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Article
Publication date: 6 July 2015

Norman Mugarura

The paper aims to examine the jeopardy of the bank in performing its varied functions to customers, the public and regulatory authorities. The bank’s overriding mandate is…

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Abstract

Purpose

The paper aims to examine the jeopardy of the bank in performing its varied functions to customers, the public and regulatory authorities. The bank’s overriding mandate is accepting deposits from its customer and to make payments as and when requested. However, banks also perform investment undertakings and other related functions. Banks have been applauded for facilitating the fight against crimes such as money laundering and financing of terrorism but they are times when they have also been vilified for not doing enough to prevent the foregoing crimes. There is evidence that banks have sometimes been exploited to facilitate commission of crimes either wilfully or recklessly. In this regard, banks which do not do enough to prevent commission of crimes have been perceived as either delinquents or villains for allowing themselves to be exploited for those inclined at committing money laundering and its predicate offences. The paper explores the varied situations in which banks have been caught up in both of these foregoing situations. They have done a plausible job in safeguarding the public and prevention of money laundering and terrorism offences. They have also been perceived as villains by allowing themselves to be exploited by criminals in perpetuating the foregoing offences. In both of the foregoing extremes, public opinion has been divided – there are those who support that banks do a good job and those who brand banks as villains. Those empathising with banks argue that by requiring banks to report suspected money laundering activities creates unfriendly business environment and hostilities in a particular bank. Apparently, this school of thought posits that over-regulation of banks potentially generates a hostile business environment and scares off potential business clients not to mention generating an anti-business climate in a particular bank. To them, banks should do just banking without being encumbered to provide overarching oversight responsibilities such as fighting money laundering and terrorism. The work of preventing crimes should be responsibility of oversight institutions and authorities, and banks should not be involved in executing of the foregoing responsibilities. As such, banks have been reduced to act as policemen. However, one wonders whether the foregoing thesis suggests that banks should just sit back and be exploited for criminal purposes or accept to acquiesce wrong doing or lawlessness simply for business expediency? This paper explores the jeopardy of the bank in delivering its mandate and to evaluate where the balance between its competing obligations needs to be drawn. Banks perform duties to the customer (emanating from their contractual relationship) and its responsibility to the regulatory authorities to safeguard the public. The paper provides an exposition of the modern business regulatory landscape within which banks operate in performing their competing duties towards the customer and the public. In the modern elusive global market environment, banks are in a jeopardy because people they would least expect to be involved in money laundering could be chief instigators of money laundering (ML) and predicate crimes. This includes presidents (e.g. Sana Abacha of Nigeria), minsters, judges and other elevated government figures could be the ones instigating the commission of money laundering offences in their countries. The jeopardy of the bank is that some of the foregoing political officials could be untouchable political figures on whose its survival depends. Banks need to remain fully alert bearing in mind that with globalised business environment in which they operate, circumstances can change very rapidly. It would also be overly unnecessary to blame banks for failures in the regulatory system beyond their control such as the global crisis – which they could not have foreseen or prevented. Finally, this paper articulates the fluid environment in which the modern bank operates and its attendant challenges.

Design/methodology/approach

The paper was written by the analysis of both primary and secondary data sources focusing on vulnerability of banks in executing their mandate as financial institutions. The paper has also utilised case law on misfeasance of banks where courts have found banks for misfeasance and literally not doing enough in execution of their obligations to prevent financial crimes. This paper has also utilised some of the data utilised by the author in writing his PhD dissertation but done so in a distinctive manner to foster the objective of this paper. The author has harnessed and evaluated the foregoing data sources and adapted them in different contexts to address pertinent issues this paper was written on.

Findings

The findings are not clear cut of whether banks qualify to be branded villains or heroes. The findings have demonstrated that the majority of banks are doing a plausible job to prevent money laundering and prevention of terrorism. There are also discerning situations where banks have been less valiant in prevention of crimes and in doing so they have put themselves in a negative spotlight. The paper has utilised different data sources generated on the role of banks in providing frontline services to the public and their failure to execute the foregoing mandate diligently.

Research limitations/implications

The limitation of the paper is that it would have been better to evaluate the secondary data sources used in writing it by carrying out interviews on some issues it hinges. Due to some practicalities, it was not possible to carry out interviews or to send out questionnaires to banks and other financial institutions. As such, some of the data sources used could have been biased.

Practical implications

This paper is of significant importance for banks, regulatory authorities, governments and those with a stake in the way banks are regulated and governed. I presume the foregoing stakeholder constituencies will find it a worth read and interesting. The paper also demonstrates that some the information written on banks in newspapers is not always true and urges caution in utilising newspapers as a source of generating data. It also underscores the need for banks to be more vigilant in execution of their mandate towards different stakeholder constituencies, so that they are not inadvertently exploited for criminal purposes.

Social implications

The paper has far reaching implications for banks to be utilised in prevention of crimes in executing their mandate cautiously. It is important that much as financial institutions should be utilised in the foregoing respect, they should not be constrained by over-regulation, as this also means that they would pay dearly in compliance costs.

Originality/value

The originality of the paper is manifested that while it has relied heavily on secondary and primary data sources, it was written in a distinctive way to foster the objectives of writing it. The paper was also evaluated in the context of empirical evidence where banks have used the influence to prevent crimes or where they have been less vigilant in doing so and they have been exposed to criminal exploitation. The foregoing experiences were evaluated carefully using reliable data sources such as case law and recent legislation.

Details

Journal of Money Laundering Control, vol. 18 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 28 March 2015

David McQueen

The focus of the chapter is on disputes around corporate social responsibility (CSR) in the fossil fuel industry and how media and social networking technologies are deployed in a…

Abstract

Purpose

The focus of the chapter is on disputes around corporate social responsibility (CSR) in the fossil fuel industry and how media and social networking technologies are deployed in a virtual war between oil corporations and dissident, activist and protest groups.

Methodology/approach

Communications by BP, Shell, and their opponents in this virtual war are compared, especially in relation to the creative use of the internet, digital technologies, and social media. Through a case study approach, the chapter shows how communications often center on contested notions of CSR and claims by the oil giants about their environmental impact, which opponents dismiss as “greenwashing.” The various techniques deployed by both sides in this wide-ranging “PR war” are explored and contrasted in detail.

Findings

The findings for each case study reveal the diverse, complex, and changing nature of the relationship between the oil industry and its critics. The chapter concludes by arguing that if CSR is seen as “greenwashing” by the public, it is only likely to fuel widespread skepticism of the oil and gas sector and of corporate claims about the environment more generally.

Research limitations/implications

The research offers a snapshot of online and social media campaigns and PR strategies and tactics within the oil and gas industry rather than empirically grounded set of findings that can be easily applied to other fields.

Practical implications

Practical implications include attention to inflated or understated claims and the use of citizen testimony and humor to puncture CSR “rhetoric.” There is consideration of use of digital technologies by activists and attention to the way public debates and consultations are conducted. The need for a more respectful engagement with local communities by all parties engaging in public relations is underlined.

Originality/value

The chapter applies the concept of “asymmetrical warfare” from conflict studies within the media and communications tradition to provide a fresh revaluation of the term “PR war,” It offers a rare focus on online efforts by activist to subvert CSR-related branding, marketing, and communications. Discussion of the use of parody alongside factual and emotional arguments to challenge corporate hegemony also provides revealing insights.

Details

Corporate Social Responsibility in the Digital Age
Type: Book
ISBN: 978-1-78441-582-2

Article
Publication date: 1 May 1980

UNEASY though it might be — and we just hope and trust it is not merely a truce — the settlement achieved in both British Leyland and British Steel is to be welcomed. Strikes are…

Abstract

UNEASY though it might be — and we just hope and trust it is not merely a truce — the settlement achieved in both British Leyland and British Steel is to be welcomed. Strikes are never pleasant and, in general, there are none who win and all lose. Worse, they all too often leave a feeling of resentment that is frequently fostered and exploited by those who have least either to gain or lose by continual conflict except their personal aggrandisement. It is so easy to wield a big stick when you yourself are safe from any rebounding blows from it!

Details

Work Study, vol. 29 no. 5
Type: Research Article
ISSN: 0043-8022

Article
Publication date: 1 February 1984

Kathleen Heim

The dismissal of the ordinary and the embrace of chaos are characteristics of the thriller which has, over the last decade, accounted for nearly 25 percent of the best‐seller…

Abstract

The dismissal of the ordinary and the embrace of chaos are characteristics of the thriller which has, over the last decade, accounted for nearly 25 percent of the best‐seller market. In spite of its existential overtones, the thriller, with rare exceptions, is seldom viewed as quality fiction, yet is not generally classified as genre fiction with attendant categorization by libraries and bookstores. Readers of thrillers in pursuit of authors must either search through the general fiction or “mystery” shelves where thrillers are sometimes placed. However, the latter solution offends both mystery and thriller readers.

Details

Collection Building, vol. 6 no. 1
Type: Research Article
ISSN: 0160-4953

Article
Publication date: 1 May 1970

THE process of setting up the new Polytechnics initiated by the White Paper of May, 1966 entitled “A Plan for Polytechnics and other Colleges” is now approaching completion. Of…

Abstract

THE process of setting up the new Polytechnics initiated by the White Paper of May, 1966 entitled “A Plan for Polytechnics and other Colleges” is now approaching completion. Of the 30 Polytechnics proposed 14 have now been established and practically all the others should be in operation by next September. All of them embrace one or more Colleges of Technology. Colleges of Art, Building and Commerce are also involved and, in two cases, Colleges of Education.

Details

New Library World, vol. 71 no. 11
Type: Research Article
ISSN: 0307-4803

Article
Publication date: 8 May 2018

Mohammed Ahmad Naheem

This paper aims to review some of the current challenges that international money laundering schemes are posing in the Chinese banking sector. Anti-money laundering (AML) systems…

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Abstract

Purpose

This paper aims to review some of the current challenges that international money laundering schemes are posing in the Chinese banking sector. Anti-money laundering (AML) systems in China are relatively new, and customer due diligence checks and other AML systems are underdeveloped in some areas.

Design/methodology/approach

The paper considers a particular case example of a multi-company organization that has known links to China. This company has been the target of both European and US investigations for suspected embezzlement and money laundering, and yet is still in operation.

Findings

The paper considers the complexities of this organization and how a seemly innocent link to a used clothing charity can fund an international organization spanning several countries. The paper offers a list of basic indicators of risk that could be applied to a risk-based system used within the Chinese banking context by using this group as an example.

Originality/value

The paper uses empirical and academic studies from other authors working in this region and supports many of the findings of the need to develop stronger risk-based, as opposed to rules-based, systems for managing AML risk assessment. Previous work by the author and suggestions from other authors are both used to suggest a basic framework for AML risk assessment. The paper concludes by reiterating the fact that China, like all other countries, is now operating in an international banking context, in much the same way that international organized crime is also operating at a global level.

Details

Journal of Money Laundering Control, vol. 21 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 7 July 2004

Lyn H Lofland

This paper is the initial published report of an ongoing research project focused on the occupational world and culture of the real-estate developer.1Data sources include…

Abstract

This paper is the initial published report of an ongoing research project focused on the occupational world and culture of the real-estate developer. 1 Data sources include intensive interviews with (mostly) California developers and associated occupational groups (e.g. architects, planners), participant observation of developer-oriented workshops and conferences, and diverse publications including: (1) the work of social science colleagues who have dealt – sometimes directly, mostly tangentially, with the topic; (2) biographies and autobiographies of contemporary and historic individuals who are “captured” by my classificatory scheme, that is, who I can clearly categorize as being in the development business or who are, at minimum, fellow travellers; (3) newspaper articles, columns, and op-ed pieces dealing with individual developers, with development projects and with support of or opposition to either; (4) social histories which capture the “who did what and when” details of growth and patterning of specific human settlements; (5) information available on the internet (and there is a great deal of it) dealing with both individual developers and with developer-related organizations; (6) publications (newsletters, journals, and so forth) of organizations which either directly represent or are enmeshed with or are in opposition to this occupational group; and (7) fictional works (films, short stories, TV, novels, newspaper and magazine cartoons, etc.) in which one or more of the characters is a developer.1 It is perhaps not surprising that this first report should deal with matters of symbolism, of imagery: As a self-identified symbolic interactionist and, more tellingly perhaps, as a student of Anselm Strauss, 2 Strauss’ Images of the American City (1961) and his edited, The American City: A Sourcebook of Urban Imagery (1968) were among the first works I encountered by him and they continue to be major influences on my thinking about urban matters of all sorts.2 these are the sort of issues that come most readily to mind whenever I am surveying data on almost any phenomenon. And while there are many, many other “stories” to be told about this occupation, I think it is fair to assert that all of them – or at least those dealing with the contemporary situation – will have to be understood against the backdrop of what I have come to think of as the developers’ “image problem.”

In what follows, I will first, overview my rationale for undertaking this study; second, provide some data to support the claims made by the title of the piece, i.e. that developers are seen as villains and that theirs is reasonably captioned a “stigmatized occupation” and then offer other data to question the accuracy of that image; third, propose a triplet of (among, undoubtedly, many other) reasons for this apparent mis-match between image and “reality”: and finally, in a concluding section, speculate a bit about consequences of this occupational stigmatization.

Details

Studies in Symbolic Interaction
Type: Book
ISBN: 978-1-84950-261-0

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