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1 – 10 of over 1000Sundaresh Menon and Teo Guan Siew
The purpose of this paper is to identify the key challenges in tackling modern economic and cyber crimes, evaluate the existing legal and enforcement mechanisms in place, and…
Abstract
Purpose
The purpose of this paper is to identify the key challenges in tackling modern economic and cyber crimes, evaluate the existing legal and enforcement mechanisms in place, and propose a way forward to address these challenges.
Design/methodology/approach
The paper analyses the main difficulties posed by the borderless, complex and rapidly evolving nature of modern economic and cyber crimes. This allows the key shortcomings of the present legal and enforcement infrastructure to be identified. By examining different models, ranging from vertical supranational structures such as the International Criminal Court and the proposed European Public Prosecutor, to soft‐law regimes such as the intergovernmental network the Financial Action Task Force, as well as intermediate approaches like Eurojust, a hybrid model incorporating elements from these various regimes is proposed.
Findings
A transnational approach must be adopted to address the phenomenon of modern economic and cyber crimes which are cross‐border, complex, profit‐driven and rapidly evolving. A suitable multilateral platform needs to be created to facilitate international co‐operation in a more coordinated and sustained fashion, and for the development of a set of common standards and principles to be enforced through a process of mutual assessments and periodic peer review.
Originality/value
The paper advocates the establishment of a hybrid multilateral regime which incorporates both elements of a “vertical” supranational structure as well as a “horizontal” state‐centric framework. This will inject the institutional focus to facilitate international co‐operation and also provide the platform for the promulgation of common standards and principles in fighting cross‐border economic and cyber crimes. The paper will be of interest to law enforcement agencies, prosecutorial authorities and national policy makers.
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The purpose of this study is to analyze the emergence of the changing face of criminal jurisdiction in dealing with cross-border money laundering that develops dynamically due to…
Abstract
Purpose
The purpose of this study is to analyze the emergence of the changing face of criminal jurisdiction in dealing with cross-border money laundering that develops dynamically due to the development of globalization.
Design/methodology/approach
This research was a doctrinal legal research using conceptual approach concerning the very strict principle of territorial jurisdiction in criminal law. This study also used case approach related to the application of extraterritorial jurisdiction and long-arm jurisdiction in some cross-border money laundering cases. The collection of legal materials was carried out through literature as well as case study and was analyzed qualitatively based on data reduction, presentation and concluding.
Findings
This study revealed that territorial jurisdiction which was originally strictly enforced by state sovereignty over crimes that occurred in its territory then changed widely with multi-territorial perspective. Because of its condition, the state then expands its authority to deal with money laundering as a cross-border crime involving more than one territorial state, namely, by using extraterritorial jurisdiction and then developed into a long-arm jurisdiction trend that allows state authorities to prosecute foreigners outside its state boundaries.
Originality/value
The research finding can be used as one of the alternatives by countries to break the territorial jurisdiction in combating the cross-border money laundering.
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The purpose of this paper is to attempt to analyse the trend of trafficking of fake Indian currency notes (FICN), which is organised in nature. It accounts the trend of the…
Abstract
Purpose
The purpose of this paper is to attempt to analyse the trend of trafficking of fake Indian currency notes (FICN), which is organised in nature. It accounts the trend of the smuggling of FICN through the route of Nepal and emerging routes as a consequence of the extension and strength of the criminal gangs.
Design/methodology/approach
The author utilized the governmental and non-governmental reports besides journalistic reports related to the intention of fake currency trafficking to analyse the ground reality and vested interests of such crime.
Findings
Though the open border of Nepal with India is exaggerated as the reason behind the cross-border crimes, such as smuggling of FICN, this paper has falsified the biased perception of labelling the borderline as a crime zone. It finds an outcome of the FICN smuggling that turns the Indo–Nepal border areas as a covert battlefield of organised criminal gangs as well as secret agencies of regional powers.
Research limitations/implications
Due to ethical issues and limitations of research works on the topic, the descriptive analysis that could be carried out was limited.
Practical implications
The negative findings of the crime are implacable, in keeping in mind before establishing a good policy related to development and security of Nepal, especially the Terai region.
Social implications
The paper highlights social problems and challenges in the Terai region of Nepal that enforced the people residing in that area towards the fake currency racket. Hence, it urged to solve the social problems to curb the financial crime such as counterfeit notes trafficking in the region.
Originality/value
This study is the latest research describing and disclosing the fact behind fake currency trafficking and its consequences.
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The paper examines certain problems in determining the extent of money‐laundering. The author first discusses the methodological problems inherent in assessing its volume. He then…
Abstract
The paper examines certain problems in determining the extent of money‐laundering. The author first discusses the methodological problems inherent in assessing its volume. He then discusses two methods to estimate the extent of money‐laundering. One method is based on the cash‐flow which is generated by many forms of organised crime trade. In cross‐border money‐laundering constructions the banknotes have to be repatriated to the countries of origin. This creates a registered money trail which may be used to estimate the upper limit of money‐laundering in a national economy. The other method is the one used by the Financial Action Task Force of the G‐7. This method is based on the questionable assumption that 10 per cent of the drug trade is intercepted by the police. The author demonstrates the shortcomings of the FATF method which uses the street price level for its calculations. He warns against politically motivated inflated estimates and stresses the necessity for a methodologically responsible empirical research of this phenomenon.
This paper aims to, inspired by the media report concerning the misuse of China UnionPay cards, examine the elements of money laundering offence in Macau SAR through a case study…
Abstract
Purpose
This paper aims to, inspired by the media report concerning the misuse of China UnionPay cards, examine the elements of money laundering offence in Macau SAR through a case study, which also calls for the mutual legal assistance between mainland China and Macau.
Design/methodology/approach
This paper provides the case study of China UnionPay scandal in accordance with Macau law and comparative analysis of legislation and regulations in mainland China and Macau. Relevant suggestions are presented.
Findings
Despite the lack of actually discovered money laundering cases involving China UnionPay, the methods of smuggling money from mainland China across the border to Macau implied a “risk exposure” of Anti-Money Laundering (AML) mechanism of Macau SAR. The risk of money laundering therein makes it necessary to establish and enforce the inter-regional mutual legal assistance for AML. Sensitive issues thereof shall be handled ipso jure and reasonably.
Practical implications
This paper is a good attempt to touch upon the long-term puzzle in inter-regional mutual legal assistance in Greater China. The specific case study may act as an ice-breaker about how to develop inter-regional mutual legal assistance in specific criminal matters.
Originality/value
This paper, first, reacts to the legal problem caused by China UnionPay scandal, which also will be beneficial for the legal debates and policy-making upon the establishment and enforcement of mutual legal assistance in Greater China.
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The Fifteenth International Symposium on Economic Crime, on the subject of ‘The Globalisation of Crime — the electronic dimension’ was held at Jesus College, Cambridge University…
Abstract
The Fifteenth International Symposium on Economic Crime, on the subject of ‘The Globalisation of Crime — the electronic dimension’ was held at Jesus College, Cambridge University from 14th to 20th September, 1997. Previous symposia have been convened to discuss a variety of issues relating to economic crime. In recent years, they have focused on areas of concern such as banking secrecy, how to take the profit out of crime, on cross‐border commercial crime, as well as on how to manage the risks of economic crime.
The Second African Conference on Economic Crime took place in Johannesburg from 17th to 19th July, 1996. The Conference was organised under the auspices of the Centre for…
Abstract
The Second African Conference on Economic Crime took place in Johannesburg from 17th to 19th July, 1996. The Conference was organised under the auspices of the Centre for International Documentation on Organised Crime (CIDOEC) by the Police Science Sub‐department of the University of South Africa, the Centre for Business Law of the University of the Orange Free State, the Office for Serious Economic Offences of the Department of Justice of the Republic of South Africa, the Commercial Crime Branch of the South African Police Service and Business Against Crime.
Brian Nussbaum and Jeffery Ernest Doherty
This paper aims to examine the many unusual roles played by the Italian Guardia di Finanza (GdF), and how that unique blend of missions sometimes overlaps as much with conceptions…
Abstract
Purpose
This paper aims to examine the many unusual roles played by the Italian Guardia di Finanza (GdF), and how that unique blend of missions sometimes overlaps as much with conceptions of domestic security as it does with the policing of financial crimes.
Design/methodology/approach
This paper analyzes the agency's historical organization and evolution, legal authorities and changing missions. It uses publicly available government documents and secondary analysis.
Findings
This organization, for historical reasons, was an early version of a hybrid agency that conducted both crime control and national protective missions – policing economic crime, patrolling borders and coasts and attempting to regulate the flows of goods and people into and out of the Italian state.
Research limitations/implications
This analysis uses data collected from annual reports of the Guardia di Finanza, as well as journalistic reporting and scholarly analysis, to assess the changing agency, but it does not use internal sources or direct observation, which could inform future related analyses.
Practical implications
GdF’s unique set of undertakings is particularly relevant as the comparative policing and financial crime literatures grow, and particularly as they continue to overlap with the broader comparative security literature.
Social implications
Policing, and police reform, has been very high profile in recent years, and will continue to be. The unusual structure of Italian policing, and the GdF in particular, have insights that could inform other nations police and policing.
Originality/value
This analysis is designed to describe an unusual case – of financial policing, of policing in general, and of domestic security policy – and illustrating how those issues overlap and relate. National police agencies often have missions that evolve over time, and this is a case study in such evolution.
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Dilip K. Das and Peter C. Kratcoski
This paper focuses on the main discussion points of the 4th International Police Executive Symposium in Vienna, 1997. The symposium’s theme was international police co‐operation…
Abstract
This paper focuses on the main discussion points of the 4th International Police Executive Symposium in Vienna, 1997. The symposium’s theme was international police co‐operation and particular attention was paid to current co‐operation projects, plans for the future and the lessons that can be drawn from their experiences. The results of a questionnaire covering the issues raised by the symposium are examined in light of the discussions which ensued in Vienna. It was found that the subject of international police co‐operation has strong support and that the views expressed by the participants are very widely held. The results of the questionnaire, although reflecting the views of the symposium, suggested that there are a significant number of people who have little or no knowledge of international police co‐operation.
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In this paper the legislative and regulatory role of the South African government with regard to the combating of white‐collar crime will be delineated. Five major relevant…
Abstract
In this paper the legislative and regulatory role of the South African government with regard to the combating of white‐collar crime will be delineated. Five major relevant constitutional issues, namely, the right to information, the validity of legal presumptions, the burden of proof, the right to be presumed innocent and the right to a speedy trial, will be briefly discussed. The magnitude of white‐collar crime in South Africa and on a global level is staggering, as proven by the following figures: a total number of 58,668 commercial crime cases were reported to the Commercial Crime component of the South African Police's Detective Service during 1997. These cases had a total value of R3,609,926,736. In the first six months of 1998, 29,556 cases were reported with a value of R2,170,000,000.