Page 625 - ACFE Fraud Reports 2009_2020
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FIG. 43  How often is litigation pursued against occupational   Results of Criminal or Civil Litigation
               fraud perpetrators?                                        We also asked respondents about the

                                                                          results of any litigation pursued; this
                69%
                                                                          data is shown in Figures 44 and 45. On
                                    65%
                          64%                                             the criminal side, most cases that were
                                              61%
                                                        59%               referred to law enforcement ended in a
                                                                  58%
                                                                          plea agreement or a conviction at trial
                                                                          (73% combined). If a case referred to law
                                                                          enforcement did not end in a conviction,
                                                                          it was most likely because law enforce-
                                 Referred to law enforcement              ment declined to prosecute (18%). The
                                                                          results suggest that once law enforce-
                                                                          ment decides that it will proceed with
                                                                          prosecution, it has an overwhelming
                          24%                                             chance of securing a conviction; only 1%
                22%                 23%       22%       23%       23%     of defendants obtained an acquittal.


                                                                          In addition, more than half of judg-
                                                                          ments in civil suits were favorable to
                                      Civil suit filed                     victims, with an additional 27% of cases
                                                                          being settled. Perpetrators obtained a
                                                                          favorable judgment in only 15% of civil
                                                                          cases that went to trial.
                          2010
                                    2012
               2008
               2008       2010      2012      2014      2016     2018
                                                                 2018
                                                        2016
                                              2014
               FIG. 44  What were the results of criminal referrals?  FIG. 45  What were the results of civil suits?









                        53%
                                                                          53%






                                                                                  27%
                               20%
                                      18%
                                                                                          15%
                                             7%
                                                                                                   5%
                                                    1%

                      Pleaded   Convicted   Declined   Other  Acquitted  Judgment   Settled  Judgment   Other
                      guilty/no   at trial  to prosecute                for victim     for perpetrator
                      contest




                                                                                                Case Results  Report to the Nations     49
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