Search results

1 – 10 of over 14000
Article
Publication date: 9 January 2007

Carl Pacini, Li Hui Qiu and David Sinason

This paper seeks to provide auditors, forensic accountants, investigators, regulators, financial managers, lawyers, law enforcement personnel, academics, and others with a basic…

721

Abstract

Purpose

This paper seeks to provide auditors, forensic accountants, investigators, regulators, financial managers, lawyers, law enforcement personnel, academics, and others with a basic overview of the steps in and elements of a qui tam legal claim, limitations on a qui tam claim, protection for a whistleblower employee, and the role of qui tam litigation in the fight against fraud.

Design/methodology/approach

A sample of types of recent qui tam fraud cases is highlighted for the reader. The steps in filing a qui tam claim are described along with the limitations of pursuing such a lawsuit. The paper includes a statutory and legal case study analysis of each required element of proof in a qui tam claim. Analysis of actual qui tam court cases illustrates the importance of private civil lawsuits in combating fraud committed against the US Government.

Findings

This paper provides readers with information about the substantial recoveries earned by successful qui tam plaintiffs. Also, the necessary steps in and elements of a qui tam suit are revealed. Technical legal details of various federal court rulings are distilled for readers. The important role of this unique type of lawsuit in the arsenal of those who fight against government fraud is emphasized.

Originality/value

This paper fills an identified need to inform those involved in the fight against economic crime about an important tool that uncovers and deters fraud against the federal government.

Details

Journal of Financial Crime, vol. 14 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 23 June 2020

Nicole F. Stowell, Carl Pacini, Martina K. Schmidt and Nathan Wadlinger

This study aims to increase awareness and educate the reader about health-care fraud targeting seniors in the USA to help stakeholders better understand, recognize and prevent…

Abstract

Purpose

This study aims to increase awareness and educate the reader about health-care fraud targeting seniors in the USA to help stakeholders better understand, recognize and prevent this type of fraud.

Design/methodology/approach

This paper collects statistics on the current state of health care frauds committed against seniors, and examines related cases and laws.

Findings

The authors find this type of fraud is highly prevalent and expected to increase. Current laws preventing this fraud from occurring are multifold and complex. While prevention strategies through law enforcement have been somewhat successful, a reduction in resources may put seniors at an increased risk in the years to come.

Research limitations/implications

Without additional prevention strategies, the problem will likely escalate with a growing population of older adults. This study encourages further research into effective prevention strategies and methods to fight health-care fraud against seniors.

Practical implications

Health-care fraud and its associated costs pose a significant threat to the society and economy of the USA. Reducing this fraud will not only reduce the costs to the US economy but also improve the physical and mental well-being of senior victims, reduce their mortality and hospitalization rates and improve the public trust placed to health-care providers.

Originality/value

This study highlights how health-care fraud is committed against seniors. With the projected trend of an aging US population, educating stakeholders, increasing awareness and applying tools to protect seniors will be important to reduce the absolute scope of this problem in the future.

Article
Publication date: 1 June 1990

Howard Johnson

It is undoubtedly the case that advertising plays a significant part in modern economic life in most societies and many view it as an essential part of the operation of a free…

Abstract

It is undoubtedly the case that advertising plays a significant part in modern economic life in most societies and many view it as an essential part of the operation of a free market system. Yet it is also the case that our knowledge of how exactly it works and whether the vast amounts spent on it are justified is still uncertain. Lord Leverhulme, the founder of Lever Brothers, is credited with the famous aphorism — ‘one half of advertising does not work but nobody knows which half’ and that perhaps sums up the situation very well. One thing that is generally accepted is that some protection must be provided both to consumers and trade competitors from false or misleading advertising which can lead to market distortions and economic loss to purchasers. Increasingly controversial, however, is the scope and extent of legal and voluntary controls on advertising. In the advertising industry fears are rising about the volume of both national and EEC proposals to restrict or limit advertising and as we move from the '80s, a decade of conspicuous consumption in which advertising flourished, to the caring '90s where environmental issues are to the fore, the advertising industry faces major challenges. Advertising as a whole is facing severe economic and legal challenges after the massive expansion of the 1980's — it is estimated that there was a 4% fall in real terms in UK advertising expenditure in the first quarter of 1990 and an estimated 5% fall in the second quarter. Clients are becoming more demanding and the cosy cartel arrangement whereby advertising agencies made a 15% standard commission on a client's expenditure has gone — commissions are down to 12%‐13% or being replaced by fixed fees. It has been estimated by the Advertising Association that proposed legal restrictions could lead to a loss of £1 bn in revenue for the industry. Multi‐farious pressure groups are campaigning against drink advertising, cigarette advertising and sexism in adverts. The advertising industry's concerns are reflected in a recent report by the Advertising Association — ‘A Freedom Under Threat — Advertising in the EC’. The report indicates a number of areas where legislative controls have been introduced or are proposed to be introduced over the next few years and expresses the fear that controls may be going too far in limiting freedom of ‘commercial speech’. Martin Boase, chairman of the Advertising Association writes in his introduction to the report:

Details

Managerial Law, vol. 32 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 14 January 2019

Tracy Tuten and Victor Perotti

The purpose of this study is to illustrate the influence of media coverage and sentiment about brands on user-generated content amplification and opinions expressed in social…

8030

Abstract

Purpose

The purpose of this study is to illustrate the influence of media coverage and sentiment about brands on user-generated content amplification and opinions expressed in social media.

Design/methodology/approach

This study used a mixed-method approach, using a brand situation as a case example, including sentiment analysis of social media conversations and sentiment analysis of media coverage. This study tracks the diffusion of a false claim about the brand via online media coverage, subsequent spreading of the false claim via social media and the resulting impact on sentiment toward the brand.

Findings

The findings illustrate the influence of digital mass communication sources on the subsequent spread of information about a brand via social media channels and the impact of the social spread of false claims on brand sentiment. This study illustrates the value of social media listening and sentiment analysis for brands as an ongoing business practice.

Research limitations/implications

While it has long been known that media coverage is in part subsequently diffused through individual sharing, this study reveals the potential for media sentiment to influence sentiment toward a brand. It also illustrates the potential harm brands face when false information is spread via media coverage and subsequently through social media posts and conversations. How brands can most effectively correct false brand beliefs and recover from negative sentiment related to false claims is an area for future research.

Practical implications

This study suggests that brands are wise to use sentiment analysis as part of their evaluation of earned media coverage from news organizations and to use social listening as an alert system and sentiment analysis to assess impact on attitudes toward the brand. These steps should become part of a brand’s social media management process.

Social implications

Media are presumed to be impartial reporters of news and information. However, this study illustrated that the sentiment expressed in media coverage about a brand can be measured and diffused beyond the publications’ initial reach via social media. Advertising positioned as news must be labeled as “advertorial” to ensure that those exposed to the message understand that the message is not impartial. News organizations may inadvertently publish false claims and relay information with sentiment that is then carried via social media along with the information itself. Negative information about a brand may be more sensational and, thus, prone to social sharing, no matter how well the findings are researched or sourced.

Originality/value

The value of the study is its illustration of how false information and media sentiment spread via social media can ultimately affect consumer sentiment and attitude toward the brand. This study also explains the research process for social scraping and sentiment analysis.

Details

Qualitative Market Research: An International Journal, vol. 22 no. 1
Type: Research Article
ISSN: 1352-2752

Keywords

Article
Publication date: 16 November 2015

Ross D. Petty

The purpose of this article is to examine the US history of advertising regulation, both formal and informal and public and private – particularly focused on advertising that is…

1095

Abstract

Purpose

The purpose of this article is to examine the US history of advertising regulation, both formal and informal and public and private – particularly focused on advertising that is likely to mislead consumers about attributes, characteristics or performance of advertised products.

Design/methodology/approach

This research examines both primary sources such as legal challenges and contemporary writings as well as secondary sources.

Findings

Although early court decisions were reluctant to find advertising to be dishonest, the Post Office was the first government agency to challenge blatantly false advertisements through criminal prosecution. At the end of the 1800s, the nascent advertising industry developed an interest in regulating truthfulness to enhance advertising credibility. It proposed a model state criminal code and advertising clubs, followed by local Better Business Bureaus, began to informally resolve advertising dispute. In 1914, the Federal Trade Commission (FTC) was established with authority to prevent unfair methods of competition which it used to challenge advertising that was likely to injure competitors. This authority was later expanded to cover advertising that was likely to mislead consumers regardless of competitive injury. The FTC experimented with trade association advertising provisions and expanding its concepts and tools overtime until a period of retrenchment in the 1980s that set the foundations of modern advertising regulation.

Originality/value

This is the first treatment of advertising regulatory history that simultaneously covers and compares various sources of advertising regulation to develop a comprehensive exposition of advertising regulation history.

Details

Journal of Historical Research in Marketing, vol. 7 no. 4
Type: Research Article
ISSN: 1755-750X

Keywords

Article
Publication date: 16 August 2021

Farzana Quoquab, Rames Sivadasan and Jihad Mohammad

This study aims to measure the greenwash construct in the sustainable property development (GSPD) context. Property development products such as residential homes, which are…

3870

Abstract

Purpose

This study aims to measure the greenwash construct in the sustainable property development (GSPD) context. Property development products such as residential homes, which are generally high-priced, require a long-term financial commitment from the consumers. It makes the property development sector unique. Hence, a specific scale is required to measure greenwash activities in this specific context by the marketers. However, the scale available to measure the greenwash construct is general which is not suitable to use in this particular context. The present study is an attempt to fill this gap in the literature.

Design/methodology/approach

Three studies were conducted to develop the GSPD measure in different phases. In developing the scale, qualitative interviews (study 1) were conducted to generate the initial pool of items. The preliminary set of questions were then validated (content and face validity) by experts' opinions. Exploratory factor analysis (using SPSS) was conducted to extract the factor structure of the newly developed measure (study 2) which was then again validated to ensure predictive reliability and nomological validity by using the SEM-PLS technique (study 3).

Findings

The exploratory factor analysis result revealed that greenwash in sustainable property development (GSPD) is a multi-dimensional construct. The dimensions are namely, false claims and misleading claims. The confirmatory composite analysis confirmed these two dimensions.

Practical implications

This newly developed GSPD scale will enable the researchers to measure the greenwash activities practiced by some of the housing developers. Marketers will be conscious to avoid such activities. Moreover, the government agencies may use this scale to monitor measure and deter greenwashing activities by property development companies.

Originality/value

This is a pioneer study that develops and validates a new scale to measure greenwash construct in sustainable property development in a developing context i.e. Malaysia. In addition, this study operationalized the greenwash construct in sustainable property development as a multi-dimensional behavioural construct determined by two dimensions i.e. false claims and misleading claims.

Details

Asia Pacific Journal of Marketing and Logistics, vol. 34 no. 4
Type: Research Article
ISSN: 1355-5855

Keywords

Article
Publication date: 28 August 2019

Anouk de Regt, Matteo Montecchi and Sarah Lord Ferguson

Diffusion of fake news and pseudo-facts is becoming increasingly fast-paced and widespread, making it more difficult for the general public to separate reliable information from…

4321

Abstract

Purpose

Diffusion of fake news and pseudo-facts is becoming increasingly fast-paced and widespread, making it more difficult for the general public to separate reliable information from misleading content. The purpose of this article is to provide a more advanced understanding of the underlying processes that contribute to the spread of health- and beauty-related rumors and of the mechanisms that can mitigate the risks associated with the diffusion of fake news.

Design/methodology/approach

By adopting denialism as a conceptual lens, this article introduces a framework that aims to explain the mechanisms through which fake news and pseudo-facts propagate within the health and beauty industry. Three exemplary case studies situated within the context of the health and beauty industry reveal the persuasiveness of these principles and shed light on the diffusion of false and misleading information.

Findings

The following seven denialistic marketing tactics that contribute to diffusion of fake news can be identified: (1) promoting a socially accepted image; (2) associating brands with a healthy lifestyle; (3) use of experts; (4) working with celebrity influencers; (5) selectively using and omitting facts; (6) sponsoring research and pseudo-science; and (7)exploiting regulatory loopholes. Through a better understanding of how fake news spreads, brand managers can simultaneously improve the optics that surround their firms, promote sales organically and reinforce consumers’ trust toward the brand.

Originality/value

Within the wider context of the health and beauty industry, this article sets to explore the mechanisms through which fake news and pseudo-facts propagate and influence brands and consumers. The article offers several contributions not only to the emergent literature on fake news but also to the wider marketing and consumer behavior literature.

Details

Journal of Product & Brand Management, vol. 29 no. 2
Type: Research Article
ISSN: 1061-0421

Keywords

Book part
Publication date: 7 September 2012

James Langenfeld and Brad Noffsker

In a number of recent multi-billion dollar cases brought against cigarette manufacturers, plaintiffs have in part alleged that the cigarette manufacturers (1) conspired not to…

Abstract

In a number of recent multi-billion dollar cases brought against cigarette manufacturers, plaintiffs have in part alleged that the cigarette manufacturers (1) conspired not to compete on the basis of health claims or the introduction of potentially safer cigarettes since the 1950s, and (2) engaged in fraudulent advertising by making implied health claims in advertisements selling ‘low tar’/‘light’ cigarettes. In this type of litigation, defendants’ actions could be due to alleged illegal behaviour as asserted by plaintiffs, or be the result of market forces that may have nothing to do with allegedly inappropriate acts. We examine the economic evidence relating to these allegations, taking into account some of the major influences on cigarette company behaviour. In particular, our analyses show that much of the cigarette manufactures’ behaviour can be explained by Federal Trade Commission and related government actions, rather than conspiracy or fraudulent acts. We find the economic evidence is inconsistent with an effective conspiracy to suppress information on either smoking and health or the development and marketing of potentially safer cigarettes. Regarding ‘lower tar’ and ‘light’ cigarettes, the economic evidence indicates that the cigarette manufacturers responded to government and public health initiatives, and that disclosing more information on smoking compensation earlier than the cigarette companies did would not have had any significant impact on smoking behaviour.

Details

Research in Law and Economics
Type: Book
ISBN: 978-1-78052-898-4

Keywords

Book part
Publication date: 6 September 2021

Christian Fuchs

This chapter deals with the question: What is a conspiracy theory? It provides a concept of conspiracy theories and situates conspiracy theories in the context of COVID-19.In…

Abstract

This chapter deals with the question: What is a conspiracy theory? It provides a concept of conspiracy theories and situates conspiracy theories in the context of COVID-19.

In order to understand how COVID-19 conspiracy theories work, one requires a theoretical concept of conspiracy theories. The developed understanding is especially grounded in Frankfurt School critical theory. Section 2 of this chapter works out a critical theory concept of conspiracy theories. Section 3 is an introduction to the communication of COVID-19 conspiracy theories.

Details

Communicating COVID-19
Type: Book
ISBN: 978-1-80117-720-7

Keywords

Article
Publication date: 1 October 2018

Nicole F. Stowell, Martina Schmidt and Nathan Wadlinger

The purpose of this paper is to make readers aware of the extensiveness of healthcare fraud in the USA and how it involves and affects the government, healthcare providers…

1815

Abstract

Purpose

The purpose of this paper is to make readers aware of the extensiveness of healthcare fraud in the USA and how it involves and affects the government, healthcare providers, insurance companies, patients and the public. In addition, recommendations are made that may help control this pervasive type of fraud.

Design/methodology/approach

A range of different journal publications, information from government health institutions and law enforcement websites, healthcare fraud cases and healthcare laws are used as a basis to provide information about how fraudsters are committing healthcare fraud and how to prevent this fraud from occurring.

Findings

Despite increased funding and prosecution efforts by the government, healthcare fraud continues to be a major threat to the US economy and public. While healthcare fraud will never be eradicated, specific efforts can be deployed to help rein in these complex fraud schemes.

Practical implications

The paper provides a useful resource of information on healthcare fraud for healthcare providers, insurance companies, patients and the public that may help combat healthcare fraud and prevent financial losses.

Social implications

Every dollar saved from combating fraud could be used to improve access to more or better health services and can, thereby, save lives.

Originality/value

This paper provides recommendations regarding healthcare fraud that could help prevent this large drain on the US economy.

Details

Journal of Financial Crime, vol. 25 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

1 – 10 of over 14000