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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…

217

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

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…

1327

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

Article
Publication date: 10 June 2022

Liu Xiaomei, Yao Yao, Aws AlHares, Yasir Shahab and Sun Yue

To investigate the impact of tax enforcement on (a) debt aggressiveness (DEA) and (b) dynamic adjustment of capital structure in Chinese listed firms.

Abstract

Purpose

To investigate the impact of tax enforcement on (a) debt aggressiveness (DEA) and (b) dynamic adjustment of capital structure in Chinese listed firms.

Design/methodology/approach

The authors estimate the target capital structure by employing the different models. This study uses data of Chinese A-share listed firms from year 1998 to 2015.

Findings

The study suggests that the greater the intensity of tax enforcement, the more radical the listed companies' debt policy. The macroeconomic status and nature of property rights have significant moderating effect on the positive relationship between tax enforcement and DEA of listed companies. Further, tax enforcement has a significant impact on the dynamic adjustment of capital structure.

Practical implications

Research conclusions are conducive to tax administration departments to understand the economic consequences of tax enforcement and further promote tax administration efficiency. Additionally, listed companies can rationally adjust their capital structure to strengthen tax enforcement.

Originality/value

This research helps extend the influencing factors of corporate debt decision-making and capital structure dynamic adjustment to the level of tax enforcement and provide new evidence on the effects of tax enforcement on corporate capital structure.

Details

Asia-Pacific Journal of Business Administration, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1757-4323

Keywords

Article
Publication date: 6 June 2022

John M. Violanti

This study examined the national prevalence of cluster suicides among law enforcement personnel at the county level, the influence on future suicides and risk factors…

Abstract

Purpose

This study examined the national prevalence of cluster suicides among law enforcement personnel at the county level, the influence on future suicides and risk factors associated with clusters.

Design/methodology/approach

Law enforcement suicide data were obtained from The National Violent Death Reporting System (NVDRS) and categorized into: (1) cluster and (2) non-cluster suicides. Chi-square was used to compare differences between the two groups. Logistic regression was used to predict the probability of suicide risk factors in the groups.

Findings

2,465 law enforcement suicides were listed in NVDRS between 2003–2018. 80 (9.4%) US counties had clusters, with 640 officers (25.7%) of officers as part of those clusters. Odds ratios for risk factors associated with the suicide cluster group were: mental health crisis (OR = 2.6, p = 0.026), age (OR = 1.01, p = 0.003), married (OR = 1.729, p=<0.001), military service (OR = 2.59, p=<0.001) and job problems (OR = 1.70, p = 0.05).

Research limitations/implications

This study suggests that cluster suicides occur in law enforcement. The study is primarily descriptive and limited by the different numbers of contributing states in the NVDRS database through the years.

Practical implications

This study suggests that clusters occur in law enforcement and that they can impact future suicides. It is important for law enforcement organizations to recognize the potential for suicide clusters.

Originality/value

This study is among the first to empirically examine suicide clusters in law enforcement.

Details

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

Keywords

Abstract

Details

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

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

Abstract

Details

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

Book part
Publication date: 20 June 2017

David Shinar

Abstract

Details

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

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

Book part
Publication date: 6 September 2021

Robert M. Lawler

Border security is a crucial part of the country’s broader homeland security efforts. It is a multifaceted and complex issue which attempts to accomplish two seemingly…

Abstract

Border security is a crucial part of the country’s broader homeland security efforts. It is a multifaceted and complex issue which attempts to accomplish two seemingly contradictory objectives – the prevention of people and goods from entering the country, while at the same time, facilitating lawful travel and trade. Although it is primarily a federal responsibility, securing the border crosses over multiple homeland security domains, as well jurisdictions. In recent years, numerous strategies and structures have been implemented to foster a whole-of-government approach to border security. This chapter presents border security in the larger context of homeland security. It examines the strategies and coordinating structures developed to create a secured border and an overview of the interaction of law enforcement agencies at the various jurisdictional levels. Although these structures create a robust network of mutually supportive agencies to effectuate border security, a major strategic challenge to securing the nation’s borders still persists.

Details

The Role of Law Enforcement in Emergency Management and Homeland Security
Type: Book
ISBN: 978-1-78769-336-4

Keywords

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