Thursday, January 30, 2014

Massive Medical fraud in Miami

Very big medical fraud indictments in Miami, FL

http://www.justice.gov/opa/pr/2014/January/14-crm-098.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Tuesday, January 28, 2014

Structured Reporting Fraud

Structured Reporting Fraud in the Northern District of Texas

http://www.justice.gov/usao/txn/PressRelease/2014/JAN2014/jan27Nwosu_sent.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, January 26, 2014

Wire Fraud in the Southern District

Wire Fraud in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2014%20January/140121%20-%20Antonucci.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, January 25, 2014

Tax Return Fraud in the Southern District

Tax Return Fraud in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2014%20January/140121%20-%20Jackson%20et%20al.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Thursday, January 23, 2014

Fraudster Psychology 16

As we end this thread, let's review the three "sides" of the Fraud Triangle:

1.Opportunity
2. Pressure
3.  Rationalization

    This method of explaining fraud has been in use for many years and although the science of fraud examination and fraud psychology is relatively new, it has stood the test of time.

     Fraudsters are utilizing the fraud triangle every day, whether they realize it or not.

    "Active" fraudsters will look for an opportunity while "passive" fraudsters will wait until an opportunity happens to them.  "Pressure" can mean many things to different people; remember, however, that fraudsters generally are not stealing because they need basic sustenance.  "Rationalization" means that a fraudster will find some way to justify his actions.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

 

Tuesday, January 21, 2014

Fraudster Psychology 15

So - as we examine the third triangle of the Fraud Triangle, what has reading these articles on rationalization done for us?  Any insights?
 
    Of course we have insights.  Even scanning these articles shows that fraudsters have at least these three characteristics:

1.   A narcissistic personality.  Everything revolves around the fraudster - he is always the center of attention.  He has a need to view himself before anyone else.

2.  Sociopathic tendencies.  Fraudsters do not see other people as "real" people - they are marks to be used for the advancement of the fraudster's goals.  It is difficult for a fraudster to realize just how much impact (negative impact) he has on the lives of others.

3.  Looking for opportunity.  Linked in with the other two personality traits, a fraudster is always looking for the next opportunity.  Even passive fraudsters discussed in this thread have to keep their frauds moving ahead. 



NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, January 19, 2014

Fraudster Psychology 14

An excellent article on the psychology of white collar fraudsters - but a bit long.

http://www.all-about-forensic-science.com/support-files/forensic-accounting-article.pdf


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Friday, January 17, 2014

Fraudster Psychology 13

Another good overview on rationalization, but a bit dry.

http://www.rgl.com/pubs/xprPubDetail.aspx?xpST=PubDetail&pub=58fdf1e9-7c83-43c9-a6a4-4911a9447223&RSS=true


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Thursday, January 16, 2014

Fraudster Psychology 12

A good article about rationalization used by fraudsters


http://www.whitecollarfraud.com/946563.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Wednesday, January 15, 2014

Fraudster Psychology 11

Well, it's time to examine the last part of the fraud triangle: the rationalization of the person who commits the fraud.

     This is easily the most "psychological" of the three sides of the fraud triangle.  After the fraudster has the perceived need to commit the fraud (because the fraudster needs something, whether a real or perceived necessity) and when the fraudster has the opportunity to commit the fraud (whether it is an active or passive opportunity), the fraudster ultimately has to rationalize his behavior.

     This is a critical element because if the fraudster needs to rationalize his behavior, then it is clear that the fraudster, at some level, realizes that what he is doing is wrong.  We will spend the next few posts examining how some people have rationalized their behavior. 


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Monday, January 13, 2014

Fraudster Psychology 10

So the second side of the fraud triangle is the ability, or chance, to commit fraud.  The active fraudster will take affirmative steps to commit a fraud while the passive fraudster will have an opportunity fall into his lap and take advantage of it.

      The active fraudster, for lack of a better comparison, is the "Bernie Madoff" type of person who seeks out the ability to deceive people to take the money.  The passive fraudster, once again for the lack of a better comparison, is the person who suddenly finds an opportunity in front of him; the sole accountant for a small company that finds he can keep two sets of books with no one noticing.

     Which is worse?

     All fraudsters, to some extent, fail the moral requirements of being a good person.  We do not want to work with people who will take advantage of us, whether this comes about from someone who is always on the take or someone who is in the right place at the right time for a fraud to occur.  It might be easier to justify the actions of someone who acted "out of character" and took advantage of a situation vs. someone like Madoff who went around seeking victims.  But, here is the real question: does it make life any easier for the victims? 

     As we have discussed and seen many times in this blog (and in real-life situations), fraud is not a victimless crime.  Money and/or assets are being taken; the only difference between a fraudster and a burglar is that the threat of physical violence is not being used.  But - with both the active and passive fraudster, there is a breach of trust occurring.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, January 11, 2014

Fraudster Psychology 9

And, to complete the discussion, here is an example of "passive" fraud

http://www.businessknowhow.com/manage/employee-theft.htm


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Friday, January 10, 2014

Fraudster Psychology 8

OK - we have explored the difference between an "active" fraudster and a "passive" fraudster on the second side of the fraud triangle.  But - what is an active fraudster?  We have seen a few examples.

Here is a good example, however, of the "active" fraudster, courtesy of Wikipedia:

http://en.wikipedia.org/wiki/Romance_scam

We will talk about this more tomorrow.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Wednesday, January 8, 2014

Fraudster Psychology 7

Looking at the psychology of a fraudster, and  looking at the second prong of the fraud triangle, it is somewhat easy to see that if someone is a passive fraudster vs. an active fraudster, then there is a vast difference in the psychological makeup between the two.  Once again, the second prong of the fraud triangle is the opportunity for fraud.

     An active fraudster is always looking for the opportunity to commit a fraud.  He is not just "stumbling into" a fraud event - if he cannot find an opportunity, he will make one.

     A passive fraudster is a person who stumbles into an opportunity and decides to take advantage of it. 

      A person can protect oneself against passive fraud by instituting fraud controls talked about previously on this blog.  Active fraud is another matter.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Monday, January 6, 2014

Fraudster Psychology 6

OK - let's look at the second side of the fraud triangle - the chance to commit fraud.  This falls into one of two categories:

1.     An active chance to commit fraud
2.     A passive chance to commit fraud

      An active chance to commit fraud is when the fraudster is actively looking for the opportunity.  This is the case with con men, grifters, hustlers, phony stock traders, etc. 

     The passive chance to commit fraud is when the fraudster has the opportunity.  The best example of this is when the fraudster suddenly finds that an opportunity is open to him through little or no action on his own.  An example would be an accountant in a small business who discovers that because he is responsible for the finance reports and has no oversight, he can steal money and cover up his tracks.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, January 5, 2014

Fraudster Psychology 5

Before we leave this one side of the fraud triangle, here is a humorous look at some of the lifestyles of people who commit white collar fraud.  Notice that they are not exactly living in poverty.

http://www.businesspundit.com/10-famous-white-collar-criminals/


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Friday, January 3, 2014

Fraudster Psychology 4

The key word here is that the fraudster's perceived need for something.  In the years I have been working as an attorney and defender of people accused of fraud, as well as an anti-fraud advisor to corporations and businesses, I have found that people accused of fraud or people who have committed fraud are in pursuit of the high-life. 

     I am not saying, of course, that fraud is exclusively the avenue of the super rich or people who are trying to pursue the "lifestyles of the rich and famous."  There are plenty of instances of what can be called "penny-ante fraud" where fraudsters use simple tricks or illusions to cheat their victims out of their wallets or a piece of jewelry. 

     However, the fraud cases we namely hear about or the fraud cases that make the news are people that are trying to acquire a lot of wealth.  Let's face it: fraud schemes are basically long-term theft schemes.  It's not a simple stick-up for a wallet.  Fraudsters are generally out for a long-term gain. 


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Thursday, January 2, 2014

Fraudster Psychology 3

OK - let's start breaking down the fraud triangle.  As we examined last time, the first element in the triangle is:

"Rationalization is one part of the fraud triangle, an essential tool in understanding fraud. We will discuss this next time.  But, for now: the factors, which comprise the three points of the so-called fraud triangle, are:
  1. A perceived pressure facing the person"
     "A perceived pressure facing the person" relates to the pressure that causes the fraudster to commit the fraud in the first place.  Since when we are discussing fraud we are usually discussing stealing money, obviously the pressure is usually financial.  The fraudster believes that he is under some kind of financial pressure and therefore needs money.

     However, as many fraud investigators have discovered, often these perceived financial pressures are not the critical financial pressures of which a normal person thinks.  We are usually not talking about the fraudster's need for basic necessities (food, a place to live, clothes, etc.), but rather the fraudster usually feels he "needs" luxury goods.  Many fraudsters fit the pattern of needing goods for the high life (expensive cars and jewelery, high value homes, exotic vacations, etc.), and this is the "pressure" such people often find themselves in.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk