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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 February 1998

Rocco R. Vanasco

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect…

27164

Abstract

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect fraud, domestically and abroad. Specifically, it focuses on the role played by the US Securities and Exchange Commission (SEC), the American Institute of Certified Public Accountants (AICPA), the Institute of Internal Auditors (IIA), the Institute of Management Accountants (IMA), the Association of Certified Fraud Examiners (ACFE), the US Government Accounting Office (GAO), and other national and foreign professional associations, in promulgating auditing standards and procedures to prevent fraud in financial statements and other white‐collar crimes. It also examines several fraud cases and the impact of management and employee fraud on the various business sectors such as insurance, banking, health care, and manufacturing, as well as the role of management, the boards of directors, the audit committees, auditors, and fraud examiners and their liability in the fraud prevention and investigation.

Details

Managerial Auditing Journal, vol. 13 no. 1
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 1 April 1997

David S. Friedman

In the USA, unlike Germany, Japan, and many other nations, victims ordinarily play a very limited role in the prosecution of crimes. Indeed, victims have so little prosecutorial…

Abstract

In the USA, unlike Germany, Japan, and many other nations, victims ordinarily play a very limited role in the prosecution of crimes. Indeed, victims have so little prosecutorial authority that a growing ‘victims' rights‘ movement calls for constitutional amendments to give victims more control over criminal trials. Yet American law features some important exceptions to this general rule — for many environmental and white‐collar crimes, private citizens can bring actions to enforce the law. What makes these actions unique is the absence of ‘standing’ requirements that oblige the plaintiff to demonstrate that he or she was directly harmed by the criminal's actions.

Details

Journal of Financial Crime, vol. 5 no. 2
Type: Research Article
ISSN: 1359-0790

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: 1 February 2001

James Fisher, Ellen Harshman, William Gillespie, Henry Ordower, Leland Ware and Frederick Yeager

In late 1999, Congress enacted financial modernisation legislation that dramatically deregulated the financial services industry and expanded the powers of financial institutions…

Abstract

In late 1999, Congress enacted financial modernisation legislation that dramatically deregulated the financial services industry and expanded the powers of financial institutions in the USA. In keeping with this deregulation and expanded powers, the regulatory landscape and enforcement mechanisms also changed. While many applaud this legislation, others point to previous US experience where financial deregulation overwhelmed federal regulators and resulted in massive failures of financial institutions and, consequently, in huge federal bailouts. The authors examine here the prospect of supplementing regulation with certain forms of private intervention. Specifically, they address the question: is there a role for whistleblowing and bounty hunting as means of supplementing existing regulation in the financial services industry?

Details

Journal of Financial Crime, vol. 8 no. 4
Type: Research Article
ISSN: 1359-0790

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…

1827

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

Article
Publication date: 1 March 2010

Robert N. Roberts

The article examines the potential impact of FAR Subpart 3:10, Contractor Code of Business Ethics and Conduct on the system for regulating defense procurement integrity. The…

Abstract

The article examines the potential impact of FAR Subpart 3:10, Contractor Code of Business Ethics and Conduct on the system for regulating defense procurement integrity. The article argues that the adoption of the new Contractor Code of Business Ethics and Conduct will not change the already heavy emphasis placed on full compliance with criminal and civil statutes directed at protecting procurement integrity. The article also argues that the defense procurement integrity program should devote equal attention to adoption of non-criminal standards of conduct directed at assuring the impartiality and objectivity of contractor employees. Finally, the article argues that in order to rebuild public trust in contractor employees the FAR Council should require contractor employees who perform duties similar to full-time federal employees to comply with a new uniform set of non-criminal standards of conduct rules directed at assuring the impartiality and objectivity of contractor employees.

Details

Journal of Public Procurement, vol. 10 no. 2
Type: Research Article
ISSN: 1535-0118

Article
Publication date: 1 June 1999

Rocco R. Vanasco

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing…

17277

Abstract

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing profession, but also in international law. The Acts raised awareness of the need for efficient and adequate internal control systems to prevent illegal acts such as the bribery of foreign officials, political parties and governments to secure or maintain contracts overseas. Its uniqueness is also due to the fact that the USA is the first country to pioneer such a legislation that impacted foreign trade, international law and codes of ethics. The research traces the history of the FCPA before and after its enactment, the role played by the various branches of the United States Government – Congress, Department of Justice, Securities Exchange commission (SEC), Central Intelligence Agency (CIA) and the Internal Revenue Service (IRS); the contributions made by professional associations such as the American Institute of Certified Public Accountants (AICFA), the Institute of Internal Auditors (IIA), the American Bar Association (ABA); and, finally, the role played by various international organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO) and the International Federation of Accountants (IFAC). A cultural, ethical and legalistic background will give a better understanding of the FCPA as wll as the rationale for its controversy.

Details

Managerial Auditing Journal, vol. 14 no. 4/5
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 26 August 2014

Mary E. Schramm, Jennifer L. Herbst and Angela Mattie

The purpose of the study is to review The False Claims Act (FCA) settlements and challenges facing the industry to suggest the motivation behind firms’ alleged fraudulent…

Abstract

Purpose

The purpose of the study is to review The False Claims Act (FCA) settlements and challenges facing the industry to suggest the motivation behind firms’ alleged fraudulent activity. FCA has been applied against pharmaceutical companies by the US Government to combat marketing fraud including kickbacks, improper pricing and off-label promotion. The interests of the US Government and medical professionals are also considered. Changes to the law governing pharmaceutical marketing practices are recommended.

Design/methodology/approach

Cases settled under the FCA between 2005 and 2012 were identified by accessing the US Department of Health and Human Services (DHHS) Corporate Integrity Agreements Web site and annual reports and the quitamhelp.com Web site. Case details were collected from US Department of Justice press releases, DHHS annual reports, and case documents in the Public Access to Court Electronic Records database.

Findings

Of the settled cases in the final sample, improper pricing practices were evident in 33 per cent of the cases; off-label promotion in 52 per cent; and both in 15 per cent of the cases. Forty-eight per cent of the alleged fraudulent marketing activity occurred within the brands’ first year and 68 per cent within the first two years on the market. Reported settlements ranged from US$4 million to US$4.3 billion.

Originality/value

This research simultaneously considers business issues facing the pharmaceutical industry and alleged fraudulent marketing activity to recommend changes to the law governing drug promotion. Changes have the potential to improve the balance between the respective interests of industry, medicine and government and to improve compliance and patient care in the future.

Details

International Journal of Pharmaceutical and Healthcare Marketing, vol. 8 no. 3
Type: Research Article
ISSN: 1750-6123

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…

3891

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

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