, however, does not mean that legislative framework in US criminal and civil law is sufficient enough to deal with ever increasing volume and sophistication of modern day fraud schemes and that all practices can or should be adopted in other countries. Brief History The foundation of
When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.
8.2. If Suzan decides to declare bankruptcy, what can she keep? If Suzan and Mr. B had been living in Odessa,
The First Security Bank (FSB) of Malta, Montana fall victim to a crime of credit card fraud, money laundering, and embezzlement. The crime stared a small city in Montano with a couple thousand, who was startled from the crime. The vice president of operation of the bank was a pillar of the community and the suspect of the bank’s crime. The scheme was committed over a long period of time. This crime weakens the foundation of the bank and possible may run it out of business. The committee was in a frenzy with the bank and the suspect about spending the community’s money. The shareholders gave the president “30 days to clean up the bank or pawn the bank off to another financial institution.” (Volz p.1) However, the bank pulls through the crisis and gains more customer as the business begins the recover period.
Embezzlement seems to be a white collar crime that is victimless. However, when monies are embezzled from a non profit it affects all those involved especially those benefitting from the work of the nonprofit organization. I thought of our local community nonprofit arts foundation. They not only produce a full slate of shows each season, but also provide classes in painting, sculpting, drawing, acting, music, and dance. If they were defrauded in the amount of $93,000 it would affect educational programs and community outreach.
card fraud. In reference to money Laundering we will the complex process of how criminals
It is important to first gain an understanding of the various types of fraud, in order to aid understanding in regards to the prevention of fraudulent activity. This paper begins with a review of the definition of financial fraud, and identification of the different fraud types. Further, included is an examination of what motivates individuals to commit fraud, including an identification of some of the method in which people commit fraud. A discussion of the importance of the fraud triangle, and how rationalization contributes to fraud is a key area of focus. Finally, there is an examination of some controls that prevent and detect fraudulent behavior, including the value and importance of understanding the nature of fraud for
AICPA Code of Professional Conduct principles prevents vises such as fraud that are experienced in accountancy field. Audit is the best measure of the effect of the fraud that are imposed to investors by accountants. The relationship of the investors and account holders are supposed to be affirmed through auditing to ensure accounting principles are upheld(Weirich, Pearson, & Churyk, 2010). Improper loss of the funds through propagation of the accountant officer should be treated as fraud and criminal activity that should lead to prosecution. Therefore, the paper seeks to relate two fraud cases that have been audited and presenting AICPA Code of
“Bankruptcy doesn’t discriminate: in 2001, almost one in five Americans from ages 18 to 24 declared bankruptcy…”(Walsh).
Many organizations have been in the news over the past few years due to accounting ethical breaches that have affected their customers, employees, and the general public. I searched the Internet to locate a story in the news that depicts an accounting ethical breach. I selected Krispy Kreme. I enjoy their hot donuts and was curious to learn more about how they played with the numbers. For some reason I always want to dig into the trickery behind the manipulation of financial statements.
Furthermore, the principle of separate legal entity provides an ideal vehicle of fraud . “$2 Company” is an example. The company was formed as limited company that undercapitalised. Shareholders and directors are not liable for the large debts that the company incurred when the company couldn’t repay
The video “Cooking the Books” discussed the ZZZZ Best case of fraud, it tells how and why fraud was perpetrated by Barry Minkow and why it was undetected for so long. According to the video, ZZZZ Best was founded by Barry Minkow in 1982; when he was sixteen years old, it started as a carpet cleaning company. But, due to high competition in the industry, low entry barriers, and bad internal control, this young entrepreneur started to have cash flow problems, thus creating a shortage of working capital. As a result of the financial pressure, he started to commit fraud by creating false accounts receivable and sales, false documents (using photocopies of real
This paper introduces Bernard L. Madoff a fraudster who orchestrated a multi-billion dollar Ponzi scheme. The paper discusses elements that make up a Ponzi scheme and explains what a Ponzi scheme is. The paper goes on to introduce some of the victim’s and examines some reasons why someone might fall victim to a Ponzi scheme. The paper describes the three elements making up the fraud triangle and how they relate to the fraud and the fraudster. This paper covers Bernard Madoff’s background and history and how he committed the fraud analyzing the fraud triangle. The paper describes ways to correct the issue, accounting principles violated, and recommendations for a fix. Finally, the paper looks at internal and external controls violated and ends with a conclusion.
In this essay I am going to discuss the effects of shadow banking on the recent financial crisis of 2007-8. Shadow banking was one of the major causes of the financial crisis since it was the subprime mortgages which was the first trigger of the collapse in the banking system. Through this essay I am to achieve a detailed analysis of why the shadow banking was one of the causes in the financial crisis and why was it not prevented by any regulation enforced. The basis of shadow banking system is that it occurs when financial intermediaries conduct transformation of maturity, credit and liquidity without having access to the central bank liquidity guarantees or even public sector credit. Maturity transformation: obtaining short-term funds to
Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to
Financial statement fraud is any intentional or grossly negligent violation of generally accounting principles (GAAP) that is undisclosed and materially effects any financial statement. Fraud can take many forms, including hiding both bad and god news. Research shows that financial statement fraud us relatively more likely to occur in companies with assets of less than $100 million, with earnings problems, and with loose governance structures (Hopwood, Leiner, & Young, 2011).