Beruflich Dokumente
Kultur Dokumente
STUDIES
College of Legal Studies
B.Com .LL.B. 2014-19
V- Semester
SESSION: AUGUST-DECEMBER
ABSTRACT, SYNOPSIS
&
PROJECT
COMPANY LAW
TOPIC: HUMAN PSYCHOLOGY AND CORPORATE FRAUDS
TO:
FROM:
MANIT
500037336
ROLL NO
: 26
ABSTRACT
Psychology is the scientific study of mind and behavior. The word psychology
comes from the Greek words psyche , meaning life, and logos, meaning
explanation. Psychology is a popular major for students, a popular topic in the
public media, and a part of our everyday lives. A psychological explanation for
fraud would appear simplegreed and dishonesty. Such an explanation is,
however, overly simplistic.
There are many in society who are aggressively acquisitive but generally law
abiding. Moreover, not all dishonest people commit fraud. To date, behavioural
scientists have been unable to identify a psychological characteristic that serves as
a valid and reliable marker of the propensity of an individual to commit fraud.
There are, nevertheless, numerous examples of attempts to distinguish people who
will commit fraud (or who are predisposed to commit fraud given the right
situation) from those who will not. These attempts include honesty or integrity
testing aimed at measuring the trustworthiness of potential employees.
Fraud essentially involves using deception to make a personal gain for oneself
dishonestly and/or create a loss for another. Although definitions vary, most are
based around these general themes. The term fraud commonly includes activities
such as theft, corruption, conspiracy, embezzlement, money laundering, bribery
and extortion. Fraud essentially involves using deception to make a personal gain
for oneself dishonestly and/or create a loss for another. Although definitions vary,
most are based around these general themes. The term fraud commonly includes
activities such as theft, corruption, conspiracy, embezzlement, money laundering,
bribery and extortion.
SYNOPSIS
Introduction:
Corporate fraud consists of activities undertaken by an individual or company that
are done in a dishonest or illegal manner, and are designed to give an advantage to
the perpetrating individual or company. Corporate fraud schemes go beyond the
scope of an employee's stated position, and are marked by their complexity and
economic impact on the business, other employees and outside parties. Despite the
serious risk that fraud presents to business, many organizations still do not have
formal systems and procedures in place to prevent, detect and respond to fraud. No
system is completely fool proof, but business can take steps to deter fraud and
make it much less attractive to commit. Psychology is the study of behavior
and mind, embracing all aspects of conscious and unconscious experience as well
as thought. It is an academic discipline and a social science which seeks to
understand individuals and groups by establishing general principles and
researching specific cases.In this field, a professional practitioner or researcher is
called a psychologist and can be classified as a social, behavioral, or cognitive
scientist. Psychologists attempt to understand the role of mental functions in
individual and social behavior.
Objective:
1. To understand about human psychology and corporate frauds.
2. To understand how it evolve and moving in current situation.
3. To understand its future prospect and the changes with respect to time.
Research:
I will be doing my research from the information available from secondary sources
which will include material available on the books, magazines, journal available in
the library and internet.The research will be deductive in nature and the footnoting
style will be as per established standard rules and regulations of the University.
Hypothesis:
Fraud is as an intentional and deliberate act to deprive another person or institution
of property or money by deception or other unfair means. Most of the financial
frauds in the corporate fall under asset misappropriation and the submission of
fraudulent statements such as concealment of liabilities, improper asset valuation,
fictitious revenues, improper disclosures, etc. are some types of frauds. These
practices cause severe damage to the financial system of institutions across
countries. Similarly, with the help of leakages in systems of cyber and technology,
fraudsters commit financial crimes. These damage the personal finance of
individuals and the entire economy.
The growing capital infusion and increasing pace of business diversifications have
a significant impact on the interest of all stakeholders. These associated interests
are affected by the financial and corporate fraudulent practices. Despite the serious
risk that fraud presents to businesses, many organisations still do not have formal
systems and procedures in place to prevent, detect and respond to frauds. No
system is complete fraud proof, but business can take steps to deter fraud and make
it much less attractive to commit.
There have been many attempts to measure the extent of fraud, but it is not easy to
compile reliable statistics. One of the key aspects of fraud is deception, so fraud
can be difficult to identify. Often survey results reflect only the instances of fraud
that have actually been discovered. It is estimated that the majority of frauds go
undetected. Some frauds may not be reported even when they are found. It is also
often hard to distinguish fraud from carelessness and poor record keeping.
Chapterisation:
1.
2.
3.
4.
5.
Introduction.
Background.
The Object Of The liability of human psychology and corporate frauds.
Cases and Provisions
Conclusion.
Methodology:
The exploration philosophy for the undertaking will primarily concentrate on the
notes, articles, reports, journals and remark given by the researchers and is of
doctrinal in nature. The principle wellspring of information for this task will be
essential assets like Constitutional procurements, opinion, ideology and emotive
feeling for the language.
Bibliography:
www.legalservice.com
www.wikipedia.com
www.Indiankanoon.org
PROJECT
INTRODUCTION
Corporate fraud consists of activities undertaken by an individual or company that
are done in a dishonest or illegal manner, and are designed to give an advantage to
the perpetrating individual or company. Corporate fraud schemes go beyond the
scope of an employee's stated position, and are marked by their complexity and
economic impact on the business, other employees and outside parties. Despite the
serious risk that fraud presents to business, many organisations still do not have
formal systems and procedures in place to prevent, detect and respond to fraud. No
system is completely fool proof, but business can take steps to deter fraud and
make it much less attractive to commit.
Fraud is as an intentional and deliberate act to deprive another person or institution
of property or money by deception or other unfair means. Most of the financial
frauds in the corporate fall under asset misappropriation and the submission of
fraudulent statements such as concealment of liabilities, improper asset valuation,
fictitious revenues, improper disclosures, etc. are some types of frauds. These
practices cause severe damage to the financial system of institutions across
countries. Similarly, with the help of leakages in systems of cyber and technology,
fraudsters commit financial crimes. These damage the personal finance of
individuals and the entire economy.
In light of proof from squeeze articles covering 39 corporate extortion cases that
opened up to the world amid the period 19922005, the target of this article is to
For instance," I deserve it. I only want my share", "After this, I'm done", "They'll
blow their money anyway" etc. Fraudsters will also rationalize their behavior by
convincing themselves that they are just "borrowing" money and will pay it back
one day. Some fraudsters may say that the company has enough money and it won't
affect them in a big way.
Therefore, employers must take action to avoid fraud from happening at their
companies. Learn about the fraud triangle and take control especially when there is
an opportunity to commit fraud. Limit access to valuable information and
documents and allow employees only to handle internal information when it is
necessary for the job.
Fraud:
According to the principles mentioned above, one might conclude that fraud is
caused mainly by factors external to the individual that include financial,
economic, social, and political factors, and poor controls. But, what about the
individuals? Are some people more inclined to to commit fraud than others? And if
so, is that a more serious cause of fraud than the external and internal
environmental aspects as discussed earlier? Data obtained from criminology and
sociology gives the same impression.
"punished" with comparatively light punishments or serve their time at a lowsecurity federal "tennis camp." Some scholars have called this attitude toward
white-collar crime "a falsification of our general societal admiration for
intelligence."
During much of the past century, psychologists and sociologists worked hard to
understand the inner workings of people who commit white-collar crime. Edwin
Sutherland's White Collar Crime, the most significant work in the field argued in
1939 that an individual's personality has no relevance to a tendency to commit such
crimes.
Somewhat, he said, economic crimes create from the situations and social bonds
within an organization, not from the biological and psychological features of the
individual.
Sutherland also made the useful and obvious, observation that criminality is not
limited to the lower classes and to social misfits but spreads out, particularly where
financial fraud is concerned, to upper-class, socially well-adjusted people.
Over the many decades since White Collar Crime was published, convincing
studies have concluded that two aspects should be kept in mind while analyzing the
psychology and personality of the fraudster: The natural abilities of an individual,
which differ widely and influence behavior, including social behavior.
The social abilities that are derived from people and in turn shape how the
individual deals with other people from these studies of psychology, two common
forms of financial fraudster have been noted. Calculating criminals who want to
compete and to affirm themselves. Situation-dependent criminals who are anxious
to protect themselves, their families, or their businesses from a disaster
Since these studies were published, a third form of criminal has appeared out of
disastrous business failures and humiliations. We will call them power brokers.
behavior was illegal. He responded: "Illegal? Yes, but not criminal. Criminal action
means hurting someone and we did not do that."
It is critical to an understanding of the psychology of such people to accept this key
point: most of them carry out their frauds with no intention of doing harm, and
they believe-they are able to convince themselves-that what they're doing is not
wrong. These people may even convince themselves that what they're doing is for
the good of the company and everyone associated with it, including employees,
investors, creditors, and other constituencies.
Or they may believe that they deserve the spoils they seize because they rationalize
their crimes as immaterial, innocent, or deserved-but not wrong. In most cases,
they start small, but with time as the fraud grow in size, usually encompassing
more than one scheme.
As auditors continue to focus on the fact that smart people do dumb things and on
the conditions under which white-collar criminals may act, auditors may be able to
better select transactions worthy of expanded testing and know also how to
evaluate the results of those tests.
Organic hypothesis suggests that degenerate conduct is "characteristic" and present
during childbirth. For instance, contemplates have demonstrated that there is a
measurably huge relationship between levels of testosterone and hostility, showing
that larger amounts of this concoction in the body prompt to more freak vicious
conduct. Mental hypothesis talks about how mental inadequacies add to guiltiness.
The works of Sigmund Freud are the establishment of a large number of these
standards which concentrate on degenerate conduct as the consequence of
anomalies and unsettling influences inside an individual's mental cosmetics.
At long last, sociological hypotheses put accentuation on ecological components as
the fundamental driver of freak conduct. These three school of criminological
thought have been all around connected by analysts and criminologists in other
criminal ranges, for example, murder, theft and attack, yet there has been an
absence of utilization toward protection misrepresentation guilty parties.
There is solid proof in the application and utilization of each of the three
criminological schools of thought, be that as it may, my examination has
uncovered that the sociological point of view would be the most appropriate in a
counter misrepresentation setting. How about we dig into two particular
sociological hypotheses, remember their appropriateness in counter
misrepresentation approaches.
Conclusion:
As auditors focus on the number of people they encounter in the course of an audit,
they would probably agree that a great many of those people would no doubt have
opportunities to commit fraud. How many others also have the undisclosed
incentive and ability to rationalize that are demonstrably part of the fraud triangle.
There is no easy way to judge this.
In the design of controls to prevent financial crime and in the performance of audit
procedures, it is important to keep in mind the expression, "Locks on doors keep
out honest people." Predators, as noted earlier, have a good chance of
circumventing most of the controls a company puts in place.
Fraud deterrence and detection controls are designed, theoretically, to stop
everyone else, but they won't, because it is unrealistic to expect controls that can be
designed to stop everyone. Collusion, for example, may well defeat a welldesigned control and may not be detected in a timely manner by individuals
performing daily control activities.
The best fraud deterrence mechanism is simple: create the expectation in your
organization that wrongdoers will be caught and that punishment will be swift and
commensurate with the offense. The emphasis on expectation is important. It can
be brought about in a number of ways.
Effective training and education on the importance of ethical conduct, background
checks on all employees, regular fraud audits by forensic accounting investigators,
and a strong internal control system are among the means. To create that
perception, employees must also be well aware that their activities are being
monitored, and all employees with access to financial assets and transactions must
have a healthy respect for the robustness of the control system. If employees
believe they will be caught and punished for wrongdoing, that belief may be
enough to keep them from adding rationalization to incentive and opportunity.
What is obvious from the writing is that the danger of extortion is a result of both
identity what's more, ecological or situational factors. This has two suggestions for
comprehension extortion hazard. Initially, it implies that people will change in their
penchant to submit extortion even when they are liable to comparative ecological
weights. Second, it implies that circumstances will change in their effect on people
as indicated by the innate hazard elements at any given time.
Generally as there are probably going to be high-to low risk people, there are
moreover liable to be high-to generally safe circumstances.
As people move starting with one environment then onto the next, the likelihood of
extortion conduct likewise changes. There are probably going to be situational
conditions that would demoralize everything except the most hopeless individuals
from conferring extortion.
Then again, there are circumstances that urge extortion to the point that indeed,
even the normal individual is at hazard of taking part in it. Distinguishing proof of
extortion hazard is still in its earliest stages.
Couple of classifications of offenses experiences the ill effects of the same
shortage of mental profiles of wrongdoers as misrepresentation and white-collar
wrongdoing by and large. More research is required some time recently
indisputably characterizing which identity characteristics or disarranges make up
trademark inclinations toward misrepresentation.
In the interim, as well as can be expected be done is to indicate identity attributes
and inspiring variables that might be related with an expanded danger of
misrepresentation.
Shockingly, these attributes (for instance, narcissism) and inspirations (for case, a
need to illustrate predominance over others) too impact a lot of honest to goodness,
surely attractive, conduct in expert and corporate settings. Thus, they are not
generally agreeable to approach intercession.