تجزیه و تحلیل کلاهبرداری موارد پست الکترونیکی و سیم فدرال مربوط به بازاریابی

As marketers increase their communication through both print and electronic channels, the opportunity for fraud is growing rapidly. Consequently, criminal prosecution of marketers for mail and wire fraud in federal courts has increased during recent years, resulting in greater emphasis on the elimination of fraudulent activities. This research provides a review of marketing-related fraud cases found in federal courts through a LEXIS search to determine the nature of the prosecution and judgments. This study provides a foundation for understanding federal cases that can influence all marketing fraud decisions.

Preventing fraud in marketing is one of the major legal issues facing organizations. Based on organizational crime cases reported by the U.S. Sentencing Commission, fraud is the number one crime representing about one-third of the crimes that organizations commit in their day-to-day activities. The Association of Certified Fraud Examiners (ACFE) has more than 25,000 members in 105 countries (Nyberg, 2001). A survey of fraud cases reported in the Wall Street Journal over a 7-year period indicated that almost all individuals in the study were aware that they were breaking the law (Dukelberg and Robin, 1998). In a 12-month period, 43% of surveyed employees reported fraudulent activities by their coworkers (Reid et al., 2002). The boundary spanning nature of marketing through activities such as sales, advertising, and customer contact can lead to employee misconduct. Without proper oversight, the organization is responsible for employee activities related to fraud. Since the Federal Sentencing Guidelines passed in 1991, companies have been encouraged to adopt a more strategic approach to managing legal and ethical issues by proactively addressing organizational values and compliance programs. Ethics programs have been developed that identify areas of risk and include formal communication, training, and continuous improvement to avoid fraud as well as other areas of misconduct (Murphy, 2002). The purpose of this article is to analyze the current state of mail and wire fraud in federal courts as it relates to the practice of marketing. The focus of our research is to develop an understanding of federal mail and wire fraud using marketing strategy and specifically the marketing mix as a framework for analysis. Marketing managers need to understand the nature and scope of the potential to commit fraud to prevent these activities from damaging relationships with key stakeholders. The focus is limited to the application of criminal mail and wire fraud cases found in U.S. district and appellate courts. To analyze mail and wire fraud related to marketing practice, a case search and analysis was conducted through LEXIS. The case search provides a description of the application of mail and wire fraud from both historical and contemporary perspectives. The managerial and public policy implications of mail and wire fraud are discussed for the practice of marketing.