Text in Afrikaans / Fraud is a worldwide phenomenon that is on the increase and a reason for serious concern. It is a priority crime in South Africa with serious implications both financial and socially. Fraud costs this country R150 milliard, almost three times the cost of the controversial weapon transaction. This was the goals of the researcher to determine what motivates the offender to commit fraud and how can fraud be explained in this study. A qualitative approach was followed due to the qualitative nature of the concept motivation. This resulted in a two-phase approach namely a documentary study, which was followed by interviews with experts in the field of fraud. Ten pre-sentence court reports of fraudsters were studied where after the outcome was discussed with these experts. The criminal event model served as framework for this study. Strain was incorporated as an additional component in the explanation of fraud. / Criminology / M. A. (Criminology)

Text in Afrikaans / Fraud is a worldwide phenomenon that is on the increase and a reason for serious concern. It is a priority crime in South Africa with serious implications both financial and socially. Fraud costs this country R150 milliard, almost three times the cost of the controversial weapon transaction. This was the goals of the researcher to determine what motivates the offender to commit fraud and how can fraud be explained in this study. A qualitative approach was followed due to the qualitative nature of the concept motivation. This resulted in a two-phase approach namely a documentary study, which was followed by interviews with experts in the field of fraud. Ten pre-sentence court reports of fraudsters were studied where after the outcome was discussed with these experts. The criminal event model served as framework for this study. Strain was incorporated as an additional component in the explanation of fraud. / Criminology and Security Science / M. A. (Criminology)

Fraud, corruption, and related taxation consequences from a financial and a moral perspective were investigated in this study. A literature review of tax ethics, tax morality, tax conduct, tax planning, tax avoidance, tax evasion, tax fraud, white-collar crime, fraud, money laundering, corruption and corporate governance are presented. The research methodology and empirical investigation followed, the research results achieved, and the conclusions and recommendations made, are also presented. The most import conclusions from this study are that economic crime (such as fraud and corruption) has an impact on taxation in South Africa, that economic crime offences ignore any possible taxation consequences and that the type of the economic crime being perpetrated is a function of the opportunities available to a potential offender. The majority of the respondents (both economic crime offenders and role-players in the field of the prevention, detection and prosecution of fraud, corruption and tax related offences) indicated that law enforcement, prosecution and sentencing practices are not adequate in South Africa. However, the majority of both groups of respondents also indicated that current laws and regulations are adequate to address economic crime in South Africa. This could be interpreted as a vote of confidence in current laws and regulations but an indication that it should be applied more effectively in the fight against economic crime. Within the legal framework of the criminal justice system and the various taxation laws and regulations in South Africa, there are always opportunities for people to come into conflict with the law. This study was also undertaken to investigate an economic crime offender’s perceptions of fraud, corruption and tax-related offences. In total 82 economic crime offenders, serving a prison term for their offences, completed a questionnaire and were personally interviewed in a semi-structured interview comprising pre-set questions. The study demonstrated that there is a correlation between an economic crime offender’s level of education and the monetary extent of the perpetrated offence. In perpetrating an economic crime, the offender is only concerned about the immediate financial reward, disregarding any possible consequences such as taxation or prosecution. To prevent fraud, corruption and tax-related offences, the motivation to commit such crimes should be eliminated or reduced. Fraudsters weigh up the individual risks and rewards of their criminal behaviour, and for that reason, their future conduct can be modified with appropriate rehabilitation and anti-economic crime education programs. Consequently, this study has vital implications for reformulating appropriate rehabilitation programmes for economic crime offenders. Economic crime offenders should be subject to an anti-economic crime education program in which the consequences of perpetrating economic crime in general on the economy and tax revenue could be conveyed to such offenders. Rehabilitation programs designed and developed specifically for economic crime offenders should be implemented at correctional institutions. / PhD (Tax), North-West University, Potchefstroom Campus, 2013

Fraud, corruption, and related taxation consequences from a financial and a moral perspective were investigated in this study. A literature review of tax ethics, tax morality, tax conduct, tax planning, tax avoidance, tax evasion, tax fraud, white-collar crime, fraud, money laundering, corruption and corporate governance are presented. The research methodology and empirical investigation followed, the research results achieved, and the conclusions and recommendations made, are also presented. The most import conclusions from this study are that economic crime (such as fraud and corruption) has an impact on taxation in South Africa, that economic crime offences ignore any possible taxation consequences and that the type of the economic crime being perpetrated is a function of the opportunities available to a potential offender. The majority of the respondents (both economic crime offenders and role-players in the field of the prevention, detection and prosecution of fraud, corruption and tax related offences) indicated that law enforcement, prosecution and sentencing practices are not adequate in South Africa. However, the majority of both groups of respondents also indicated that current laws and regulations are adequate to address economic crime in South Africa. This could be interpreted as a vote of confidence in current laws and regulations but an indication that it should be applied more effectively in the fight against economic crime. Within the legal framework of the criminal justice system and the various taxation laws and regulations in South Africa, there are always opportunities for people to come into conflict with the law. This study was also undertaken to investigate an economic crime offender’s perceptions of fraud, corruption and tax-related offences. In total 82 economic crime offenders, serving a prison term for their offences, completed a questionnaire and were personally interviewed in a semi-structured interview comprising pre-set questions. The study demonstrated that there is a correlation between an economic crime offender’s level of education and the monetary extent of the perpetrated offence. In perpetrating an economic crime, the offender is only concerned about the immediate financial reward, disregarding any possible consequences such as taxation or prosecution. To prevent fraud, corruption and tax-related offences, the motivation to commit such crimes should be eliminated or reduced. Fraudsters weigh up the individual risks and rewards of their criminal behaviour, and for that reason, their future conduct can be modified with appropriate rehabilitation and anti-economic crime education programs. Consequently, this study has vital implications for reformulating appropriate rehabilitation programmes for economic crime offenders. Economic crime offenders should be subject to an anti-economic crime education program in which the consequences of perpetrating economic crime in general on the economy and tax revenue could be conveyed to such offenders. Rehabilitation programs designed and developed specifically for economic crime offenders should be implemented at correctional institutions. / PhD (Tax), North-West University, Potchefstroom Campus, 2013

published_or_final_version / Medical Sciences / Master / Master of Medical Sciences

Call number: LD2668 .T4 1986 H43 / Master of Science / Family Economics

Made available in DSpace on 2016-04-26T20:25:24Z (GMT). No. of bitstreams: 1 DIR - Ryanna P Veras.pdf: 1061167 bytes, checksum: b20201ba22f6d1d84481f75299b54ad9 (MD5) Previous issue date: 2006-11-22 / This work analises, in the sociological macro level, which perspective should be applied to study white collar crimes in criminology. The sistematic study of crime has begun in the beginning of the XVIII century with the Classic School, however, it has been in the end of the XIX century that emerged the sociologycal studies of crime, influenced by the works of Durkheim. In the beginning of the XX century, sociology has turned an universitary discipline, in the University of Chicago, where has been developped the first sociologycal theory of crime, the Chicago School. Then, the sociology has been divided in two distinct levels, the micro level sociology, which studies the interaction between society and man, and the macro level, which studies the society's structure. The term white collar crime was criated by the american sociologist Edwin Sutherland, in 1939. For him, white collar crime is that one commited by respectable person from the high social class, in his business. Sutherland noted that the punishment of these crimes was less commom than the punishment of the ordinary crimes. The macro level theories which considered this question were the anomie theory, labeling approach, conflict criminology and critical criminology. The first one has analised the theme in the etiologic perspective and the others has used the perspective of social reaction. The etiologic perspective intends to find an ontologic substract in crime and reveal its causes. The perspective of social reaction considers the crime a criation of the criminal system, by the selection of actions, interpretation and a final definition in a judicial sentence. This work intends to demonstrate that the study of white collar crimes should addopt the social reaction perspective, because, it should answer in first place the question: why the white collar crimes are not absorved by the criminal system? As it's impossible to obtain some reliable sample to develop etiologic studies if the real forces that control the penal system and the society were not revealed / O trabalho analisa, na óptica da macrossociologia, qual o paradigma deve ser utilizado para se estudar os crimes do colarinho branco em criminologia. O estudo sistematizado do delito se iniciou no século XVIII com a Escola Clássica, entretanto, foi no fim do século XIX que surgiram os estudos sociológicos do delito, influenciados pelo trabalho de Durkheim. No início do século XX a sociologia se tornou disciplina universitária, na Universidade de Chicago, dando origem à primeira teoria sociológica do delito, a chamada Escola de Chicago. Então, a sociologia passou a se desenvolver em duas linhas distintas, a microssociologia, que estuda a interação entre a sociedade e o indivíduo e a macrossociologia, que se detém no estudo da sociedade. Crimes do colarinho branco foi um termo criado pelo sociólogo norte-americano Edwin Sutherland, em 1939. Para ele crime do colarinho branco é aquele cometido por pessoa de respeito e elevada classe social, no exercício de sua atividade. Suhterland percebeu que a punição de tais delitos era bem menor do que a punição dos crimes ditos comuns. As teorias macrossociológicas que abordaram os crimes do colarinho branco foram a teoria da anomia, o labeling approach, a criminologia do conflito e a criminologia crítica. A primeira o fez sob o paradigma etiológico e as demais adotaram o paradigma da reação social. O paradigma etiológico busca no delito um conteúdo ontológico e, assim, revelar suas causas. O paradigma da reação social entende que o delito é um fenômeno criado pelo sistema penal, por meio da seleção de condutas, interpretação e definição final em uma sentença. A dissertação pretende demonstrar que o estudo dos delitos do colarinho branco deve adotar o paradigma da reação social, pois deve, necessariamente, responder em primeiro lugar a pergunta: por que os crimes do colarinho branco não são absorvidos pelo sistema penal? Pois, não há como se obter qualquer amostra confiável para realizar estudos etiológicos se não forem desvendadas as verdadeiras forças que regem o sistema penal e informam a própria organização social como um todo

Made available in DSpace on 2016-04-26T20:20:53Z (GMT). No. of bitstreams: 1 Melina Marques Mendes Santana.pdf: 953155 bytes, checksum: 9ec7f895d4848d3ba880f4a4eb067e0d (MD5) Previous issue date: 2012-05-16 / This work aims at assessing the criminal treatment of the insider trading activities on the capital markets. It begins by assessing the most relevant aspects of capital markets and their impact for the economy. Subsequently, it studies the value of the information and the way it should be dealt with by current and potential market participants and any other stakeholder. Following the information collection phase, the differences between white collar crimes and conventional crimes are scrutinized. Then, the work is performed by verifyingand describing how the insider trading has been defined as a crime in the Brazilian legal system and by pointing out the pros and cons of the current legislation. There is also a brief analysis of the international legislation linked to the subject. Ultimately, this work intends to contribute to the elucidation of the insider trading subject and to the unequivocal elimination of that practice / Este trabalho consiste em uma pesquisa acerca do tratamento penal dispensado ao uso indevido de informação privilegiada no mercado de capitais insider trading. Inicia-se com a abordagem dos aspectos mais relevantes do mercado de capitais e de seu impacto na economia. Na sequência, é estudado o valor da informação no mercado de capitais e a forma pela qual deve ser acessada pelos investidores atuais ou potenciais , além dos demais players do mercado. Reunido este arcabouço de informações, passa-se a analisar o tema do Direito Penal Econômico, com as suas especificidades em relação à criminalidade tradicional para, então, verificar a forma pela qual a prática do insider trading foi criminalizada no ordenamento jurídico brasileiro, apontando-se os erros e acertos do legislador. Por fim, é feita uma breve análise da legislação estrangeira correlata ao tema. Com isso, pretende-se contribuir para a elucidação do tema e para o repúdio efetivo a tal prática

The thesis deals with the legal institution of the criminal responsibility of legal entities and a feasibility of its implementation in the Czech law. The main objective of the thesis is to find an answer to the question if the implementation of the institution is neccessary in the Czech republic and eventually in which form and parameters. The first part of the paper describes the current state of legal regulation in the Czech republic and contains a comparative analysis of legal regulation in France, Austria, Germany, Slovenia, Slovakia, Great Britain and United States. In the end of the theoretical part the paper discusses relevant liabilities of the Czech republic arising from international treaties and european law. In the second part the paper focuses on scolarly debate on the possible implementation, its advantages and disadvantages. The core of the paper lies in the critical reflection of existing drafts of the law on criminal responsibility of legal entities and author's own speculation about a possible legal regulation in the Czech republic

The world economy loses an estimated $3.5 trillion annually due to fraud. A weakened economy leads to additional hardships for individuals, families, and organizations. General strain theory (GST) posits that certain strains lead to negative emotional responses, and the result is delinquent behavior. The purpose of this research was to analyze the relationship between strain and occupational fraud through the theoretical framework of GST. The research questions addressed (a) occupational frauds as measured by strain levels of perpetrators, (b) the relationship between strain scores and the different occupational fraud types, and (c) the significance of the relationship between fraud motivation and each of the occupational fraud types. A quantitative, cross-sectional study using secondary data from the ACFE Report to the Nations on Occupational Fraud and Abuse database, was conducted to examine the relationship between strain, negative emotionality, and occupational fraud crimes. To examine this relationship, a sample of 2,910 cases were tested using nominal regression, logistic regression, and Pearson correlation. The results indicated that strain is significantly related to asset misappropriation and financial statement frauds. The results also showed that work-related motivation is significantly related to financial statement frauds. Scholars and practitioners should focus on agendas related to strain, work-related motivation, and financial statement frauds. Fewer fraud losses will positively impact society through increased employment opportunities, additional tax revenues for all levels of government, and increased cash flows for investors.