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The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences.

The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City.

After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences.

This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law.

The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.

This study aims to make some contribution to the process of corporate compliance governance in China.

This paper adopts qualitative method, literature research, case analysis and comparative methods to explore the Chinese compliance governance model in the field of collusive bidding crimes.

In the process of criminal prosecution of enterprises suspected of committing crimes, the judicial authorities should promote the restoration of normal production and operation of corporate enterprises by promoting the construction of corporate compliance, which is conducive to solving the difficult problem of attribution of collusive bidding crimes. In addition, corporate compliance under prosecutorial supervision is also conducive to optimizing the regulatory path of collusive bidding and achieving more effective prevention and control of unit crimes in the mode of co-regulation between the state and corporate.

Compliance governance corporate crime is at a nascent stage in China, and this study seeks to provide some reference for future compliance review governance in China through the analysis of specific business crime cases.

There is an evolving literature on criminal entrepreneurship which situates it as a sub-topic of the organised crime literature and either mythologies and elevates the criminal entrepreneur to Mafioso status or ascribes it to being an activity carried out by criminal cartels; or else it trivialises and minimises it as being ‘White-Collar Criminality’. In reality, entrepreneurship pervades everyday criminal life as it pervades the everyday practices of policing. In this chapter, the author acknowledges the existence of a ‘Crimino-Entrepreneurial Interface’ populated by a cast of criminal actors including the ubiquitous ‘Businessman Gangster’. These criminally entrepreneurial actors operate within a specific milieu or ‘Enterprise Model of Crime’ and operate alongside the legitimate ‘Entrepreneurial Business Community’. Within the two conjoined systems, there is a routine exchange of interactions either parasitical or symbiotic and these coalesce to form an ecosystem of enterprise crime in which it is not only the ubiquitous criminal entrepreneur who is present but a veritable cast of entrepreneurially motivated criminal actors. As well as the established business community there is a parallel, alternative community which is situated in the so-called ‘Criminal Areas’ where the traditional criminal fraternity carry out their nefarious entrepreneurial activities. Within such areas, an underclass exists which provides the criminal workforce for organised crime. The traditional criminal ecosystem is the natural habitat for the police, and it is around this activity that police are traditionally organised. A perpetual cycle of crime is set up which requires policing, but this leaves an unpoliced void which the entrepreneurial criminals exploit. It is necessary to understand the criminal places and spaces exploited by Organised Crime and what roles other criminal actors and facilitators play in the enterprise model. It is also necessary to understand the so-called ‘Perverse Model of Policing’ which distorts and magnifies the true scale of the problem and to appreciate how Serious and Organised Crime corrupt and infiltrate the legitimate ‘upperworld’ before one can understand the true scale of entrepreneurialism in policing and criminal contexts.

Until very recently there was little real concern in governments and inter‐governmental organisations to address the problems and issues of corruption in the context of sustainable development and stability. This article aims to focus on the present situation with regard to asset recovery in the domestic and international arena.

The article takes the form of an analysis and discussion of the present situation.

The new United Nations Convention on Corruption represents a significant achievement in the on going fight against those who seek to corrupt societies. It does not and cannot provide a panacea. There are numerous compromises, fudges and lacuna. However, it does point in the right direction in regard to many issues and provide a vehicle for those pursuing the fight against corruption.

The article provides some pointers for the interdiction and recovery of the proceeds of corruption.

The purpose of this chapter is to introduce the topic and discuss the individual chapters in this volume as well as to provide an intellectual orientation which will hopefully inspire casual readers to read further. The main thesis behind this volume is that entrepreneurial crime and illegal enterprise span two very distinct yet complimentary academic disciplines – namely Criminology and Entrepreneurial/Business Studies. And that we need to take cognisance of both instead of writing and publishing in disciplinary silos.

Our methodological approach in this volume is predominantly qualitative and in addition mainly review based. Our editorial approach is/was one of laissez-faire in that we did not want to stifle authorial creativity or impose order where there was none, or very little. The result is a very eclectic collection of interesting readings which we hope will challenge researchers interested in the topics to cross inter- and intra-disciplinary literature in search of new theoretical models.

Rather than findings we see the contribution of the volume as being an attempt to start conversations between disciplines. We appreciate that this is only a beginning. There are discoveries and perhaps a need to redraw boundaries. One surprising finding was how much the authors all drew on the seminal work of William Baumol to the extent that it has become a common framework for understanding the cross overs.

There are many limitations to the chapters in this volume. The main one is that in any edited volume the editors are faced with a dilemma of allowing more voices to emerge or imposing a restrictive explanatory framework which in turn shoe horns the chapters into an over-arching sense-making architecture. The limitation of this volume is that it can only present a few of the voices and only begin a synthesis. Interested researchers must work hard to draw meaning from the eclectic voices.

The practical implications from this chapter and the edited chapters are manifold. The chapters deal with complex issues and we have opted to allow the authorial voice to be heard and to allow disciplinary writing styles to remain as they are. This allows a very practical understanding of everyday implications to emerge.

There are many policy implications which arise from this introductory chapter and the chapters in this volume but these will take time to manifest themselves. The main point to take away is that to understand and interdict crime and in particular entrepreneurial crime we must draw on inter-disciplinary knowledge and theories of entrepreneurship and business in a wider sense.

This chapter introduces a series of apparently separate yet interconnected chapters which explore the bounds and boundaries of illegal entrepreneurship and its originality lies in its approach.

The purpose of this paper is to focus upon organized criminals as an enterprising community and as enterprising people. Organized crime is a global phenomenon that concentrates upon the development of both sustainable personal prosperity and criminal culture as they define it. Such criminal businesses and the business of criminality go far beyond simple economic and capitalist criteria and entrepreneurship and entrepreneurial ability play a significant part in creating criminal wealth. Indeed, it is part of committed criminality. Whilst acknowledging the crime‐entrepreneurship nexus the literature seldom seeks to understand entrepreneurial behaviour practiced in a criminal context. This paper therefore examines entrepreneurial behaviour in criminals looking for useful theoretical perspectives and distilling key practices by seeking to understand entrepreneurial behaviour in organized criminals.

The methodological approach is a qualitative one and relies on cross disciplinary readings of the literatures of crime and entrepreneurship which are developed into a conceptual model for understanding entrepreneurial behaviour in any context. The key behavioural areas which the work concentrates upon are those of modus essendi, modus operandi and modus vivendi.

That crime and entrepreneurship are interconnected areas of human endeavour which both transcend the legal and illegal economies.

The paper is limited by its tentative and theoretical nature and by the methodology of cross disciplinary reading. Future studies are planned to test the tripartite behavioural model on real cases.

Viewing entrepreneurship (like criminality) as being a learned method of operating has serious practical implications because it concentrates upon behaviours and actions in specific contexts.

Linking this understanding to the related elements of modus vivendi and modus essendi creates a useful model for understanding entrepreneurship in any context.

In small-business-communities trust is important inter/intra family particularly in relation to familial dynamics. Seldom is mistrust or distrust examined in an academic context. In business families “Black-Sheep” often rebel against familial expectations by engaging in criminal activity. This is important because entrepreneurs are eulogised by society and as an institution, family business is venerated. The very idea that small business owners would knowingly engage in crime is anathema. The paper aims to discuss these issues.

Using retrospective ethnography and immersion techniques this quasi-longitudinal study of (dis)organized crime in a small-business-community (SBC) starts the bridging process.

There is an assumption that business crime is best accommodated under the rubric of white-collar-criminality typically regarded as an excusable middle-class crime compared to organized working-class crime. By focusing on the black-sheep of business families collectively this work illustrates how there may be a stronger link between organized-crime-groups and the local-business-community than previously assumed because a small minority of businessmen engage in the commission of ordinary crime by choice.

The methodology used is a limitation as is replicating it in other small-business-communities.

This study provides an alternative heuristic through which to understand the application black-sheep-thesis in business settings. The knowledge developed has practical implications for the investigation of crime in such communities and for researchers in the field.

This study extends knowledge of white-collar-criminality within the business domain.

This is an original and novel study which extends our knowledge and understanding of trust based issues in business settings and the SBC.

The purpose of this paper is to look at the origins and development of organized crime in Brazil.

The authors draw on their experience working in law enforcement for many years in Brazil.

The paper outlines the major crimes committed by organized crime in Brazil and the structure of the main organization carrying them out.

The research concentrates on São Paolo and further research needs to be done.

This is the first attempt to put the development of organized crime in Brazil into a historical and developmental context.

This paper aims to explore the complex underpinnings and dynamics of increasing trend of illegal trading of high-value forest tress such as sandalwood in rural parts of Kenya, which has moved from highly opportunistic and culturally accepted activities to highly complex, commercial, criminal and entrepreneurial activity. The paper focuses on two theoretical frameworks: the first concerns with criminological concepts which underlie illegal logging, perpetrators and criminal network of smuggling of sandalwood from Kenya to overseas; the second focuses on the entrepreneurial process of the illegal trade of the endangered species. The central aim is to establish a confluence of criminology (rural and environmental) and entrepreneurship – the product of which can be useful in understanding emerging and highly sophisticated international crimes such smuggling and trafficking of sandalwood tree product. It proposes that sandalwood poaching just like other transnational crimes such as wildlife poaching is a highly organized international crime that involves more than one individual. The paper concludes by suggesting that sandalwood poaching is an entrepreneurial activity that impinges on criminological process, and to fully address the problem, we must address the supply and demand forces and the normative and social structure of source area.

This paper uses a systematic review and immersion in literature from journals, books, government and non-governmental organization publications to raise debates and discourses on issues pertaining to the phenomena of sandalwood poaching in Kenya. It also entailed sieving through court judgments, newspaper articles and TV news to backup above information.

First, what has emanated from this study is that criminal cartels have directed their criminal business of sandalwood poaching to Kenya because force of demand and supply of precious wood, institution failures and regulatory and policy failures. Second, sandalwood poaching is ostensibly organized international enterprise crime that relies on division of labor to succeed. Third, more restrictive controls act as incentives to criminals to smuggle the wood. Finally, the more endangered the sandalwood, the more valuable and profitable it is and the more the poor countries and rural areas suffer from environmental degradation.

Methodologically, one of the major limitations of this paper is that it is based on documentary analysis, because of a lack of research time and available finances. Prospective studies should consider utilizing in-depth interviews to gather evidence from offenders, police, rural residents and other government officials.

The paper contributes to growing fields of entrepreneurial, environmental and rural criminology. Methodologically, certain crimes such sandalwood poaching requires an intertwine of concepts of criminological and entrepreneurship for better understanding.

To environmentalist, foresters, jurist, law enforcers and rural local residents; there is an urgent need to rethink how poaching of valuable endangered biodiversity species is treated, responded and promoted. To end poaching of sandalwood, there is a need to fundamentally realign tactics from criminalization and enforcement to address endemic cancer of poverty, unemployment and corruption present at source countries. This will indeed reduce economic vulnerabilities that cartels take advantage by engaging the locals in extracting sandalwood from trees. It will also reduce the power of networks but instead increase guardianship measures.

The originality of paper is the utilization of two theoretical frameworks: the first concerns with criminological concepts which underlie illegal logging, perpetrators and criminal network of smuggling of sandalwood from Kenya to overseas; and, second, the paper focuses on the entrepreneurial process of the illegal trade of the endangered species. The central aim is to establish a confluence of criminology (rural and environmental) and entrepreneurship – the product of which can be useful in understanding emerging and highly sophisticated international crimes such smuggling and trafficking of sandalwood tree product.