pants will not deal with an entity with a reputation for ting
fraudulently even if the entity has not (yet) defrauded those market
participants The people who lead frauds suffer disabling damage to their
reputation that makes it impossible for them to mit future frauds even if they
are not sanctioned Elite financial firms and independent experts will not
mit
Glenn Hall
Jersey , aid, or permit frauds because of their interest in their
reputations Elite financial firms and independent experts would lose their
valuable reputations if they mitted, aided, or permitted frauds The least likely
persons to mit frauds in elite institutions are their senior leaders When CEOs
set a "tone at the top" that tone emphasizes integrity and
reputationWhite-collar criminologists have found that eh of these assumptions is
unreliable. Economists rarely study fraud or read the criminology literature,
yet they often have powerful ideological "priors" about fraud.Easterbrook &
Fischel (1991), the deans of applying law and economics to the study of
corporate law, exemplify eh of these charteristics. They assert that "a rule
against fraud is not an essential or ... an important ingredient of securities
markets." That assertion is remarkable for its certainty, lk of exceptions, and
certitude. It would be wonderful if the assertion were true. Fraud, one of
history's great scourges, would (like polio) be eradicated. Financial markets
would be efficient. Bubbles would be much rarer and far less severe.
Unfortunately
ED Belfour
Jersey , the assertion is also unsupported and unsupportable.
Fischel was an expert for three notorious control frauds during the S&L
deble, where he employed the theories he and Easterbrook would soon write about
in their 1991 treatise containing their remarkable assertion.Individuals,
entities, society, and market participants are all far more plex than
theoclassical economists assu. It is normal that the sa person is perceived
differently by every person with a perception, and those differences can be
polar. "Fraud" is one of the most variegated of tivities. One mon charteristic,
however, is that fraudsters do not rely on fooling everyone. Many suessful
frauds, such as the Nigerian "419 frauds", are obvious to nearly everyone, but
"nearly" universal detection of the 419 frauds is not sufficient to prevent them
from being profitable. Fraud detection is rarely universal because people vary
in their susceptibility and because detection by one person typically fails to
spread to most people.When most people
Duncan
Keith Jersey , including economists, think of "fraud" they
generalize from what they know from personal life. Nigerian 419 scams, most
things advertised on cable television after 10:00 p.m., and con jobs own on
television dramas are what the general public thinks of when they consider
"fraud." The nature of these frauds typically leads the victim to discover
(albeit too late) that he has been defrauded. Victims of 419 frauds send "fees"
or make "deposits" and do not get the $40 million in funds that the late oil
minister allegedly stole from the Nigerian ernnt. The "debt counseling" service
charges its victims fees, falsely claims that one need no longer pay one's
creditors and leaves its victims even more insolvent.These frauds, if they
sueed, almost certainly will be discovered by the victim. (There are important
exceptions - many fraudsters prey on victims suffering from the earlier stages
of Alzheir's, those who are functionally illiterate in Engli, or are incapable
of understanding financial matters. Fraudsters profit from their selective
reputation with their peers as criminals by selling their mailing lists of
vulnerable victims to other fraudsters.) The fraudsters who run the 419 and debt
counseling scams know that most of their victims will bee aware that they were
defrauded. The fraudsters also know that they can continue to defraud others
even though the victims learn that they were defrauded and even if the ernnt
closes their business. Entry is exceptionally easy for eh of these mon frauds.
If the ernnt uts down a debt counseling scam it can create a new na and be in
operation again within a week. If the fraudulent CEO were banned from the
industry he would recruit soone to serve as his "straw" and be bk in operation
within a week.Victims of so mon, unsophisticated frauds typically do not
discover that they have been defrauded. The classic example is the scam drug
that promises to enlarge the penis. The victim buys the drug. He is desperate
for the drug to work. It is easy for the victim to believe that the drug is
working. The alternative is to feel inadequate, hopeless
Denis
Savard Jersey , and made a fool of by a con. This fraud illustrates
a key point; an "unsophisticated" fraud can be highly suessful because it rests
on an insightful understanding of human nature and vulnerabilities.Aounting
control frauds closely approximate the perfect cri. To be a nearly perfect cri a
control fraud must reduce the risks of regulatory and prosecutorial sanctions.
They are normally not identified as frauds.Even when they are identified as
frauds they are normally not sanctioned. Instead of destroying the CEO's
reputation, aounting control fraud normally creates the CEO's undeserved
reputation as a "genius." This is a subject deserving of extended treatnt in
future columns, so I will only summarize the key points here in the context of
mortgage lending. Everyone is reluctant to view a seemingly legitimate lender as
a criminal enterprise The fraudulent CEO increases this reluctance by mimicking
many corporate chanisms No overt conspiry is required - the CEO creates the
perverse incentives and uses his ability to hire, promote, pensate, discipline,
and fire to ensure that the recipe will be implented at the firm and by its loan
brokers and that the independent experts will bless the fraudulent valuations
and loss reserves The CEO can quickly convert large amounts of firm assets to
his personal benefit -sufficient to make him wealthy - through seemingly normal
corpora