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Article
Publication date: 31 January 2023

Fabian Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi

The purpose of this study is to provide a firsthand perspective on the challenges and risks that can arise in arbitration proceedings.

Abstract

Purpose

The purpose of this study is to provide a firsthand perspective on the challenges and risks that can arise in arbitration proceedings.

Design/methodology/approach

To investigate the concrete methods money launderers use, a qualitative study was conducted with 10 alleged money launderers and 18 prevention experts. The results were then tested quantitatively, and it was concluded that among money launderers, the highly regulated financial sector is less popular than other sectors.

Findings

Money launderers relocate to unregulated sectors or offshore banks to avoid being questioned by compliance officers. Therefore, it is necessary for arbitrators involved in commercial or investor–state arbitration to have the expertise to readily identify the issues raised by these criminal law concepts and provide answers.

Originality/value

This paper examines the intersection between the areas of international commercial arbitration and money laundering, bribery, as well as embezzlement. At the same time, it draws attention to the need to analyze compliance issues in arbitration proceedings.

Details

Journal of Financial Crime, vol. 31 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 25 July 2022

Fabian Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi

This study aims to highlight the risks and threats posed by crowdfunding. It also looks at the new European Union regulation on crowdfunding, which is intended to give…

Abstract

Purpose

This study aims to highlight the risks and threats posed by crowdfunding. It also looks at the new European Union regulation on crowdfunding, which is intended to give participants confidence that there will be specific minimum regulatory standards to protect parties against mis-selling issues affecting some platforms.

Design/methodology/approach

This paper is based upon a thorough literature review.

Findings

Crowdfunding is an essential alternative for financing commercial and non-commercial projects. Although it is a fast-growing digital financial tool, it can also be considered extremely risky. It can be an ideal platform for money laundering and can facilitate the financing of terrorism and fraud.

Originality/value

Crowdfunding is still in its infancy, so the literature has not yet sufficiently addressed the compliance risks of crowdfunding. As a result, there is a significant research gap. Thus, this study aims to analyse and propose suggestions to mitigate the risks that all crowdfunding stakeholders may face when deciding to participate in a crowdfunding activity or when they want to set one up.

Details

Journal of Financial Crime, vol. 31 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 4 April 2024

Fabian Maximilian Johannes Teichmann, Chiara Wittmann, Sonia Ruxandra Boticiu and Bruno Sergio S Sergi

The purpose of this paper is to examine the influence that the occurrence of greenwashing has on the consumer perception of corporate social responsibility (CSR).

Abstract

Purpose

The purpose of this paper is to examine the influence that the occurrence of greenwashing has on the consumer perception of corporate social responsibility (CSR).

Design/methodology/approach

This paper observed the market indication that a consistent undermining of authentic commitment to CSR taints consumer perception. Investigating how the motivations behind greenwashing contribute to the presentation of CSR was the first means of examining the market forces. Consumer orientation was used as a guiding principle to consider the short- and long-term perspective of a greenwasher.

Findings

Individual instances of greenwashing contribute to a collective deterioration of marketplace trust in the promises of CSR. The negative influence on CSR is not isolated to the greenwashing perpetrator but casts a wider effect. The consequences of greenwashing are not isolated but widely dispersed.

Originality/value

Whilst much of the literature focuses on the stigmatisation of individual firms, it is crucial to note how marketplace trust is eroded. In addition, the perception of CSR-related regulations is for example influenced but rarely recognised as a consequence of greenwashing behaviour.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 22 May 2023

Fabian Maximilian Johannes Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi

This study aims to review the current EU approach to regulating crypto assets. It highlights the key points, opportunities and risks of the MiCA regulation, which is designed to…

Abstract

Purpose

This study aims to review the current EU approach to regulating crypto assets. It highlights the key points, opportunities and risks of the MiCA regulation, which is designed to provide a comprehensive regulatory framework for digital assets in the EU.

Design/methodology/approach

To do so, the authors extensively reviewed the literature and reports from several advisory and watchdog bodies and international organizations.

Findings

Although MiCA is an ambitious piece of legislation, there are still many unresolved issues and questions that the new regulation raises. Controversially several items have also been excluded from the MiCA regulations, including decentralized finance, non-fungible tokens unless they qualify under the existing cryptocurrency categories, as well as central bank digital currencies.

Originality/value

This study also addresses the Liechtenstein Token Act Regulation, which is considered to have served as a model for the EU MiCA Directive and the regulation of cryptocurrencies at the European level.

Details

Journal of Money Laundering Control, vol. 27 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 3 March 2023

Fabian Maximilian Johannes Teichmann, Sonia Ruxandra Boticiu and Bruno S. Sergi

This study aims to analyze the relationship between financial sustainability and peer-to-peer (P2P) lending platforms.

Abstract

Purpose

This study aims to analyze the relationship between financial sustainability and peer-to-peer (P2P) lending platforms.

Design/methodology/approach

To do so, an extensive literature review on sustainability, FinTech, P2P lending and their associated risks was conducted using a fundamentally theoretical and descriptive methodology.

Findings

In addition, this study shows that finance can accelerate the transition to a low-carbon circular economy by allocating investments in sustainable projects and businesses. Moreover, FinTech P2P lending platforms can help to vitalize green digital finance by using the internet and information technology in the lending market. Nevertheless, anonymous lending and borrowing ventures can produce potential risks such as money laundering, terrorist financing, fraud risk and information asymmetry.

Originality/value

Sustainable finance remains an emerging and relevant area; however, the literature has not sufficiently addressed compliance concerns. To address this gap, this study aims to contribute to the literature by analyzing the link between sustainable finance and P2P platforms and drawing attention to the compliance risks listed above.

Details

Journal of Financial Crime, vol. 31 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 26 May 2023

Fabian Maximilian Johannes Teichmann and Chiara Wittmann

The purpose of this paper is to discuss the practical problems which Swiss financial service providers face following the government’s decision to implement economic sanctions.

Abstract

Purpose

The purpose of this paper is to discuss the practical problems which Swiss financial service providers face following the government’s decision to implement economic sanctions.

Design/methodology/approach

The practical problems of implementation are based on the identified methods of circumvention in the first author’s empirical research on the mechanisms of money laundering.

Findings

Secure anti-money laundering mechanisms promote the smooth implementation of sanctions. Despite the novelty of specific sanctions requirement, it is possible to have a supportive framework in place. Also, there remain a number of practical hurdles for Swiss banks to overcome, including the pressure on sanction alignment and the significant threat of noncompliance.

Originality/value

The sanctions imposed on Russia in 2022 are largely examined either from a broad political perspective or from the finite details of a business consultancy perspective. This paper aims to reconcile both perspectives to illustrate how the concrete problems of sanction implementation becomes evident in the wider political picture.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 27 September 2022

Fabian Maximilian Johannes Teichmann and Chiara Wittmann

The current political situation in Europe has amplified economic sanctions as a retaliatory measure for states not directly involved in the conflict but wanting to influence the…

Abstract

Purpose

The current political situation in Europe has amplified economic sanctions as a retaliatory measure for states not directly involved in the conflict but wanting to influence the political situation. The purpose of this paper is to further understand the interplay of the neutrality principle and employment of economic sanctions.

Design/methodology/approach

Through an extensive literature review, heavily based on the publications of the Swiss Confederacy, neutrality as a foreign policy serving to promote Swiss interests is explored. The room for interpretation and freedom of action in the neutrality principle is highlighted above all.

Findings

Economic sanctions are compatible with the neutrality principle, but do not necessarily further the same purpose. Political pressure to participate in sanctions does not take into consideration the ways in which the credibility of neutrality can be implicated, as well as the value of protecting Switzerland’s role as an international mediator.

Originality/value

The consistency with which the neutrality principle is translated into the modern geopolitical context is crucial for its longevity. The novelty of the current political sanctions, still unfolding, demands a careful examination into the history of neutrality and the use of sanctions. No better insight can be offered than by the development of neutrality in the history of the titan of neutrality, Switzerland.

Details

Journal of Financial Crime, vol. 31 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 20 January 2020

Fabian Maximilian Johannes Teichmann and Marie-Christin Falker

This paper aims to illustrate how illegally obtained funds are laundered through raw diamonds in Austria, Germany, Liechtenstein and Switzerland.

Abstract

Purpose

This paper aims to illustrate how illegally obtained funds are laundered through raw diamonds in Austria, Germany, Liechtenstein and Switzerland.

Design/methodology/approach

To identify specific money laundering techniques involving raw diamonds, this study used a qualitative content analysis of data collected from 60 semi-standardized interviews with both criminals and prevention experts and a quantitative survey of 200 compliance officers.

Findings

Raw diamonds are extraordinarily suitable for money laundering in European German-speaking countries. In particular, they may be used in all three stages of the laundering process, namely, placement, layering and integration.

Research limitations/implications

Because the qualitative findings are based on semi-standardized interviews, their insights are limited to the perspectives of the 60 interviewees.

Practical implications

Identifying gaps in existing anti-money laundering mechanisms should provide compliance officers, law enforcement agencies and legislators with valuable insights into how criminals operate.

Originality/value

While prior studies focus on the methods used by organizations to combat money laundering and how to improve anti-money laundering measures, this paper investigates how money launderers operate to avoid detection, thereby illustrating authentic experiences. Its findings provide valuable insights into the minds of money launderers and combines criminal perspective with that of prevention experts.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 16 August 2022

Fabian Maximilian Johannes Teichmann and Chiara Wittmann

The concept of compliance is in danger of becoming obsolete as a result of its generalization and overuse. This paper aims to refine the concept of a culture of compliance and its…

Abstract

Purpose

The concept of compliance is in danger of becoming obsolete as a result of its generalization and overuse. This paper aims to refine the concept of a culture of compliance and its effective implementation in association with financial regulations, in line with the societal expectations of compliance.

Design/methodology/approach

This paper begins by assessing the watershed reconception of compliance in light of the Global Financial Crisis of 2008 (GFC). The influence of financial incentivization and structural weakness is highlighted above all. Recommendations focusing on the significance of the corporate context are made from this and viewed in relation to the growing relevance of compliance in regulating cyberspace.

Findings

Individuals and their decision-making are heavily influenced by the culture of their environment. Clearly, defining the values behind regulations encourages employees to follow the rules based on the principles that underlie them rather than out of fear of punishment, risk aversion or a sense of the “tick-box” duty. This contributes to the longevity of healthy compliance rather than a compliance fatigue.

Originality/value

By casting a look back at the development of compliance, the modern social expectations of compliance can be elucidated and, in turn, translated into mechanisms for corporations to effectively use. The literature on compliance has grown substantially but often limits itself to commentaries on the history of non-compliance or sector-based investigations. Hinged between the past and future of compliance, this study contributes to bridging a considerable gap in the literature by using a wider lens and positive redefinition of compliance.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 27 September 2022

Fabian Maximilian Johannes Teichmann and Chiara Wittmann

To construct effective compliance programmes, the phenomenon of non-compliance and variations in its abidance must be elucidated. The purpose of this paper is to discuss the…

Abstract

Purpose

To construct effective compliance programmes, the phenomenon of non-compliance and variations in its abidance must be elucidated. The purpose of this paper is to discuss the social reality of ethical decision making, which examines the internalisation of moral norms and realities of social behaviour and, therefore, the general non-compliance with everyday laws (Tyler, 2006).

Design/methodology/approach

This paper makes use of several social theories, including social proof theory, traditional social theory and social control theory. Humans are social beings, and decision-making in ethics is strongly influenced by herding behaviour (Roy, 2021). The behaviour of others and normative ethical standards inform the compliance of behaviour to an undiminishable degree.

Findings

Although there is a host of factors to consider, the success of compliance can largely be attributed to people’s perception and reception of authority. The perception of authority and legitimacy plays a vital role in appreciating the complexity of rule following. Legitimacy, and its embodiment by persons in public roles, is a cornerstone of the subsequent discussion.

Originality/value

This paper uncovers the underlying motivations of non-compliance as well as the social psychology involved in the ethics of compliance. Cross-disciplinary connections are made between the private and public sector and practical compliance recommendations. The significant impact of integrity culture and value-based compliance emerges from the dissection of the social reality.

Details

Journal of Financial Crime, vol. 31 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

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