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An empirical examination of some 700 corporate fraud lawsuits shows a significant overlap in the application of the variety of suits available, as well as pronounced differences in the effectiveness of the various kinds.
, by Michael P. Young, is reviewed.
This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
Fraud is a problem, never more so during times of economic hardship where temptation and need are great. It won't be surprising then that according to the recent annual FraudTrack report from BDO Stoy Hayward, total reported fraud in the UK stood at L1.l9 billion for 2008 up 14% on 2007's figure of L1.04 billion. In this connection, top 12 tips to reduce fraud risk today is presented. These are: 1. Be wary of false accounting. 2. Review your bonus structure. 3. Consider remote locations. 4. Conduct zero based budgeting. 5. Pay attention to areas where there is no physical product. 6. Assess IT vulnerability. 7. Don't neglect over-performance. 8. Review changes to the supplier master file. 9. Monitor the car park. 10. Perform background checks on recruitment. 11. Pay attention to morale....
Corporate Law Securities fraud
WASHINGTON, Feb. 2 /U.S. Newswire/ -- The following is a transcript of a press conference with Assistant Attorney General For the Criminal Division Alice S. Fisher on corporate fraud indictments released today (part 1 of 2): ASSISTANT ATTORNEY GENERAL FISHER: Good morning. I'm pleased to be joined today by Ken Melson, the First Assistant U.S. Attorney in the Eastern District of Virginia; Linda Thomsen, the Director of Enforcement for the Securities and Exchange Commission, Mark Schonfeld, Regional Administrator for the Northeast Regional Office of the SEC, and Zane Hill, Assistant Chief Inspector for the United States Postal Inspection Service.
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