Understanding Crime Flashcards
According to the authors of Crimes of the Middle Classes, advertising influences economic crimes by promising that no one has to settle for second best.
A. True
B. False
A. True
See pages 4.211 in the Fraud Examiner’s Manual
The authors of Crimes of the Middles Classes observe an overarching culture based on affluence and ever-higher levels of success. Media sources, and advertising in general, promise that no one has to settle for second best, prompting those who find themselves running behind to make an attempt to conceal the difference, crossing ethical and sometimes legal lines.
Misbehavior is less likely to be detected and punished in a complex organizational structure than in a simple organizational structure.
A. True
B. False
A. True
See pages 4.217 in the Fraud Examiner’s Manual
Complex companies provide a structure that can encourage misbehavior. They provide many settings where misconduct is possible. They isolate those settings in departments and in locations around a city, a country, or the world. This isolation, in turn, means that information about what one part of a company is doing might be unknown in another part. All this reduces the risk that misbehavior will be detected and punished. The larger a company grows, the more specialized its subunits tend to become, and this specialization thereby breeds a higher risk of fraud. An internally diversified company might have few employees who fully understand the detailed workings.
Additionally, specialization tends to hide illegal activities, especially where a firm’s tasks are kept separate and unrelated. Employees cannot gather knowledge about all the particulars of how a firm works. This protects a company from the effects of personnel turnover and leaks of information because no employee knows all the details of the company. The same secrecy, however, raises the chances for misconduct.
The managements from several IT consulting firms conspire to take turns submitting the lowest bids for all contracts in their area; this is considered an organizational crime.
A. True
B. False
A. True
See pages 4.214 in the Fraud Examiner’s Manual
Organizational crime is that which is committed by businesses, particularly corporations, and the government. In contrast, occupational crime involves illegal actions committed by individuals during their occupation. An antitrust offense, such as bid rigging or price fixing, would be an organizational crime; accepting or offering bribes is an occupational offense.
Organizational crime occurs in the context of complex relationships and expectations among boards of directors, executives, and managers on one hand and among parent corporations, corporate divisions, and subsidiaries on the other.
A behaviorist view of the workplace advocates the use of incentive programs and task-related bonuses to deter employees from ethical and legal violations.
A. True
B. False
A. True
See pages 4.103-4.104 in the Fraud Examiner’s Manual
Emotions, according to behavioral pioneer B. F. Skinner, are a predisposition for people’s actions. Since the emotional associations of any event are important factors in conditioning behavior, the associations can be manipulated in conditioning the behavior. The behaviorist view proposes that, when managers are faced with disgruntled employees, they can modify these emotional circumstances with adequate compensation and recognition of workers’ accomplishments. Incentive programs and task-related bonuses follow this principle, assuming that employees who feel challenged and rewarded by their jobs will produce more work at a higher quality and are less likely to violate the law.
According to the social control theory, the more important that social relationships are to a person, the less likely it is that the person will commit crimes.
A. True
B. False
A. True
See pages 4.125 in the Fraud Examiner’s Manual
According to Travis Hirschi, social control theory “assumes the bond of affection for conventional persons is a major deterrent to crime. The stronger this bond, the more likely the person is to take it into account when and if he contemplates a criminal act.” The theory suggests that people confronted with the possibility of violating a law are likely to ask themselves questions such as, “What will my family or friends think if they find out?” Individuals believe that other people whose opinions are important to them will be disappointed or ashamed, and to the extent that they care deeply that these people will feel this way, they will be deterred from committing a criminal act.
According to the differential reinforcement theory, behavior is strengthened through positive or negative reinforcement and weakened through punishment.
A. True
B. False
A. True
See pages 4.126 in the Fraud Examiner’s Manual
According to the differential reinforcement theory, people learn social behavior by operant conditioning—behavior controlled by stimuli that occur after the behavior. Behavior is reinforced when rewards are gained (positive reinforcement) or punishment is avoided (negative reinforcement). It is weakened by negative stimuli (punishment) and loss of reward (punishment). Whether deviant or criminal behavior begins or persists depends on the degree to which it has been rewarded or punished, as well as the rewards or punishments attached to its alternatives.
To show appreciation for an employee’s hard work, a manager exempts the individual from several undesirable administrative tasks. This is an example of positive reinforcement.
A. True
B. False
B. False
See pages 4.102 in the Fraud Examiner’s Manual
Reinforcement and punishment of behavior are distinguished by the way that positive and negative forces are applied. A positive reinforcement presents a positive stimulus in exchange for the desired response. For example, a parent might say to a child, “You have cleaned your room. Good. Here is the key to the car.” The behavior (cleaning) is reinforced by the awarding of the positive stimulus (the car key). In contrast, a negative reinforcement withdraws a negative stimulus in exchange for the desired response. Continuing the example, the parent might say, “I will stop hassling you if you clean this room.” The negative stimulus (hassling) is withdrawn when the appropriate behavior is performed.
As a strategy to control crime, _________ is designed to achieve conformity to the law by providing economic incentives for voluntary adherence to the law and using administrative efforts to control violations before they occur.
A. Prevention
B. Deterrence
C. Compliance
D. None of the above
C. Compliance
See pages 4.229 in the Fraud Examiner’s Manual
As a strategy to control crime, compliance is designed to achieve conformity to the law without having to detect, process, or penalize violators. Compliance systems provide economic incentives for voluntary compliance to the laws and use administrative efforts to control violations before they occur.
However, compliance strategies have been criticized by some criminologists. These experts believe that such strategies have little effect, as sanctions are imposed after the infraction occurs. Since economic penalties are common punishments for violators, these penalties are of little consequence in the case of large, wealthy corporations.
According to Occupational Fraud 2022: A Report to the Nations, what was the MOST COMMON behavioral red flag displayed by perpetrators prior to the discovery of their frauds?
A. Complaining about lack of authority
B. Divorce or family problems
C. Living beyond their means
D. Addiction problems
C. Living beyond their means
See pages 4.265 in the Fraud Examiner’s Manual
As part of the study for Occupational Fraud 2022: A Report to the Nations, survey respondents were presented with a list of common warning signs and asked which, if any, were displayed by the perpetrator prior to the discovery of the fraud. The most frequently cited behavioral red flag in the reported cases involved fraudsters living beyond their financial means. This warning sign was noted in 39% of all cases in the study.
Human beings’ innate instinct to do as they are instructed and obey authority figures can result in otherwise ethical employees committing a crime on their organization’s behalf.
A. True
B. False
A. True
See pages 4.222-4.223 in the Fraud Examiner’s Manual
Organizations display criminogenic tendencies due to their reinforcement of obedience to people in positions of authority. Human beings have an innate instinct to do as they are instructed. Although individuals generally have an internal balance that gives equal weight to obeying authority and adhering to one’s own personal conscience and understanding of right and wrong, certain situations might arise in the workplace that cause obedience to be perceived as the more favorable action. For example, employees might receive a command from someone whom they view as an authority figure that might cause them to take a potentially bad or harmful course of action to comply with the command. Individuals who are otherwise ethical might commit wrongdoing to please management or another figure of authority because they feel they have no other choice.
In hierarchal organizations that encourage obedience and engage in fraudulent behavior at the highest levels, lower-level staff members’ resistance to disobey people in positions of authority can result in them feeling like they must take part in the fraudulent behavior, even when such behavior is inconsistent with their personal moral code. In an experiment conducted by Dr. Stanley Milgram, a social psychologist, over 60% of the participants were willing to shock another person when pushed to do so by an authority figure; thus, it is reasonable to expect that a similar percentage of people will commit fraud when ordered to do so by their superiors in the workplace.
Which of the following is NOT one of the ways that businesses rationalize illegal conduct according to Silk and Vogel’s research?
A. Government regulations are unjustified because the additional costs of regulations and bureaucratic procedures significantly decrease profits.
B. Corporate violations that involve large sums of money often target a very small number of victims who are able to absorb the sizable losses.
C. Regulation is unnecessary because the matters being regulated are unimportant.
D. Violations aim to protect the value of stock and ensure an adequate return for stockholders.
B. Corporate violations that involve large sums of money often target a very small number of victims who are able to absorb the sizable losses.
See pages 4.225 in the Fraud Examiner’s Manual
In their research, Silk and Vogel found several beliefs used by businesses to rationalize illegal conduct:
- Government regulations are unjustified because the additional costs of regulations and bureaucratic procedures significantly decrease profits.
- Regulation is unnecessary because the matters being regulated are unimportant.
- Although some corporate violations involve large sums of money, the damage is so spread among a large number of consumers that, individually, there is little loss.
- Violations are caused by economic necessity; they aim to protect the value of stock, to ensure an adequate return for stockholders, and to protect the job security of employees by ensuring the financial stability of the corporation.
Cressey found that embezzlers’ offenses are motivated by situations that either threaten their status or threaten to prevent them from achieving a higher status.
A. True
B. False
A. True
See pages 4.234 in the Fraud Examiner’s Manual
Through his research, Cressey found that the non-shareable problems encountered by the people he interviewed arose from situations that could be divided into six basic categories: violation of ascribed obligations, problems resulting from personal failure, business reversals, physical isolation, status gaining, and employer-employee relations. All these situations in some way dealt with status-seeking or status-maintaining activities by the subjects. In other words, the non-shareable problems threatened the status of the subjects or threatened to prevent them from achieving a higher status than the one they occupied at the time of their violation.
Which of the following is one of the three elements that have the most influence on crime according to the routine activities theory?
A. The availability of suitable targets
B. The presence of motivated offenders
C. The absence of capable guardians
D. All of the above
D. All of the above
See pages 4.118 in the Fraud Examiner’s Manual
Routine activities theory, a variation of classical theory, asserts that both the motivation to commit crime and the supply of offenders is constant. There will always be a certain number of people, motivated by greed, lust, and other forces, who are inclined toward lawbreaking. The determining factor, particularly in predatory crimes, such as those involving violence and theft, are the activities of potential victims. There are three important elements that influence crime:
- The availability of suitable targets, such as companies and individuals
- The absence of capable guardians, such as auditors and security personnel
- The presence of motivated offenders, such as unhappy or financially challenged employees
Routine activities theory states that crime occurs in specific instances where these three elements come together. For example, it predicts that crime is likely to occur when an employee (i.e., the motivated offender) has access to a company’s payroll (i.e., the suitable target) and there are few controls (i.e., capable guardians) to prevent the employee from embezzling money.
According to criminologist Charles McCaghy, _____________ is/are the single most compelling factor behind deviance by organizations.
A. Employee demands
B. Profit pressure
C. Government regulation
D. None of the above
B. Profit pressure
See pages 4.221-4.222 in the Fraud Examiner’s Manual
Criminologist Charles McCaghy says profit pressure is “the single most compelling factor behind deviance by industry, whether it be price fixing, the destruction of competition, or the misrepresentation of a product,” such as making a poor-quality product that will wear out and need to be replaced. Clinard and Yeager say certain industries, such as the drug and chemical businesses, have such severe competition and strong profit motivations due to demands for continual development of new products that they might feel pressured to falsify test data, market new products before their full effects are known, or engage in unethical sales techniques that can have disastrous effects on humans and the environment.
White-collar criminals are more likely to be fined than to face prison terms as punishment.
A. True
B. False
A. True
See pages 4.210 in the Fraud Examiner’s Manual
More often than prison, the punishment of choice for white-collar criminals is the imposition of fines. Whereas 6% of the “common criminals” in one notable survey received fines, all the antitrust violators received fines.
Which of the following is one of the ways Silk and Vogel found that businesses rationalize illegal or noncompliant conduct?
A. Compliance with government regulations is too costly
B. Violations aim to protect the job security of employees
C. The damage done by violations is spread among a large number of parties
D. All of the above
D. All of the above
See pages 4.225 in the Fraud Examiner’s Manual
In their research, Silk and Vogel found several beliefs used by businesses to rationalize illegal conduct:
- Government regulations are unjustified because the additional costs of regulations and bureaucratic procedures significantly decrease profits.
- Regulation is unnecessary because the matters being regulated are unimportant.
- Although some corporate violations involve large sums of money, the damage is so spread among a large number of consumers that, individually, there is little loss.
- Violations are caused by economic necessity; they aim to protect the value of stock, to ensure an adequate return for stockholders, and to protect the job security of employees by ensuring the financial stability of the corporation.
According to Occupational Fraud 2022: A Report to the Nations, most white-collar crime cases are referred to law enforcement for prosecution.
A. True
B. False
A. True
See pages 4.212 in the Fraud Examiner’s Manual
According to Occupational Fraud 2022: A Report to the Nations, the ACFE’s global study on occupational fraud and abuse, 58% of occupational fraud cases were referred to law enforcement for prosecution. Of those that were prosecuted, the majority (44%) pleaded guilty or no contest, and another 22% were convicted at trial. As the data show, most fraud cases brought to a court of law generally result in an unfavorable outcome for the offender.
A person’s social status plays no role in their ability to commit white-collar crime.
A. True
B. False
B. False
See pages 4.204 in the Fraud Examiner’s Manual
What is loosely called “class” or “social status” does have an effect on crimes. For example, one defendant used his position as chairperson of a local bank board to set up loans for his ailing wood chip company. The loans would never have been approved without the position’s influence, and the chairperson never reported the loans in the proxy statement to the bank’s shareholders.
Which of the following is considered a white-collar crime?
A. An accounting clerk steals incoming payments from customers and makes falsified journal entries to cover their tracks
B. A city official receives kickbacks for tailoring contract requirements to specific vendors
C. A stockbroker profits from trades made based on insider knowledge about a company
D. All of the above
D. All of the above
See pages 4.202 in the Fraud Examiner’s Manual
Although there is no academic consensus, one current definition of white-collar crime is that proposed by Albert J. Reiss, Jr., and Albert Biderman: “White-collar crime violations are those violations of law to which penalties are attached that involve the use of a violator’s position of economic power, influence, or trust in the legitimate economic or political institutional order for the purpose of illegal gain, or to commit an illegal act for personal or organizational gain.”
Sociologist Edward Gross has asserted that organizations’ reliance on profit makes them inherently prone to committing fraud.
A. True
B. False
A. True
See pages 4.219 in the Fraud Examiner’s Manual
Sociologist Edward Gross has asserted that all organizations are inherently “criminogenic” (i.e., prone to committing crime), but they are not necessarily criminal. Gross makes this assertion because of the reliance on the bottom line. Without necessarily meaning to, organizations can invite fraud as a means of obtaining goals. Economist Oliver Williamson noted that because of a department’s concern with reaching its goals, managers might maximize their department’s own interests to the detriment of the organization.
According to Occupational Fraud 2022: A Report to the Nations, most occupational frauds are committed by ___________; median losses are highest in frauds committed by ___________.
A. Owners/executives; managers
B. Employees; employees
C. Owners/executives; employees
D. Employees; owners/executives
D. Employees; owners/executives
See pages 4.260 in the Fraud Examiner’s Manual
According to Occupational Fraud 2022: A Report to the Nations, staff-level employees commit the most fraud schemes; ACFE’s study indicates that 37% of the cases were perpetrated by nonmanagement-level employees. The research also shows that there is a strong correlation between the fraud perpetrator’s level of authority and the size of the fraud. While owners/executives only committed 23% of the frauds in the study, the schemes committed by these individuals resulted in a median loss of $337,000, which was 2.5 times larger than the median loss caused by managers and 6 times larger than the median loss caused by low-level employees. A significant correlation between authority and fraud loss has been found in every edition of the report dating back to 1996. This correlation likely reflects the fact that high-level fraudsters tend to have greater access to an organization’s assets than low-level personnel. They might also have greater technical ability to commit and conceal fraud, and they may be able to use their authority to override or conceal their crimes in ways that low-level employees cannot.
According to the social control theory, an individual considering criminal behavior will likely ask themselves which of the following questions?
A. “What will my family or friends think if they find out?”
B. “What is the legal punishment if I get caught?”
C. “How likely is it that the crime will be detected?”
D. “In what way can I rationalize this behavior?”
A. “What will my family or friends think if they find out?”
See pages 4.125 in the Fraud Examiner’s Manual
According to Travis Hirschi, social control theory “assumes the bond of affection for conventional persons is a major deterrent to crime. The stronger this bond, the more likely the person is to take it into account when and if he contemplates a criminal act.” The theory suggests that people confronted with the possibility of violating a law are likely to ask themselves questions such as, “What will my family or friends think if they find out?” Individuals believe that other people whose opinions are important to them will be disappointed or ashamed, and to the extent that they care deeply that these people will feel this way, they will be deterred from committing a criminal act.
Which of the following statements BEST exemplifies the rationalization component of the Fraud Triangle?
A. “I need the money to repay my drug dealer so that no one will find out about my habit.”
B. “I’m confident I won’t get caught.”
C. “Management is dishonest, so why shouldn’t I be?”
D. “I’m in so much debt; I don’t have any other way to pay my bills.”
C. “Management is dishonest, so why shouldn’t I be?”
See pages 4.236 in the Fraud Examiner’s Manual
One side of the Fraud Triangle represents rationalization. Cressey pointed out that rationalization is not an after-the-fact means of justifying a theft that has already occurred. Significantly, rationalization is a necessary component of the crime before it takes place; in fact, it is a part of the motivation for the crime. Because embezzlers do not view themselves as criminals, they must justify their misdeeds before they ever commit them. Examples of rationalizations include “The company owes me,” “No one will really get hurt by such a small amount of missing money,” and “Management is dishonest, so why shouldn’t I be?”
The Fraud Triangle hypothesis can be used to explain every instance of fraudulent conduct.
A. True
B. False
B. False
See pages 4.240 in the Fraud Examiner’s Manual
Cressey’s classic Fraud Triangle helps explain the nature of many—but not all—occupational offenders. For example, although academicians have tested his model, it has still not fully found its way into practice in terms of developing fraud prevention programs. Common sense dictates that no one model—not even Cressey’s—fits every situation.
According to Occupational Fraud 2022: A Report to the Nations, what is the primary reason why organizations decline to prosecute white-collar crime cases?
A. They determine that prosecution would be too costly.
B. They plan to recover losses civilly.
C. They believe their internal discipline is sufficient.
D. They feel that there is a lack of evidence.
C. They believe their internal discipline is sufficient.
See pages 4.212-4.213 in the Fraud Examiner’s Manual
Once a fraud has been discovered, there are various reasons why organizations choose to handle cases internally versus referring them to law enforcement for prosecution. According to Occupational Fraud 2022: A Report to the Nations, 50% of companies declined to refer cases to law enforcement because they believed their organization’s internal discipline mechanisms were sufficient. Another common reason organizations prefer to handle fraud incidents internally is a fear of negative publicity; 30% of respondents cited this as their primary reason for not referring the case for potential prosecution. A fraud allegation, even if ultimately found to be untrue, could damage an organization’s ability to retain customers and generate revenue in the future. According to the study, 20% of respondents said that prosecution would be too costly, 10% stated that there was a lack of evidence, and 5% preferred to pursue a civil suit.
While organizations can directly calculate financial damages and losses resulting from a fraud scheme, it is much more difficult to estimate the indirect costs they might face in the future.
A. True
B. False
A. True
See pages 4.226 in the Fraud Examiner’s Manual
The direct cost of fraud relates to the amount of financial damages and losses resulting from a fraud scheme. While organizations can calculate fraud losses directly, it is much more difficult to estimate the indirect costs associated with fraud.
Research has shown that many executives justify illegal behavior as simply being common practice in the business world.
A. True
B. False
A. True
See pages 4.221 in the Fraud Examiner’s Manual
In his research, Dr. Gilbert Geis found that individuals are often trained in illegal behavior as part of their occupational roles. Similarly, Schrager and Short say criminal behavior stems more from the roles an employee is expected to fulfill than from individual pathology. Many executives know their behavior is illegal but tend to justify their behavior as simply being common practice in the business world. Clinard and Yeager believed that, in rationalizing their behavior, corporations follow a general tendency to obey laws selectively (i.e., obeying according to situational needs and determined by factors like social class and occupation).
The theory of differential association is used frequently to explain white-collar criminality. Which of the following is one of the assertions or principles of differential association?
A. Criminal behavior is an expression of an individual’s general needs and values but is not explained by them.
B. People are genetically predisposed to be criminals.
C. Criminal behavior is acquired through participation with large groups in an impersonal setting.
D. Learning is the same as imitation.
A. Criminal behavior is an expression of an individual’s general needs and values but is not explained by them.
See pages 4.123-4.124 in the Fraud Examiner’s Manual
The theory of differential association was developed by criminologist Edwin Sutherland. It states that: (1) criminal behavior is learned; (2) it is learned from other people in a process of communication; (3) criminal behavior is acquired through participation with intimate personal groups; (4) the learning process includes the shaping of motives, drives, rationalizations, and attitudes; (5) the directions of motives are learned from the favorable or unfavorable interpretations of applicable laws; (6) a person becomes a criminal because of an excess of conclusions favorable to violation of the law over conclusions unfavorable to violation of the law; (7) differential association may vary in frequency, duration, priority, and intensity; (8) learning criminal behavior involves all the mechanisms of other learning; (9) learning differs from imitation; and (10) while criminal behavior is an expression of general needs and values, it is not explained by these needs and values.