7Forensic Analysis of Process Liability

In reference to business operations, process liability refers to misfeasance, malfeasance, fraud, and false claims. We usually do not think of associating fraud with operations beyond its financial aspects. Certainly, fraud happens in marketing or in accounting or perhaps in the boardroom, but in operations? However, as I commented earlier, a review of the literature shows that fraud in operations is a significant source of liability suits. If fraud were limited to its popular conception of cheating for self‐gain, then such events might be quite rare. But fraud is defined much more broadly than that. There are two definitions: (i) the deliberate deception practiced so as to secure unfair or unlawful gain and (ii) the representation ...

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