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Larry C. Adams, CPA
Certified Public Accountant
Certified Fraud Examiner
Business Consulting
Fraud Control Planning
Litigation Support
Fraud Seminars
Phoenix, Arizona USA
Phone (602) 995-8008
E-mail
fraudwritr@aol.com
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March 2006 Fraud
Terminology Topics
Wet Ink Policies, Baksheesh, Bicheiro,
Big Bath
Charges, MI5, Plaintiff, Take-out,
Channel Stuffing, Share Market Fraud,
and Top Hatting
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Viatical
investments are very risky
because 40% to 50% of the life insurance policies
might be procured by fraud.
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Fraud In Other Words™
Professional Jargon
and Uncensored Street Slang
by Larry C. Adams, CFE, CPA, CIA, CISA
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Wet Ink Policies
New life insurance policies that are sold to viatical investment companies
immediately after being issued, before the ink is dry.
Wet ink is common
when multiple insurance agents solicit a healthy senior. The person
applies for one or more policies from different insurance companies, and
intends to sell them immediately after they are issued. On a wet ink
policy, the applicant doesn’t pay any premiums, or is reimbursed for the
first premium. The American Council of Life Insurers (ACLI) contends that
wet ink policies stimulate insurance fraud. The applicant commits fraud on
the application by claiming he or she needs life insurance for estate
planning purposes, and that a relative will be the beneficiary. The word
viatical originates from the Latin “viaticum,” which means provisions for
a journey. Viatical, or a life settlement, is the sale of a life insurance
policy by the policy owner before the policy matures.
The sale provides the seller with an immediate lump sum cash settlement,
ranging from 50 percent to 80 percent of the face amount of the policy. In
the mostly unregulated viatical industry, 40 percent to 50 percent of the
life insurance policies may have been procured by fraud, according to a
Florida Statewide Grand Jury Report in 2000. Wet ink policies are a
billion dollar risk for the insurance companies, as well as the people who
invest in viatical companies.
Les Henderson, “Crimes of Persuasion,”
www.crimes-of-persuasion.com/Crimes/Telemarketing/Outbound/Major/Investments/
viatical.htm, December 21, 2005.
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Baksheesh
A term that describes a charitable gift, or a tip, or certain forms of
political corruption and bribery in the Middle East and Southwest Asia.
Baksheesh is a variation of bakshish, a Persian word that
means
gift. Beggars solicit alms by crying, “Baksheesh, Baba!” Baba is a term of
endearment or respect. Beggars ask for a handout loudly, but police and
officials ask for a bribe quietly. A bribe that is given to an official is
usually something foreign to that country, such as cigarettes, liquor, or
new electronic devices. In Middle Eastern countries, it is often
impossible to do business without paying a baksheesh. The “baksheesh mentality” is
growing in Germany too. Reports from Transparency International (TI),
headquartered in Berlin, indicate that bribery and corruption are
increasing in Germany. The TI Web site is www.transparency.org.
Ralph De Sola, “Crime Dictionary,” Facts On File, Inc.,
New York, 1982, page 174.
Photo: Susan H. Smith-Hunter, www.greenmtn.edu/faculty/Smith-Hunter_show_03/pages/Baksheesh_Hand04.htm
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Bicheiro
A Portuguese
word for a numbers banker, a bookie, a gangster, or a racketeer. A
bicheiro runs a “jogo do bicho,” an animal game that’s an illegal lottery,
popular throughout Brazil. Neighborhood
gamblers
place combinations of bets on 25 animal symbols. Each animal represents
a set sequence of four numbers. An ostrich (avestruz) is 01 to 04, and a camel
(camelo) is 29 to
32. Winners are picked three times a day. The animal lottery started in
1892, and now the bicheiros collect over two million Brazilian reais (BRL
or R$)
or US$866,363 each day. A bicheiro lives well with the patrimonial
structure of the region, and has much in common with the practices of the
Sicilian mafia. Bet-takers operate in places agreed on with the police,
who collect bribes to keep things peaceful. A bet-taker keeps ten percent
of the bets, and passes the rest of the money up the ladder to higher
levels of bicheiros. In 2003, an aide to the Brazilian president’s chief
of staff was videotaped and fired for soliciting campaign contributions
from a bicheiro, taking one percent as a personal commission, and
promising to use his influence in steering government contracts. Bicheiros
have been linked to organized crime, drug dealing, and hundreds of
murders. Bicheiros act like
community benefactors, and sponsor the extravagant Sambódromo Parade in
Rio de Janeiro’s annual Carnaval.
Ricardo Vélez Rodriguez, “The Sociological
Dimension of the Drug-traffic in the Favelas [slums] of Rio de Janeiro,” Universidade Federal de Juiz de Fora, www.defesa.ufjf.br/fts/DRUG-TRAFFIC.pdf,
December 21, 2005.
Photo: www.paratodos-ba.com.br/jogos4.htm
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MI5
Officially
called the Security Service, Military Intelligence Section Five (MI5 or
MIV) is
responsible for protecting the UK (United Kingdom) against threats to
national security. The Security Service was set up in 1909 to counter
espionage against British organizations by foreign powers. Today, MI5
protects the country against covert organized threats, including
terrorism, espionage, and the proliferation of weapons of mass
destruction. MI5 supports the police and other law enforcement agencies in
preventing and
detecting serious
crime. Four percent of its resources are allocated to fighting excise
fraud, organized benefit fraud, organized housing fraud, assisting in the
seizure of criminal assets, and combating hackers who try to compromise
government records. MI5 is headquartered in London. The official Web site
solicits hotline tips, and also provides security advice for businesses.
On the MIV triangular or pyramid badge, EIIR (elizabeth secunda regina) refers to Her Majesty Queen Elizabeth II.
An
eye symbol is located under the I (for intelligence) at the top of the
badge. An eye symbol was part of the logo for Pinkerton's National Detective
Agency in the United States in 1850. Pyramid and eye symbols also were used by secretive
Freemasonry fraternal organizations and the Knights Templar.
www.mi5.gov.uk, December 22, 2005.
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Big Bath Charges
Large amounts of expenses that are written
off in quarterly financial statements, when a company would record a loss
in any case. Taking a big bath, or a financial soaking, in a quarter has
the effect of boosting income in future quarters. When company earnings
take a major hit, management hopes that Wall Street and investors will
look beyond a one-time loss and have an expectation for better earnings
ahead. Gateway, Inc., a personal computer seller, took a US$113.8 million
big bath charge in 1997. The stock price dropped 20 percent when the
charge was publicly disclosed, and then the price appreciated 83 percent
within a year. Cisco Systems, Inc., which develops computer network
hardware and software, took a big bath of almost US$4 billion in 2001,
which included an inventory write-down of US$2.5 billion. Big bath charges
are explained as costs for corporate restructuring, mergers, management
changes, or system conversions. Big bath charges can be used to manipulate
earnings, bury fraud costs, clean up the balance sheet, or provide a fresh
start. Sometimes these charges are overestimated, and are miraculously
reborn as income when future earnings fall short.
Richard M. Rockwood, “Accounting: Focus on Red
Flags,” May 2002, www.focusinvestor.com/AccountingRedFlags.pdf.
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Plaintiff
A person, business, or party who initiates
a lawsuit before a court. In some jurisdictions, a plaintiff is called a
claimant, a petitioner, or an applicant. The word plaintiff is derived
from the Latin verb “plangere,” that means to beat one’s head or breast as
a sign of grief. In French, it became “plainte,” that means an audible
moan, groan, lamentation, or complaint. French law used “plaintif” to
describe a person who lodged a complaint. The English language adopted
plaintiff about 1400 A.D.
“The Merriam-Webster New Book of Word Histories,”
Merriam-Webster, Springfield, Massachusetts, 1991, page 257.
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Top Hatting
Increasing
an existing bet, moving it, or placing a new bet in roulette or another
casino game after the outcome has been decided. Top hatting involves
placing more casino chips on top of existing chips. “Column pushing”
refers to pushing a stack of chips
onto the winning number. Top hatting
relies on distracting the dealer, casino inspector, security staff, and
other players at the vital point. Just as the roulette ball drops, the
distracter leans forward with a cash
note to divert the dealer’s attention, while hiding gaming chips belonging
to his colleague in his hand. The distracter spots the winning number on
the wheel and places the chips on the winning number on the betting table
in a split second. The colleague claims the winnings. The sleight of hand
trick requires months of practice to master. Scotland Yard’s gaming unit
arrested a sophisticated gang that swindled casinos in the West End of
London out of tens of thousands of British pounds in 2005.
The gang used aliases and disguises for
years to get access into casinos where they had been banned. The gang
worked as a team to divert attention. New security systems use digital
cameras above the roulette wheel and betting area for synchronized frame
capture, and motion sensors to detect movement after the end of each game.
Gaming tables are wired for recording sounds and dialogue too.
Justin Davenport, “Gang Guilty of Swindling
Casinos with Top Hatting Deception,” The Scotsman, August 9, 2005,
http://news.scotsman.com/uk.cfm?id=1749362005.
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Share Market Fraud
Struggling listed companies, or those
owned by families, strip out the assets of their firms or illegally
allocate shares of stock without informing minority shareholders, company
boards, or regulatory authorities. Share market fraud involves the
misappropriation of funds in connection with share trading, according to
the Australian Institute of Criminology’s 2003 research study on “Serious
Fraud in Australia and New Zealand.”
Steve Vickers, “Forms of Fraud,” March 2003,
http://intl-risk.com/pdf/news/hktatler-mar2003.pdf.
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Take-out
A convenient phone message that arrives
for a conman when it appears that his marks or potential victims are
becoming suspicious of his scam. The advance notice is usually provided by
a friendly bartender for a price. The take-out allows the fraudster to
vanish before more problems crop up.
Jonathon Green, “The Dictionary of Contemporary
Slang,” Pan Books, London, 1984, page 280.
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Channel Stuffing
A common, deceptive business practice that
ships unwanted inventory to retailers far ahead of schedule, filling the
distribution channels with more product than is needed. Financial
statements are manipulated by inflating sales and accounts receivable, and
reducing inventory when the merchandise is shipped. Business managers and
sales managers panic and use channel stuffing to meet market growth
expectations for the period, or boost the value of the stock, or exceed
their goals to earn bonuses. The short-term sales boom can deceive
investors and regulators. In the next period, the business might have to
offer substantial discounts or extended credit terms to retailers, to keep
them from returning the overstock or unsold merchandise. Frequent channel
stuffing can snowball to cover up longer trends of decreasing sales
volume. In 1986, the U.S. Securities and Exchange Commission issued
stringent accounting rules, known as the Stewart Parness Criteria, to
limit bill-and-hold transaction schemes.
Sarah Maranjian, “Stuffing the Channel,” The
Motley Fool, March 28, 2002.
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Larry C. Adams, CFE, CPA, CIA,
CISA, teaches fraud examination at the Keller
Graduate School of Management of DeVry University in Arizona. He publishes
the book and online editions of “Fraud In Other Words.” His Web site is
www.larry-adams.com. His e-mail address is fraudwritr@aol.com.
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ã
Copyright 2006 Larry C. Adams. All rights reserved.
“Fraud In Other Words” is a trademark of Larry C. Adams.
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This article is in the
March/April 2006 issue of
FRAUD Magazine, the Journal of the Association of
Certified Fraud Examiners.
This article also is on the website of the AICPA Antifraud and Corporate
Responsibility Resource Center in May 2006. AICPA is the American
Institute of Certified Public Accountants.
http://aicpa.org/antifraud/homepage.htm
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