University of Macau / Faculty of Law

Fraudulent behaviour by management has become a global problem that cuts across cultural and ideological divides. Therefore, given the high incidence and cost of fraud internationally and locally, as well as the fact that stakeholders, including shareholders, governments and non-governmental organisations, are increasing the pressure on organisations to manage unethical behaviour more effectively, it is astonishing that fraud per se has not attracted more research efforts. Enron, WorldCom and Arthur Andersen, among others, have underscored the fact that the current modes which are governing companies are not sufficient to protect investors and public interests, because it is easy for otherwise honest people to be swept along in a climate of corruption. The aim of this study was to propose a model to predict potential risk of management fraud based on the organisational climate of the organisation. An interpretative framework was used to develop a conceptual model. Analytical induction and Lawshe’s content validity ratio were applied to validate the conceptualised model. The conceptual model assumes that there are certain organisational climate factors (determinants and dimensions) within an organisation which could indicate the direction of climate within the organisation. The determinants are leadership style, managerial values, trustworthiness, and organisational values. The following dimensions were identified: level of individual autonomy, reward system of organisation, degree of open communication between employees and management, perceived individual pressure, and fairness and innovation. The conceptual model further assumes that, although employees’ acceptance and/or tolerance of unethical behaviour might be high, not all managers will engage in fraud, as the various aspects of the fraud diamond also impose a form of constraint on the organisation. The level of individual constraint as imposed by the fraud diamond is moderated by an individual’s gender, tenure, education and age, which form part of an individual’s capability and comprise the acquired traits of an individual. Apart from these biographical traits, the model includes personal traits that will also have an impact on an individual’s capability. The limitations, practical implications and recommendations for future research are also discussed. This study, not only augments fraud literature, but also contributes to industrial/organisational psychology by studying individual deviance from an organisational perspective. / Psychology / D. Phil. (Consulting psychology) : illustrated (some colored)

Thesis (PhD)--Stellenbosch University, 2012. / The focus of the study is the socio-economic impact of systemically corrupt institutions on developing countries. The unit of analysis is systemic corruption. The study seeks to make a contribution towards the understanding of, and insight into, corruption in private and public institutions. Corruption is a subsystem of the social system that is embedded in the economy, politics, science and technology, ethics, and aesthetics. Systemic corruption is not only an impairment of integrity, virtue and moral principle(s), but a departure from the original purpose, processes, structure, governance and context of systems created with the intention to be pure and correct and to enable development. Systemic corruption is destructive for development. Corruption is a social pathology. As a systemic problem situation, corruption does not have root causes, but co-producers. These co-producers are obstructions to first-order-development of an institution and society. If these first-order-co-producers interact, e.g. when marginal groups are powerless and do not have any hope of being accommodated in formal society (that is synonymous with a better life) the impact thereof co-produces second-order-problems, e.g. alienation and polarisation. Alienated people organise themselves and for survival create their own values and culture that contradict those of formal society. For example, organised criminal groups are not accommodated within the formal structures of society; they are labelled, feared and detested. Marginal groups use the negative impact they experience during alienation and polarisation, i.e. absolute, relative, and total deprivation from goods, services, knowledge, influence, norms and identity, to justify their corrupt practices. Corruption cannot be solved with linear solutions, but should be addressed by a systemic approach, e.g. system dynamics, soft - and complex systems. This approach aims to change the „culture of corruption‟ by changing the environment that contributes to corruption, i.e. by eliminating programmes that co-produce corruption, by developing moral and transformational leaders and role models, and by developing innovative, transparent and accountable institutions. This dissertation is primarily a hermeneutic study. Exploratory research provided insight into and comprehension of the co-producers and impacts of corruption. Although a substantial volume of literature on corruption exists, very few employ a systemic framework that provides a holistic understanding of corruption and its relationship with other variables within the context of the developing world. The relationship with these variables is important to gain an understanding of the complexity of corruption. Corruption can be a concept, a condition, a manifestation, and a co-producer that contribute towards poverty and under-development. Corruption can also be a co-impact on poverty and under-development. The multidimensional dynamics of corruption to take on various „masks‟ make it an elusive phenomenon. As a complex subsystem, corruption takes on a life of its own that is self sustaining - corruption strengthens corruption. Corruption‟s co-producers, various manifestations and devastating impacts can at best be understood in terms of contextualising these from a systemic and complex system perspective. The dissertation offers a conceptual framework for identifying systemically corrupt institutions. Strategies were developed for change management to transform such institutions to international best practices. These strategies are based on the principles of good governance, institutional capital and trust, quality personnel, a culture of discipline, and sustainability. The concept of „quality‟ is central to the creation of social/institutional capital, an integrated institution and also in the control and management of these strategies. Strategies and processes were developed for a complete institutional change and transformation, by creating institutions that enhance participation, parity, organisation, adaptation and innovation. These strategies were developed by integration, e.g. developing social capital; differentiation, e.g. application of specialised knowledge and skills about procurement; coordination; and control of systemic corruption. For every level of differentiation, a minimum required level of integration is required. Therefore, all strategies „balance‟ opposing developmental aspirations. A discussion of developing countries‟ corruption problem situations, based on examples of real incidents of corruption, illustrates what can be done if reform of people and transformation of systems are applied systemically. Corrective change management strategies were tailored for suiting a unique context, governance, structure, purpose and processes. The discussion assessed the key drivers and key uncertainties with possible directions of how these alternatives can unfold in terms of the Namibian corruption problem situation. Leverage points describe how to implement the most effective containment strategies with the best outcome in the shortest time. Containing strategies include hard, formal and tactical-operational strategies. Dissolving strategies focus on soft, informal and long-term sustainable transformation.

Fraudulent behaviour by management has become a global problem that cuts across cultural and ideological divides. Therefore, given the high incidence and cost of fraud internationally and locally, as well as the fact that stakeholders, including shareholders, governments and non-governmental organisations, are increasing the pressure on organisations to manage unethical behaviour more effectively, it is astonishing that fraud per se has not attracted more research efforts. Enron, WorldCom and Arthur Andersen, among others, have underscored the fact that the current modes which are governing companies are not sufficient to protect investors and public interests, because it is easy for otherwise honest people to be swept along in a climate of corruption. The aim of this study was to propose a model to predict potential risk of management fraud based on the organisational climate of the organisation. An interpretative framework was used to develop a conceptual model. Analytical induction and Lawshe’s content validity ratio were applied to validate the conceptualised model. The conceptual model assumes that there are certain organisational climate factors (determinants and dimensions) within an organisation which could indicate the direction of climate within the organisation. The determinants are leadership style, managerial values, trustworthiness, and organisational values. The following dimensions were identified: level of individual autonomy, reward system of organisation, degree of open communication between employees and management, perceived individual pressure, and fairness and innovation. The conceptual model further assumes that, although employees’ acceptance and/or tolerance of unethical behaviour might be high, not all managers will engage in fraud, as the various aspects of the fraud diamond also impose a form of constraint on the organisation. The level of individual constraint as imposed by the fraud diamond is moderated by an individual’s gender, tenure, education and age, which form part of an individual’s capability and comprise the acquired traits of an individual. Apart from these biographical traits, the model includes personal traits that will also have an impact on an individual’s capability. The limitations, practical implications and recommendations for future research are also discussed. This study, not only augments fraud literature, but also contributes to industrial/organisational psychology by studying individual deviance from an organisational perspective. / Psychology / D. Phil. (Consulting psychology)

The purpose of this study was to determine whether publicly disclosed violations by U.S corporations, resulting in convictions or settlements, erode shareholder investment in the offending organizations. This study was designed to assess whether or not the shareholders' reactions to corporations' violations were related to a decline in organizations' stock valuations across sectors. In addition, this study attempted to assess whether or not shareholder support, expressed by stock prices, declined more after a corporation was prosecuted or reached a settlement for violations, as compared to corporations that disclosed earnings disappointments. Also, this study investigated the stock prices of violating corporations compared to the non-offending corporations from within the same business sector, as well as considered the percentage decline for repeat offenders for violation two compared to violation one. Opposite to hypothesis, results showed that stock prices for the violating companies were significantly greater 12 months after the violation compared to the other months and no significant differences in percent decline between the eight sectors on any of the five decline measures. There were also no differences between violating companies and their matched companies. Companies with a violation had significantly greater stock prices overall than those without a violation.

The collapse of Enron and its aftermath has put unprecedented focus on the accounting profession and its role in the self-regulatory system.

Thesis (M. A. (Political Science)) -- University of Limpopo, 2022 / State capture in South Africa became the talk of the day in the mainstream media and social media alike. This was the case following state capture report (herein after referred to as ―the report‖) released by former public protector Thuli Madonsela which shed a light about the close relationship between former president Jacob Zuma and the Gupta family. The report alleged that the Gupta family played a role in appointing and offering ministerial positions to those who would bid for them in government procurements and tender awarding. This study seeks to analyse whether or not the state capture controversy in the context of the Zuma-Gupta family is a political manoeuvrings or economic contestations between the business competitors (White establishments and the Gupta family). The existing literature on the state capture narrative looks more at the Gupta family‘s ties with former President Jacob Zuma, highlighting their tumultuous relationship. The dissertation does not justify the Guptas‘ wrongdoings or nepotism, but it showcases that the State Capture narratives has been bolstered by those opposed to economic development. In terms of methodology, the study used qualitative and content analysis to examine the South African state capture debate

Construction companies, in particular, abuse the objectives of BEE in order to secure multimillion-rand contracts. Misrepresentations, specifically to the Department of Public Works, are made in various forms and stages during the submission of tender documentation by contractors. The status of BEE company owners is abused in order to secure contracts. Apartheid in South Africa prevented black citizens from entering the corporate world and thereby attaining a quality education. The South African government has, since 1994, adopted the BEE policy in order to redress racial and economic imbalances of the past. Fronting (which is regarded as fraud) is detrimental to the objectives of BEE, which are governed by legislation. Fronting further negatively affects the transformation of the South African economy which could be globally competitive. Fraud detection and its investigation are two concepts which are closely linked to each other and are vitally important to any fraud investi-gator. / Police Practice / M. Tech. (Forensic Investigation)

Conducting internal investigations in the corporate environment in South Africa has become an everyday occurrence where companies need to take action after an incident took place. Each company has a different view regarding their processes followed when investigating internal matters, and the different objectives that drive the process. Some companies would prefer the suspects be disciplined and removed from their employment, and no further action taken after the dismissal and some companies would have a different approach and would follow the process through the disciplinary, the criminal prosecution and institute civil litigation to recover losses. Investigation differs, and the approach would be different as well with various reasons for the approach of the company. To establish what the methodology is that is followed when initiating an internal investigation and the drive behind the methodology followed was done. The methodology and process followed determines how the internal investigation process is done and concluded to ensure that similar incidents do not occur again, and thus protect the corporate environment in South Africa. / Police Practice / M. Tech. (Forensic Investigation)

Construction companies, in particular, abuse the objectives of BEE in order to secure multimillion-rand contracts. Misrepresentations, specifically to the Department of Public Works, are made in various forms and stages during the submission of tender documentation by contractors. The status of BEE company owners is abused in order to secure contracts. Apartheid in South Africa prevented black citizens from entering the corporate world and thereby attaining a quality education. The South African government has, since 1994, adopted the BEE policy in order to redress racial and economic imbalances of the past. Fronting (which is regarded as fraud) is detrimental to the objectives of BEE, which are governed by legislation. Fronting further negatively affects the transformation of the South African economy which could be globally competitive. Fraud detection and its investigation are two concepts which are closely linked to each other and are vitally important to any fraud investi-gator. / Police Practice / M. Tech. (Forensic Investigation)