Identifying Fraud, Abuse, and Error in Personal Bankruptcy Filings

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Rand Corporation, 2007 - Law - 44 pages
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The U.S. Trustee Program (USTP) is the component of the U.S. Department of Justice (DOJ) whose mission includes promoting the integrity and efficiency of the bankruptcy system by enforcing bankruptcy laws. Among its responsibilities is identifying fraud, abuse, and error in personal bankruptcy filings. Currently, precise figures on the prevalence of fraud, abuse, and error in personal bankruptcy filings do not exist. USTP asked the RAND Corporation to assist it in thinking about how to better identify and measure fraud, abuse, and error in personal bankruptcies. RAND looked for lessons learned from other government programs and the private sector in detecting fraud and abuse; processes transferable to USTP; indicators USTP could develop of fraud, abuse, and error; ways to estimate their prevalence; and ways to develop data and knowledge for future identification systems. The authors conclude that a data-enabled case filing system, incorporating lessons from the IRS and GSA as well as the private sector, may be the direction for the future of the bankruptcy court system.
 

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Contents

Introduction
1
Background
2
Research Approach
3
Organization of This Monograph
4
The Bankruptcy System
5
Chapter 11 Bankruptcy
6
Chapter 12 Bankruptcy
7
Identifying Debtor Fraud Abuse or Error
9
Research Suggestions
21
Research Costs and Priorities
22
Potential Future Research Using Debtor Audit Project Data
24
Estimating the Prevalence of Fraud Abuse and Error
25
Estimating the Direct Effects of Enforcement Actions
26
Develop Expert Systems for Identifying Likely Instances of Fraud Abuse and Error
28
Follow Up on the Canadian Pilot Programs
29
Profile Useful Tips
30

Procedures Now Used to Identify Debtor Fraud Abuse or Error
10
Field Office Case Reviews
11
Debtor Audits
12
Observations of the Practices of Others in Detecting Fraud
13
Private Sector
14
HHS
17
GSA
18
MediCal
19
Other Study Group Suggestions
31
Summary and Conclusions
33
Private Sector
34
How Might USTP Develop Indicators of Fraud Abuse and Error?
35
What Future Research Tasks Could USTP Conduct to Develop Data and Knowledge That Would Enable It to More Effectively Identify Fraud Abuse ...
36
Study Group Members
39
Bibliography
41
Copyright

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