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1 – 10 of 90Although billed as part of an ostensible anti-corruption drive, the bill would allow the government to confiscate wealth for which individuals or businesses cannot produce…
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DOI: 10.1108/OXAN-DB288034
ISSN: 2633-304X
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Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag
Illicit enrichment refers to the unjustified increase in the assets of a public official. Criminalisation of illicit enrichment is required under Article 20 of the United Nations…
Abstract
Purpose
Illicit enrichment refers to the unjustified increase in the assets of a public official. Criminalisation of illicit enrichment is required under Article 20 of the United Nations Convention Against Corruption, and as a State Party, South Africa is thus expected to deal effectively with illicit enrichment as an offence. This paper aims to address different approaches of various jurisdictions to deal with illicit enrichment and discusses the elements of the crime, drawing on a South African perspective, to determine how illicit enrichment can be criminalised in South Africa.
Design/methodology/approach
The research methodology used was a critical analysis of the definition and elements of the crime, as well as the global action taken to implement this offence. A comparative analysis was used to compare international frameworks with those of South Africa to conclude on the practicality and challenges of introducing the offence of illicit enrichment.
Findings
It was found that an element of the crime, in particular the lack of justification, has been a primary point of criticism, as it is claimed that illicit enrichment laws reverse the burden of proof when an accused is required to prove the legitimacy of his or her assets. However, this issue is not insurmountable in the South African context, and the paper concludes that the criminalisation of illicit enrichment is possible, as South Africa possesses the necessary legislation and case law to support such measure.
Originality/value
This paper contributes to the scholarly research on criminalising illicit enrichment in South Africa.
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This paper aims to highlight the corruption mode of village funds in Indonesia and provide recommendations to reduce such crime.
Abstract
Purpose
This paper aims to highlight the corruption mode of village funds in Indonesia and provide recommendations to reduce such crime.
Design/methodology/approach
This paper uses Diamond Fraud theory to explain why the mode of corruption continues, using secondary data from journal articles, research reports and websites.
Findings
Corruption mode is carried out through fund misuse, cover-up, fictional reports, fictitious activities and projects and budget markup.
Practical implications
Prevention and detection of fraud can be more effective when considering pressure, opportunities, rationalization and individual abilities.
Originality/value
The novelty of this paper is to provide a more comprehensive view of the factors that can lead to fraud or corruption using the Fraud Diamond Theory.
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S. Sri Sakuntala, Srinivas Sarakanam, Avinash Dhavan, Rashi Taggar and Garima Kohli
The paper examines the recent trends in information technology for combating corruption and its impact on the Indian economy. It further explores how technology is being used to…
Abstract
Purpose
The paper examines the recent trends in information technology for combating corruption and its impact on the Indian economy. It further explores how technology is being used to tackle corruption in India and the resulting economic benefits.
Design/methodology/approach
The methodology encompasses qualitative analysis to investigate corruption comprehensively. It involves content analysis of corruption-related documents, case studies, and expert interviews. Recent information technological advancements are explored, including blockchain and AI, for their anti-corruption potential.
Findings
This study reveals that the negative impacts of corruption on society include reduced economic growth, weakened institutions, and decreased public trust in government. Various technological advancements such as e-governance, blockchain, AI, and big data analytics have been implemented to enhance transparency and accountability in government processes. Special cases and examples of application of such technology tools and techniques adopted by the organizations to control corruption are discussed.
Originality/value
This paper highlights the need for legal reforms, institutional strengthening, and awareness-raising campaigns to complement technological advancements in the fight against corruption.
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Omar Arabiat, Sally Abu-Asabeh and Hashem Alshurafat
This study examines the function of total reserves in light of the relationship between the economic freedom index and the corruption perception index during the COVID-19 period…
Abstract
Purpose
This study examines the function of total reserves in light of the relationship between the economic freedom index and the corruption perception index during the COVID-19 period over countries.
Design/methodology/approach
This analysis encompasses a sample of 102 nations, spanning the time period from 2020 to 2021, and draws data from several sources. By employing a random effects model, we are able to adequately address the potential influence of year-specific factors, including the effects of COVID-19, as well as country-specific disparities. This approach allows for a comprehensive examination of our primary variables, assuring a nuanced study.
Findings
The findings indicate that when economic freedom and reserves are examined separately, they tend to promote corruption. However, when these factors are studied together, they have a complementary effect in reducing corruption. The impact of the COVID-19 period further confirms the relationship, highlighting its substantial influence on the interplay between economic freedom, reserves, and corruption.
Research limitations/implications
The time frame spanning just two years and the sample limited to 102 nations may affect the generalizability of the findings. Therefore, there is a clear need for additional research to facilitate more comprehensive generalizations.
Originality/value
This study is notable for its distinctive examination of the function of Total Reserves in light of the association between the economic freedom index and the corruption perception index. Within the framework of the challenging COVID-19 era, this investigation offers novel perspectives on the intricate dynamics among economic freedom, reserves, and corruption perceptions.
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Meiryani and Dezie Leonarda Warganegara
Efforts to prevent and eradicate the crime of money laundering require a strong legal basis to ensure legal certainty. This paper aims to analyse law enforcement on money…
Abstract
Purpose
Efforts to prevent and eradicate the crime of money laundering require a strong legal basis to ensure legal certainty. This paper aims to analyse law enforcement on money launderers with juridical review perspectives.
Design/methodology/approach
The research method used in this study is the statute approach, which is to examine all laws and regulations related to the crime of money laundering. The writing method used is the normative method, which is a type of research that uses the analysis of certain legislation.
Findings
Three new findings were discovered. In assessing the validity or validation of a business ownership or business transaction, there are at least three pieces of evidence that need to be used, namely, presence/absence of company/business registration in an official government database; the presence/absence (including the amount) of tax reported on income tax and VAT; and the presence/absence of other legal documents relating to the existence or general licensing of a business.
Research limitations/implications
The results of this study are also expected to be helpful for the community, government agencies, or institutions, such as the police, to combat corruption, and money laundering. The Prosecutor's Office and the Corruption Eradication Commission (KPK) describe the handling of money laundering crimes originating from money laundering crimes.
Social implications
This research can provide an overview and input for the broader community as an early warning so as not to commit money laundering crimes.
Originality/value
This is one of the pioneer studies looking into law enforcement on money launderers with comprehensive juridical review.
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Diego Alejandro Peralta-Borray, Johana Sareth Acuña and Sebastián Zapata
Despite the most efficient mechanism to fight against corruption is whistleblowing, in most cases, civil servants prefer to remain silent. For this reason, this research seeks to…
Abstract
Purpose
Despite the most efficient mechanism to fight against corruption is whistleblowing, in most cases, civil servants prefer to remain silent. For this reason, this research seeks to understand the decision-making process by which civil servants, who witness corrupt actions, prefer to remain silent.
Design/methodology/approach
A grounded theory was constructed, based on the coding of 27 in-depth interviews with civil servants from Bogotá, Colombia, who claimed having witnessed acts of corruption.
Findings
It is proposed that corruption tolerance is a process in which, upon observing an act of corruption, there is an emotional response (apathy, anger and fear) that influences the way civil servants rationalize irregular situations and determines their intention to whistleblowing. Additionally, it was found that behaviors such as patronage are normal for civil servants while irregular procurement and fraud are considered serious moral transgressions.
Originality/value
This research explores two important elements to advance the understanding of public corruption: (1) The comprehension, of the role that plays emotions in the corruption tolerance process by civil servants. Results revealed the existence of an ambivalence between anger and fear that could condition the decision to whistleblowing. (2) The validation of some theoretical elements that had been analyzed in previous research comparing them with the collected empirical information.
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Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption…
Abstract
Purpose
Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.
Design/methodology/approach
Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.
Findings
There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.
Originality/value
This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.
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Nivedita Mehta, Sapna Arora and Disha Gulia
This study attempts to recognize obstacles and barriers to financial inclusion in the agriculture sector, propose a framework based on the inter-contextual link between the…
Abstract
This study attempts to recognize obstacles and barriers to financial inclusion in the agriculture sector, propose a framework based on the inter-contextual link between the barriers and understand the financial exclusion in the agriculture sector at the grassroots level. Previously published research articles were used to identify the barriers to financial inclusion, followed by informal interviews and collaborative discussions with the local farmers of the Sonipat district of Haryana and expert interviews using a structured questionnaire. TISM and MICMAC analysis are used to decern the nature of the relationship among the barriers discovered. The authors find that inadequate financial literacy, a shortage of financial awareness and the reluctance of various financial institutions are significant linkage barriers to strong driving and dependence power. High transaction costs and poor infrastructural support are the independent barriers. The paper identifies these new barriers to financial inclusion in the Indian agriculture sector and the framework depicting financial exclusion in India. This paper only gives a framework of barriers and does not quantify the effect of any relationship identified, but strongly emphasizes granting the Indian agriculture sector broad and simple financial access to advance and strengthen the nation's sustainable, inclusive economic growth.
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Nina Du Toit, Philip Steenkamp and Andre Groenewald
The purpose of this paper is to analyse the measures that could be taken to combat the risk of economic crime in the aftermath of South African disasters.
Abstract
Purpose
The purpose of this paper is to analyse the measures that could be taken to combat the risk of economic crime in the aftermath of South African disasters.
Design/methodology/approach
This paper used secondary sources including, but not limited to, institutional reports, newspaper articles and peer-reviewed academic journal articles.
Findings
The COVID-19 pandemic was used as an example in this paper to discuss the susceptibility of post-disaster funding to the risk of economic crime and to assess how the South African government attempted to combat this risk during the pandemic. The Auditor-General of South Africa (AGSA) conducted a real-time audit of the government’s essential COVID-19 initiatives in collaboration with the newly established Fusion Centre. Through their collaborative efforts, they successfully identified mismanaged funds, facilitated the recovery thereof and prosecuted individuals and entities involved. This paper found that to proactively combat economic crime in future post-disaster events, the collaborative use of the AGSA and the Fusion Centre, in conjunction with existing bodies established under the Disaster Management Act, should be considered.
Originality/value
This paper contributes to the body of knowledge in disaster risk management and forensic accountancy. As the frequency of disasters is expected to increase in the future, so will the economic crime risk associated with post-disaster funding. This paper demonstrates that post-disaster funding is especially susceptible to the risk of economic crime and it is therefore important to research methods to combat this problem and prevent further losses.
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