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The purpose of this paper is to examine the general direction and pattern of modern economic and financial crimes statutes in Nigeria.
Abstract
Purpose
The purpose of this paper is to examine the general direction and pattern of modern economic and financial crimes statutes in Nigeria.
Design/methodology/approach
This paper examines Nigerian economic and financial crime statues.
Findings
This paper identifies the trend and features, which are common to all the statutes irrespective of economic and financial crime covered by them.
Originality/value
This paper shows that although Nigerian economic and financial crimes statutes have evolved gradually from Military era Decrees, and target different aspects of economic and financial crimes, there are certain features, which are common to all of them.
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Fitriya Fauzi, Kenneth Szulczyk and Abdul Basyith
The purpose of this paper is to identify current measures taken for financial crime’s prevention and detection in the context of Indonesia.
Abstract
Purpose
The purpose of this paper is to identify current measures taken for financial crime’s prevention and detection in the context of Indonesia.
Design/methodology/approach
This study is based on data from articles in Indonesian newspapers relating to the current financial crimes, current measures of preventing financial crimes in Indonesia and based on the literature review.
Findings
There are some attempts to combat financial crimes in Indonesia, both internally and externally. The attempts that have been made for the internal scope are the enactment of anti-money laundering law, the new monitoring system of financial institutions and the formation of a superintendent institution. The attempts that have been made for the external scope are the agreement between Indonesia’ financial intelligence unit Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK), and other countries’s financial intelligence unit, the affiliation member of the Asia/Pacific Group on Money Laundering (APG) to combat financial crimes through strengthening its anti-money laundering and terror financing capabilities.
Originality/value
This paper presents an overview of current prevention and detection measures in the context of Indonesia, and it is hoped that this paper will contribute to the current discussion of eliminating financial crimes.
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Financial criminals commit crimes with such disconcerting ease that economic and social stability is threatened. Armed with intangible knowledge and backed by legal, financial and…
Abstract
Purpose
Financial criminals commit crimes with such disconcerting ease that economic and social stability is threatened. Armed with intangible knowledge and backed by legal, financial and accounting expertise, criminals use their intellectual weapons to carry out their activities with impunity by operating in extra-territorial spaces such as tax havens. The purpose of this paper is based on interviews with key figures in the French judiciary and also French tax officials.
Design/methodology/approach
A survey in the form of semi-directive interviews was conducted from March to July 2012 with auditors, judicial magistrates and a representative of a large trade union of the French Ministry of Economy, Finance and Industry. Questioning this panel of persons from different but associated horizons enabled the collection of practical, technical and professional information on how they perceive acts of financial crime in the practice of their mission.
Findings
It was possible to observe that financial crime is motive-driven and develops in specific spaces and contexts, aided by informational weapons.
Research limitations/implications
By promoting both financial optimisation and tax minimisation, non-cooperative territories provide the perfect breeding ground for innovative minds to distort social norms which uphold equal tax treatment and a common effort. Financial information is the recurring theme throughout, allowing ever more cunning offenders to distort the value of words and the meaning of economic results.
Practical implications
The ease with which financial crimes are committed remains striking. Understanding the reasons why financial criminals appear to enjoy relative impunity requires questioning the magistrates and actors involved in the combat against financial crime. The interviews conducted with these key players show that financial crime develops and flourishes on the basis of a threefold specificity: a specific motive linked to absolute enrichment without economic foundation, diffuse and imprecise spaces where economic crimes proliferate with total impunity and an intangible weapon in the form of financial information.
Social implications
The private appropriation of financial information leads to the misappropriation of public goods and its capture by private operators, thereby depriving the community of a source of knowledge and expertise.
Originality/value
This paper is based on interviews with key figures in the French judiciary and also French tax officials. A survey in the form of semi-directive interviews was conducted from March to July 2012 with auditors, judicial magistrates and a representative of a large trade union of the French Ministry of Economy, Finance and Industry.
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The purpose of this paper is to see to what extent Hans-Georg Gadamer’s hermeneutic philosophy could be used to unveil how corporate discourse about financial crimes (in codes of…
Abstract
Purpose
The purpose of this paper is to see to what extent Hans-Georg Gadamer’s hermeneutic philosophy could be used to unveil how corporate discourse about financial crimes (in codes of ethics) is closely linked to the process of understanding.
Design/methodology/approach
Corporate ethical discourse of 20 business corporations will be analyzed, as it is conveyed within their codes of ethics. The companies came from five countries (USA, Canada, France, Switzerland and Brazil). In the explanatory study, the following industries were represented (two companies by industry): aircrafts/trains, military, airlines, recreational vehicles, soft drinks, cigarettes, pharmaceuticals, beauty products, telecommunications and banks.
Findings
Historically-based prejudices in three basic narrative strategies (silence, chosen items and detailed discussion) about financial crimes are related to the mindset, to the basic outlook on corporate self-interest or to an absolutizing attitude.
Research limitations/implications
The historically-based prejudices that have been identified in this explanatory study should be analyzed in longitudinal studies.
Practical implications
The historically-based prejudices that have been identified in this explanatory study should be analyzed in longitudinal studies. Historically-based prejudices could be strengthened by the way corporate codes of ethics deal with financial crimes. They could, thus, have a deep impact on the organizational culture in the long-run.
Originality/value
The paper analyzes the way corporate codes of ethics use given narrative strategies to address financial crimes issues. It also unveils historically-based prejudices that follow from the choice of one or the other narrative strategy.
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In recent years, Australian regulators have focussed on the financial crime compliance obligations of banks and other reporting entities, and there is a clear expectation that…
Abstract
Purpose
In recent years, Australian regulators have focussed on the financial crime compliance obligations of banks and other reporting entities, and there is a clear expectation that banks develop effective approaches to the management of non-financial risk. Red teaming is a methodology used in the intelligence and military domains to understand external threats. The purpose of this paper is to provide an overview of red teaming methods, set out a framework for using them in financial crime compliance and provide practical examples of red teaming exercises, which banks can use to manage financial crime risks.
Design/methodology/approach
This paper provides an overview of the financial crime compliance landscape in Australia. It outlines some of the key concepts and techniques used in red teaming, drawing in particular on the framework developed by strategic policy expert Micah Zenko. It explores the benefits of red teaming for financial crime compliance practice, concluding with three example exercises for financial crime teams.
Findings
Based on this research, red teaming methods can assist banks in taking a proactive approach to identify and mitigating financial crime risks. Rather than confining red teaming to cybersecurity applications, banks should consider they can use red teaming methods in their financial crime compliance functions.
Originality/value
This paper represents the first assessment of how to apply red teaming methods to risk management in financial crime compliance. It combines a historical and theoretical overview of red teaming methods with example red teaming exercises for money laundering, sanctions and strategic policy scenarios.
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Jacqueline M. Drew, Emily Moir and Michael Newman
Financial crime continues to represent a crime type that costs billions of dollars per year. It is likely more widespread than any other criminal offence. Despite this, it remains…
Abstract
Purpose
Financial crime continues to represent a crime type that costs billions of dollars per year. It is likely more widespread than any other criminal offence. Despite this, it remains an area that is often ignored, or at best neglected by police. Police agencies typically fail to invest resources and training in upskilling police in financial crime investigation. The current study evaluates an agency-wide training initiative undertaken by the Queensland Police Service (QPS), Australia.
Design/methodology/approach
The QPS mandated completion of an in-house online financial crime training program for all officers, up to and including the rank of senior sergeant. Matched pre- and post-training data of 1,403 officers were obtained.
Findings
The research found that police are under-trained in financial crime. The findings suggest that short online training programs can produce important improvements in knowledge and confidence in financial crime investigation. Critically, attitudes about this crime type which may be deterring officers from engaging in financial crime investigation can be improved.
Originality/value
The current research finds that police agencies need to more heavily invest in training officers to investigate financial crime and such investment will have positive outcomes. The first step involves improving knowledge, skills and attitudes towards this crime type. Further research is needed to understand why training, particularly related to attitudinal change, is more effective for different cohorts of police and how future training programs should be adapted to maximise success.
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Financial market‐related crimes seem to continually increase in number as well as in the amount of illicit profits. This emerging situation has obliged governments and…
Abstract
Purpose
Financial market‐related crimes seem to continually increase in number as well as in the amount of illicit profits. This emerging situation has obliged governments and self‐regulated bodies to act aggressively on the issue. This paper provides a snapshot of the evolution timeline of financial crimes and discussion in support of the fight against this plague.
Design/methodology/approach
Based on financial crime literature and field work.
Findings
Improvement in the expertise and degree of refinement employed by both organized crime and criminal businessmen.
Research limitations/implications
Some information originates from confidential sources and consequently could not be further developed.
Originality/value
Contemporary picture of the current situation. Some recommendations were submitted to regulatory authorities who are examining and adjusting their actions accordingly.
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Ahmed Yamen, Anas Al Qudah, Ahmed Badawi and Ahmed Bani-Mustafa
Despite the existence of laws, regulations and sanctions, financial crime remains widespread. The Panama leaks have proven that people from all over the world are participating in…
Abstract
Purpose
Despite the existence of laws, regulations and sanctions, financial crime remains widespread. The Panama leaks have proven that people from all over the world are participating in money laundering and other financial crimes. This study aims to investigate the influence of national culture on financial crimes across 78 countries.
Design/methodology/approach
This study uses Hofstede’s cultural framework as a basis for its hypotheses on financial crime. It also uses the Basel anti-money laundering index as a proxy for measuring the incidence of financial crime across the countries under review.
Findings
The findings show that countries whose cultural profiles are characterized by low uncertainty avoidance, low individualism, high masculinity and low long-term orientation have high rates of financial crime. The finding also shows that countries whose cultural profiles are characterized by individualism or positive collectivism, uncertainty avoidance and long-term orientation have low rates of financial crime.
Originality/value
Laws, regulations and sanctions are not the only factors that can help deter the crime; governments should also take a holistic approach that includes the cultural factors that encourage deterrence.
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Located within growing scholarly interest in linking the global financial crisis with revelations of financial crime, this piece utilises Roman Tomasic's suggestion that the…
Abstract
Purpose
Located within growing scholarly interest in linking the global financial crisis with revelations of financial crime, this piece utilises Roman Tomasic's suggestion that the financial crisis has marked something of a turning point in regulatory responses to financial crime worldwide. Tomasic attributes this to changing attitudes towards light-touch regulation and risk assessment, and the demand for existing agencies to be replaced with new tougher authorities. In the UK, this can be illustrated by the imminent replacement of the FSA with the Financial Conduct Authority (FCA). The paper aims to discuss these issues.
Design/methodology/approach
Discussion of the FSA's financial crime fighting activity is an important forecast for the likely directional focus of the FCA in this regard. A focus only on “market abuse” enforcement within this arises on account of the effects for financial systems widely attributed to this activity, with threats to systemic stability being a hallmark of the 2007-2008 financial crisis. This methodology also encourages coherence in focus and management of sources within the article. Market abuse enforcement provides a lens for exploring the FSA's adoption of the philosophy and ethos of “credible deterrence”, and FCA commitment to retain it, and ultimately for applying the hypothesis of the “haphazard pursuit of financial crime” to pre-crisis criminal enforcement relating to financial crime undertaken by the FSA.
Findings
The FSA and FCA appear acutely aware that the financial crisis has marked something of a turning point for the enforcement of financial crime, and for signalling changes in approach, for the reasons explored by Tomasic. Tomasic correctly identifies factors encouraging a range of undesirable practices pre-crisis, and ones signalling tougher and more sustained attention being paid to financial crime henceforth. It is noted that, pre-crisis, the FSA's pursuit of criminal enforcement of market abuse was conscious, comprehensively resourced, well publicised, and actually extensive.
Originality/value
This exploration of the FSA's criminal enforcement of market abuse given the Authority's own perceptions that it was not, and could never be, a “mainstream” criminal prosecutor considers the likely lasting legacy of this determined pursuit, when domestic politics and pan-European policies suggested against this. This is likely to be enormously valuable as the FCA undertakes this task in a domestic arena which is markedly in contrast from this, and where European agendas are pushing in favour of criminal enforcement, with the “more Europe, or less” debate providing a further dimension of interest.
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Anam Yasir, Alia Ahmed and Leena Anum
The purpose of this paper is to highlight those factors which involve elite class criminals in corporate financial crimes. This research implies the fact that the study of…
Abstract
Purpose
The purpose of this paper is to highlight those factors which involve elite class criminals in corporate financial crimes. This research implies the fact that the study of criminal behavior is pivotal for finding out the reasons behind such crimes.
Design/methodology/approach
By describing theories of criminology, researchers assess the nature of financial criminals in Pakistan from a theoretical perspective.
Findings
Elite-class people commit crimes upon perceiving high benefits and less punishment. Moreover, the social environment contributes greatly to inducing criminal behavior.
Research limitations/implications
Explanation of criminal behaviors provided in the study will be helpful in providing directions for the prevention of such criminal actions in the future.
Originality/value
This research examines the criminal behavior of elite class crimes from the theoretical perspective which will be significant in the prevention of such behaviors.
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