Is the Macau scam a fraud?
| DOI | https://doi.org/10.1108/JFC-01-2021-0007 |
| Published date | 19 May 2021 |
| Date | 19 May 2021 |
| Pages | 342-354 |
| Subject Matter | Accounting & finance,Financial risk/company failure,Financial crime |
| Author | Nurbazla Ismail,Zulfakar Ramlee,Afridah Abas |
Is the Macau scam a fraud?
Nurbazla Ismail
Research Centre for Sharia, Faculty of Islamic Studies,
Universiti Kebangsaan Malaysia (UKM), Selangor, Malaysia, and
Zulfakar Ramlee and Afridah Abas
Legal Practice Department, Ahmad Ibrahim Kulliyyah of Laws,
International Islamic University Malaysia (IIUM),
Kuala Lumpur, Malaysia
Abstract
Purpose –There is a broad description of frauddebated by academics around the world. The definition of
fraud differs between governments, criminal justice departments and private entities. Some questions can
make this study important to explain the concept of fraud. This study aims to define the legal concept of
fraud. The conceptof a word is importantto discuss because it explains the meaning of a word and that could
answer the questionon Macau scam –a fraud?
Design/methodology/approach –The content analysis is the research design of this study. Data were
obtained by document analysis, including books, papers, journals, case reports and other records relating to
fraud. The methods used to interpretthe data for this qualitative research are empirical, deductive and inductive.
Findings –This study found that the conceptof fraud has not yet beendefined. This can give rise to a broad
interpretation, depending on the action taken by the parties in the cases. On the basis of the context of the
dictionary,fraud may be said to be the same thing as deception. Sometimes, the use of words to conveythings
that are different from,and even at odds with, the actual sense of words. Whereas, from a legal point of view,
fraud stilloccurs as a matter of fact to be determined. This study showedthat Macau scam is a fraud.
Originality/value –The implication of this analysis is for scholars and legal professionals to assess the
principleof fraud prior to the accusation.
Keywords Fraud in criminal law, Fraud meaning, Legal definition for fraud, Fraud statutes,
Fraud cases, Macau scam fraud
Paper type Literature review
Introduction
Fraud is a crime that can be charged under tort or criminal law. Fraud is a broad and
common word used to describe a multitude of different forms of criminal activity (Nguyen,
2013). Fraud, in its broadestsense, means gaining something of value or escaping a dutyby
deceit (Duffield and Grabosky, 2001). The definition of fraud differs among governments,
criminal justice departments and private entities. Historically, insufficient resources have
been dedicated to the investigationof fraud, primarily because ordinary people have limited
knowledge of the wide-rangingeffect of fraud on society (Nguyen, 2013).
Criminal fraud involves parties in the field of crime and civil. Based on the reported
cases, fraudulent offensesoccurred and were convicted in court. Once proven, the offender is
punished with penalties as prescribedby law. Though in the law of tort, the punishment for
the fraudster is basically in the form of compensation.However, there are discussions on the
similarities and the differences from several points of fraud in both types of law. Some
questions can make this study relevantto the study of understanding the concept of fraud.
Besides, the question of how to identify fraud is also unveiled. Accordingly, the cases of
Macau scam in Malaysia are hotly debated recently. This study is made to identify the
JFC
29,1
342
Journalof Financial Crime
Vol.29 No. 1, 2022
pp. 342-354
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-01-2021-0007
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