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Pros and cons of alternative dispute resolution
Literature review of ethics in accounting
Pros and cons of alternative dispute resolution
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In this assignment we will exam three case-studies and determine whether the best course of action would be litigation, ADR or criminal prosecution. In the first we look a case of embezzlement, the second is a case of product liability and the third involves a supplier providing non preforming goods. We will evaluate the specifics of each and determine the best course of action. Spoiler alert, some of these may involve more than one course of action. Case Study #1 In the first case study, we learn about Adele, a secretary who has the ability to write checks for her company in order to buy office supplies. Adele, needing money for groceries for herself and daughter, ends up writing a check out to herself with the intent of repaying it. Instead, …show more content…
Sure not Bernie Madoff or Ken Lay level embezzlement, but that is just a difference of degree. Embezzlement is different than larceny in that where larceny is taking someone else’s property that you should never had in the first place, embezzlement is when you are entrusted with someone else’s property and you take it for your own gain (Lau, & Johnson, p.185, 187 2011). Either way it is still a form of theft and is a crime. The obvious answer is that since this is a crime the best course of action would be criminal prosecution. If the company called the police, and had Adele arrested, she would probably be convicted and would be ordered to pay restitution. The company would eventually get their money back. This would also have the effect of letting others in the company know that if they steal from the company they will be prosecuted, which could have the effect of cutting down on other forms of …show more content…
If ABC Company sells heating lamps by the thousands, making them angry over one order seems dumb, especially if they know it was their fault. This puts ABC Company in a good position to try an Alternative Dispute Resolution, in this case negotiation. I would go to XYZ Company and let them know what happened and explain that because of their actions your company had taken a loss. Prior to calling them I would set a reservation point of replacement of the product but would shoot for that plus I would ask them to cover half of the loss. I would want the solution to be a win/win. In this way both companies are feeling some pain, but not overwhelmingly so. Remember the next mistake might be ours and vendors relations are almost as important as customer relations. I would only consider litigation if XYZ would not even replace the 150w bulbs with the 250w bulbs I originally
Ans. 7 From my point of view I would have reported the scheme to senior management. The scheme would have proved very harmful for the whole company and the harm of the company is bad for each and every employee of the company. Many people may have lost their jobs due to this scheme.
When operating in a different country/culture businesses should refrain from making any definite assumptions or judgements. The issue is that is it easy to make assumptions/judgements about countries whose livelihoods that business is not even familiar with. Then when the business actually gets to that country, they will find that their assumptions/judgements fail to live up to the complexity of that country/culture. For example, in the case of bribery that occurs in certain countries, a company may mistakenly assume that because officials partake in this act that this act is thereby morally permissible. If anything that is far from the truth. Historically, bribery has often been considered wrong in many countries worldwide. When that company
The schemes are estimated to have caused a loss of approximately $11.6 million. The scheme to defraud the company of millions of dollars is alleged to have started with Shakouri and Torino. They later recruited Quon, Hong, and Skaire and rewarded them with a portion of the misappropriated funds. All of the defendants conspired with others to defraud the Company through false employee expense reimbursements, receiving kickbacks from vendors, stealing Company portfolios, and creating fictitious sales representatives and paying the commissions. The quintet's schemes came to a halt in August 2012 when another Company executive revealed the scheme the then-Chief Executive Officer and Chief Financial Officer. The Company then had to correct and refile multiple Annual
Combating fraud in the private sector is a difficult task. Trying to combat fraud in the public sector is daunting. In 1999 15.7% of the American workforce were employed by a government entity (federal, state, and local).[1] Mirroring society, government will have its share of perpetrators. The difference from the private sector is in the scope of the fraud committed, the loss of the public trust, the blaring headlines from news media, and difficulty in making necessary changes to combat the problems.
Are the elements of embezzlement present in this fact pattern? First off in “Moore v. United States, 160 U.S. 268, 269 (1895), the Supreme Court defined embezzlement in the following terms, Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come. It differs from larceny in the fact that the original taking was lawful, or with the consent of the owner, while in larceny the felonious intent must have existed at the time of the taking.” Therefore, the elements of embezzlement are present in this fact pattern due to the intentional taking of money without
Also, around 5,300 employees were found to be involved in the scheme over a period of 5 years. In this case, if the defendant is liable, how should they be prosecuted for their fraud? Aggressive sales goals push employees to break the rules. “On average, 1 percent of employees have not done the right thing, and we terminated them.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
Unlike the Accounts Payable master file and the company’s receiving reports, which are maintained by independent third parties, Wayland Manufacturing Company’s Accounts Payable and Purchases accounts are completed in-house with insufficient internal controls. The lack of sufficient internal controls increases an employee’s opportunity to commit and conceal fraud. In addition, the high employee turnover places the accounting department’s responsibilities on the company’s Chief Accountant, Fred Newbaker. The lack of a separation of duties enables Newbaker to create vendor invoices to commit fraud and the lack of a third party approval system enables him to conceal his wrongdoings (Arens, Elder, & Borsum 2013) (Accounts Payable and Disbursements Fraud
What do you think? Should more limits be placed on law enforcement officials’ ability to seize assets of suspected wrongdoers?
the owner and the employee over theft or loyalty it can easily spillover to your customer.
This essay will go through imperative elements for implementing fraudulent misrepresentation and to provide innocent party to recover civil damages, gain an injunction or other remedies from the other party. Business law is very broad concept of law which covers all the legal issues that include many commercial and domestic cases which make up most of the civil cases and there are only few criminal cases where there has been serious breach of law. With the help of reference to relevant case law, this essay will argue that Bob Wheelie suffered loss due to fraudulent misrepresentation of historical figures of business by Mr Spoke as Bob anticipated that the business was in good financial position whereas the business was struggling and he ended
employee theft and fraud. Fraud and theft have a lot in common. Both are criminal acts, and both
The Hollate Manufacturing case provided by Anti-Fraud Collaboration has well illustrated how several common issues in an organization contributed to the fraud’s occurrence. These issues can be categorized into two major groups: ethical culture (internal aspect) and internal control system (external aspect). By taking effective actions to enhance these two aspects, an organization can protect itself against the largest frauds, which result in financial and reputational damage.
This includes but is not limited to; check forgery, inventory theft, cash or check theft, payroll fraud or service theft. Another example of misappropriation of assets is when a company pays for goods or services that were not received or used. Embezzlement is a very common form of misappropriation where companies manipulate their accounts or create false invoices. An example of misappropriation of assets was discovered in 2008 and the victim organization was Fry’s Electronics. The Vice President of Merchandising and Operations, Ausaf Umar Siddiqui had set up a fake company that received illegal kickbacks. Siddiqui embezzled $65.6 million to pay off his gambling debts. Embezzlement of money from a company can understate cash and show a false picture to the creditors and investors. This can lead them to make decisions on misrepresented information. Another example of misappropriation of assets was of a hedge-fund manager, Philip A. Falcone who borrowed $113.2 million from investors from a hedge fund company (Harbinger Capital) and he used that money fraudulently to pay off his personal taxes. Instead of using the investor’s money for the intended purpose, which was to build a wireless phone network, he deceived them by using the money without their knowledge to pay off his taxes. The company had to file for bankruptcy as it had $23 billion in losses and withdrawals and it could not pay back
In other well-known cases of embezzlement, we have seen some heavy sentencing. For example, Bernie Madoff embezzled approximately 65 billion dollars and was sentenced to 150 years in prison. He has only paid back approximately 5.87 billion dollars (Rosenblum). In many cases, the victim will not receive full restitution. Another with Kenneth Lay of Enron, who embezzled eleven billion dollars, faced up to 45 years in prison and died before he could serve this sentence