Search results

1 – 10 of over 24000
To view the access options for this content please click here
Article
Publication date: 4 September 2017

Breon S. Peace, Jennifer Kennedy Park, Robin M. Bergen and Nowell D. Bamberger

To explain and analyze two Enforcement Advisories that set forth the factors the US Commodity Futures Trading Commission Division of Enforcement may consider in assessing…

Abstract

Purpose

To explain and analyze two Enforcement Advisories that set forth the factors the US Commodity Futures Trading Commission Division of Enforcement may consider in assessing cooperation by companies and individuals in the context of CFTC enforcement proceedings.

Design/methodology/approach

Explains the background, including the 2007 Enforcement Advisory for Companies. Explains the 2017 Enforcement Advisory for Companies and the parallel Enforcement Advisory for Individuals, including policy-based considerations and factors such as the materiality, timeliness, nature, and quality of a company’s cooperation; the value of a company’s cooperation to the Commission’s broader law enforcement interests; and the company’s culpability, culture and other relevant factors. Provides examples of uncooperative conduct. Discusses a broader trend among enforcement authorities in the US and abroad of setting higher cooperation standards.

Findings

The new Advisories make clear that merely complying with requests for information from the CFTC staff will not be sufficient; a company or individual seeking cooperation credit as part of a resolution with the CFTC must go above and beyond its legal obligations in order to qualify for such credit.

Originality/value

Practical guidance from experienced white collar defense, regulatory enforcement, civil litigation and arbitration lawyers.

Details

Journal of Investment Compliance, vol. 18 no. 3
Type: Research Article
ISSN: 1528-5812

Keywords

To view the access options for this content please click here
Article
Publication date: 12 July 2011

Joseph Zubcic and Robert Sims

The purpose of this paper is to examine the relationship between enforcement and compliance and to report on the results of an empirical study that assesses the impact of…

Abstract

Purpose

The purpose of this paper is to examine the relationship between enforcement and compliance and to report on the results of an empirical study that assesses the impact of enforcement action by the Australian Securities and Investments Commission (ASIC) on the subsequent compliance by violators.

Design/methodology/approach

Following an extensive literature review, a sample of 50 similar complaints made to ASIC during the 2005/2006 financial year, were selected and grouped into two samples. The first sample, described as the enforcement sample, comprised of complaints that had been resourced for investigation by ASIC, and the second sample, described as the non‐enforcement sample, comprised of complaints that had not been resourced for investigation. An analysis was conducted to compare how many subsequent complaints had been received by ASIC in the following three years against members of the two samples.

Findings

The empirical evidence of the decrease in subsequent complaints against corporate violators subject to enforcement action clearly supports the argument that enforcement action does have an impact on corporate compliance of those violators. However, it has to be acknowledged that differences in rates of subsequent violation still do not guarantee that there is a cause and effect relationship between compliance and enforcement, as it is possible enforcement action may have resulted in violators becoming better at avoiding detection and complaint.

Research limitations/implications

The samples were limited to complaints identified in the 2005/2006 year and only taken from two of ASIC's five regulatory categories, so caution is required when interpreting and making generalisations from the results. Only three years of subsequent complaints were examined so the study was limited to the examination of relatively short‐term effects of enforcement action.

Practical implications

Corporate regulators such as ASIC now need to obtain and examine qualitative data from violators and potential violators to gain insights into their actions and motivations after investigation and enforcement actions. This may enable regulators to better understand the impact on violators themselves and the extent to which media reporting of enforcement action may have a demonstration effect on potential violators.

Originality/value

The paper provides valuable empirical evidence of the influence of enforcement on compliance, which should be of interest to corporate regulators and those interested in regulation and corporate governance.

Details

International Journal of Law and Management, vol. 53 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

To view the access options for this content please click here
Article
Publication date: 30 April 2021

Hongjiang Yao, Yongqiang Chen, Yangbing Zhang and Bo Du

The purpose of this paper is to establish an integrated framework of the antecedents of enforcement after contract violations in construction projects and to examine…

Abstract

Purpose

The purpose of this paper is to establish an integrated framework of the antecedents of enforcement after contract violations in construction projects and to examine whether contract provisions (control and coordination provisions) and trust (goodwill and competence trust) affect enforcement mechanisms (contractual enforcement and relational enforcement).

Design/methodology/approach

A survey method was employed to test the hypotheses. The authors collected data from the Chinese construction industry, and general contractor respondents were asked to answer a questionnaire about a contract violation by one of their subcontractors.

Findings

Control provisions and competence trust are positively related to contractual enforcement, but goodwill trust is negatively related to contractual enforcement. Relational enforcement is influenced by goodwill trust and competence trust.

Research limitations/implications

This study treats contract violations as a given variable, and it focuses on contract violations by subcontractors. The cross-sectional design makes it difficult to confirm the causality of the relationships.

Practical implications

Overly strict contractual enforcement can generate disputes and a vicious cycle of retaliation, and overly severe relational enforcement can damage a potentially profitable long-term relationship. In construction projects, the violating party will benefit from this study to avoid excessively contractual enforcement and relational enforcement, thus developing a more collaborative atmosphere on the current project and even establishing a solid long-term relationship.

Originality/value

This study extends the project management literature by investigating the antecedents of enforcement after contract violations, an area not yet fully researched.

Details

International Journal of Managing Projects in Business, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1753-8378

Keywords

To view the access options for this content please click here
Article
Publication date: 29 April 2021

Ashley K. Farmer and Allen Copenhaver

This study, a content analysis, aims to analyze general communications from law enforcement via agency websites about the COVID-19 pandemic and how this affected police…

Abstract

Purpose

This study, a content analysis, aims to analyze general communications from law enforcement via agency websites about the COVID-19 pandemic and how this affected police roles. The authors study the extent to which police departments used their websites to inform the public about COVID-19, changes to their policies and additional information they felt necessary to give members of the public. This is important for understanding how the police inform the public during a pandemic and how the pandemic affected their police role.

Design/methodology/approach

The data gathered for this project came from a content analysis of the official websites of the largest municipal police departments in the USA. The researchers collected quantitative data from the official websites of law enforcement agencies who serve the 200 largest cities in the USA in March 2020 and coded the information from the websites to determine what themes were most prevalent.

Findings

The messages most often provided on department websites included information about COVID-19 (52% of websites included this information), modifications to services (33%) and informing users that services such as fingerprinting would be altered (42%). Websites also reminded the public of restrictions on public gatherings (25%) and stay-at-home orders (38%). Further logistic regression analyses explored significant associations among these variables to understand how police/public communications influenced the role of law enforcement during the pandemic.

Originality/value

Little is known about how law enforcement communicates online with the public during a global pandemic like COVID-19 or how this might affect the police role. Police departments can use their websites to communicate important information to citizens and keep communities updated. Policy implications suggest that agencies continue to update websites with important information and be direct about expectations from the public regarding compliance while also being transparent about how police roles might change.

Details

Policing: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1363-951X

Keywords

To view the access options for this content please click here

Abstract

Details

The Handbook of Road Safety Measures
Type: Book
ISBN: 978-1-84855-250-0

To view the access options for this content please click here
Book part
Publication date: 11 September 2015

Gregg W. Etter

The terrorist attacks on the United States on September 11, 2001 were a very traumatic event for the entire nation. This was especially true for law enforcement. Many law…

Abstract

Purpose

The terrorist attacks on the United States on September 11, 2001 were a very traumatic event for the entire nation. This was especially true for law enforcement. Many law enforcement officers and other first responders lost their lives in the initial response to the attack while attempting to save the lives of the citizens they were sworn to protect. As a result of the 9/11 attacks, many changes have occurred in the missions, operations and tactics of local law enforcement agencies in the United States.

Methodology/approach

This chapter attempts to examine the changes that were forced upon law enforcement by the events of 9/11 and to look at what the future might hold for law enforcement in an enhanced homeland security environment.

Findings

Terrorism presents additional duties for law enforcement. Traditional police missions have not been lessened, but new threats to the public have arisen.

Details

Terrorism and Counterterrorism Today
Type: Book
ISBN: 978-1-78560-191-0

Keywords

To view the access options for this content please click here
Article
Publication date: 29 January 2021

Adriana Silva, Susana Jorge and Lúcia Lima Rodrigues

Existing research has concluded that accounting quality is influenced not only by the quality of accounting standards, but also by enforcement systems. Therefore…

Abstract

Purpose

Existing research has concluded that accounting quality is influenced not only by the quality of accounting standards, but also by enforcement systems. Therefore, enforcement is one of the key factors for ensuring International Financial Reporting Standards’ (IFRS) compliance and achieving accounting quality. However, one still does not know what has been studied about this relationship in scientific literature. Accordingly, the purpose of this paper is to identify, recap and evaluate the current state of research on the relationship between IFRS enforcement and accounting quality, to provide a critical overview of publications in this field and to identify future areas of interest.

Design/methodology/approach

Supported by a structured literature review, this paper fills in a research gap by conducting a scientometric analysis of papers on the relationship between IFRS enforcement and accounting quality construed in a broad sense. It reviews papers published between 2006 and 2019 selected from the Web of Science database, particularly analyzing main journals, authors, geographic areas of study, methods used, specific topics explored and future lines of research to be developed.

Findings

Main findings show a shortage of studies analyzing IFRS enforcement practices in individual countries and, in turn, the impact these practices may have on the accounting quality. This gap calls for further research to know the effectiveness of the IFRS-related enforcement mechanisms.

Originality/value

To the best of the authors’ knowledge, no previous scientometric studies focused on the enforcement of IFRS and accounting quality. This study fills this research gap and improves the understanding about what has been published on the topic, also proposing an agenda for future research that can help regulators to adjust policies for the implementation and enforcement of IFRS.

Details

International Journal of Accounting & Information Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1834-7649

Keywords

To view the access options for this content please click here
Book part
Publication date: 3 December 2018

Frederic Lemieux

Abstract

Details

Intelligence and State Surveillance in Modern Societies
Type: Book
ISBN: 978-1-78769-171-1

To view the access options for this content please click here
Book part
Publication date: 20 June 2017

David Shinar

Abstract

Details

Traffic Safety and Human Behavior
Type: Book
ISBN: 978-1-78635-222-4

To view the access options for this content please click here
Book part
Publication date: 12 April 2012

Arnab K. Basu, Nancy H. Chau and Zahra Siddique

We study the impact of tax and minimum wage reforms on the incidence of informality. To gauge the incidence of informality, we use measures of the extent of tax evasion…

Abstract

We study the impact of tax and minimum wage reforms on the incidence of informality. To gauge the incidence of informality, we use measures of the extent of tax evasion, the extent of minimum wage noncompliance, and the size of the informal workforce. Our approach allows us to examine (i) the distinction between determinants of firm-level reported wage distribution and actual wage distribution, (ii) the complementarity of tax and minimum wage enforcement, (iii) the impact that a minimum wage reform has on tax and minimum wage compliance, and (iv) the impact that a tax policy reform has on tax and minimum wage compliance. We conclude with the design of optimal minimum wage and tax policies (even in the complete absence of minimum wage enforcement). We do so based on two objectives derived from popular concerns associated with an unchecked expansion of informality: tax revenue maximization, and poverty alleviation among workers.

Details

Informal Employment in Emerging and Transition Economies
Type: Book
ISBN: 978-1-78052-787-1

Keywords

1 – 10 of over 24000