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1 – 10 of over 11000Located within growing scholarly interest in linking the global financial crisis with revelations of financial crime, this piece utilises Roman Tomasic's suggestion that the…
Abstract
Purpose
Located within growing scholarly interest in linking the global financial crisis with revelations of financial crime, this piece utilises Roman Tomasic's suggestion that the financial crisis has marked something of a turning point in regulatory responses to financial crime worldwide. Tomasic attributes this to changing attitudes towards light-touch regulation and risk assessment, and the demand for existing agencies to be replaced with new tougher authorities. In the UK, this can be illustrated by the imminent replacement of the FSA with the Financial Conduct Authority (FCA). The paper aims to discuss these issues.
Design/methodology/approach
Discussion of the FSA's financial crime fighting activity is an important forecast for the likely directional focus of the FCA in this regard. A focus only on “market abuse” enforcement within this arises on account of the effects for financial systems widely attributed to this activity, with threats to systemic stability being a hallmark of the 2007-2008 financial crisis. This methodology also encourages coherence in focus and management of sources within the article. Market abuse enforcement provides a lens for exploring the FSA's adoption of the philosophy and ethos of “credible deterrence”, and FCA commitment to retain it, and ultimately for applying the hypothesis of the “haphazard pursuit of financial crime” to pre-crisis criminal enforcement relating to financial crime undertaken by the FSA.
Findings
The FSA and FCA appear acutely aware that the financial crisis has marked something of a turning point for the enforcement of financial crime, and for signalling changes in approach, for the reasons explored by Tomasic. Tomasic correctly identifies factors encouraging a range of undesirable practices pre-crisis, and ones signalling tougher and more sustained attention being paid to financial crime henceforth. It is noted that, pre-crisis, the FSA's pursuit of criminal enforcement of market abuse was conscious, comprehensively resourced, well publicised, and actually extensive.
Originality/value
This exploration of the FSA's criminal enforcement of market abuse given the Authority's own perceptions that it was not, and could never be, a “mainstream” criminal prosecutor considers the likely lasting legacy of this determined pursuit, when domestic politics and pan-European policies suggested against this. This is likely to be enormously valuable as the FCA undertakes this task in a domestic arena which is markedly in contrast from this, and where European agendas are pushing in favour of criminal enforcement, with the “more Europe, or less” debate providing a further dimension of interest.
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Constantin Stefanou and Helen Xanthaki
The Greek regime on money laundering tends to be unknown to most foreign experts. This is partly due to the language barrier and partly due to the admittedly minimal bibliography…
Abstract
The Greek regime on money laundering tends to be unknown to most foreign experts. This is partly due to the language barrier and partly due to the admittedly minimal bibliography on the regulation of money laundering both within the country and outside it. The limited bibliography is emphasised by a total lack of recorded criminal cases for money laundering brought before the Greek courts. The aim of this article is to present and examine Greek legislation and policy on money laundering. The necessity for a dedicated legislative text, hotly disputed by some legal experts in Greece, and the two Greek attempts at compliance with the EU Money Laundering Directive will be examined, as will the political parameters of this issue. Their repercussions on the enforcement of money laundering legislation will be assessed.
The purpose of this paper is to examine the role of private sector in Indonesia to prevent and combat corruption practices. The eradication of corruption is not only the…
Abstract
Purpose
The purpose of this paper is to examine the role of private sector in Indonesia to prevent and combat corruption practices. The eradication of corruption is not only the government’s problem which can be solved only by government regulations. The private sector should be involved in and be aware of these matters because of the huge interest of the business activities concerning national interest as well as their private interest to achieve highest profit.
Design/methodology/approach
This paper explores the Indonesian laws on corruption eradication and analyzes the important role of the private sector that needs to be built.
Findings
The role of private sector in the financial system can be viewed as a non-penal policy, which has a great impact as a prevention method to combat economic crimes such as corruption. A new perspective is needed to build, balance and integrate the role of the private sector. As a new perspective combating corruption, Indonesian Laws on Corruption Eradication is fostering the role of the private sector in promoting integrity and good corporate governance.
Practical implications
The paper can be a source to explore the eradication of corruption based on Indonesian perspectives.
Originality/value
This paper contributes by encouraging the private sector to prevent corruption and bribery practices, which, nowadays, are common in Indonesia.
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This article argues that while the hate crime model has accelerated criminal justice agencies' understanding of the importance of the victim‐centred approach to investigating and…
Abstract
This article argues that while the hate crime model has accelerated criminal justice agencies' understanding of the importance of the victim‐centred approach to investigating and prosecuting hate crime, at the same time it risks oversimplifying the victim experience. Recent reports published by the Metropolitan Police Service and the Equality and Human Rights Commission suggest that the victim experience of hate crime is very complex, with a number of impacts and risks at the intersections of identity. The concept of intersectionality, as explained by Horvath and Kelly (2008), is applied to identify some improvements that can be made in criminal justice policy to better recognise and address ‘what is really going on’ for victims of hate crime.
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The purpose of this paper is to evaluate the role of customs and morality on financial crime control in developing countries, against the background of inherited foreign laws and…
Abstract
Purpose
The purpose of this paper is to evaluate the role of customs and morality on financial crime control in developing countries, against the background of inherited foreign laws and international best practice.
Design/methodology/approach
The research is explanatory, descriptive and exploratory, relying extensively on existing anti-graft journals, text books, decided cases, constitutional provisions, statutory provisions and United Nation Conventions.
Findings
The research findings and analysis propose that the existing financial crime control measures in developing nations fail to consider local customs and circumstances in formulating anti-corruption policies and laws; consequently, a meaningful and effective financial crime control in developing nations, especially in Nigeria, requires the customs and culture to be examined and evaluated with a view to designing a pragmatic policies and laws.
Originality/value
The paper contributes practical options to observed lapses in the existing financial control laws, especially corruption. The paper will be valuable to African Governments, corporations and the academic community.
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‘It is incorrect to view the recovery of the profits of unlawful activity as a part of the criminal justice process and, as such, justifiable only on the basis of a prior finding…
Abstract
‘It is incorrect to view the recovery of the profits of unlawful activity as a part of the criminal justice process and, as such, justifiable only on the basis of a prior finding of guilt according to the criminal standard of proof beyond reasonable doubt.’
Introduces the new Polish Penal Code; passed in 1997, it is one of many statutes which are adapting Polish criminal law to the free economy, and includes provisions for economic…
Abstract
Introduces the new Polish Penal Code; passed in 1997, it is one of many statutes which are adapting Polish criminal law to the free economy, and includes provisions for economic crime. Outlines its provisions for corruption, which are contained in Chapter XXXVI: Offences Connected with Business Transactions, Article 228. Moves on to the money laundering provisions, which are contained in Article 299; this is very long and contains faults, which explains why there have been no convictions for this very complex offence. Considers the basic principles of responsibility in Polish criminal law, expressed in Articles 109‐113 of the Polish Criminal Code. Concludes that the laws against both corruption and money laundering indicate that the Penal Code has hastily responded to pressure from the international community.
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The purpose of this paper is to report on how honour-related violence (HRV) is understood and managed by professionals in Finland, emphasising the need to consider collectivity as…
Abstract
Purpose
The purpose of this paper is to report on how honour-related violence (HRV) is understood and managed by professionals in Finland, emphasising the need to consider collectivity as an influential factor. Therefore, this paper introduces the concept of “collective violence”. By investigating the level of awareness and recognition of these violence phenomena, this paper discusses both preventative and punitive measures that Finnish authorities are able to work with.
Design/methodology/approach
A total of 111 Finnish anti-violence professionals completed a survey that aimed to qualitatively investigate their perceptions of HRV and collectivity.
Findings
The findings of this study indicated that collective violence is generally poorly recognised among professionals in Finland. At present, both victim services and criminal justice system lack adequate structures to deal with issues of collective violence. These findings indicate that authorities need further education on HRV and collectivity, as well as debates on whether the criminal code should be amended to meet international requirements.
Originality/value
As this violence has been researched only sporadically in the Finnish context, this study provides new insight to under-researched area of honour-related and collective violence in Finland. These findings may assist other European countries dealing with similar issues as well as guiding preventative and punitive measures within the Finnish context.
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Anna Serebrennikova, Tatiana Minyazeva, Denis Dobryakov, Valentina Shiyаn and Olga Afanasieva
In today’s world, the prevention and detection of corruption offences are becoming increasingly important. The most important tasks are to create an intolerant public attitude…
Abstract
Purpose
In today’s world, the prevention and detection of corruption offences are becoming increasingly important. The most important tasks are to create an intolerant public attitude towards this phenomenon, to monitor it in dynamics and to develop new ways of combating it, responding to the development and improvement of criminal techniques. The purpose of this paper is to study the practice of introducing e-customs, the possible prospects related to the creation of an intellectual customs office.
Design/methodology/approach
An analytical method was used, including the study of scientific literature and publications, current legislation, statistics, customs plans and practices and foreign experience.
Findings
It is indicated that the variability of the nature and methods of committing crimes in the context of the Fourth Industrial Revolution makes it appropriate to formulate corruption as a formal offence.
Practical implications
This study may be of use to students and academics, as well as practitioners in customs, law enforcement agencies and legislative bodies.
Originality/value
Suggestions have been made to improve approaches to planning work towards digitalisation in the customs sector, in terms of analysing and considering the potential for corruption-proneness and anti-corruption potential of innovations, exploring the use of blockchain for conducting procedures, maintaining registers and other record-keeping systems.
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Kendra Bowen, Erika Frenzel and Jason D. Spraitz
In the USA, sex offender policy research has focussed on demographic characteristics of registrants, recidivism rates of registrants, accuracy and completeness of listed…
Abstract
Purpose
In the USA, sex offender policy research has focussed on demographic characteristics of registrants, recidivism rates of registrants, accuracy and completeness of listed information, and the collateral consequences experienced by registrants. This growing body of research demonstrates the need to explore offender perceptions of sex offender registration and notification (SORN) laws. The purpose of this paper is to assess whether registration related variables influenced sex offenders’ opinions about the registry, compliance with the registry, self-worth, and deterrence perceptions.
Design/methodology/approach
This paper utilized a sample of 286 male registered sex offenders (RSO) in Pennsylvania, Texas, and Wisconsin. Four multivariate regression models were run to examine registration related variables impact on sex offender opinions of the registry, registry compliance, feelings of self-worth, and perceptions of deterrence.
Findings
The multivariate regression results suggest registration related variables have a significant impact on RSO opinion of the registry, compliance with the registry, and opinions of self. Specifically, the number of collateral consequences that one experienced, police contacts that RSOs had, and being recognized as a sex offender were significantly related to the dependent variables in the regression models.
Originality/value
This study adds to the body of research that indicates sex offenders experience a myriad of consequences that are outside the scope of the registered sex offender laws. Policy implications and societal consequences of these findings are discussed, as well as a future research agenda.
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