ACCT 737: Fraud and the Law
Course Instructor:
Office Number:
Office Hours:
Email:
Course Meeting Times:
Course Website: Canvas
Required Material:
Association of Certified Fraud Examiners, 2022 Fraud Examiners Manual, (hereinafter “ACFE Manual” or “Text”). The 2021 version is acceptable as well. The cost for a downloadable version is $199.00. However, student membership to the ACFE is $25/year and takes 5 to 7 business days to process. Once membership is approved, students will receive access to a free downloadable copy (PDF) of the ACFE Manual. In order to qualify for student membership, you will need to provide documentation to ACFE indicating you are taking 6 credits. I will provide you with a letter to send to ACFE, which explains the GMU Accounting Masters’ Degree module and credit system.
You will also be responsible for other cases, court rules, statutes, etc. as detailed in the Course Schedule section, below.
Course Materials
Lecture slides and other materials will be available on Canvas. You will need access to a computer that has basic business software like Microsoft Office Suite and Adobe Acrobat Reader. You will also need speakers or headphones to listen to course content as well as a headset recommend that you learn to use Kaltura Media within Canvas, as it is an excellent way to prepare your required Statutory Presentation due later in the Module. Please note that a fast, reliable Internet connection will be necessary to download course content and upload deliverables.
Course Website
The course is available on Canvas in your Student Portal. Log into the portal. In the Courses Tab, there is a list of courses in which you are enrolled. Click on the Course Name to open the online classroom. Please refer to the Courses Support website for more Canvas help.
Program Learning Goals
Professional Skills - Our graduates will demonstrate professional skills necessary for success in the public accounting profession.
Teaming & Leading - Our graduates will demonstrate the team leadership and interpersonal skills needed to form, lead, and work effectively in diverse organizational teams.
Ethics and Professional Responsibility - Our graduates will understand the importance of ethical conduct and the regulatory environment of accounting.
Professional Communications – Our graduates will communicate effectively to professional audiences in both written and oral forms.
Analytical Decision Making - Our graduates will demonstrate analytical decision-making skills.
Accounting Research - Our graduates will effectively conduct and communicate accounting research.
Course Description
Provides an overview of US legal system including law-making process, structure of court system, and how frauds are brought to trial, prosecuted and resolved. Explores common fraud statutes used to penalize wrongdoers. Course will examine evidentiary rules including types of evidence, hearsay, impeachment and privileges. Highlight the legal requirements for serving as an expert witness and testifying in court.
Course Objectives
Upon completing this course, you will be able to:
- Demonstrate effective analytical skills, both orally and in writing.
- Recognize potential legal issues as related to fraud investigations and understand and use legal terminology found in caselaw, court rules and statutes.
- Identify and understand the different sources of law affecting fraud investigations, as well as the structure of the U.S. court system in addressing fraudulent activity.
- Analyze a fact pattern and apply a set of relevant facts to the laws controlling the actions of fraud investigators in order to prosecute a fraud case either criminally or civilly. Students should be able to assess various courses of action that might be considered and determine the best course of action under the circumstances.
Topics
I. The U.S. Legal System
II. Discovery/Evidence/Testimony
III. Investigations/1st Amendment
IV. Interviews and Confession Law
V. Money Laundering
VI. Search and Seizure
VII. Securities/Bank Fraud
VIII. Civil Justice System
Class Management
The class will include hands-on cases, discussions of topics, lectures, and presentations by students. Thoughtful dialogue and questions will add significantly to the learning experience. For instance, after reading the U.S. Constitution in preparation for the first class, each student will be asked to contribute by discussing his/her favorite or most meaningful provision, or by indicating a provision the student had not known prior to the reading (place on Canvas Discussion Board). In addition, class participation may come in the form of posting thoughtful comments or questions in response to other Canvas Discussion Board postings; participation in live review sessions; and/or during discussions in class. Consistent meaningful participation can add up to 20 points to the student’s final grade as indicated below.
Reading assignments need to be completed prior to in class lectures. Lectures will reinforce and enhance the readings. There is a total of four writing assignments, which will be due as indicated. Two of these writing assignments are “case briefs” which will summarize federal appellate court cases. You will be taught the proper format for these briefs (See: ”Getting Started” Tab; Syllabus and Case Briefs) and you will be graded based on the use of the correct format, the accuracy of your summary, and the general quality of your writing, including spelling, grammar and word choice. The other two writing assignments will involve the analysis of fraud cases that are available in the public domain. These writings should analyze the fraudulent activity, the investigation, including techniques utilized by law enforcement, and the statutes used to prosecute the defendants.
Three short quizzes will be administered and will cover reading assignments and prior lectures. You will only be responsible for information since the prior quiz/exam. There is one midterm exam (testing all components of Classes 1 – 4). The final exam will test all content from Classes 5 – 8. Both exams will be completed on-line as scheduled. Finally, students will be expected to make a brief presentation for the class covering all aspects of an assigned federal fraud statute, as scheduled. In addition, students will be expected to participate in a class discussion/presentation/exercise during the final class (to be determined).
Grading
Graded assignments and feedback will be shared with you as quickly as possible. Please be sure to submit all assignments through the appropriate submission link. Assignments will be graded according to rubric or instructions.
Your grade in ACCT 737 will be determined as follows:
The final letter grade will be based on the following scale.
| Grade | % Earned | Points Earned |
| A | 90 - 100 | 450 - 500 |
| B+ | 88 - 89 | 440 - 449 |
| B | 80 - 87 | 400 - 439 |
| C | 70 - 79 | 350 - 399 |
| F | Below 70 | Below 350 |
| Activity | Points | % of Grade |
| Midterm | 125 | 25% |
| Final | 125 | 25% |
| Oral Presentation | 50 | 10% |
| Quiz #1 | 20 | 4% |
| Quiz #2 | 40 | 8% |
| Quiz #3 | 40 | 8% |
| Writing Assignment #1, 3, (Case Briefs) | 10 each 20 - total |
2% each (4% total) |
| Writing Assignment #2 (Educ. Fraud) | 40 | 8% |
| Writing Assignment #4 (Sec. Fraud) | 40 | 8% |
| Total | 500 | 100% |
Late submissions of writing assignments, quizzes, exams, or statutory presentations will result in a 10% deduction if received within 24 hours of the due date deadline. No credit will be awarded for any other late work.
Student Responsibilities
Tips for success: The module structure goes very fast. As such, it is important that you make all attempts to stay on track with respect to homework. At the beginning of each week, you should review the Assignment Table (“Assignments at a Glance”) for the week and plan your time accordingly.
Course Schedule and Calendar
| Class # | Class Date | Topics Covered | Quiz/Exam | Readings | Other Assignment |
| Week #1 | U.S. Constitution | U.S. Constitution | Statutory Presentation Assignments Made | ||
| Federal Rules of Criminal Procedure (FRCP) | Mapp v. Ohio, 367 US 643 (1961) (majority opinion) | Post constitutional provisions of interest by | |||
| Gamble v. U.S., 587 US___ (2019) (majority opinion only) | |||||
| Overview of Legal System (Text) 2.101 - End (Of Section)* | |||||
| Criminal Justice System (Text) 2.801 - End | |||||
| Week #2 | Discovery | Federal Rules of Criminal Procedure (FRCP) 16 & 26.2 | |||
| Evidence | Evidence (Text) 2.1002 End | ||||
| Federal Rules of Evidence (FRE) 104, 401-404, 607609, 612, 701706, 801-804 | |||||
| Testimony Instructional Video(s) | Testifying (Text) 2.1102 - End | ||||
| Education Fraud | 1000 word essay on education fraud prosecution** (due 11:59pm) | ||||
| Quiz #1 | Covers Weeks 1 & 2 | ||||
| Week #3 | Federal Prosecutions & Role of Forensic Accountants | ||||
| Investigative Techniques | Covert Operations (Text) 3.502End; Law Related to Fraud (Text) 2.201-2.222; Collecting Evidence (Text) 3.201 - End | ||||
| 1st Amendment & Investigations Instructional Video(s) | Virginia v. Black, 538 US 33 (2003); US v. Watts, 394 US 705 (1969) | Brief Virginia v. Black (due 11:59pm | |||
| Week #4 | Confessions Law Instructional Video(s) | FBI DIOG*** (p. 18-17 to 1825) (p. 18-31 to 18-36) | |||
| Individual Rts. During Exams (Text) 2.701End; Interview Theory 3.301End; Interviewing Suspects 3.401-End | |||||
| Miranda v. Arizona, 384 US 46 (1966) | |||||
| Listen to oral argument, U.S. v. Dickerson, 530 US 428 (2000) **** | |||||
| Quiz #2 | |||||
| Exam Review Session (Canvas Collaborate Ultra) | |||||
| Exam #1 | |||||
| Week #5 | Financial Investigations | Sources of Information (Text) 3.602 - End (Scan for familiarity) | |||
| Money Laundering | Money Laundering (Text) 2.501 - End | ||||
| Week #6 | Search & Seizure | FBI DIOG (p.18-170 to 18-174)***** | |||
| FRCP 41 | |||||
| U.S. v. Jones, 565 US 400 (2012) (majority opinion & Alito concurrence only) | |||||
| Carpenter v. U.S., 585 US ___ (2018) | |||||
| DC v. Wesby, 583 US ___ (2018) | Brief DC v. Wesby due 11:59pm | ||||
| U.S. v. Gratkowski, 964 F.3d 307 (5th Cir. 2020)****** | |||||
| Week #7 | Healthcare Fraud Presentation | HCF case study indictment/plea agreement (to be provided) | Statutory Presentations due 11:59pm | ||
| Search & Seizure (Cont.) | Healthcare Fraud (Text) 1.1201-1.1268 | Watch & Comment on (3) presentations by 11:59pm | |||
| Quiz #3 | |||||
| Week #8 | Civil Justice System | Civil Justice System (Text) 2.901 - End | 800 - 900 word essay on Wilmington Trust prosecution (due 11:59pm) | ||
| Review – Group Project | Review 4th and 5th Amendment notes | ||||
| Final Exam Review Session (Canvas Collaborate Ultra) | |||||
| Final Exam (Available) |
- * Text – 2021 ACFE Fraud Manual
- ** See Canvas “Assignments” Tab for Complaint/Indictment
- *** See Canvas Week 4 for FBI DIOG-Part 1
- **** https://www.oyez.org/cases/1999/99-5525
- ***** See Canvas Week 6 for FBI DIOG Part 2
- ****** See Canvas Week 6 (Assignments at a Glance)
- # Participation is not mandatory
To print: Right-click and choose “Print,” then follow your browser’s print settings.
To download: Right-click and choose “Print,” then select “Save as PDF.”