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A meta-theoretical analysis of commercial crime prevention strategies in the BRICS countries / Ruan Hieronymus KochKoch, Ruan Hieronymus January 2014 (has links)
Prior research on combating commercial crime has focused predominantly on the
responsibilities of auditors and ex post facto forensic investigations. This dissertation
aims rather to delve into the meta-theoretical philosophy of commercial crime
prevention and the role that forensic accountants can play in this regard, postulating
that proactive prevention of commercial crimes is a more effective approach.
The BRICS countries (Brazil, Russia, India, China and South Africa) were chosen for
deeper level analysis, based on their strong growth potential coupled with high levels
of commercial crime. While the majority of the research centred around commercial
crime prevention strategies for the BRICS countries, a secondary objective was to
expand the research field associated with forensic accounting, so as to encourage
research into incorporating more preventative strategies. Subsequently, from the
literature review and philosophical analysis performed, this dissertation establishes
that developing prevention strategies for commercial crime is a philosophical and
also a feasible possibility in the BRICS countries. / MCom (Forensic Accountancy), North-West University, Potchefstroom Campus, 2014
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A meta-theoretical analysis of commercial crime prevention strategies in the BRICS countries / Ruan Hieronymus KochKoch, Ruan Hieronymus January 2014 (has links)
Prior research on combating commercial crime has focused predominantly on the
responsibilities of auditors and ex post facto forensic investigations. This dissertation
aims rather to delve into the meta-theoretical philosophy of commercial crime
prevention and the role that forensic accountants can play in this regard, postulating
that proactive prevention of commercial crimes is a more effective approach.
The BRICS countries (Brazil, Russia, India, China and South Africa) were chosen for
deeper level analysis, based on their strong growth potential coupled with high levels
of commercial crime. While the majority of the research centred around commercial
crime prevention strategies for the BRICS countries, a secondary objective was to
expand the research field associated with forensic accounting, so as to encourage
research into incorporating more preventative strategies. Subsequently, from the
literature review and philosophical analysis performed, this dissertation establishes
that developing prevention strategies for commercial crime is a philosophical and
also a feasible possibility in the BRICS countries. / MCom (Forensic Accountancy), North-West University, Potchefstroom Campus, 2014
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The training of a forensic accountant in South Africa / J.D. van RomburghVan Romburgh, Johannes Daniel January 2008 (has links)
Although the financial and social implications of the recent major corporate scandals like Enron, Parmalat and Fidentia (Cameron, 2007) were extremely severe and the reputation of the external auditor scarred, one could state that never before was the role of the external auditor so much under the spotlight and the global focus on fraud and corruption so intense. So, for example was the passing of the Sarbanes Oxley Act and S AS 99 in the United States merely as a direct consequence of a post-Enron remedial action (Silverstone and Sheetz, 2004:11-14).
Not only globally, but also in South Africa, the focus shifted from mere expressions of opinions on financial statements to a greater awareness, detection and control of commercial crime. This is substantiated by what appears to be the large growth in private forensic investigative and accounting groups, increasing governmental investigative units and extensive media coverage of fraud and corruption scandals (i.e. Shaik, Leisurenet and Fidentia).
The objective of this study is to highlight the important role(s) and prominence of South African forensic accountants through a conceptualization and clarification of:
• the term "forensic accountant",
• the services rendered by forensic accountants and the demand for forensic-related services, and
• the importance of perceived benefits of forensic accounting training.
The main objective of this study is therefore to determine a core curriculum content of topics of knowledge and skills required, which is essential to the training of a forensic accountant in South Africa.
From the literature review and empirical survey, a definition for a forensic accountant is proposed, it was found that the future demand and interest in forensic-related services will increase, that benefits obtained from forensic accounting education were significant and a core curriculum of 46 forensic accounting topics were identified and ranked in terms of importance. / Thesis (M.Com. (Management Accounting))--North-West University, Potchefstroom Campus, 2009.
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The training of a forensic accountant in South Africa / J.D. van RomburghVan Romburgh, Johannes Daniel January 2008 (has links)
Although the financial and social implications of the recent major corporate scandals like Enron, Parmalat and Fidentia (Cameron, 2007) were extremely severe and the reputation of the external auditor scarred, one could state that never before was the role of the external auditor so much under the spotlight and the global focus on fraud and corruption so intense. So, for example was the passing of the Sarbanes Oxley Act and S AS 99 in the United States merely as a direct consequence of a post-Enron remedial action (Silverstone and Sheetz, 2004:11-14).
Not only globally, but also in South Africa, the focus shifted from mere expressions of opinions on financial statements to a greater awareness, detection and control of commercial crime. This is substantiated by what appears to be the large growth in private forensic investigative and accounting groups, increasing governmental investigative units and extensive media coverage of fraud and corruption scandals (i.e. Shaik, Leisurenet and Fidentia).
The objective of this study is to highlight the important role(s) and prominence of South African forensic accountants through a conceptualization and clarification of:
• the term "forensic accountant",
• the services rendered by forensic accountants and the demand for forensic-related services, and
• the importance of perceived benefits of forensic accounting training.
The main objective of this study is therefore to determine a core curriculum content of topics of knowledge and skills required, which is essential to the training of a forensic accountant in South Africa.
From the literature review and empirical survey, a definition for a forensic accountant is proposed, it was found that the future demand and interest in forensic-related services will increase, that benefits obtained from forensic accounting education were significant and a core curriculum of 46 forensic accounting topics were identified and ranked in terms of importance. / Thesis (M.Com. (Management Accounting))--North-West University, Potchefstroom Campus, 2009.
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The development of an investigation process for commercial forensic practitioners in South Africa / Daniël Petrus BredenkampBredenkamp, Daniël Petrus January 2015 (has links)
The study aims to establish an integrated generic investigation process that
could be utilised by Commercial Forensic Practitioners in South Africa.
Secondly, it aims to determine which investigation processes are currently
being utilised in South African forensics practices.
An overview is given of the international utilised processes and a basic
framework was developed, presented and tested by means of questionnaires
to members of the Institute of Commercial Forensic Practitioners in South
Africa.
The development of an investigation process for Commercial Forensic
Practitioners in South Africa could be utilised by the Institute of Commercial
Forensic Practitioners to provide a governance structure for the Institute that
would enhance the quality of forensic investigations and contribute to the
successful investigation and prosecution of commercial crime in South Africa.
To achieve the study objective, an empirical study was conducted among
current members of the Institute of Commercial Forensic Practitioners in
South Africa through the circulation of questionnaires via their website.
These results were interpreted, taking cognisance of international practices
identified in the literature review. A formalised investigation process was
developed and suggested to the Institute of Commercial Forensic
Practitioners. Statisticians were involved during the process of designing the
questionnaires, and analysing and interpreting the results.
The research dealt with a generic investigation process for Commercial
Forensic Practitioners. It also dealt with its implementation and investigative
performance in South African practices. In this study, an overview of the
investigation process for Commercial Forensic Practitioners in South Africa
was discussed.
The research also analysed the following:
* The time period in which organisations implemented the Commercial
Forensic Practitioners Process; * The effect of the Commercial Forensic Practitioners Process on
investigative performance; and * The integration of the Commercial Forensic Practitioner's process into
the budgeting process.
The findings of the study revealed the following:
* Each of the phases of the Commercial Forensic Practitioners Process
is as important as the others in matters that will be presented before
court.
* An investigation should only be performed if it can be performed
properly and in a manner that provides clarity and value to the
engagement and its objectives. For this purpose, a Commercial
Forensic Practitioner should only accept an assignment if free of
conflicts and any independence issues. It is imperative for Commercial
Forensic Practitioners to adequately assess not only their relationship
to the client and the particular engagement, but also their relationship
to any opposing party. This assessment should be done in the context
of all other work of the practice, not only that work that is performed by
the particular Commercial Forensic Practitioner and direct colleagues.
* The Commercial Forensic Practitioner must design, implement and use
a robust client and engagement acceptance process that is
documented, standardised and, where relevant, agreed with the client.
* The role of a Commercial Forensic Practitioner in an investigation
process is, therefore, to gather evidence, interrogate and examine the
financial evidence, develop computer applications that help in analysing
and presenting the evidence, putting forward all the findings in the form
of reports, exhibits and documents, and finally taking part in civil
actions or litigation as an expert witness, and testifying to the court and
presenting all the evidence obtained through documentation or visual
aids. It is therefore of the essence that a Commercial Forensic
Practitioner be well versed in financial issues and legal concepts and
proceedings. * The study found that the majority of respondents (69.3%) were male,
while only 30.7% were female. The majority of Commercial Forensic
Practitioners fall within two age categories, namely, 35 to 44 and 45 to
54 years. These age categories fall into the productive stage of a
working career in the human life-cycle. It is furthermore inferred that the
level of experience is of importance, as the majority of participants were
well experienced, mostly with at least ten years‟ experience.
* A total of 22.7% of respondents indicated that they do not use a
formalised investigation process. The majority of respondents (77.3%)
thus make use of a formalised investigation process.
* The study found that formalised investigation processes are not
implemented for the following reasons:
-- Managerial and governance processes within practices were
sufficient to address the risks posed (41.2%);
-- Commercial Forensic Practitioners do not have a formalised
investigation process at their disposal (35.3%);
-- Commercial Forensic Practitioners are not aware of a formalised
investigation process being utilised in industry that could be
used (23.5%); and
-- The implementation of a formalised investigation process proved
too difficult (23.5%).
* The most important reasons for implementing a formalised investigation
process included reputational risks and quality control of investigative
work. It was notable that the study revealed that the industry does not
require practitioners to follow any procedures.
* It is noteworthy that practitioners did not regard monitoring and
management review of compliance with the provisions of their
formalised investigation process as an important requirement. The
study revealed that the majority of Commercial Forensic Practitioners
would measure compliance as an occasional requirement (33.3%); only
23.3% placed compliance as an agenda item for each monthly
management meeting and 16.7% as a quarterly agenda item. * The majority (56.3%) of practitioners recognised that integration of a
formalised process with the budgeting process could enhance
productivity and financial benefits.
* The majority of respondents (88.1%) were of the view that there was an
improvement in financial performance and/or productivity after the
implementation of the formalised investigation process.
* 62% of respondents were of the view that there was a significant
improvement in financial performance and productivity since the
implementation of the formalised investigation process.
This finding is significant, as it proves that a formalised process for
Commercial Forensic Practitioners in South Africa can have a positive effect
on a practise‟s financial performance.
The suggested sub-processes, as described, are accepted by the
respondents, namely:
* Client acceptance, service considerations, risk management
procedures, independence and engagement agreements;
* Planning and strategic objectives of an engagement, including
documented investigative plan incorporating the relevant disciplines
(accounting, law, IT, investigative and risk management skills);
* Gathering information and evidence, documenting evidence in an
evidence file or system and safeguarding evidence as important;
* Interviewing, using best practice interviewing skills, by planning the
interview to achieve strategic objectives, recording the interview and
using technology;
* Analysis and verification of evidence;
* Quality management, with all reported findings included in referenced
working papers supported by documented physical evidence; and
* Reporting on findings in a detailed forensic report, clearly and concisely
reflecting on the sequence of events, supported by financial information
and documents, in a format that could be used in disciplinary enquiries
and/or proceedings in civil and criminal courts. These findings fulfil the objective of the study, which was to establish an
integrated generic investigation process that could be utilised by Commercial
Forensic Practitioners in South Africa and secondly to determine which
investigation processes are currently being utilised in South African forensics
practices. It was clarified whether the implementation of a formalised process
can lead to an improvement in financial performance and what the result of
the integration of a formalised process into a practise‟s budgeting process is.
It was established that there is indeed a relationship between the integration
of the formalised process into the budgeting process and the improved
financial performance of a practise.
The findings of this study have significant implications for the management of
South African Commercial Forensic Practitioner practices. Based on the study
findings, the following general and specific recommendations can be made:
* The investigation process for Commercial Forensic Practitioners should
be fully integrated with the budgeting process of the practise, as this
will ensure improved investigative performance by the business; and
* Education and research on the investigation process for Commercial
Forensic Practitioners should be conducted by the management of a
practice before implementing such a process. / MCom (Forensic Accountancy), North-West University, Potchefstroom Campus, 2015
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The development of an investigation process for commercial forensic practitioners in South Africa / Daniël Petrus BredenkampBredenkamp, Daniël Petrus January 2015 (has links)
The study aims to establish an integrated generic investigation process that
could be utilised by Commercial Forensic Practitioners in South Africa.
Secondly, it aims to determine which investigation processes are currently
being utilised in South African forensics practices.
An overview is given of the international utilised processes and a basic
framework was developed, presented and tested by means of questionnaires
to members of the Institute of Commercial Forensic Practitioners in South
Africa.
The development of an investigation process for Commercial Forensic
Practitioners in South Africa could be utilised by the Institute of Commercial
Forensic Practitioners to provide a governance structure for the Institute that
would enhance the quality of forensic investigations and contribute to the
successful investigation and prosecution of commercial crime in South Africa.
To achieve the study objective, an empirical study was conducted among
current members of the Institute of Commercial Forensic Practitioners in
South Africa through the circulation of questionnaires via their website.
These results were interpreted, taking cognisance of international practices
identified in the literature review. A formalised investigation process was
developed and suggested to the Institute of Commercial Forensic
Practitioners. Statisticians were involved during the process of designing the
questionnaires, and analysing and interpreting the results.
The research dealt with a generic investigation process for Commercial
Forensic Practitioners. It also dealt with its implementation and investigative
performance in South African practices. In this study, an overview of the
investigation process for Commercial Forensic Practitioners in South Africa
was discussed.
The research also analysed the following:
* The time period in which organisations implemented the Commercial
Forensic Practitioners Process; * The effect of the Commercial Forensic Practitioners Process on
investigative performance; and * The integration of the Commercial Forensic Practitioner's process into
the budgeting process.
The findings of the study revealed the following:
* Each of the phases of the Commercial Forensic Practitioners Process
is as important as the others in matters that will be presented before
court.
* An investigation should only be performed if it can be performed
properly and in a manner that provides clarity and value to the
engagement and its objectives. For this purpose, a Commercial
Forensic Practitioner should only accept an assignment if free of
conflicts and any independence issues. It is imperative for Commercial
Forensic Practitioners to adequately assess not only their relationship
to the client and the particular engagement, but also their relationship
to any opposing party. This assessment should be done in the context
of all other work of the practice, not only that work that is performed by
the particular Commercial Forensic Practitioner and direct colleagues.
* The Commercial Forensic Practitioner must design, implement and use
a robust client and engagement acceptance process that is
documented, standardised and, where relevant, agreed with the client.
* The role of a Commercial Forensic Practitioner in an investigation
process is, therefore, to gather evidence, interrogate and examine the
financial evidence, develop computer applications that help in analysing
and presenting the evidence, putting forward all the findings in the form
of reports, exhibits and documents, and finally taking part in civil
actions or litigation as an expert witness, and testifying to the court and
presenting all the evidence obtained through documentation or visual
aids. It is therefore of the essence that a Commercial Forensic
Practitioner be well versed in financial issues and legal concepts and
proceedings. * The study found that the majority of respondents (69.3%) were male,
while only 30.7% were female. The majority of Commercial Forensic
Practitioners fall within two age categories, namely, 35 to 44 and 45 to
54 years. These age categories fall into the productive stage of a
working career in the human life-cycle. It is furthermore inferred that the
level of experience is of importance, as the majority of participants were
well experienced, mostly with at least ten years‟ experience.
* A total of 22.7% of respondents indicated that they do not use a
formalised investigation process. The majority of respondents (77.3%)
thus make use of a formalised investigation process.
* The study found that formalised investigation processes are not
implemented for the following reasons:
-- Managerial and governance processes within practices were
sufficient to address the risks posed (41.2%);
-- Commercial Forensic Practitioners do not have a formalised
investigation process at their disposal (35.3%);
-- Commercial Forensic Practitioners are not aware of a formalised
investigation process being utilised in industry that could be
used (23.5%); and
-- The implementation of a formalised investigation process proved
too difficult (23.5%).
* The most important reasons for implementing a formalised investigation
process included reputational risks and quality control of investigative
work. It was notable that the study revealed that the industry does not
require practitioners to follow any procedures.
* It is noteworthy that practitioners did not regard monitoring and
management review of compliance with the provisions of their
formalised investigation process as an important requirement. The
study revealed that the majority of Commercial Forensic Practitioners
would measure compliance as an occasional requirement (33.3%); only
23.3% placed compliance as an agenda item for each monthly
management meeting and 16.7% as a quarterly agenda item. * The majority (56.3%) of practitioners recognised that integration of a
formalised process with the budgeting process could enhance
productivity and financial benefits.
* The majority of respondents (88.1%) were of the view that there was an
improvement in financial performance and/or productivity after the
implementation of the formalised investigation process.
* 62% of respondents were of the view that there was a significant
improvement in financial performance and productivity since the
implementation of the formalised investigation process.
This finding is significant, as it proves that a formalised process for
Commercial Forensic Practitioners in South Africa can have a positive effect
on a practise‟s financial performance.
The suggested sub-processes, as described, are accepted by the
respondents, namely:
* Client acceptance, service considerations, risk management
procedures, independence and engagement agreements;
* Planning and strategic objectives of an engagement, including
documented investigative plan incorporating the relevant disciplines
(accounting, law, IT, investigative and risk management skills);
* Gathering information and evidence, documenting evidence in an
evidence file or system and safeguarding evidence as important;
* Interviewing, using best practice interviewing skills, by planning the
interview to achieve strategic objectives, recording the interview and
using technology;
* Analysis and verification of evidence;
* Quality management, with all reported findings included in referenced
working papers supported by documented physical evidence; and
* Reporting on findings in a detailed forensic report, clearly and concisely
reflecting on the sequence of events, supported by financial information
and documents, in a format that could be used in disciplinary enquiries
and/or proceedings in civil and criminal courts. These findings fulfil the objective of the study, which was to establish an
integrated generic investigation process that could be utilised by Commercial
Forensic Practitioners in South Africa and secondly to determine which
investigation processes are currently being utilised in South African forensics
practices. It was clarified whether the implementation of a formalised process
can lead to an improvement in financial performance and what the result of
the integration of a formalised process into a practise‟s budgeting process is.
It was established that there is indeed a relationship between the integration
of the formalised process into the budgeting process and the improved
financial performance of a practise.
The findings of this study have significant implications for the management of
South African Commercial Forensic Practitioner practices. Based on the study
findings, the following general and specific recommendations can be made:
* The investigation process for Commercial Forensic Practitioners should
be fully integrated with the budgeting process of the practise, as this
will ensure improved investigative performance by the business; and
* Education and research on the investigation process for Commercial
Forensic Practitioners should be conducted by the management of a
practice before implementing such a process. / MCom (Forensic Accountancy), North-West University, Potchefstroom Campus, 2015
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The role of the investigator in the prosecution processNkashe, Manyedi Solomon 05 1900 (has links)
The process of investigation, which begins when a crime is reported and ends after a
suspect has been convicted or discharged by a court of law, is a mammoth task which
requires cooperation between various stakeholders, such as investigators and
prosecutors. The purpose of this study was to determine the role of the specialised
commercial crime investigators in the prosecution process. The study evaluated and
explored the status of the current roles played by these investigators with the intention
of recommending changes that could improve investigator practice. Two research
questions were posed. First, the researcher endeavoured to find answers to a question
regarding what the prosecution process entails. Secondly, the researcher sought to
establish the roles of the specialised commercial crime investigator in the prosecution
process. It was envisaged that the answers to these questions could be obtained from
specialised commercial crime investigators and prosecutors deployed in the commercial
crimes courts. On this basis two samples were chosen, with nine investigators from the
Gauteng North office of the Specialised Commercial Crimes Unit and four prosecutors
from the Specialised Commercial Crimes Court in Gauteng North. Some of the findings
were that the investigators in trying to fulfil their roles of investigations have an adverse impact on the investigation and successful prosecution of offenders, which in turn lead
to recidivism and apathy among the communities being served by the police and the
justice system in general. The image of the police, particularly that of the commercial
crime investigators, is often negated and the justice system is portrayed as a failure in
addressing the problem of crime. The conclusions drawn from the data were that the
roles of investigators in the prosecution process are mandatory as they are legislated
rather that persuasive and that investigators cannot rely on prosecutors to handle all
aspects of investigation once a case has been handed over to the prosecution. Apart
from a lack of knowledge about these roles, it was established that some investigators
deliberately ignore their roles in this relationship. It is proposed that dedicated training
should be afforded to investigators and prosecutors above their existing training, with a
focus on how to take part in the prosecution process. Investigators should be informed
that their responsibilities in the prosecution process are a result of legislation and that
failure to satisfy the legislation will carry adverse consequences for the investigation
itself, the prosecution and the other stakeholders. / Criminal and Procedural Law / M.Tech. (Forensic Investigations)
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The role of the investigator in the prosecution processNkashe, Manyedi Solomon 05 1900 (has links)
The process of investigation, which begins when a crime is reported and ends after a suspect has been convicted or discharged by a court of law, is a mammoth task which requires cooperation between various stakeholders, such as investigators and prosecutors. The purpose of this study was to determine the role of the specialized commercial crime investigators in the prosecution process. The study evaluated and explored the status of the current roles played by these investigators with the intention of recommending changes that could improve investigator practice. Two research questions were posed. First, the researcher endeavoured to find answers to a question regarding what the prosecution process entails. Secondly, the researcher sought to establish the roles of the specialised commercial crime investigator in the prosecution process. It was envisaged that the answers to these questions could be obtained from specialised commercial crime investigators and prosecutors deployed in the commercial crimes courts. On this basis two samples were chosen, with nine investigators from the Gauteng North office of the Specialised Commercial Crimes Unit and four prosecutors from the Specialised Commercial Crimes Court in Gauteng North. Some of the findings were that the investigators in trying to fulfil their roles of investigations have an adverse impact on the investigation and successful prosecution of offenders, which in turn lead to recidivism and apathy among the communities being served by the police and the
justice system in general. The image of the police, particularly that of the commercial crime investigators, is often negated and the justice system is portrayed as a failure in addressing the problem of crime. The conclusions drawn from the data were that the roles of investigators in the prosecution process are mandatory as they are legislated rather that persuasive and that investigators cannot rely on prosecutors to handle all aspects of investigation once a case has been handed over to the prosecution. Apart from a lack of knowledge about these roles, it was established that some investigators deliberately ignore their roles in this relationship. It is proposed that dedicated training should be afforded to investigators and prosecutors above their existing training, with a focus on how to take part in the prosecution process. Investigators should be informed that their responsibilities in the prosecution process are a result of legislation and that failure to satisfy the legislation will carry adverse consequences for the investigation itself, the prosecution and the other stakeholders. / Criminal and Procedural Law / M.Tech. (Forensic Investigations)
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Advance fee fraudTanfa, Denis Yomi 31 March 2006 (has links)
The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited. / Criminology / D. Litt. et Phil. (Criminology)
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Advance fee fraudTanfa, Denis Yomi 31 March 2006 (has links)
The focus of this thesis is on Advance Fee Fraud (419 scams) on how it is executed and more importantly, on how it can be prevented. The research addresses the origins of AFF, the nature and extent of this crime and how the perpetrators are able to defraud their victims. The research described, examined and analysed the crimes, the perpetrators, the victims, adjudication and the prevention strategies of this fraud. Information was gathered through literature and empirical research. A qualitative research method was used to gather information from AFF offenders who were incarcerated in South African prisons in 2005. The results of the empirical research were carefully examined, analyzed and integrated into the various chapters of this thesis. A theoretical framework was also developed in an attempt to explain this complex phenomenon. The findings and recommendations in terms of the crimes, the criminals, the victims, adjudication and prevention were also made and some suggestions for further research thereof were also cited. / Criminology and Security Science / D. Litt. et Phil. (Criminology)
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