Key Elements For Commit Fraud

1673 WordsFeb 6, 20177 Pages
Elements There are five elements needed to commit fraud: (1) a false statement containing material fact, (2) the defendant possesses the knowledge that the statement is untrue, (3) the false statement’s intent is to deceive the intended victim, (4) the intended victim justifiably relies on the statement, and (5) the ending result is financial injuries to the intended victim. All false statements do not constitute for fraud; it needs to contain a material fact. The materiality of the statement induces the intended victim to agree to something with the defendant. Statements of belief (puffing) are not considered fraudulent since there are no legitimate statement of fact. For example, Joe goes to buy a car and the dealer says the Prius…show more content…
Corporate governances work as a principal catalyst for stakeholders to raise corporate awareness and expectations regarding appropriate behavior and practices. Stakeholders use their fraud knowledge to contribute to the company’s Code of Conduct and Code of Ethics for management and employees as well as participate in risk mitigation efforts. Stakeholders can also participate in boards that create programs that focus on the prevention, detection, and deterrence of criminal and fraudulent acts. The goal of the programs is to ensure that everyone is making the right decisions in the workplace (Managing the Business Risk of Fraud: A Practical Guide n.d.) Theories of Crime Causations There are three theories of crime causations: (1) the strain theory, (2) the control theory, and (3) the social learning theory. However, there are also biological causation of crimes which are further broken down into psychological, economic, and political theories. Understanding the sociological causes of why fraud is committed helps fraud investigators identify perpetrators and the crime. Sociological theories enable fraud investigators to learn how a white-collar criminal’s social environment impacts his or her desire to commit a crime. Each theory focuses on the common social environments like family, workplace, and community, but they are also very different. They each
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