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1 – 10 of over 1000Prosecutors are politically elected officials entrusted with the sensitive responsibilities of prosecuting law violators. The strength and admissibility of evidence is tantamount…
Abstract
Prosecutors are politically elected officials entrusted with the sensitive responsibilities of prosecuting law violators. The strength and admissibility of evidence is tantamount to a successful prosecution, not politics, personal views, or other outside influences. And, the Supreme Court has ruled that prosecutors must ensure justice is achieved for crime victims and criminal defendants alike. However, outside influences, personal views, and other factors may influence a prosecutor’s leadership and decision making in some criminal cases. Since the office of prosecution is an elected position, their success is based on convictions whether achieved through plea bargaining or a guilty verdict at trial. This chapter examines criminal cases in which prosecutorial leadership strategies and decisions have circumvented justice in the name of politics or political correctness. The lack of evidence or withholding of evidence in these cases suggests that some prosecutors are more interested in personal or political interests rather than justice.
The purpose of this paper is to assess the challenges of proving criminality in money laundering cases and the extent to which forensic accountancy within law enforcement can…
Abstract
Purpose
The purpose of this paper is to assess the challenges of proving criminality in money laundering cases and the extent to which forensic accountancy within law enforcement can assist in meeting them.
Design/methodology/approach
This paper reviews the development of relevant case law; and considers legal viewpoints on the use of forensic accountancy evidence in court.
Findings
The use of forensic accountancy within law enforcement provides a means of enabling Proceeds of Crime Act 2002 (POCA) achieve the results it was enacted to achieve.
Research limitations/implications
A more resilient attitude to financial complexity is required on the part of prosecutors if complexity is not to continue to succeed as a method of rendering serious financial crime immune to prosecution.
Social implications
The money laundering provisions of POCA are enacted to provide a means of prosecuting the leaders and professional enablers of organised crime groups who benefitted from crime but were able to divorce themselves from the actual crimes committed on their behalf. The failure of POCA to effectively deliver on this objective undermines its authority and reputation and thereby reduces hope in the communities that are vulnerable to organised crime.
Originality/value
The use of forensic accountancy within law enforcement is a new initiative. This paper sets out the need for such an initiative and it can make a significant contribution in the fight against organised crime.
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Zaiton Hamin, Wan Rosalili Wan Rosli, Normah Omar and Awang Armadajaya Pengiran Awang Mahmud
The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under…
Abstract
Purpose
The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under the Proceeds of Crime Act 2002 (POCA).
Design/methodology/approach
This paper employs a doctrinal legal analysis and secondary data, which analyze the primary source, which is POCA itself, and secondary sources including case law, articles in academic journals, books and online databases.
Findings
The authors contend that the courts in the UK have been dynamically interpreting the ambit of money laundering offenses in POCA and that despite such judicial activism in the construction of criminal property, it has provided a much needed certainty to the law.
Originality/value
This paper could be a useful source of information for the practitioners, academicians, policymakers and students in this particular area of crime.
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This paper explores the political and legal issues contained in the law and jurisprudence surrounding missing American service personnel. It argues that the Missing Service…
Abstract
This paper explores the political and legal issues contained in the law and jurisprudence surrounding missing American service personnel. It argues that the Missing Service Personnel Act of 1995 is an effect of the legacy of the Vietnam War rather than a response to a particular legal problem. The essay further contends that we should be suspicious of the effort to transform the balance sheet of war into a justiciable legal question, primarily because the requirement to produce a body fails to disarm the representational economy in which the absent body constitutes a continuation of Vietnam War hostilities.
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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To publicise the little known work of Eli Devons (1950) as a source of practical operations management “know how”, collated by an economist but of direct interest to wider academe.
Abstract
Purpose
To publicise the little known work of Eli Devons (1950) as a source of practical operations management “know how”, collated by an economist but of direct interest to wider academe.
Design/methodology/approach
Evaluation of World War II UK aircraft production procedures against published literature and available case studies in operations management.
Findings
Specific and substantial anecdotal evidence suggesting that both bullwhip and learning curve losses were common phenomena waiting to be discovered.
Research limitations/implications
Much of the original evidence is circumstantial but still capable of triangulation because of multiple events pointing to the same causality.
Practical implications
Identifies generic problems and solutions but also pinpoints areas which are applications specific.
Originality/value
The re‐discovery that learning curve and bullwhip phenomena were rife 60 years ago supports the view that knowledge and its exploitation is episodic. Specifically, as soon as the environment returns to normal, so are the lessons learned under duress quickly forgotten.
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Mukda Puangshiri and Brian H. Kleiner
Outlines the principle of retaliatory discrimination. Covers the essential elements of such a claim and the ways they can be proven. Gives details of the new Equal Opportunity…
Abstract
Outlines the principle of retaliatory discrimination. Covers the essential elements of such a claim and the ways they can be proven. Gives details of the new Equal Opportunity Commission guidelines and proceeds to discuss the concerns of employers, such as the burden of proof, the juror’s sympathy and the associated costs of legal proceedings.
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Bahaudin G. Mujtaba, Frank J. Cavico and Tipakorn Senathip
Appearance is part of a person's non-verbal communication, and looks are often associated with the perceived ‘attractiveness’ of individuals for hiring practices in the workplace…
Abstract
Appearance is part of a person's non-verbal communication, and looks are often associated with the perceived ‘attractiveness’ of individuals for hiring practices in the workplace. As such, physical attractiveness can be a ‘prized possession’ when it comes to leaving a positive impression on managers who are interviewing candidates. In the twenty-first century environment, our society seems to be more obsessed with physical appearance than ever before because society has conditioned us to associate beauty with other favourable characteristics. Of course, such appearance norms, regarding attractiveness, ‘good looks’ and beauty are linked to years of socialisation in culture, cultural norms and materialistic personality standards.
In a business context, managers and employers often make hiring decisions based on the appearance and attractiveness of the job applicants since outward appearance seems to play a significant role in which candidates eventually might get the job. Physically attractive job applicants and candidates tend to benefit from the unearned privilege, which often comes at a cost to others who are equally qualified. Preferring employees who are deemed to be attractive, and consequently discriminating against those who are perceived as unattractive, can present legal and ethical challenges for employers and managers. In this chapter, we provide a discussion and reflection of appearance-based hiring practices in the United States with relevant legal, ethical and practical implications for employers, human resources professionals and managers. We focus on ‘lookism’ or appearance discrimination, which is discrimination in favour of people who are physically attractive. As such, we examine federal, state and local laws regarding appearance discrimination in the American workplace. We also offer sustainable policy recommendations for employers, HR professionals and managers on how they can be fair to all candidates in order to hire, promote and retain the most qualified professionals in their departments and organisations.
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Nikola Dujovski and Snezana Mojsoska
This paper aims to describe and discuss the role of the police in anti-money laundering, with particular reference to the situation in the Republic of Macedonia.
Abstract
Purpose
This paper aims to describe and discuss the role of the police in anti-money laundering, with particular reference to the situation in the Republic of Macedonia.
Design/methodology/approach
A doctrinal approach is used to describe the role of the police in anti-money laundering policy, as well as to discuss whether the police is the central and main body in the fight against this crime. Deductive and inductive methods are used to analyze the collected data about Macedonian activities, provided by domestic and international organizations and institutions. Government agencies, institutions and bodies with different capacities for identifying and combating money laundering are included.
Findings
According to global statistics, about $2tn is laundered annually. Money laundering directly affects general economic and social life and the entire development, which shows why the concerns about this phenomenon have been growing worldwide. The most important issue in combating money laundering refers to preventing and detecting the problem. The police have the central role in combating money laundering in the Republic of Macedonia, but they must co-operate with public prosecutors and other agencies to fight this crime with more success. Even though Macedonian legislation is harmonized with European Union (EU) directives, there are a lot of activities in the field of money laundering to be done to fulfill EU standards. Relevant collected data were acquired from MONEYVAL reports, annual reports from the Ministry of Interior, Public Bureau of Statistics and statistics from the public prosecutor’s office, including all published documents.
Originality/value
The paper answers questions related to the role and effectiveness of the police by examining different authorizations and powers. Different approaches in implementing the law are specified and suggestions to overcome “two voices” are given. A comparative approach is also used to demonstrate the number of criminal charges per year, mainly collected by the public prosecutor’s office. The authors analyze whether additional training is needed for the police. All institutions should collaborate with the police because money laundering offences may be disclosed during investigations of other offences.
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