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Peter Kapoor A SYSTEMS APPROACH TO DOCUMENTARY MARITIME FRAUD by PETER KAPOOR B.Sc. (Hons. ), M. C.I. T., M. I. C.S., M. N. I.,, M. R.I. N. A. Thesis submitted to the Council for National Academic Awards in partial fulfilment of the requirements for the degree of Doctor of Philosophy Sponsoring Establishment Plymouth Polytechnic, Institute of Marine Studies, Department of Shipping & Transport, Drake Circus, Plymouth, PL4 8AA. Collaborating Establishment ICC - International Maritime Bureau, Maritime House, No. I Linton Road, Barking, Essex, IGI I 8HG. March 1987 COPYRIGHT MCLARATION Attention is drawn to the fact that the copyright of this thesis rests with its author. This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that no quotation fran the thesis and no information derived from it may be published without prior written consent of the author other than for the purpose of citation. This thesis may be made available for consultation within the Polytechnic Library and may be photocopied or lent to other libraries for the purpose of consultation. Signed_ Peter Kapoor 0 what a tangled web we weave, When first we practice to deceive. [Sir Walter Scott (1771-1832)] CONTENTS Page List of Illustrations iv List of Tables vi List of Appendices viii Declaration ix Abstract xii Acknowledgments xiii Key to Abbreviations used xvi CBAPTER1: INTRODUMON 1 CHAPTER 2 OVERVIEW OF MARITIME FRAUD 6 2.1 Historical Background 6 2.2 Maritime Fraud 11 2.3 Resurgence of Maritime Fraud 14 2.4 The Nature of Maritime Fraud 16 2.5 : Types of Fraud 23 2.6 : Problems in Investigation & Prosecution 33 Chapter 2 Appendix 43 CHAPMR 3 SYSTEMS THBORy 44 3.1 Introduction 44 3.2 Definitions of a System 46 3.3 Classes of Systems 48 3.4 Properties of a System 51 3.5 Boundaries of a System 58 3.6 Systems Modelling 61 3.7 Systems Failures 69 3.8 The Value of Soft Systems 74 i CONTENTS Page CHAPTER4 CONTRACrOF CARRIAGEO,INSURANCE & PAYMENT 76 4.1 International Trade as a System 76 4.2 People Involved in Various Types of Contracts 79 4.3 Contract of Carriage 83 4.4 Contract of Insurance 112 4.5 Contract of Payment 137 4.6 Conceptual model of the System of International Trade 172 Chapter 4 Appendix 176 CHAPTER5 : ANALYSIS OF FRAUDCASE DATABASE 180 5.1 : Introduction 180 5.2 : Charter Party Fraud 181 5.3 : Deviation Fraud/Illegal Sale of Cargo 183 5.4 : Marine Insurance Fraud 188 5.5 : Documentary Maritime Fraud 192 5.6 : Analysis 197 5.7 : Conclusions 209 5.8 : Weak Links 211 5.9 : Recommendations to Combat Fraud/Commercial Crime 219 Chapter 5 Appendix 225 CHAPTER6 RESEARCHMETHODOLOGY 226 6.1 Introduction 226 6.2 Enlarged Concept of a model 227 ii Page 6.3 : Group Techniques for Problem Solving 233 6.4 : The Delphi Technique 237 6.5 : Inquiring Systems 243 6.6 : Screening Criteria for the Questionnaires 248 6.7 : Questionnaire Design 250 6.8 : Selection of the Panel 253 CHAPTER 7: ANALYSIS OF THE FIRST QUESTIONNAIRE 257 7.1 : Introduction 257 7.2 : Analysis of Section A 260 7.3 : Analysis of Sections B&C 272 CHMYM 8 ANALYSIS OF THE SECOND QUESTIONNAIRE 295 8.1 Introduction 295 8.2 Design of Second Questionnaire 295 8.3 Analysis of Second Questionnaire 295 8.4 Screening Criteria 298 8.5 Analysis of Statements 308 CHAPTER 9 CONCLUSIONS & RECOMMENDATIONS 357 9.1 Introduction 357 9.2 Conclusions 357 9.3 Recorrmendations 367 ERENCES : 375 iii LIST OF ILLUSTRATIONS Page Figure 2.1 : Various Classifications of Maritime Fraud 18 Figure 2.2 : Classification of Maritime Fraud 20 Figure 2.3 : Known/Suspicious sinkings 1963 - 1983 30 Figure 3.1 : System Taxonomy 49 Figure 3.2 : Flow-block diagram showing movement of goods from Shipper to Receiver 52 Figure 3.3 : International Transport as a sub-systern of of the Order Cycle System 54 Figure 3.4 : Conceptual Model of Docunentary Fraud 71 Figure 4.1 : Simplified, Conceptual Model of the System of International Trade 78 Figure 4.2 : Personnel involved in various types of contracts 80 Figure 4.3 : Two Approaches to a Contract of Carriage 85 Figure 4.4 : Conceptual Model of the Contract of Carriage, evidenced by a B/L, and the process of shipment of goods 86 Figure 4.5 : Conceptual model of the process of entering into a Contract of Carriage governed by a Charter Party 87 Figure 4.6 : Conceptual Model of the Commercial Operation of a Charter Party 88 Figure 4.7 : Sequence of Events in the "Life of a B/L11 95 Figure 4.8 : Direct and Indirect Approaches to the Insurance Market 124 iv ILLUSTRATIONS Page Figure 4.9 : Conceptual Model of Placing Insurance of Goods 127 Figure 4.10: Conceptual Model of the Process of Issuing a Letter of Credit 143 Figure 4.11: Conceptual Model of the System of International Trade 174 Figure 5.1 : Conceptual Model of Charter Party Fraud : Charterer Defrauds the Shipowner 185 Figure 5.2 : Conceptual Model of Charter Party Fraud : Shipowner Defrauds the Charterer/Cargo owner 186 Figure 5.3 : Conceptual Model of Deviation Fraud 187 Figure 5.4 : Conceptual Model of Documentary Fraud 198 Figure 5.5 : Conceptual Model of Documentary Fraud 199 Figure 5.6 : Analysis of 101 cases of Maritime Fraud 202 Figure 5.7 : Analysis of 72 cases of Maritime Frauds 203 Figure 5.8 : Weak Links within the System of International Trade 221 Figure 6.1 : Flow Diagram of the Delphi Technique 242 Figure 6.2 : The Inquiring System 244 Figure 7.1 : Flow Diagram Explaining the Analysis of the First Questionnaire 260 Figure 8.1 : Flow Diagram Explaining the Analysis of the Second Questionnaire 306 Figure 8.2 : overview of the Analysis of the First and Second Questionnaires 307 V LIST OF TABLES Page Table 2.1 : Cases handled by ICC-IMB from 1982 - 1984 16 Table 5.1 : Analysis of 93 Cases of Fraud 222 Table 5.2 : Analysis of 52 Cases of Non or Mis-delivery of Cargo 222 Table 5.3 : Analysis of 70 Cases of Known/Suspicious Sinkings 223 Table 5.4 : Annual 1,osses due to Maritime Fraud 224 Table 6.1 : Categories and Numbers of Participants 256 Table 7.1 : Categories and Number of Participants at the end of the First Round 282 Table 7.2 : Analysis of Questionnaire No. 1 - Section A 283 Table 7.3 : Analysis of Cpinions Expressed in Section A 285 Table 7.4 : Analysis of Questionnaire No. 1 Sections B& C 287 Table 7.5 : Analysis of Cpinions Expressed in Sections B&C 288 Table 7.6a : Analysis of Statement No. 39a 289 Table 7.6b : Analysis of Statement No. 39b 289 Table 7.6c : Analysis of Statement No. 39c 290 Table 7.6d : Analysis of Statement No. 39d 290 Table 7.6e : Analysis of Statement No. 39e 291 Table 7.6f : Analysis of Statement No. 39f 291 Table 7.6g : Analysis of Statement No. 39g 292 Table 7.7 Analysis of Statement No. 40 292 Table 7.8 Analysis of Statement No. 41 293 Table 7.9 Analysis of Statement No. 42 293 Table 7.10 Analysis of Statement No. 43 294 vi TABLES Page Table 8.1 : Categories and Number of Participants at the end of the Second Round 298 Table 8.2 : Analysis of Questionnaire No. 2 353 Table 8.3a : Explanation of the Importance Scale 299 Table 8.3b : Explanation of the Unanimity Scale 300 Table 8.3c : Calculation of the Agreement (n) for each Sub-statement 300 Table 8.3d : Explanation of the Agreement Scale 301 Table 8.3e : Explanation of the Certainty Scale 301 Table 8.3f : Calculation of the Delphi Index 302 Table 8.3g : Example of Screening Criteria 304 Table 8.4 : Analysis of Statement 1 308 Table 8.5 : Analysis of Statement 2 310 Table 8.6 : Analysis of Statement 3 312 Table 8.7 : Analysis of Statement 4 314 Table 8.8 : Analysis of Statement 5 316 Table 8.9 : Analysis of Statement 6 318 Table 8.10 : Analysis of Statement 7 320 Table 8.11 : Analysis of Statement 8 322 Table 8.12 : Analysis of Statement 9 324 Table 8.13 : Analysis of Statement 10 326 Table 8.14 : Analysis of Statement 11 328 Table 8.15 : Analysis of Statement 12 330 Table 8.16 : Analysis of Statement 13 332 Table 8.17 : Analysis of Statement 14 334 Table 8.18 : Analysis of Statement 15 336 vii TABLES Page Table 8.19 : Analysis of Statement 16 338 Table 8.20 : Analysis of Statement 17 341 Table 8.21 : Analysis of Statement 18 343 Table 8.22 : Analysis of Statement 19 345 Table 8.23 : Analysis of Statement 20 347 Table 8.24 : Analysis of Statement 21 349 Table 8.25 : Analysis of Statement 22 351 LIST OF APPENDICES Page Appendix 1 : Fraud Case Database A 1 Appendix 2 : Letter of Invitation to the Experts A 33 Appendix 3: First Questionnaire and the letter accompanying it A 34 Appendix 4 : Second Questionnaire and the letter accompanying it A 57 Appendix 5 : The Author's Publications A 82 Appendix 6 : Sample Fraudulent Documents A106 Appendix 7 : Copy of an Electronic Bill of Lading in Plain Language and its Encrypted version A116 viii DEKIAMTION I hereby declare that : A. While registered as a candidate for the Council for National Academic Awards (CNAA) degree of Doctor of Philosophy (Ph. D. ) I have not been a registered candidate for another award of the CNAA or of a University during the research programme.
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