Van Leeuwen Law Firm

A theory developed by the criminologist Donald Cressey (1953), which assumes that fraud requires three elements: pressure, opportunity and rationalisation. A fraudster experiences pressure or is motivated to commit fraud, considers himself capable of committing fraud based on the authorities of his position (opportunity) and justifies his intended fraud to…

The internal control measures should be appropriate within the organisation and effective in preventing and detecting the fraud risks identified via the fraud risk assessment in a timely manner. The primary responsibility for the prevention and timely detection of fraud rests with the organisation’s supervisory body and board. The board,…

The activities aimed at gaining a good understanding of the organisation and its environment,including its internal controls, to identify potential fraud risks. The assessment looks at the nature, scope and frequency of a potential fraud risk to evaluate the likelihood that it will actually occur.…

A kind of roadmap indicating how the board and supervisory body should act in a case of suspected fraud. When fraud is committed, a fraud response plan helps the organisation act appropriately and expeditiously to minimise damage to the organisation, in all its forms.…

Everyone in the organisation must know where, and how – e.g. verbally or by telephone/letter/ email – they can report a case of suspected fraud. Details of the fraud disclosure desk are provided in the internal code of conduct and/or the company regulations.…

An intentional act by one or more members of management, the supervisory body, employees or third parties, using deception to obtain an unlawful advantage. Fraud occurs in many forms. The main manifestations of professional fraud are misappropriation of assets, fraud in the financial accounts and corruption.…

A specialised accountant who engages in investigations in the context of a suspicion of fraud, non-compliance with laws and regulations and/or in the context of a dispute settlement. An investigation of this type often precedes subsequent legal action under criminal law or civil law.…

A natural person who is employed by or associated with an accountancy organisation and who is responsible for carrying out a (statutory) audit of the annual accounts. In the context of these recommendations, it may also refer to the accountant who performs a non-statutory audit of the annual accounts, or…

Acting in accordance with the values and standards by which we reasonably consider ourselves and others to be bound. Acting ethically is more than abiding by the law. What is right and what is wrong?And who determines that?…

The organisation estimates the size of, for example, an item in the annual accounts to the best of its ability, taking into account all the relevant information available. Uncertainties make estimates necessary. A previously made estimate may need to be revised. This may be called for due to changes in…