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1 – 10 of over 22000Breon 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.
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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.
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Olha Bondarenko, Maryna Utkina, Oleg Reznik and Mykhailo Dumchikov
The purpose of this paper is to develop a new methodology for the interaction of law enforcement agencies with each other, financial institutions and other legal entities in the…
Abstract
Purpose
The purpose of this paper is to develop a new methodology for the interaction of law enforcement agencies with each other, financial institutions and other legal entities in the field of counteracting and combating the legalization of criminal income as a prerequisite for increasing the effectiveness of their activity in the area of countering and combating money laundering, which will improve the conditions for the development of the financial system and increase the level of living of the population of Ukraine.
Design/methodology/approach
An interdisciplinary approach was used during the writing of the paper. In particular, legal techniques, analysis and generalization, sociological research, questionnaires, etc., were used.
Findings
This paper demonstrates the need for a comprehensive approach to effectively building cooperation between law enforcement agencies in another money laundering. A proposal is made to improve the interaction between law enforcement agencies, financial institutions and other legal entities by creating a single database of information on money laundering and suspicious transactions and involving financial intelligence units in the process of investigating cases of money laundering.
Practical implications
Law enforcement agencies can use the proposed approach to ensure the effectiveness of their activities in counteracting and combating money laundering.
Originality/value
The authors have developed a new approach to improving the interaction of law enforcement agencies in the field of counteracting and combating money laundering, which involves the creation of a single database of information on money laundering and suspicious transactions, as well as the involvement of financial intelligence units in the process of detecting and investigating cases of money laundering.
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Elina Karpacheva and Branislav Hock
Foreign whistleblowers are foreign citizens who help national enforcement authorities to sanction both foreign-based corporations and home-based corporations that engage in…
Abstract
Purpose
Foreign whistleblowers are foreign citizens who help national enforcement authorities to sanction both foreign-based corporations and home-based corporations that engage in economic crime. This paper aims to investigate the expansion of US law in the area of transnational economic crime by discussing the case of foreign whistleblowers.
Design/methodology/approach
This paper has been developed from a literature review carried out as part of a wider study into policing international bribery.
Findings
This paper shows that extraterritorial application of US whistleblowing laws is part of a broad trend associated with extraterritorial enforcement of US anti-corruption statutes such as the Foreign Corrupt Practices Act (FCPA). The extraterritorial reach of the FCPA and other statutes allowed the USA to become the leader in sanctioning US corporations as well as non-US corporations for economic crime. In effect, some US enforcement practices have become the standard that has influenced law and law enforcement in other countries as well as internal compliance of corporations.
Originality/value
In spite of the profound impact foreign whistleblowing has on the effectiveness of national anti-corruption enforcement, this topic has been largely neglected by academic research. To the best of the authors’ knowledge, this paper is the first to provide an overview of the role of foreign whistleblowers and the significant impact foreign whistleblowing has for legal reform in European countries and internal compliance of corporations in Europe and beyond.
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The purpose of this paper is to investigate the compliance of foreign investment projects with local environmental standards in Ethiopia. It examines the cause and impact of the…
Abstract
Purpose
The purpose of this paper is to investigate the compliance of foreign investment projects with local environmental standards in Ethiopia. It examines the cause and impact of the environmental problems created by such projects as well as the necessary policy response, especially by examining the role of the applicable bilateral investment treaties (BITs) in enforcing local standards.
Design/methodology/approach
The research approach is fundamentally an empirical study with some doctrinal analysis. The empirical data (qualitative) was collected through interviews, focus group discussions and observation tools.
Findings
The investment projects selected for the case studies were not complying with the local environmental standards, which resulted in several environmental problems. The major cause for the overall environmental problems was not a legal gap in the local standards, but the failure of enforcing such standards by the government bodies and foreign investors. The applicable BITs also played no role in environmental protection as they do not impose environmental obligations along with enforcement mechanisms. Non-compliance with local standards can be mitigated if the applicable BITs impose environmental obligations along with workable enforcement mechanisms – as a treaty obligation has more binding force. The author argues that, in general, foreign investments are not environmental-friendly unless otherwise strictly regulated by combining local environmental standards and a BIT that imposes environmental obligations (along with enforcement mechanisms) on the foreign investors, host state and home state.
Originality/value
The existing literature does not deal with the environmental problems, the enforcement constraints and the role of the applicable BITs together in a single publication. They separately address these issues, which do not give a comprehensive understanding of the cause-and-effect relationship. This paper fills this gap by presenting comprehensive findings that combine the environmental problems and the associated enforcement constraints as well as the role of the applicable BITs in this regard. It also contributes to the ongoing debate concerning whether foreign direct investment is good or bad for the environment by producing empirical evidence from Ethiopia, the African continent.
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Petronella Jonck and Eben Swanepoel
A growing public concern among South African citizens is that of corruption in law enforcement, an awareness of which causes significant tension in the community – police…
Abstract
Purpose
A growing public concern among South African citizens is that of corruption in law enforcement, an awareness of which causes significant tension in the community – police relationship. The purpose of this paper is to investigate how law enforcement corruption influences service delivery satisfaction and public trust.
Design/methodology/approach
Data from the Victims of Crime Survey 2013/2014 for all nine provinces in South Africa were utilised, yielding a final sample of 25,605 respondents. By means of standard multiple-regression analysis, the study established that corruption statistically significantly influence service delivery satisfaction and public trust.
Findings
The demographic variables that statistically significantly influenced the aforementioned dependent variables were province, population group and age. Gender and religion were not found to influence law enforcement public trust and service delivery satisfaction significantly.
Research limitations/implications
It is recommended that the findings be used to stimulate public debate and renew efforts to curb law enforcement corruption specifically by emphasising police integrity.
Practical implications
Limited empirical evidence can be found on the influence of law enforcement corruption on service delivery satisfaction and public trust especially in South Africa where police corruption is a serious concern. Determining the consequences of perceived corruption underscore the importance thereof and will renew efforts to curb as such the prevalence thereof.
Social implications
The case study of South Africa could provide valuable lessons not only for South African policy makers but for other countries perilled by high crime rates, a lack of public trust and social segmentation.
Originality/value
Limited empirical evidence could be found on the influence of law enforcement corruption on service delivery satisfaction and public trust especially in South Africa where police corruption is a serious concern.
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Ronald Burns, Patrick Kinkade and Matthew C. Leone
To identify and assess the current state of professionalism and operations in the field of bail recovery, or bounty hunting.
Abstract
Purpose
To identify and assess the current state of professionalism and operations in the field of bail recovery, or bounty hunting.
Design/methodology/approach
A multi‐method approach, which integrated information from interviews with bond agents with information taken from a survey of workers in the bond field.
Findings
Survey respondents averaged 51 years of age, and were mostly Caucasian males. Most were religious and conservative, and over 25 percent reported having obtained a four‐year college degree. Roughly one‐third of all survey respondents reported experience in law enforcement; nearly half indicated having specialized skills in weaponry. Money was the most cited reason for becoming a bail enforcement agent, and most respondents believed that bail enforcement agents are an under‐appreciated component of the criminal justice system.
Research limitations/implications
These findings were taken from a small number of survey respondents. Consequently, these data are not assumed to be representative of the population surveyed. Additionally, the interviews with key individuals in the field are also not assumed to be representative.
Practical implications
This research has shown that bond agents are not yet professionalized, but a substantial number of them desire greater professionalism in their field, and believe that more professional behavior is necessary to receive greater respect from their fellow criminal justice practitioners.
Originality/value
Very little is known about the operations and attitudes of bond agents. This research has added some critical information to this knowledge base, and has helped to raise other questions which may stimulate further research in this under‐examined field.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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The purpose of this paper is to provide findings of an exploratory study of Special Agents in Charge (SACs) in a variety of federal law enforcement agencies and presents summary…
Abstract
Purpose
The purpose of this paper is to provide findings of an exploratory study of Special Agents in Charge (SACs) in a variety of federal law enforcement agencies and presents summary descriptions, including demographics and career paths of female agents.
Design/methodology/approach
Incumbent SACs, reached with assistance from law enforcement organizations and through snowball techniques, anonymously completed questionnaires that were mailed to each individually. This methodology provided a snapshot in time of the first generation of women to have reached the rank of SAC.
Findings
The findings suggest that women are moving up the ranks of federal agencies even while their overall percentages of employment have become somewhat static. Regardless of type or size of federal agency, there are a number of common career paths and the ages and racial demographics of the women are also similar across agencies.
Practical implications
As federal agency recruitment of women seems to have stagnated, a portrait of women who have reached middle management may provide insight into the obstacles women face in these agencies and also into how some women have overcome these obstacles.
Originality/value
The findings are derived from the first ever study of women SACs. In addition to providing a snapshot of incumbent women, it will provide baseline data for later studies of future generations of women who move up in the ranks of federal law enforcement.
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The purpose of this research is to describe the teaching style of the faculty of a Police Officer Standards and Training (POST) organization in a Midwestern state and the degree…
Abstract
Purpose
The purpose of this research is to describe the teaching style of the faculty of a Police Officer Standards and Training (POST) organization in a Midwestern state and the degree and method of application of adult learning principles by the POST faculty. The move of law enforcement to community‐oriented policing (COP) requires that police officers develop communication and problem‐solving skills. The application of adult learning principles in law enforcement education can help prepare officers for their role in COP.
Design/methodology/approach
In this mixed method/descriptive study, 85 instructors completed the Principles of Adult Learning Scale (PALS) and 21 instructors participated in in‐depth interviews.
Findings
Major findings in the study related to POST instructors' strong preference for a teacher‐centered style of teaching as measured by PALS and a disconnect between what instructors do in the classroom and what they feel is effective instruction.
Practical implications
Offers suggestions related to the nature of the field and for instructor development. Recommendations were made related to professional development and the application of adult learning principles to law enforcement education and training.
Originality/value
This research fills a void in the field by beginning to give a formal description of teaching style in law enforcement education and training. It also details the value of applying adult learning theory in law enforcement instruction and the implications for community‐oriented policing.
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