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Article
Publication date: 5 April 2024

Alexander Conrad Culley

The purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and…

Abstract

Purpose

The purpose of this paper is to scrutinise the effectiveness of four derivative exchanges’ enforcement efforts since 2007. These exchanges include the Commodity Exchange Inc. and ICE Futures US from the United States and ICE Futures Europe and the London Metal Exchange from the UK.

Design/methodology/approach

The paper examines 799 enforcement notices published by four exchanges through a behavioural science lens: HUMANS conceived by Hunt (2023) in Humanizing Rules: Bringing Behavioural Science to Ethics and Compliance.

Findings

The paper finds the effectiveness of the exchanges’ enforcement efforts to be a mixed picture as financial markets transition from the digital to artificial intelligence era. Humans remain a key cog in the wheel of market participants’ trading operations, albeit their roles have changed. Despite this, some elements of exchanges’ enforcement regimes have not kept pace with the move from floor to remote trading. However, in other respects, their efforts are or should be, effective, at least in behavioural terms.

Research limitations/implications

The paper’s findings are arguably limited to exchanges based in Anglophone jurisdictions. The information published by the exchanges is variable, making “like-for-like” comparisons difficult in some areas.

Practical implications

The paper makes several recommendations that, if adopted, could help exchanges to increase the potency of their enforcement programmes.

Originality/value

A key aim of the paper is to shift the lens through which the debate concerning the efficacy of exchange-level oversight is conducted. Hitherto, a legal lens has been used, whereas this paper uses a behavioural lens.

Details

Journal of Financial Regulation and Compliance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 19 February 2024

Adam W. Du Pon, Andrea M. Scheetz and Zhenyu “Mark” Zhang

This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements.

Abstract

Purpose

This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements.

Design/methodology/approach

This paper uses publicly available data from Compustat, I/B/E/S and Thomson Reuters databases, combined with Securities and Exchange Commission (SEC) and Department of Justice (DOJ) cases, to extract insights on FCPA violations and enforcements using econometric approaches.

Findings

The main determinants of FCPA violations appear to be firm size, multinational structure, country corruption and Sarbanes-Oxley Act control weaknesses. Traditional misreporting risks (F-score and M-score) do not predict FCPA violations. This study discovers significant differences between FCPA violations by motivation, as in, sale generation, rent extraction or cost evasion. Bribes motivated by sale generation or rent extraction are partially driven by the extent of the firm’s global operations, whereas bribes motivated by cost evasion relate to internal influences. This study also finds that enforcement is more salient for criminal violations (DOJ enforcement), compared to civil violations (SEC enforcement).

Research limitations/implications

This research provides new insights into the determinants of FCPA violations while underscoring the need for effective measures to combat bribery and promote ethical business practices. This research contributes to the ongoing efforts to curtail bribery, offering valuable insights into the characteristics of firms more likely to engage in bribery and contexts in which these activities occur. It provides critical implications for regulatory bodies, highlighting the differential responses of firms to varying types of enforcement, namely, criminal versus civil, as the authors observe greater decreases in internal control weaknesses following DOJ enforcement compared to SEC enforcement.

Practical implications

For enforcement agencies, the findings underscore the importance of rigorous criminal enforcement against FCPA violations, highlighting the improved control environments prompted by DOJ actions. Managers will find this research relevant, as it demonstrates that a firm’s entry into international markets substantially elevates the risk of its representatives engaging in bribery with foreign officials. In addition, the results are of interest to regulators, revealing that the underlying motivations driving a firm’s activities can significantly alter the factors to consider that might lead to an FCPA violation.

Originality/value

This paper is the original work of the authors and explores the determinants and consequences of FCPA violations and enforcement actions since 2002. To the best of the authors’ knowledge, it is the first to explore bribe determinants by their motive and documents industry-wide benefits arising from criminal enforcement.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 3 October 2023

Nor Balkish Zakaria, Muhammad Farhan Nordin, Allezawati Ismail, Nurul Huda Ahmad Shukri and Elif Baykal

This study departed from the aim to progress Malaysia as a high-income nation in 2025 via decent work and economic growth (Sustainable Development Goal 8). Thus, this study aims…

Abstract

Purpose

This study departed from the aim to progress Malaysia as a high-income nation in 2025 via decent work and economic growth (Sustainable Development Goal 8). Thus, this study aims to examine the effects of demographic, experience and organisational factors on the ethical integrity of local enforcement officers from self-proclaim and colleague perception perspectives.

Design/methodology/approach

The data of this study was collected from Pusat Latihan Penguatkuasa Selangor (PULAPES), a training centre for local enforcement officers in Selangor. Based on a survey in 2019, this study used primary data based on a scenario-based questionnaire survey with a total sample of 535 respondents.

Findings

From a self-proclaim perspective, the results show that secondment and training factors have a positive relationship with the ethical integrity of local enforcement officers. From a colleague perception perspective, the results indicate that the secondment factor has a positive relationship with ethical integrity. In contrast, the officer rank factor has a negative relationship with the ethical integrity of local enforcement officers.

Practical implications

This research seeks to develop new theories or refine existing ones to explain how diverse circumstances affect law enforcement ethics. Learning people’s habits through observation and consequences like rewards or punishments impact behaviour recurrence are suggested. Law enforcement ethics can be examined by examining how peers, supervisors and organisational culture shape officers’ ethics.

Social implications

The finding of this study could serve to evaluate training programmes or rewards and punishments for ethical behaviour including how accountability and community involvement aid to promote law enforcement ethics.

Originality/value

The survey results of this study are based on local enforcement officers’ ethics that serve to aid in illuminating the elements which affect ethical behaviour among law enforcement personnel and identify the tactics for fostering ethical behaviour.

Details

International Journal of Ethics and Systems, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9369

Keywords

Article
Publication date: 10 July 2023

Yuzhen Long, Chunli Yang, Xiangchun Li, Weidong Lu, Qi Zhang and Jiaxing Gao

Coal is the basic energy and essential resource in China, which is crucial to the economic lifeline and energy security of the country. Coal mining has been ever exposed to…

Abstract

Purpose

Coal is the basic energy and essential resource in China, which is crucial to the economic lifeline and energy security of the country. Coal mining has been ever exposed to potential safety risks owing to the complex geologic environment. Effective safety supervision is a vital guarantee for safe production in coal mines. This paper aims to explore the impacts of the internet+ coal mine safety supervision (CMSS) mode that is being emerged in China.

Design/methodology/approach

In this study, the key factors influencing CMSS are identified by social network analysis. They are used to develop a multiple linear regression model of law enforcement frequency for conventional CMSS mode, which is then modified by an analytical hierarchy process to predict the law enforcement frequency of internet+ CMSS mode.

Findings

The regression model demonstrated high accuracy and reliability in predicting law enforcement frequency. Comparative analysis revealed that the law enforcement frequency in the internet+ mode was approximately 40% lower than the conventional mode. This reduction suggests a potential improvement in cost-efficiency, and the difference is expected to become even more significant with an increase in law enforcement frequency.

Originality/value

To the best of the authors’ knowledge, this is one of the few available pieces of research which explore the cost-efficiency of CMSS by forecasting law enforcement frequency. The study results provide a theoretical basis for promoting the internet+ CMSS mode to realize the healthy and sustainable development of the coal mining industry.

Details

International Journal of Energy Sector Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1750-6220

Keywords

Article
Publication date: 15 June 2023

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.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 24 January 2023

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.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

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. 15 no. 4
Type: Research Article
ISSN: 1757-4323

Keywords

Article
Publication date: 7 March 2024

Lisa Nichols and Kendra N. Bowen

The purpose of this paper was to examine law enforcement officers' perspectives on job stress and barriers to supportive resources when working child sexual abuse cases in a large…

Abstract

Purpose

The purpose of this paper was to examine law enforcement officers' perspectives on job stress and barriers to supportive resources when working child sexual abuse cases in a large southern state. It is well documented in the literature that professionals who work in healthcare, emergency services and law enforcement face tremendous amounts of stress and consequences to their physical and mental health. Little research has been done to examine how child sexual abuse investigations impact law enforcement, and how these specialized officers perceive access to supportive resources.

Design/methodology/approach

This qualitative study was part of a larger quantitative study and included 20 law enforcement officers who participated in anonymous, semi-structured phone interviews.

Findings

Findings included (1) child sexual abuse cases are difficult, specialized and disturbing (2) barriers to supportive resources include law enforcement culture, the stigma of asking for help, awareness and accessibility of resources and leadership as gatekeeper to the resources and (3) officers perceive both formal and informal resources to be helpful and at best should be proactively available to all officers in the state. A model of the findings was developed to illustrate the implications for practitioners and scholars.

Research limitations/implications

This study was not without weaknesses, specifically the small number of participants, volunteer sampling does not represent the general population and the sampling technique means some demographics may have been missed by researchers.

Practical implications

This study adds to the literature on law enforcement mental health, occupational health and mental health resources. It confirms established research in the literature and provides insight into officer perspectives about barriers that prevent access to informal and formal supports that could improve their emotional well-being.

Originality/value

This study is the first of its kind, to our knowledge, that asks detectives and investigators of child abuse cases about mental health resources. These law enforcement officers are at high-risk for traumatic stress, compassion fatigue and burnout due to the specialized cases they investigate.

Details

Policing: An International Journal, vol. 47 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 9 February 2024

Min Sung

This study aims to understand what primary relationship problem mechanisms can exist in the franchise channel and how exchange partners respond to them. This study demonstrates…

Abstract

Purpose

This study aims to understand what primary relationship problem mechanisms can exist in the franchise channel and how exchange partners respond to them. This study demonstrates how the franchisor’s relationship problem mechanisms (threat, contract enforcement) affect the franchisee’s negative active responses (venting, threatened withdrawal).

Design/methodology/approach

This study tested hypotheses through multiple regression analysis using data from 200 franchisees in Korea-based food franchise systems.

Findings

The results indicated that threat increases venting and threatened withdrawal, while contract enforcement only increases venting. Venting increases threatened withdrawal. In addition, the results indicated that the franchisor’s behavior monitoring positively moderates the relationship between relationship problem mechanisms and negative active responses.

Originality/value

This study helps strategically manage responses to relationship problems by categorizing ‘relationship problem mechanisms’ into intentional relationship problem mechanisms based on communication (threat) and unintentional relationship problem mechanisms based on action (contract enforcement). This study finds that both relationship problem mechanisms, intentional or unintentional, eventually cause threatened withdrawal directly or indirectly. Even if the threat is merely communication, not action, it is more likely to cause relationship dissolution than contract enforcement by directly triggering any negative active response. This study also finds that behavior monitoring can affect exchange partners through interaction with other management mechanisms rather than directly affecting them.

Details

Journal of Business & Industrial Marketing, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0885-8624

Keywords

Book part
Publication date: 24 July 2023

Timo Fiorito, Richard Hoff and Michel Ehrenhard

An emerging stream of research has identified critical events as spikes in societal interest that increase public attention to firm behavior and can function as exogenous triggers…

Abstract

An emerging stream of research has identified critical events as spikes in societal interest that increase public attention to firm behavior and can function as exogenous triggers for change. With respect to misconduct, firms vary considerably in how they respond to critical events, and for a visible change in their undesirable behavior to transpire, there needs to be ongoing accumulation of work by social-control agents. While social-control agents are often boundedly rational in their decision-making, most studies have overlooked the ability of critical events to restrict or redirect collective attention among such agents. Drawing on the case of a regulatory agency’s enforcement actions against violations of anti-money laundering regulations by three European banks, we investigate the influence of critical events on social-control agents’ enforcement behavior. This study achieves two goals: first, we identify three types of fieldwide critical events that influence social-control agents’ behavior, and second, we demonstrate that these events may shape the regulatory environment in which firms operate, thus allowing for different organizational responses to enforcement actions. Our findings contribute to the literature on critical events and organizational misconduct.

Details

Organizational Wrongdoing as the “Foundational” Grand Challenge: Definitions and Antecedents
Type: Book
ISBN: 978-1-83753-279-7

Keywords

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