conning consumers into handing over confidential banking details. The Delhi HC stated that even though there is no specific legislation in India to penalise phishing‚ it held phishing to be an illegal act by defining it under Indian law as “a misrepresentation made in the course of trade leading to confusion as to the source and origin of the e-mail causing immense harm not only to the consumer but even to the person whose name‚ identity or password is misused.” The court held the act of phishing as
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resist accountability is that if it appears as reducing remunerations‚ entitlements‚ or privileges‚ individuals will perhaps resist it. On the other hand‚ it’s most likely that people impartially want to maintain the status quo in order to keep their fraudulent activities undetected. An experience of resistance to change occurred during my volunteer work as the executive director of a certain foundation (name withheld) in Nairobi. The foundation was an indigenous organization supporting the education of
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HIPPA established the Health Care Fraud and Abuse Control Program (HCFAC) to help combat medical billing and health care fraud (pg.41). Fraud is an act done with the knowledge that you are doing wrong. Fraud is the intentional deception and misrepresentation that is to result in an unauthorized benefit. Abuse is the charging of services that are not medically necessary. False claim schemes are the most common type of health insurance fraud. The reasoning to do fraud is to obtain undeserved payments
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Fraud is often very difficult to detect. The magnitude of healthcare fraud is unknown. Initial reimbursement and payment and billing timeframe of 90 days allows for fast payment of services‚ however‚ many times before there is an indication of fraudulent billing the company has closed up and moved on. Fraud in American healthcare‚ costs American’s millions perhaps even billions of dollars annually. Without doubt‚ behind every act of fraud lies a lapse in ethics. This paper will review several pieces
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Contents Case Analysis Salomon v. Salomon & Co. 1897 Human Beings are generally legal person but humanity is a state of nature and legal personality is an artificial construct‚ which may or may not be conferred. The origin of corporation lies in a logical extension of this separation of humanity from legal personality as the group of humans who are engaged in a common activity could attempt to simplify their joint activity by gaining legal personality from the venture.
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Bullard Houses: Interests and Buyer (Absentia) Seller (Downtown Co.) BATNAs of Parties Interests Interests Preservation Residential No poor press Room for James Bullard Money BATNA Quincy style market: $19 million Residential brownstones: $15 million Confidentiality Money BATNA Alternative site at $20 million--important not to leak b/c price of site could go up $24 million reservation price Negotiations - Terri K 1 Bullard Houses: Bargaining Zone Positive
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company can come from the management or employee‚ with reference to management I include the CEO‚ chairman and the CFO‚ the type of fraud they involve themselves in are described above. Also on a lower scale we can see that employees endeavour into fraudulent behaviour. Audit Failure A definition of an audit is that it “states the objective of a financial report audit is for the auditor in opinion about whether the financial report is prepared in all material respects in accordance with a financial
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In the aftermath of corporate scandals and the passage of the Sarbanes-Oxley Act of 2002 (SOX)‚ the audit committee is vested with greater authority to oversee fi nancial reporting and the appropriation of assets. As a result‚ the audit committee is responsible for adequate supervision and reporting and for responding to: • fraud in a fi nancial statement audit; • actual‚ perceived or potential confl icts of interest; • anonymous tips and complaints; and • through interaction with general
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capacity. Free consent that we talk is about misrepresentation whereas capacity is about her being a minor. “Free consent is one of the essential elements of a valid contract which provides that all agreements are contract if they are made by the free consent of the parties….” (Tulsian‚ 1998‚ p.53) “Capacity is legal power to enter into binding obligations or to enjoy the privileges of a legal status.”(Sinha & Dheeraj‚ 1996‚ p. 30) “…misrepresentation is a falsely made statement of material fact
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Lec 4 Chap 29 United domains Corp v Brian Pty Ltd(p200): Was the agreement a joint venture or partnership? Decision: High court held that the parties were in a partnership; hence United Domain was entitled to share in profit. Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that
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