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March seventeen, 2013 03 17, 2013 David Miller: Portrait of any White-Collar Legal David Miller: Portrait of any White-Collar Lawbreaker Christine Quinones business info systems with lab Professor williams devry university Christine Quinones business info systems with laboratory Professor williams devry college or university Table of Contents How can Miller fit the account of the common fraud criminal? How does he differ? Just how did these characteristics help to make him hard to detect? , , , , , , , , , ,.

Site 3 Explain the three portions of the opportunity triangle (commit, conceal, convert), and discuss how Miller completed each the moment embezzling money from Linked Communications. What specific concealment techniques performed Miller employ? , , ,.

Webpage 3 What pressures determined Miller to embezzle? Just how did Burns rationalize his actions? , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,.. Page four Miller had a framed Tee shirt, jersey in his office that said, “He who dead with the most toys is victorious.  How much does this inform you of Miller?

What lifestyle warning could have tipped off the organization to the chance of fraud? , , , , , , , , , , , , , , , , , , , , , , , Page a few Why carry out companies wait to prosecute white-collar scammers? What are the results of certainly not prosecuting? How could law enforcement officials inspire more prosecution? , , , , , , , , , , , , , , , , , , , , ,.. , , , , , , , , , , , , , , Page 5 What could the victimized companies have done to prevent Miller’s embezzlement? , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,.

Page 6 David L. Callier: Portrait of a White-Collar Lawbreaker Question one particular: How does Burns fit the profile of the average scam perpetrator? How does he differ? How would these qualities make him difficult to discover? Mr. Burns is a very miserable case. He has every one of the qualifications of any stellar worker, but all those traits are only there to mask who he genuinely is. He fits the standard profile intended for the average scam perpetrator because of the following: 5. The vast majority of scam perpetrators use everything that they will steal. Just a very little percentage spend the money. Mr.

Miller put in all the cash and thus it explains why he took from a new employer in order to repay the last one. * Many white-collar criminals are stellar employees until that all moment if they are caught. They are really always anxious, work a number of days and extended stays and are reliable employees. 5. Employers viewed Mr. Callier as an honest employee and it was because of this trust that he was put into positions of sensitivity. * Mr. Burns had the life and behaved in the manner of the average citizen and would not raise any flags. Having been an educated family members man with values and good psychological framework.

Even though he has some of the same traits as your normal fraud criminal, he was harder to spot as a result of many ways that he differed. Mr. Burns was not miserable nor was he hostile towards his employer. This individual also acquired never been convicted of his previous transgressions, and there were different. Normally, the majority of the fraud perpetrators are very first time offenders and not serial offender as Mister. Miller features proven to be. This type of character is very difficult to place because they do not tend to be noticeable. White-collar criminals are very well-informed talented individuals and are the right employee.

No one would feel that they would be capable of such deviant behavior. These individuals are placed in position of trust are usually function very hard and long hours for the employee. It is sad since there are many employees who have got these qualities, but are really honest and have the company’s welfare at heart. Issue 2: Describe the three aspects of the opportunity triangular (commit, cover up, convert), and discuss just how Miller completed each the moment embezzling funds from Linked Communications. What specific concealment techniques performed Miller make use of?

The three factors to the opportunity triangle are as follows: 2. Commit ” for this occasion the criminal commits the fraud through something that features value towards the victim. For corporations this might manifest itself as money plus the corruption of financial records in order to conceal the fraud. A fantastic example of this is displayed if he was able to encourage not one nevertheless two senior officers in to signing different checks with all the excuse of “in case something happens to swing them in to signing just before they were to leave on vacation. Conceal ” to cover up is to cover, so with this to occur the perpetrator need to try to cover up their offense. Accounting must be kept in balance to prevent from staying discovered. They normally do this by increasing other assets or decreasing corporate debts and or equities. I think about lying. It is sometimes too easy to say 1, but to cover up that rest takes skill and as well as perhaps more lies. On a single of Mr. Miller’s atteinte he obscured his fraudulence through doctoring of information and associated with checks. This individual concealed a certain theft simply by retrieving terminated checks from the bank and taking the songs and eliminating the evidence.

After that to further hide what this individual did, this individual hid the amounts of the amount of money that this individual stole in other charge accounts to become able to reconcile the books. Internal settings are set up for a explanation and just mainly because someone is at a position of trust, these types of should not be overlooked and for this specific occurrence we were holding overlooked because of too much trust. * Convert ” normally to convert is to take something that is stolen and converting it to funds. This could result from the form of inventory or perhaps company products. However , Mister. Miller did not do either of these. His crime was done more indirectly.

Mister. Miller could forge inspections to himself and first deposit them within just his personal bank account. Even though checks were fixed by authorized officers, the intended employ for the check was not approved and constitutes scam on behalf of Mr. Miller. Question 3: What pressures motivated Miller to embezzle? How did Miller rationalize his actions? I actually do not believe that Mr. Callier had a wide range of pressures. Yet , he stated, after going through therapy that his trouble was a disease and went as far as to compare it to alcohol dependency and gambling, but this to me is an excuse or a way to rationalize what he had completed.

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This individual felt that he had to steal and also have all the recreation to be well-liked by his colleagues, which is miserable because he was liked, but is not for the reason why he thought, but simply by his working capabilities. You understand you are guilty of something if you have to justify what you performing. I did not recognize too many details other than Mister. Miller were required to steal from his fresh employer to be able to repay the old one. Nonetheless, I feel that this individual truly thought his own excuse that he was basically borrowing but not really stealing. Sometimes our rationalizations of your actions are extremely powerful that people can even mislead ourselves.

Problem 4: Burns had a presented T-shirt in his office nevertheless, “He who have dies together with the most toys and games wins.  What does this tell you about Miller? What life-style red flags would have tipped off of the company for the possibility of scam? I truly have a pity party for Mr. Miller. His life appeared to be centered about money and materialistic obsessions. That shirt and his behavior showed his desire for cash and power, but most importantly to be identified by friends and peers. In the end it was Mister. Miller’s luxurious way of living when compared to his salary proved to be his undoing.

Once you have a salary of just $130, 000 12 months, you cannot afford the “toys that he had. He had overall a huge house, a loft apartment on Myrtle Beach, personalized suits, monogrammed shirts, a lot of jewelry, presents for relatives and above all the two Mercedes-Benz sedans that he only so took place to possess. In the synopsis there were no mention of his partner working, good results . his income and their 3 children, there is no reason behind her to work which logic is what led me to believe just how his income to control ratio will raise some red flags. Query 5: So why do businesses hesitate to prosecute white-collar criminals?

Exactly what are the consequences of not prosecuting? How could police encourage more prosecution? Although we see inside the news regarding CEO’s and CFO’s being prosecuted intended for fraud and embezzlement, in actuality, fraud against a corporation occurs more frequently than one would believe. The following are some reasons why I feel that corporations happen to be hesitant to prosecute white-collar scammers: * Not enough knowledge ” many of the law enforcement agencies, lawyers or attorneys lack the information in how to correctly handle these kind of cases.

Since technology use becomes very prevalent, the work is becoming more challenging as computer systems are a whole new playing field that is yet to be learned. * Aloofness by Culture ” except if the loss occurs you, world is more concerned with crimes of violence against another than monetary. The internal theft of funds in a corporation are seen as that an internal trouble. * Difficulty Prosecuting ” unless you will be lucky and possess a confession from the perpetrator, like in Mister. Miller’s circumstance to which this individual confessed in each and every event, you may have a costly and lengthy case that will prove to be rather hard to demonstrate.

Prosecution can sometimes cost more compared to the theft on its own and it is not seen as a motivation to prosecute. * Deficiency of understanding upon what laptop fraud actually is. Computers as well as the internet will be pretty new things and as such the laws and ways to prosecute are very vague and hard to understand. * Guilt around the outcome in the perpetrators family members. Because Mister. Miller in every event assured restitution and had a partner with 3 children, the companies felt that prosecuting was heartless plus they did not want to cause harm to the family.

One particular corporation, Reputation even appointed the legal professional to represent Mister. Miller. 5. Negative shadow against the company ” Corporations do not like anything that could hinder their public picture. Mr. Miller’s transgressions could cause a incredibly public trial and a lot of shareholders would have recently been involved. This would have caused many to remove their investment. Overall, the corporation would undergo greatly. 2. Knowledge that all their weaknesses would be exposed. Not enough trust in the internal controls or any type of discovery of weaknesses may have caused a whole lot of future damage against a corporation.

Folks are creatures of trust and habit as soon as trust can be broken, it is quite hard to come back and provide that trust once again. This would injure future organization that the company would have. Look at Enron, AIG, and Bernie Madoff, mention just a few. * The best of all can be those that are prosecuted as well as the outcome is usually favorable towards the victim, the perpetrator gets very mild sentences. Various go to bare minimum security prisons, work camps that have certain luxuries. For this reason many organizations do not also bother in spending the additional funds in prosecuting these kinds of cases.

The above mentioned named happen to be mere justifications and to certainly not prosecute scam causes even more harm. That allows for the perpetrator to maneuver on to make fraud against another company, like in Mr. Miller’s circumstance. By having this kind of exposure, businesses feel that they are going to feel that they will look to others as being weak and will encourage others to commit scam against them. When an individual is not really punished for transgressions that person will not find out and feel that they can get away with that again in the event they get caught. Law enforcement officials happen to be stuck and everything they can carry out is encourage others to come ahead and statement the offenses.

Corporations need to know that if they take action that there will be a support system and their noises will not be shed. They need to make certain that the perpetrator will be found guilty accordingly based on their atteinte. They need to be made an example of, so the public know that this actions are not suffered and it is a significant offense that is prosecuted to the fullest magnitude of the law. Question 6: What could the victimized companies have done to prevent Miller’s embezzlement? When I read the synopsis, I had been looking for just how Mr.

Burns committed many of the frauds, but is not much fine detail was uncovered. However , the easiest way that the organizations could have averted this was to acquire better interior controls and adhering to them. I would have got prevented a few of the thefts getting into the following: * Having better controls with the checks plus the signing of checks. 2. Secondary examines the regular monthly reconciliations as well as the bank transactions. * Supply a list of most check deposit with the future invoice detailing the reason for the price. No employee should have the degree of trust and freedom that Mr. Callier was given.

Generally there always must be a system of checks and balances in place in order to make sure and prevent this from happening. I can recognize that these positions merit trust, but there should be a second person looking at the financials to curb virtually any temptation for even the most honest to commit fraudulence. Had the first company chosen to prosecute non-e on this would have took place. However , the future employers would have avoided all of this had they will just irritated to do a even more thorough background check on Mister. Miller. Presently there they would have found the reasons for his separating from his prior career.

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