How the detection of insurance fraud succeeds and fails

Abstract

Insurance fraud is a serious and growing problem, and there is widespread recognition that traditional approaches to tackling fraud are inadequate. Studies of insurance fraud have typically focused upon identifying characteristics of fraudulent claims and claimants, and this focus is apparent in the current wave of forensic and data-mining technologies for fraud detection. An alternative approach is to understand and then optimize existing practices in the detection of fraud. We report an ethnographic study that explored the nature of motor insurance fraud-detection practices in two leading insurance companies. The results of the study suggest that an occupational focus on the practices of fraud detection can complement and enhance forensic and data-mining approaches to the detection of potentially fraudulent claims.     

关于网络购物纠纷解决的调查与思考

随着网络购物的兴起,网络购物纠纷也日益增多,而且网络购物纠纷解决起来往往困难重重。因此,只有加强道德建设和法制教育,营造一个有利于纠纷解决的道德和法制环境,构建完善的多元化网络购物纠纷解决机制,才能更好地解决网络购物纠纷,促进我国经济的进一步发展。     

保险诈骗罪若干疑难问题探究

有关保险诈骗罪的主体争议:冒名骗赔的行为应定性为保险诈骗罪;隐名的投保人、被保险人可以成为保险诈骗罪的主体;保险人、保险经纪人、保险代理人诈骗投保人、被保险人、受益人的应定性为诈骗罪。虚构保险标的的表现:虚构根本不存在的保险标的;恶意超额保险;恶意重复保险;虚构保险利益;将不合格的标的虚构为合格的保险标的;事后保险。内外勾结共同骗取保险金的行为应一律认定为职务侵占罪或者贪污罪。     

保险诈骗罪的既遂和未遂形态刍议

首先对保险诈骗罪是举动犯、行为犯,还是结果犯之争论进行分析,得出保险诈骗罪是结果犯的结论;在此基础上 介绍了该罪未遂形态的存否之争,得出保险诈骗罪存在犯罪未遂形态的结论;最后简要分析了该罪既遂形态与数 额的关系。     

‘I'm a photographer,not a terrorist’: the use of photography to detect deception

When planning large-scale incidents or bombing campaigns, terrorists often conduct reconnaissance research to identify key targets. This may include taking photographs of potential target locations. Identifying an effective real-time method to distinguish between genuine photographers and those with more sinister intent may be beneficial for law enforcement and security agencies. Participants took photographs in a public place with a genuine intent (truth tellers) or sinister intent (liars). After taking these photographs, the participants were approached by an undercover interviewer (a mime artist) who asked them whether he could see the photographs. Later, the participants discussed their photographs in a formal interview. First, liars were less cooperative in their interaction with the undercover interviewer than truth tellers. Second, in the formal interview, liars mentioned some security features that appeared in the photographs more than truth tellers. The findings suggest that ‘using photographs to detect deception’ is a subject that could prove important to explore to benefit forensic and counter-terrorist practice.     

US police officers’ knowledge regarding behaviors indicative of deception: Implications for eradicating erroneous beliefs through training

Abstract

The current study surveyed a random sample of Texas law enforcement officers (n?=?109) about their knowledge regarding behaviors indicative of deception. The officers were not highly knowledgeable about this topic, overall performing at a chance level in assessing how various behavioral cues relate to deception. Confidence in one's skill was unrelated to accuracy, and officers who reported receiving the most training and utilizing these skills more often were more confident but no more accurate in their knowledge of the behaviors that typically betray deception. The authors compare these results to previous studies that have examined officers’ beliefs in other countries and discuss the implication of these results in terms of developing future training programs that may debunk the common misconceptions that officers possess.     

诉讼欺诈的犯罪化

目前对诉讼欺诈的刑法规制出现法律上的非犯罪化与事实上的犯罪化并存之状况,不利于司法实践。诉讼欺诈犯罪化有其合理性、正当性,诉讼欺诈应适度犯罪化。     

Who should I look at? Eye contact during collective interviewing as a cue to deceit

Pairs of liars and pairs of truth tellers were interviewed and the amount of eye contact they made with the interviewer and each other was coded. Given that liars take their credibility less for granted than truth tellers, we expected liars to monitor the interviewer to see whether they were being believed, and to try harder to convince the interviewer that they were telling the truth. It was hypothesised that this monitoring would manifest itself through more eye contact with the interviewer and less eye contact with each other than in the case of truth tellers. A total of 43 pairs of participants took part in the experiment. Truth tellers had lunch in a nearby restaurant. Liars took some money from a purse, and were asked to pretend that instead of taking the money, they had been to a nearby restaurant together for lunch. Pairs of liars looked less at each other and displayed more eye contact with the interviewer than pairs of truth tellers. The implications of these findings are discussed.     

The occurrence of eye blinks during a guilty knowledge test

Abstract

In the present experiment we examined whether eye blinks could discriminate between guilty and innocent examinees in a Guilty Knowledge Test (GKT). Based on the assumption that guilty examinees would experience more cognitive load when responding to the key items than to the control items, we hypothesized that they would display fewer eye blinks during the key items than during the control items. For innocent examinees, responding to the key and control items should be equally demanding, and no differences in eye blinks between key and control items were expected. A total of 26 participants took part in an experiment where 13 guilty examinees committed a mock theft (of an exam paper) and the remaining 13 innocent examinees went on with their normal business. All participants underwent a GKT whereby their eye blinks were measured. Both guilty and innocent examinees displayed the pattern of eye blinks that we predicted. The implications of the findings are discussed.     

论三角诈骗

行为人实施诈骗行为时,如果被骗人(财产处分人)与被害人不具有同一性,即属三角诈骗;三角诈骗既具备诈骗罪的本质特征,又完全符合诈骗罪的构成要件;三角诈骗与盗窃罪(间接正犯)的关键区别在于,被骗人事实上是否具有处分被害人财产的权限或者是否处于可以处分被害人财产的地位;诉讼诈骗是典型的三角诈骗,应认定为诈骗罪;对于利用他人的债权凭证非法取得财物的行为,应当正确区分三角诈骗(诈骗罪)与其他犯罪的界限。