Search results

There is an evolving literature on criminal entrepreneurship which situates it as a sub-topic of the organised crime literature and either mythologies and elevates the criminal entrepreneur to Mafioso status or ascribes it to being an activity carried out by criminal cartels; or else it trivialises and minimises it as being ‘White-Collar Criminality’. In reality, entrepreneurship pervades everyday criminal life as it pervades the everyday practices of policing. In this chapter, the author acknowledges the existence of a ‘Crimino-Entrepreneurial Interface’ populated by a cast of criminal actors including the ubiquitous ‘Businessman Gangster’. These criminally entrepreneurial actors operate within a specific milieu or ‘Enterprise Model of Crime’ and operate alongside the legitimate ‘Entrepreneurial Business Community’. Within the two conjoined systems, there is a routine exchange of interactions either parasitical or symbiotic and these coalesce to form an ecosystem of enterprise crime in which it is not only the ubiquitous criminal entrepreneur who is present but a veritable cast of entrepreneurially motivated criminal actors. As well as the established business community there is a parallel, alternative community which is situated in the so-called ‘Criminal Areas’ where the traditional criminal fraternity carry out their nefarious entrepreneurial activities. Within such areas, an underclass exists which provides the criminal workforce for organised crime. The traditional criminal ecosystem is the natural habitat for the police, and it is around this activity that police are traditionally organised. A perpetual cycle of crime is set up which requires policing, but this leaves an unpoliced void which the entrepreneurial criminals exploit. It is necessary to understand the criminal places and spaces exploited by Organised Crime and what roles other criminal actors and facilitators play in the enterprise model. It is also necessary to understand the so-called ‘Perverse Model of Policing’ which distorts and magnifies the true scale of the problem and to appreciate how Serious and Organised Crime corrupt and infiltrate the legitimate ‘upperworld’ before one can understand the true scale of entrepreneurialism in policing and criminal contexts.

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.

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.

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.

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.

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.

The stereotypes of the dodgy businessman and businessman gangster are established typologies in both the criminology and family business literature, but nevertheless, there is still an evident dearth of substantive studies on the topic. Family business scholars have begun to acknowledge the limited nature of such explorations of criminality in family firm businesses. The purpose of this article is therefore to review, synthesise and solidify existing research on this under-researched area of family business management.

This perspective article explores and synthesises the links between acquisitive crime, criminal predation and family business to address an identifiable research gap in the literature of criminology, entrepreneurship and family business. It examines the overlap between criminal activities and business practices, shedding light on how individuals in the family business community may become involved in criminal activities due to various factors, including coercion, addiction and financial gain.

This perspective highlights emerging research trends that have the potential to increase the knowledge about the “dark side” of family business.

Being a perspective paper this brief exploration of the literature can only cover a small cross section of the literature. A conceptual model emerges, which illustrates shared aspects of crimino-entrepreneurial identity between authentic entrepreneurs and criminals.

This perspective article scopes the extant literature covering the links between acquisitive crime, criminal predation and family business to help guide the direction of future research. The piece presents new perspectives on the intersection of acquisitive crime and family business, and its novelty lies in its synthesis of the disparate elements from the diverse literature to contribute to the said literature.

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.

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.

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

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.

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.

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

The use of law reports as a source for data on citation patterns in the courts of law has been pioneered in the United States and to some extent in Canada. Very little work has been undertaken within the English legal system until now. The difficulties faced are noted: the complexity of the court structures and the law reporting system, but above all the limitations of using law reports rather than the original case transcripts which are difficult to obtain. A citation file was built from the citations included in all the issues of fifty‐eight different law report titles issued during 1985. Since there is a degree of duplication in coverage of cases between the law report publications, 5,260 versions of 2,451 unique cases were discovered, yielding a file of 25,868 citations (excluding those to statutory materials). The file was reduced to 11,159 citations (excluding those to statutory materials) by selecting only the longest versions, according to the number of words, of each of the 2,451 cases. Analyses are presented on the general characteristics of the citation file (the proportion of citations to each of twenty‐four different material types), the frequency of citation to statutory materials, case law and other materials (each cross‐tabulated by citing court, subject matter of the citing case and, except for statutory materials, whether the citation occurred in argument by counsel only or in the judgement). For case law only further analyses were performed to identify the jurisdiction of cited cases, self citation practice by different courts, the ageing of authority, the law report titles from which cited cases were taken, the use of unreported cases, and the occurrence of cases without citations to earlier case law.

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.

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

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.

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.

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

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.

As the US criminal justice system and immigration system increasingly interconnect, even immigration policy that is facially race-neutral may involve biased practices. The purpose of this paper is to examine how institutional racism in criminal legal processes creates particular barriers for many individuals of Latin American and/or African descent facing deportation proceedings in US immigration courts, particularly in assertions regarding gang affiliation.

This research is based on ethnographic observation. The work utilized a grounded theory approach. The observation took place at public master calendar hearings at a Midwestern immigration court between 2013 and 2015, yielding over 400 pages of fieldnotes that were coded and analyzed for patterns.

Non-citizens in the USA, including lawful permanent residents, are subject to deportation if labeled “criminal.” Racial profiling and criminalization of communities of color create heightened risk of deportation. Assumptions that common tattoos or urban fashion indicate criminality, reliance on Facebook posts to “prove” gang membership, and the use of arrest records as evidence of criminality even if charges were dropped all put immigrants of Latin American and/or African descent at heightened risk.

The ethnographic method used has strong validity but weaker reliability and generalizability.

This paper can help analysts, policymakers and advocates consider how to adapt systems to increase equity.

This research provides direct examples and ethnographic evidence of how race and cultural bias in criminal legal processes and immigration policies can affect people in deportation proceedings.

The purpose of this paper is to analyze the Vietnamese laws and practices concerning the confiscation of proceeds of crime, especially in view of Vietnam’s obligations to meet the international standards on money laundering and terrorist financing, set by the Financial Action Task Force and relevant international conventions that Vietnam ratified. To limit the scope of this paper, the analysis focuses on the confiscation of proceeds of domestic crimes that do not require international legal assistance. This paper concludes with recommendations for improving the legal framework on criminal asset recovery in Vietnam.

This is a doctrinal study that considers the applicable legal framework. This study is supported by brief case studies of major cases involving the confiscation of proceeds of crime.

Vietnam has a functioning asset confiscation regime but gaps in the law, lack of financial investigation expertise and lack of focused investigative attention on asset preservation and confiscation are hampering its effectiveness. The key gaps can easily be closed with appropriate amendments to the law. These reforms should be combined with a dedicated skills development program to produce sufficient number of financial investigation experts and criminal asset management experts to support the regime. The training should extend to judicial officers to ensure an appropriate understanding of the asset confiscation law. Reforms such as these should follow on a comprehensive review of Vietnam’s law and practices relating to the confiscation and forfeiture of criminal assets. This review should extend to assets linked to the financing of terrorism and proliferation to ensure that Vietnam has a comprehensive regime to deal with criminal assets.

This paper draws on publicly available information regarding the confiscation of proceeds of crime in Vietnam. Little data is available on asset confiscation and that prevents an in-depth assessment of the regime.

This paper highlights gaps in the current asset confiscation regime and proposes reforms and approaches that will ensure a more effective asset confiscation regime for Vietnam.

This chapter examines the nature and role of theory in criminal justice evaluation. A distinction between theories of and theories for evaluation is offered to clarify what is meant by ‘theory’ in the context of contemporary evaluation practice. Theories of evaluation provide a set of prescriptions and principles that can be used to guide the design, conduct and use of evaluation. Theories for evaluation include programme theory and the application of social science theory to understand how and why criminal justice interventions work to generate desired outcomes. The fundamental features of these three types of theory are discussed in detail, with a particular focus on demonstrating their combined value and utility for informing and improving the practice of criminal justice evaluation.

The title of this paper immediately raises a number of issues. Is there such an entity as ‘the proceeds of crime community’? If such an entity exists, can it be ‘managed’? What role does knowledge play in the community? This paper attempts to explore such issues, with particular reference to the field of financial investigation. It does so in the light of the report entitled ‘Recovering the Proceeds of Crime’, published by the Performance and Innovation Unit of the Cabinet Office, which was tasked with considering how effective the removal of criminal assets was in tackling crime and assessing whether more should be done, and which, it is submitted, largely represents the distilled knowledge of the proceeds of crime community.