Peter:'Have you heard that John Green in the finance department has been arrested?'
Juan:'No, I haven't. What has he been arrested for?'
Peter:'Apparently, he's been stealing money for the company for at least a couple of years. He stole over 500,000.'
Juan:'So he's been charged with theft?'
Peter:'No, because of his role he had permission to access the company's money which he stole. If he hadn't, it would be theft. But because he had legal permission to access it, it is called the crime of embezzlement.'
Juan:'How could he get away with it for so long? Surely, someone must have noticed the missing money?'
Peter:'From what I hear he was altering financial statements which he was responsible for creating to make it look like the money he took had been spent elsewhere. So nobody noticed it missing for a while. So in addition to the charge of embezzlement, he will also be charged with committing fraud for the falsification and lying which he did on the financial statements.'
Juan:'I suppose when you embezzle so much money, you have to lie and hide information so as not to get caught.'
Peter:'Since he was caught the company have been doing their own investigation on him and they found out that he never studied at Oxford university as he always claimed he did.'
Juan:'But he had a certificate of his degree from there with his name on it hanging on the wall in his office. I remember talking to him about once when I was in his office.'
Peter:'Well, it must be a forgery, because he never studied there.'
Juan:'It goes to show, you should never trust people. Going back to what fraud is. I am right in thinking it is the act of lying or deceiving someone for your own financial benefit.'
Peter:'Pretty much. And the act is to the detriment of the people being lied to or deceived.'
Juan:'So, if a person doesn't declare all their income to the tax authorities and as a consequence, pay less tax to the government than they should, that is a type of fraud?'
Peter:'In theory yes. But the crime of doing that and paying less money in tax than you are legally obliged to is called tax evasion.'
Juan:'So I suppose criminal organisations are generally guilty of committing tax evasion, as they can't tell the tax authorities about the money they have obtained from their illegal activities.'
Peter:'No, they can't. Because it is not only a criminal offence to commit a crime (like selling illegal drugs), it is also a criminal offence to have money which comes/proceeds from these criminal activities. So they try to make the money that they get from their illegal activities appear to come from legal and legitimate sources. Like their money comes from a legal and legitimate business.'
Juan:'And is it a crime to do that?'
Peter:'Yes, it is. It is a crime called money laundering.'
Juan:'But it is not only criminal organisations who have to launder money, is it?'
Peter:'No, anybody who obtains money through an illegal way may have to do it. Like for example a businessman giving a local politician a large amount of money to ensure they win a contract for their business. They are doing something illegal, so they need to clean it in some way.'
Juan:'And what would that crime be?'
Peter:'Giving a gift or money to a person in a position of authority or power in order to make them do something for you, is called the criminal offence of bribery.'
Juan:'But isn't that called corruption?'
Peter:'It is a form of corruption. But with bribery both the person giving and the person receiving it can be charged with the offence. With the crime of corruption it is only about a person in a position of authority or power and them illegally or unethically using their position for personal gain. So receiving a bribe, forcing somebody to do something or giving friends and family members business contracts which they don't deserve are examples of corruption.'
Juan:'Corruption is basically the abuse of power.'
Peter:'A perfect description.'
Juan:'And can I ask a question about two other financial crimes which I don't understand the difference between?'
Peter:'Sure, go ahead.'
Juan:'On the stock market I hear that people are charged with either insider trading or securities fraud. What is the difference between the two?'
Peter:'If you have access to information which is non-public and then you use that information to buy or sell stock and shares and for your financial benefit, then it is called insider trading.'
Juan:'That makes sense.'
Peter:'Whereas if you spread or tell false information about a company in order to get other investors to buy or sell stock in that company for your own personal benefit, then it is called securities fraud. You see the difference?'
Juan:'The difference between the two is very clear.'