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Book part
Publication date: 1 May 2023

Haoyu Gao, Ruixiang Jiang, Wei Liu, Junbo Wang and Chunchi Wu

This chapter investigates the effect of the geographical distance between institutional investors and firms on managers' financial misconduct. The evidence shows that the…

Abstract

This chapter investigates the effect of the geographical distance between institutional investors and firms on managers' financial misconduct. The evidence shows that the likelihood of committing financial misconduct by management is positively associated with distance. The distance effect is more prominent for firms with higher information asymmetry and more dedicated institutional investors. In line with the balance between risk-taking and benefit extraction from misconduct, the severity of financial misconduct is higher for firms closer to their institutional investors. Results show that geographical proximity can significantly reduce the cost of information production and facilitate monitoring through access to soft information.

Details

Advances in Pacific Basin Business, Economics and Finance
Type: Book
ISBN: 978-1-80382-401-7

Keywords

Article
Publication date: 31 August 2023

Tiago Cardao-Pito

Illicit financial flows are targeted by the United Nations’ (UN) sustainable development goals (SDGs). However, these illicit flows are not entirely understood. Furthermore, they…

Abstract

Purpose

Illicit financial flows are targeted by the United Nations’ (UN) sustainable development goals (SDGs). However, these illicit flows are not entirely understood. Furthermore, they can benefit from economic norms, laws and regulations that lack mechanisms to detect and penalize them. This paper aims to investigate whether a recent test, the embezzler test, can be used to identify regulatory architectures that facilitate illicit financial flows and related financial crimes.

Design/methodology/approach

This paper develops a more advanced version of the embezzler test in terms of definitions and practical implementation methodology.

Findings

In this test, the definition of embezzlement can be understood to be the occurrence of illicit financial flows crossing the boundaries of organizations and/or countries. This is a multistage test, which intentionally simulates illicit financial flows to observe how well equipped is the regulatory architecture to deal with other financial offences that are related with these flows, such as theft, money laundering, fraud, corruption, market manipulation and tax evasion.

Research limitations/implications

Future research can use the version of this test to stress test a large range of economic norms, laws and regulations.

Social implications

This test’s new version can assist achieve the UN SDGs’ illicit financial flow reduction target. Furthermore, it can be used to study both existing and proposed norms, laws and regulation.

Originality/value

To the best of the author’s knowledge, this is the first explicit test that has been presented to identify norms, laws and regulations that facilitate illicit financial flows and related financial crimes.

Details

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

Keywords

Book part
Publication date: 14 December 2023

John Todd-Kvam

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an…

Abstract

The Scandinavian penal exceptionalism literature has focused largely on imprisonment but has yet to explore other aspects of the penal field in detail. This chapter provides an overview of the penal field in Norway and how community sanctions and measures have evolved within it. The author uses the work of Wacquant and Bourdieu to argue that there are three important levels within the Norwegian penal field: political, policy and practice. The author also discusses how drivers from the political and policy levels are affecting community-based penal practice. Using McNeill’s dimensions of mass supervision, the author discusses the implications of these changes for three less-explored aspects of punishment in Norway: the serving of short sentences at home on electronic monitoring, supervision of people under 18 and ‘punishment debt’ enforcement.

Details

Punishment, Probation and Parole: Mapping Out ‘Mass Supervision’ In International Contexts
Type: Book
ISBN: 978-1-83753-194-3

Keywords

Article
Publication date: 21 July 2023

Meishan Jia and Lingmin Zhao

In China, information-based construction management (ICM) has not obtained the expected results because of the benefit game between construction enterprises and the government…

Abstract

Purpose

In China, information-based construction management (ICM) has not obtained the expected results because of the benefit game between construction enterprises and the government. Promoting ICM is a long-term, complex and dynamic game process. Therefore, an evolutionary game model is established to promote ICM.

Design/methodology/approach

MATLAB was used to conduct evolutionary game analysis on the behavioural strategies of two parties. System stability analysis and numerical simulation were conducted. The variables affecting ICM realization were analysed and comprehensively considered. The optimal stability strategy and key variables were obtained.

Findings

The results show that the system includes four evolutionarily stable strategies (ESSs) with 10 decisive parameters. Information technology costs, benefits, reputation, the government intervention level, the enterprise ICM level and the degree of reward and punishment determine the ideal ESS. Increasing tangible benefits, enhancing corporate reputation, improving the level of government guidance and reducing intervention costs can promote ICM implementation. Rewards are more effective than punishments, and appropriate rewards should be determined.

Research limitations/implications

First, reducing labour disputes, accidents and environmental pollution brings great social and ecological benefits; hence, the recognition of external benefits and the establishment of a benefit compensation mechanism by the government will be a future focus of research (Jia et al., 2020). Second, this study considered only the government and construction enterprises, and there may be other stakeholders, such as owners and the public, in the ICM adoption process, which needs further analysis (Zhang and Li, 2022). Third, this research is based on the specific context of government intervention in ICM. The selection of parameters and the determination of values were based on the national conditions in China. Therefore, the generalizability of the research results to other countries and other political contexts needs to be further improved (Hardie et al., 2013; Martínez-Román et al., 2017). Fourth, the empirical data were collected from Shandong Province and a pilot project, and the universality of the data remains to be verified. Nevertheless, the data were used only for the initial values of the simulation, which did not affect the simulation path.

Practical implications

(1) This study comprehensively summarized the benefit and cost indexes for the government and enterprises to promote ICM and constructed the payment matrix model. (2) This study determined the theoretical relation that the parameters should meet when system evolves into a certain strategy, and the research findings provide recommendations for overall control for the government and enterprises to synergistically adopt the ICM. (3) The study determined the influence of the main parameters on system evolution path and identified the core parameters, thus providing targeted improvement recommendations for the government and enterprises.

Social implications

Real-time data-based management can ensure product quality and production safety and improve decision-making and efficiency. For the government, ICM can effectively reduce project quality and safety accidents, labour disputes, supplier mix-ups and environmental pollution, thus reducing the government's management costs and improving social benefits.

Originality/value

(1) Based on the challenges of ICM implementation, the payment matrix is constructed, with the cost and benefit parameters fully considered. (2) This study determines the theoretical relationship that should be met when both parties coordinate their implementation and when enterprises implement independently, and the optimal strategy is specified. (3) Incorporating an actual case, a simulation is conducted to clarify the influence of a single parameter on the evolutionary path of behaviours. (4) A decision-making basis for governments and enterprises to control and improve ICM is provided.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 12 June 2023

Geng Wang, Yangchun Xiong, Yang Cheng and Hugo K.S. Lam

This study aims to explore the spillover effects of supply chain corruption practices (SCCPs) on stock returns along the supply chain and within the industry. Specifically, it…

Abstract

Purpose

This study aims to explore the spillover effects of supply chain corruption practices (SCCPs) on stock returns along the supply chain and within the industry. Specifically, it investigates how SCCPs affect the stock returns of corrupt firms' bystander supply chain partners and industry peers, both of which are not involved in the SCCPs.

Design/methodology/approach

The authors employ the event study methodology to quantify SCCPs' spillover effects in terms of abnormal stock returns. The analysis is based on 117 SCCPs occurring in China between 2014 and 2021.

Findings

The event study results show that SCCPs have negative effects on the stock returns of corrupt firms' bystander supply chain partners. Such negative effects are more pronounced for bystander buyers than bystander suppliers. However, SCCPs do not have a significant impact on the stock returns of corrupt firms' industry peers. Additional analysis further suggests that SCCPs are more likely to affect the stock returns of domestic rather than overseas bystander supply chain partners.

Originality/value

This study is the first attempt to thoroughly examine the spillover effects of SCCPs along the supply chain and within the industry, advancing the understanding of the financial consequences of SCCPs and providing important implications for future research and practices related to supply chain corruption.

Details

International Journal of Operations & Production Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0144-3577

Keywords

Article
Publication date: 1 December 2023

Claire Nolasco Braaten and Lily Chi-Fang Tsai

This study aims to analyze corporate mail and wire fraud penalties, using bounded rationality in decision-making and assessing internal and external influences on prosecutorial…

Abstract

Purpose

This study aims to analyze corporate mail and wire fraud penalties, using bounded rationality in decision-making and assessing internal and external influences on prosecutorial choices.

Design/methodology/approach

The study analyzed 467 cases from 1992 to 2019, using data from the Corporate Prosecution Registry of the University of Virginia School of Law and Duke University School of Law. It examined corporations facing mail and wire fraud charges and other fraud crimes. Multiple regression linked predictor variables to the dependent variable, total payment.

Findings

The study found that corporate penalties tend to be lower for financial institutions or corporations in countries with US free trade agreements. Conversely, penalties are higher when the company is a U.S. public company or filed in districts with more pending criminal cases.

Originality/value

This study’s originality lies in applying the bounded rationality model to assess corporate prosecutorial decisions, unveiling external factors’ influence on corporate penalties.

Details

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

Keywords

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: 24 January 2023

Ambareen Beebeejaun

The rise in business activities coupled with free trade liberalisation across countries has entailed an increase in securities transaction as well as insider trading (IT). In…

Abstract

Purpose

The rise in business activities coupled with free trade liberalisation across countries has entailed an increase in securities transaction as well as insider trading (IT). In fact, IT is characterised by the influence and usage of some prior knowledge concerning sensitive information of a corporate body which results in a financial benefit to the insider trader. The practice of IT is not only unethical but also illegal and this statement is witnessed by the mushrooming of laws across the globe categorising IT as an offence. However, the type of punishment varies in different countries depending on various factors. Consequently, the purpose of this paper is to assess the adequacy and efficiency of IT laws in the context of a developing country being Mauritius.

Design/methodology/approach

To achieve the research objective, the Mauritian laws on IT were compared with the corresponding laws of some developed countries like the USA and the UK. As such, a qualitative research method was adopted. In particular, the black letter approach was used to examine the relevant laws of Mauritius, UK and USA on IT. A comparative analysis was conducted concerning IT laws for each country with the view of suggesting recommendations for Mauritian stakeholders to adopt to enhance the existing legal and regulatory framework on IT.

Findings

It was found that Mauritian IT laws are largely inspired from both the US and UK corresponding legislation. However, Mauritian laws need to be strengthened by imposing some more severe penalties in terms of fines and terms of imprisonment like the USA has established. The Mauritian Financial Services Commission as the regulator also needs to play a more active role in disseminating particularities of IT laws, offences and penalties to the civil society at large.

Originality/value

At present, this study will be among the first academic writings on the efficiency of IT laws in Mauritius and also, because existing literature is quite scarce on assessing the adequacy of IT legislation in developing countries, this research aims at filling in the gap in literature. The study is carried out with the aim of combining a large amount of empirical, theoretical and factual information that can be of use to various stakeholders and not only to academics.

Article
Publication date: 28 February 2024

Ammad Ahmed and Atia Hussain

In this study, the authors investigate a pressing concern: how auditors react to their clients facing repercussions due to environmental violations. More specifically, this study…

Abstract

Purpose

In this study, the authors investigate a pressing concern: how auditors react to their clients facing repercussions due to environmental violations. More specifically, this study aims to examine how environmental engagements, which carry potential risks and liabilities, influence auditors’ decision-making and fee structure.

Design/methodology/approach

This study uses unique, reliable and actual violation data from the United States Environmental Protection Agency (US-EPA) from 2000 to 2015, focusing on clients involved in environmental violations that led to legal prosecution and penalties and those who subsequently engaged in voluntary supplemental environmental projects (SEPs). The authors use the ordinary least squares method to test the authors’ main research question and later use propensity score matching and alternate data source (ASSET4) to check the robustness of the authors’ results.

Findings

The authors find that firms with environmental violations are more susceptible to auditor resignation. Moreover, the environmental violator firms that maintain their engagement with auditors pay significantly higher audit fees compared to non-environmental violator firms. Furthermore, these environmental violator firms also face extended audit report delays and take longer to appoint a new auditor.

Originality/value

This study provides an additional consequence of environmental violations, namely, increased chances of auditor resignation and higher audit fees, alongside the penalties imposed by the US-EPA. Moreover, the authors’ findings position environmental violations and participation in SEPs as important factors in auditors’ business risk assessment.

Details

Journal of Financial Reporting and Accounting, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1985-2517

Keywords

Open Access
Article
Publication date: 6 December 2023

William Gaviyau and Athenia Bongani Sibindi

The purpose of this study is to examine the South African banks’ customer due diligence (CDD) practices in the fintech era to mitigate money laundering (ML) risks and ensure…

Abstract

Purpose

The purpose of this study is to examine the South African banks’ customer due diligence (CDD) practices in the fintech era to mitigate money laundering (ML) risks and ensure financial stability. Financial technologies have brought substantial transformations to the financial services sector. However, such technologies have exposed the sector to emerging risks that threaten the integrity and stability of the financial system globally. Before any bank–customer relationship is established, proper customer background checks must be conducted. These background checks enable financial institutions to validate information provided and ensure customers are properly risk profiled. Failure to risk profile customers could result in financial institutions being used as conduits for ML. Undoubtedly, CDD procedures are pivotal to overall anti-money laundering efforts and curbing financing terrorism in a regulatory framework.

Design/methodology/approach

A qualitative research approach was adopted to address the research questions of the study. Given the confidentiality associated with the financial services sector, data triangulation was used in blending mainly secondary and primary data sources. Secondary data sources used in the study were published reports available in the public domain that were corroborated with subject matter experts’ interviews.

Findings

Based on the findings of this study, it is concluded that in South Africa, technological solutions have been incorporated into CDD functions, which is now risk-based (enhanced due diligence). Also, legally, South Africa has incorporated the biometrics, integration with Department of Home Affairs and Companies and Intellectual Property Commission databases, customer consent to third-party sources with the Financial Intelligence Centre Act and the Protection of Personal Information Act.

Originality/value

The shift towards digital banking in South Africa results in increased data and dynamic risk profiling. This study advocates a policy shift requiring a risk-based approach to mitigating emerging ML risks (in particular digital laundering), especially in the wake of South Africa’s recent greylisting by the Financial Action Task Force.

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