Search results

1 – 10 of over 6000
Article
Publication date: 5 May 2015

Anna Sergi

The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and…

1244

Abstract

Purpose

The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences.

Design/methodology/approach

The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City.

Findings

After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences.

Research limitations/implications

This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law.

Originality/value

The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.

Details

Journal of Money Laundering Control, vol. 18 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 31 July 2009

Peter Enderwick

This paper seeks to explore the applicability of the eclectic framework of international production in explaining the growth of transnational crime groups.

1997

Abstract

Purpose

This paper seeks to explore the applicability of the eclectic framework of international production in explaining the growth of transnational crime groups.

Design/methodology/approach

The paper adopts a comparative discussion perspective. It examines a number of both similarities and differences between legitimate and illegal international business organizations suggesting that similarities between the two are sufficient to ensure the usefulness of existing explanatory frameworks which focus on ownership, location and internalization (OLI) advantages.

Findings

Similarities are apparent in the growing internationalization of criminal activities and the emergence of network structures. Key changes in the business environment, particularly globalization and technological change, are affecting both legitimate and illegal business. Like legitimate business, international crime is undergoing significant change. Increased diversification is apparent as traditional criminal activities – gambling, loan sharking and prostitution – are combined with cross‐border automobile smuggling, art and archaeological theft, arms trafficking, trade in illegal wildlife products and credit‐card fraud.

Originality/value

The discussion suggests a “mirroring” of legitimate international business strategies and structures by transnational criminal organizations. This raises interesting policy implications as to how such organisations might develop over time and how policy could be used to contain such activities.

Details

Critical perspectives on international business, vol. 5 no. 3
Type: Research Article
ISSN: 1742-2043

Keywords

Book part
Publication date: 22 May 2015

Robert Smith and Gerard McElwee

To explore and document the emerging international market for stolen tractors and plant in the United Kingdom. Whilst this may appear to be a criminological problem relating…

Abstract

Purpose

To explore and document the emerging international market for stolen tractors and plant in the United Kingdom. Whilst this may appear to be a criminological problem relating specifically to rural crime, it is a sophisticated international criminal business organised by traditional organised crime groups (OCGs) such as the Italian, Polish and Turkish Mafia’s in conjunction with a network of criminal entrepreneurs.

Methodology/approach

Using annual statistical data provided by National Farmers Union (NFU) Mutual and Plant and Agricultural National Intelligence Unit (PANIU) and other material sourced using documentary research techniques supplemented by qualitative interviews with industry specialists we present 10 micro-case studies of rural OCGs engaged in this lucrative enterprise crime. The data is verified and authenticated using narrative inquiry techniques.

Findings

There is an entrepreneurial dimension to the crime because traditional criminal families with knowledge of rural areas and rural social capital form alliances with OCGs. The practical utility of the NFU model of entrepreneurial alliances with interested parties including the police is highlighted.

Research limitations/implications

Implications for research design, ethics and the conduct of such research which are identified and discussed. These include the need to develop an investigative framework to protect academic researchers similar to guidelines in place to protect investigative journalists.

Practical implications

An investigative framework and the adaption of the business model canvass (Osterwalder & Pigneur, 2010) to cover illegal business models are proposed.

Social implications

Suggestions are provided for the need to legislate against international criminal conspiracies.

Originality/value

Uses a mixture of entrepreneurship and criminological theories to help develop an understanding of the problem from an investigative perspective.

Details

Exploring Criminal and Illegal Enterprise: New Perspectives on Research, Policy & Practice
Type: Book
ISBN: 978-1-78441-551-8

Keywords

Article
Publication date: 12 February 2024

Robert Smith and Gerard McElwee

This study builds on the extant research of the authors on illegal rural enterprise (IRE). However, instead of taking a single or micro case approach within specific sections of…

Abstract

Purpose

This study builds on the extant research of the authors on illegal rural enterprise (IRE). However, instead of taking a single or micro case approach within specific sections of the farming and food industries we examine the concept holistically from a macro case perspective. Many IRE crimes simply could not be committed without insider knowledge and complicity, making it essential to appreciate this when researching or investigating such crimes.

Design/methodology/approach

Using data from published studies, we introduce the theoretical concept of “Shadow infrastructure” to analyse and explain the prevalence and endurance of such criminal enterprises. Using a multiple case approach, we examine data across the cases to provide an analysis of several industry wide crimes—the illicit halal meat trade; the theft of sheep; the theft of tractors and plant; and the supply of illicit veterinary medicines.

Findings

We examine IRE crimes across various sectors to identify commonalities in practice and in relation to business models drawing from a multidisciplinary literature spanning business and criminology. Such enterprises can be are inter-linked. We also provide suggestions on investigating such structures.

Practical implications

We identify academic and practical implications in relation to the investigation of IRE crime and from an academic perspective in relation to researching the phenomenon.

Originality/value

This study combines data from numerous individual studies from a macro perspective to provide practical solutions to a multifaceted problem.

Details

Policing: An International Journal, vol. 47 no. 3
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 9 January 2007

Barry A.K. Rider

Until very recently there was little real concern in governments and inter‐governmental organisations to address the problems and issues of corruption in the context of…

1778

Abstract

Purpose

Until very recently there was little real concern in governments and inter‐governmental organisations to address the problems and issues of corruption in the context of sustainable development and stability. This article aims to focus on the present situation with regard to asset recovery in the domestic and international arena.

Design/methodology/approach

The article takes the form of an analysis and discussion of the present situation.

Findings

The new United Nations Convention on Corruption represents a significant achievement in the on going fight against those who seek to corrupt societies. It does not and cannot provide a panacea. There are numerous compromises, fudges and lacuna. However, it does point in the right direction in regard to many issues and provide a vehicle for those pursuing the fight against corruption.

Originality/value

The article provides some pointers for the interdiction and recovery of the proceeds of corruption.

Details

Journal of Money Laundering Control, vol. 10 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 25 March 2021

Robert Smith

This chapter introduces the two main topics of ‘entrepreneurial policing’ and ‘criminal entrepreneurship’ and begins in Section 1.1 by considering the concept and scope of…

Abstract

This chapter introduces the two main topics of ‘entrepreneurial policing’ and ‘criminal entrepreneurship’ and begins in Section 1.1 by considering the concept and scope of entrepreneurial policing around which this monograph is organised. Its definition and ontological development are considered. Thereafter, the author briefly discuss what entrepreneurship is (and is not) and set out examples of entrepreneurship of interest to policing, including – ‘Corporate’ and ‘Team’ Entrepreneurship, ‘Intrapreneurship’, ‘Social Entrepreneurship and Animateurship’, ‘Civic Entrepreneurship’, and ‘Public Service Entrepreneurship’. The author then discusses why entrepreneurship is of critical importance to the police service and discuss worked examples. Having developed a basic understanding of the power and utility of entrepreneurship, then in more detail what the term entrepreneurial policing means and how it evolved in practice and in the academic literature are considered. In Section 1.2, the foundations of entrepreneurial policing considering its ontological and epistemological development from ‘New Public Management’ to ‘New Entrepreneurialism’ and also the influence of the merging literatures of ‘Criminal Entrepreneurship’ and ‘Entrepreneurial Leadership’ are critically examined. In Section 1.3, our consideration to include a more nuanced understanding of the what is referred to as the ‘Entrepreneurship–Policing Nexus’ including consideration of the influence of dyslexia on policing and crime and the power of the ‘Entrepreneurial’ and ‘Gangster’ dreams on entrepreneurial motivation and propensity are expanded. In Section 1.4, an attempt is made to identify who the stakeholders of this new policing philosophy are? Finally, in Section 1.5, the chapter takeaway points which both articulates and confirms the inherent importance of entrepreneurship in policing and criminal contexts are discussed and detailed.

Details

Entrepreneurship in Policing and Criminal Contexts
Type: Book
ISBN: 978-1-80071-056-6

Keywords

Article
Publication date: 14 August 2009

Robert Smith

The purpose of this paper is to focus upon organized criminals as an enterprising community and as enterprising people. Organized crime is a global phenomenon that concentrates…

2455

Abstract

Purpose

The purpose of this paper is to focus upon organized criminals as an enterprising community and as enterprising people. Organized crime is a global phenomenon that concentrates upon the development of both sustainable personal prosperity and criminal culture as they define it. Such criminal businesses and the business of criminality go far beyond simple economic and capitalist criteria and entrepreneurship and entrepreneurial ability play a significant part in creating criminal wealth. Indeed, it is part of committed criminality. Whilst acknowledging the crime‐entrepreneurship nexus the literature seldom seeks to understand entrepreneurial behaviour practiced in a criminal context. This paper therefore examines entrepreneurial behaviour in criminals looking for useful theoretical perspectives and distilling key practices by seeking to understand entrepreneurial behaviour in organized criminals.

Design/methodology/approach

The methodological approach is a qualitative one and relies on cross disciplinary readings of the literatures of crime and entrepreneurship which are developed into a conceptual model for understanding entrepreneurial behaviour in any context. The key behavioural areas which the work concentrates upon are those of modus essendi, modus operandi and modus vivendi.

Findings

That crime and entrepreneurship are interconnected areas of human endeavour which both transcend the legal and illegal economies.

Research limitations/implications

The paper is limited by its tentative and theoretical nature and by the methodology of cross disciplinary reading. Future studies are planned to test the tripartite behavioural model on real cases.

Practical implications

Viewing entrepreneurship (like criminality) as being a learned method of operating has serious practical implications because it concentrates upon behaviours and actions in specific contexts.

Originality/value

Linking this understanding to the related elements of modus vivendi and modus essendi creates a useful model for understanding entrepreneurship in any context.

Details

Journal of Enterprising Communities: People and Places in the Global Economy, vol. 3 no. 3
Type: Research Article
ISSN: 1750-6204

Keywords

Article
Publication date: 8 May 2009

Stefano Caneppele, Francesco Calderoni and Sara Martocchia

The paper aims at expanding knowledge on the presence of organized criminal groups in public contract procurement in the south of Italy. It seeks to highlight how the capabilities…

Abstract

Purpose

The paper aims at expanding knowledge on the presence of organized criminal groups in public contract procurement in the south of Italy. It seeks to highlight how the capabilities of law enforcement agencies could be enhanced by means of criminological models.

Design/methodology/approach

The paper sets out a criminological model with which to assess the general and specific risks of the infiltration of public procurement in the south of Italy by organized crime (OC).

Findings

According to the geographical risk assessment, infiltration by OC of public procurement seems to be widespread in some areas of south Italy, especially Sicily, Calabria and Campania. On the other hand, the specific risk may increase according to certain features of the company and its representatives, the value of the contract, the low specialization of the activities required by the public contract.

Originality/value

The paper describes a criminological model with which to assess the general and specific risk of infiltration by OC of public procurement in south Italy.

Details

Journal of Money Laundering Control, vol. 12 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 July 1993

B.A.K. Rider

Until recently, the involvement of syndicated and organizedcriminals in economic crime, and the idea of its exitence outside (andto some extent even within) the United States has…

Abstract

Until recently, the involvement of syndicated and organized criminals in economic crime, and the idea of its exitence outside (and to some extent even within) the United States has been discounted if not scoffed at. Describes the characteristics of organized crime and, specifically, economic organized crime, and its facilitators. Relates some “horror stories” to illustrate the seriousness of the problem. Examines the difficulties involved in combating organized economic crime and some of the efforts to counter it being made at international level.

Details

Managerial Auditing Journal, vol. 8 no. 7
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 14 October 2013

Robert Smith

This research paper aims to examine how organized criminals rescript their identities to engage with entrepreneurship discourse when authoring their biographies. From a…

1014

Abstract

Purpose

This research paper aims to examine how organized criminals rescript their identities to engage with entrepreneurship discourse when authoring their biographies. From a sociological perspective, stereotypes and social constructs of the entrepreneur and the criminal are subjects of recurring interest. Yet, despite the prevalence of the stereotype of the entrepreneur as a hero-figure in the entrepreneurship literature and the conflation of the entrepreneur with the stereotype of the businessman, notions of entrepreneurial identity are not fixed with constructions of the entrepreneur as a rascal, rogue or villain being accepted as alternative social constructs.

Design/methodology/approach

The qualitative approaches of “biographical analysis” and “close reading” adopted help us draw out discursive strategies.

Findings

The main finding is that a particular genre of criminal biographies can be re-read as entrepreneur stories. The theme of nuanced entrepreneurial identities and in particular gangster discourse is under researched. In this study, by conducting a close reading of contemporary biographies of British criminals, the paper encounters self-representations of criminals who seek to author an alternative and more appealing social identity as entrepreneurs. That this re-scripting of personal biographies to make gangster stories conform to the genre of entrepreneur stories is of particular interest.

Research limitations/implications

This study points to similarities and differences between criminal and entrepreneurial biographies. It also presents sociological insights into an alternative version of entrepreneurial identity and sociological constructions of the criminal as entrepreneur.

Practical implications

This research provides an insight into how criminals seek to legitimise their life-stories.

Originality/value

This research paper is of value in that it is the first to consider contemporary biographies of British criminals as entrepreneurship discourse. Understanding how criminal biographies and entrepreneur stories share similar socially constructed themes, storylines and epistemologies contribute to the development of entrepreneurship and sociological research by examining entrepreneurship in an unusual social setting.

Details

Journal of Enterprising Communities: People and Places in the Global Economy, vol. 7 no. 4
Type: Research Article
ISSN: 1750-6204

Keywords

1 – 10 of over 6000