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Trestný čin podvodu, pojistného, úvěrového a dotačního podvodu podle § 209,210, 211 a 212 Trestního zákoníku / Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal CodeChlebik, Marek January 2013 (has links)
The diploma thesis is concerned with fraud and its special kinds. The author writes the thesis at the department of criminal law of Charles University Law School in Prague. The study contains five chapters except for the introduction and conclusion. The first chapter describes the criminological aspects of fraudulent delinquency; how and why fraudulent delinquency is divided into subdivisions. For example subdivisions like general and special frauds or internal and external frauds. These crimes are not committed by any violent behavior or under influence of alcohol or drugs don't have any direct consequences on health or life of affected persons. Historical factors have an enormous effect on these acts in present. The inability of post- revolutionary governments to secure the fairness of coupon privatization had (mostly) unwanted and unintended consequences. Describes the personality of swindler person and defines juristic person as well. The Author puts special emphasis on prevention. Crime prevention is the attempt to reduce victimization and to deter crime and criminals. It is applied specifically to reduce crime, enforce law, and maintain criminal justice. And in the end of this chapter is described the role of public media and its influence on how public comprehends it. The second chapter is...
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A Study of Fraudulent Migratory Marriages in Canada and IndiaJohn, Tanya Elizabeth 01 January 2011 (has links)
This thesis focuses on Fraudulent migratory marriages by discussing two paradigms of such
marriages, the Abandoned Brides Problem in India and the Fraudulent Immigration Marriages or Marriages of Convenience in Canada. It highlights some of the socio-economic and legal problems that may arise in these migratory marriages and explores the various legal solutions proposed as solutions to them. The solutions offered in these two instances require changes in two different areas of law, the first being Private International Law and the second Immigration Law.
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A Study of Fraudulent Migratory Marriages in Canada and IndiaJohn, Tanya Elizabeth 01 January 2011 (has links)
This thesis focuses on Fraudulent migratory marriages by discussing two paradigms of such
marriages, the Abandoned Brides Problem in India and the Fraudulent Immigration Marriages or Marriages of Convenience in Canada. It highlights some of the socio-economic and legal problems that may arise in these migratory marriages and explores the various legal solutions proposed as solutions to them. The solutions offered in these two instances require changes in two different areas of law, the first being Private International Law and the second Immigration Law.
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Directors' duties and the protection of creditors' interest : an examination of directors' duties to creditors of financially troubled companies with the view of expanding the scope of directors' fiduciary duties to include the interests of creditors of cAjlouni, Leith January 2002 (has links)
No description available.
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The effects on contracting behavior of varying remedies for misrepresentations in applications and for wrongful dismissal /North, Charles Mark, January 1999 (has links)
Thesis (Ph. D.)--University of Texas at Austin, 1999. / Vita. Includes bibliographical references (leaves 140-145). Available also in a digital version from Dissertation Abstracts.
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Toward Enhancing Automated Credibility Assessment: A Model for Question Type Classification and Tools for Linguistic AnalysisMoffitt, Kevin Christopher January 2011 (has links)
The three objectives of this dissertation were to develop a question type model for predicting linguistic features of responses to interview questions, create a tool for linguistic analysis of documents, and use lexical bundle analysis to identify linguistic differences between fraudulent and non-fraudulent financial reports. First, The Moffitt Question Type Model (MQTM) was developed to aid in predicting linguistic features of responses to questions. It focuses on three context independent features of questions: tense (past vs. present vs. future), perspective (introspective vs. extrospective), and abstractness (concrete vs. conjectural). The MQTM was tested on responses to real-world pre-polygraph examination questions in which guilty (n = 27) and innocent (n = 20) interviewees were interviewed. The responses were grouped according to question type and the linguistic cues from each groups' transcripts were compared using independent samples t-tests with the following results: future tense questions elicited more future tense words than either past or present tense questions and present tense questions elicited more present tense words than past tense questions; introspective questions elicited more cognitive process words and affective words than extrospective questions; and conjectural questions elicited more auxiliary verbs, tentativeness words, and cognitive process words than concrete questions. Second, a tool for linguistic analysis of text documents, Structured Programming for Linguistic Cue Extraction (SPLICE), was developed to help researchers and software developers compute linguistic values for dictionary-based cues and cues that require natural language processing techniques. SPLICE implements a GUI interface for researchers and an API for developers. Finally, an analysis of 560 lexical bundles detected linguistic differences between 101 fraudulent and 101 non-fraudulent 10-K filings. Phrases such as "the fair value of," and "goodwill and other intangible assets" were used at a much higher rate in fraudulent 10-Ks. A principal component analysis reduced the number of variables to 88 orthogonal components which were used in a discriminant analysis that classified the documents with 71% accuracy. Findings in this dissertation suggest the MQTM could be used to predict features of interviewee responses in most contexts and that lexical bundle analysis is a viable tool for discriminating between fraudulent and non-fraudulent text.
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A Study of the Interview Policy for Spouses from Mainland China--The Case of Kaohsiung CityHsiao, Sheng-Fang 15 August 2011 (has links)
Illegal migration is a common phenomenon around the world. It is most prevalent between regions and countries with relatively great difference in national income and economic activities. Taiwan has enjoyed economic prosperity since early years, and people are generally well-off. With a significantly higher living standard than mainland China, and consistently increasing cross-strait marriages, many people from mainland China who have no means to improve their economic condition in China, try to migrate to Taiwan illegally by means of ¡§fraudulent marriage¡¨ to solve their own economic problems.
Public policies of a country are problem-oriented. Major objective of the public policies is to solve social problems. In order to prevent people from mainland China from engaging in illegal acts in Taiwan by means of fraudulent marriage, and hence endangering Taiwan society, the Taiwan government has instituted the interview policy. The interview policy is undeniably effective in deterring the mainland people from engaging in illegal acts in Taiwan by means of fraudulent marriage, but it has also created annoyance for the genuinely married couples across the straits. The author¡¦s motivation and aim of the study is to explore the possibility of relaxing the interview policy or bundling it with other auxiliary measures, so that both legal marriage and human rights could be protected.
After understanding the system, regulations and result of the interview policy, the researcher then discussed the policy from the view-point of the policy stakeholders. Subjects of study are the policy stakeholders residing in Kaohsiung City. Samples were taken by non-probability sampling (purposive sampling) from the Taiwan spouses, mainland spouses, team members of the Kaohsiung Special Operation Brigade of National Immigration Agency actually executing the interview policy and the mainland citizens involved in fraudulent marriage who are staying in asylums, with whom interviews were conducted.
The study found that the interview policy did have the effect of preventing mainland citizens from coming to Taiwan by means of fraudulent marriage when the present point of time (2011) was compared with 2003 when the policy was first launched. However, as time goes by, and as the cross-strait relationship unwinds, fraudulent marriage is no longer the only channel that ill-minded mainland people may come to Taiwan, as they have diversified channels now, such as business visit, traveling and the Taiwan individual travel scheme for mainland travelers, etc. Moreover, the interview policy only found 2 problematic cross-strait marriages out of 1000 cases in 2010, while the other 998 cases were normal cross-strait marriages, but still were affected and bothered by the interview policy. Therefore, whereas most interviewees agreed that the interview policy should be kept, they did believe that the policy should be appropriately relaxed. ¡§Immigrant management¡¨ or ¡§immigrant counseling¡¨ is an acceptable approach to strengthening the ¡§investigation¡¨ of mainland spouses. Therefore, for the interview policy, it is proposed in the study that: 1. existing interview policy for mainland spouses should be relaxed; and 2. visit and investigation of mainland spouses should be strengthened after they come to Taiwan.
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Reviewable transactions in insolvency : the recognition of creditors’ interests in "subjective" and "objective" insolvency regimesHorne, Andrew J. 11 1900 (has links)
A person on the eve of bankruptcy may enter into transactions or arrangements that are intended
to, or that have the effect of, preserving its property from being seized and distributed among
creditors. Such transactions may provide a bankrupt with collateral benefits such as the
continued use and enjoyment of property, or they may benefit third parties such as members of
the bankrupt's family, or they may benefit selected creditors to the detriment of others. The
effect of such transactions is to frustrate the legislative scheme which provides for the
distribution of a bankrupt's residual property. This effect may be desired by a bankrupt or by a
recipient of the bankrupt's property, or it may be unintended.
Insolvency legislation confers wide powers upon a trustee in bankruptcy to "review" such
transactions by bringing proceedings to reverse their effect and recover the value lost to the
bankrupt's estate. Reviewable transactions comprise two main categories: dispositions or
unequal transactions in which a debtor parts with property for no or insufficient consideration
(such as a transfer of property to a spouse or a sale in which a bankrupt does not receive a fair
price) and preferential repayments of debts owed to certain creditors to the detriment of others.
Reviewable transaction laws in Canada and England have a subjective basis in that they focus
upon the intent of a debtor to defeat creditors or prefer one creditor over others. In contrast,
relevant Australian and New Zealand laws have an objective focus and provide remedies where
the effect of a transaction, rather than the intent of a debtor, is to defeat the interests of creditors.
This paper conducts a comparative critique of reviewable transaction regimes. It makes the
argument that subjective regimes tend to reflect their historical origins in fraud law and a desire
to punish and frustrate the fraudulent intent of a bankrupt; an inappropriate policy foundation
that fails to address the competing interests and policy considerations which should form the
basis of reviewable transaction law. Objective regimes, which focus upon the effect of
impugned transactions, provide more appropriately for the balancing of creditors' and recipients'
interests and the making of provision for policy considerations. This paper also considers
collateral effects of reviewable transaction regimes upon creditors' interests (such as effects
upon claims to property recovered by a trustee) in a variety of circumstances and concludes that
the results are often inconsistent and undesirable. In this respect the relative positions of secured
and unsecured creditors are described in detail and proposals for reform are ventured.
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A Model Framework to Estimate the Fraud Probability of Acquiring MerchantsJanuary 2015 (has links)
abstract: Using historical data from the third-party payment acquiring industry, I develop a statistical model to predict the probability of fraudulent transactions by the merchants. The model consists of two levels of analysis – the first focuses on fraud detection at the store level, and the second focuses on fraud detection at the merchant level by aggregating store level data to the merchant level for merchants with multiple stores. My purpose is to put the model into business operations, helping to identify fraudulent merchants at the time of transactions and thus mitigate the risk exposure of the payment acquiring businesses. The model developed in this study is distinct from existing fraud detection models in three important aspects. First, it predicts the probability of fraud at the merchant level, as opposed to at the transaction level or by the cardholders. Second, it is developed by applying machine learning algorithms and logistical regressions to all the transaction level and merchant level variables collected from real business operations, rather than relying on the experiences and analytical abilities of business experts as in the development of traditional expert systems. Third, instead of using a small sample, I develop and test the model using a huge sample that consists of over 600,000 merchants and 10 million transactions per month. I conclude this study with a discussion of the model’s possible applications in practice as well as its implications for future research. / Dissertation/Thesis / Doctoral Dissertation Business Administration 2015
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Reviewable transactions in insolvency : the recognition of creditors’ interests in "subjective" and "objective" insolvency regimesHorne, Andrew J. 11 1900 (has links)
A person on the eve of bankruptcy may enter into transactions or arrangements that are intended
to, or that have the effect of, preserving its property from being seized and distributed among
creditors. Such transactions may provide a bankrupt with collateral benefits such as the
continued use and enjoyment of property, or they may benefit third parties such as members of
the bankrupt's family, or they may benefit selected creditors to the detriment of others. The
effect of such transactions is to frustrate the legislative scheme which provides for the
distribution of a bankrupt's residual property. This effect may be desired by a bankrupt or by a
recipient of the bankrupt's property, or it may be unintended.
Insolvency legislation confers wide powers upon a trustee in bankruptcy to "review" such
transactions by bringing proceedings to reverse their effect and recover the value lost to the
bankrupt's estate. Reviewable transactions comprise two main categories: dispositions or
unequal transactions in which a debtor parts with property for no or insufficient consideration
(such as a transfer of property to a spouse or a sale in which a bankrupt does not receive a fair
price) and preferential repayments of debts owed to certain creditors to the detriment of others.
Reviewable transaction laws in Canada and England have a subjective basis in that they focus
upon the intent of a debtor to defeat creditors or prefer one creditor over others. In contrast,
relevant Australian and New Zealand laws have an objective focus and provide remedies where
the effect of a transaction, rather than the intent of a debtor, is to defeat the interests of creditors.
This paper conducts a comparative critique of reviewable transaction regimes. It makes the
argument that subjective regimes tend to reflect their historical origins in fraud law and a desire
to punish and frustrate the fraudulent intent of a bankrupt; an inappropriate policy foundation
that fails to address the competing interests and policy considerations which should form the
basis of reviewable transaction law. Objective regimes, which focus upon the effect of
impugned transactions, provide more appropriately for the balancing of creditors' and recipients'
interests and the making of provision for policy considerations. This paper also considers
collateral effects of reviewable transaction regimes upon creditors' interests (such as effects
upon claims to property recovered by a trustee) in a variety of circumstances and concludes that
the results are often inconsistent and undesirable. In this respect the relative positions of secured
and unsecured creditors are described in detail and proposals for reform are ventured. / Law, Peter A. Allard School of / Graduate
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