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1 – 10 of over 2000Over one and half years have passed since the demonetization of Indian economy had occurred on November 8, 2016. The drastic step was initiated by the Prime Minister Narendra Modi…
Abstract
Purpose
Over one and half years have passed since the demonetization of Indian economy had occurred on November 8, 2016. The drastic step was initiated by the Prime Minister Narendra Modi with an intention to curb the “huge” circulation of illicit or “black” money of Indian economy by means of withdrawal of high value denominations of Rupees 500 and Rupees 1,000 from the supply of broad money (M3). This step helped to demonetize around 86 per cent value of total money supply leading to an unprecedented chaos in the economy and public life. The long delays in issuing fresh currency notes at the banks and ATMs further deteriorated the sudden economic crisis.
Design/methodology/approach
This research paper is aimed at exploring the proclaimed “efficacy” of demonetization policy as proposed by Reserve Bank of India by means of a mathematical approach and critically examines the effects of demonetization on the illicit money supply of Indian economy on the basis of macroeconomic theory.
Findings
From the mathematical model and related estimates, it may be easily deduced that the Indian policymakers deliberately hurled the masses in one of the gravest economic crises with a clear-cut intention of creating a political gimmick, when in reality, the proportion of illegitimate money supply was not even 1 per cent of total legitimate supply of money.
Originality/value
The analyses and findings related to this paper are based on mathematical modeling and logical interpretations. This paper is free of plagiarism as all the necessary sources and references are properly cited.
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Muhammad Saleem Korejo, Ramalinggam Rajamanickam and Muhamad Helmi Md. Said
This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the…
Abstract
Purpose
This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.
Design/methodology/approach
This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.
Findings
This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.
Practical implications
This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.
Originality/value
This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.
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This study aims to define the concepts and determine the extent to which trade misinvoicing influences money laundering activities in developing countries.
Abstract
Purpose
This study aims to define the concepts and determine the extent to which trade misinvoicing influences money laundering activities in developing countries.
Design/methodology/approach
A qualitative research methodology was adopted using a descriptive synthesis of secondary data due to the heterogeneous nature of data sources (empirical evidence and content analysis).
Findings
Analysis revealed that in recent times trade misinvoicing accounts for over 20% of international trade value between developing and developed countries, and trade misinvoicing has been identified as a trade-based money laundering mechanism.
Research limitations/implications
Unavailability of homogenous data relating to trade misinvoicing among developing countries, different methods for measuring trade misinvoicing and inadequate high-quality research papers that led to the use of reports from reputable organisations.
Originality/value
To the best of the author’s knowledge, this study is among the few research works to assess the effects of trade misinvoicing and how it influences money laundering activities in developing countries.
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In human history, poverty for most and prosperity for few is the norm. Thus, no theory or practice of common prosperity has been developed. Marxism first formulated the theory of…
Abstract
Purpose
In human history, poverty for most and prosperity for few is the norm. Thus, no theory or practice of common prosperity has been developed. Marxism first formulated the theory of common prosperity, and the classical Marxist authors conducted theoretical exploration on the issue of common prosperity, forming a series of scientific conclusions.
Design/methodology/approach
The century-long practical history of the Communist Party of China (CPC) is the great practice of leading the Chinese people in getting rid of poverty, letting some people and regions get rich first and ultimately achieving the goal of common prosperity.
Findings
Common prosperity is the great practice of the CPC that leads all Chinese people in building a modern socialist country in an all-round way in the new era.
Originality/value
The path of common prosperity with Chinese characteristics will certainly arise in the process of the great practice of common prosperity with Chinese characteristics. Based on the anti-poverty theory and the “spirit of poverty alleviation” from the battle against poverty with Chinese characteristics, the theory of common prosperity and its spirit with Chinese characteristics will certainly be formed. The above conclusions constitute the basic principles of the theory of common prosperity with Chinese characteristics.
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The purpose of this paper is to present and analyse the issues with which Lithuania is faced through its introduction of a modern legal mechanism for a more efficient confiscation…
Abstract
Purpose
The purpose of this paper is to present and analyse the issues with which Lithuania is faced through its introduction of a modern legal mechanism for a more efficient confiscation of the proceeds of crime – the criminalization of illicit enrichment.
Design/methodology/approach
The paper analyses issues raised in the Constitutional Court of Lithuania concerning the constitutionality of the country’s Criminal Code, as amended, by means of which illicit enrichment has been criminalized. Then, developments in and statistics for prosecutions and convictions for illicit enrichment are presented, and the legal issues that have been raised in the practice of the higher courts of Lithuania are analysed.
Findings
The concept of the criminalization of illicit enrichment proves to be less promising than that of civil forfeiture. First, it is contentious in the context of proportionality and ultima ratio. Second, it may infringe upon the prohibition of self-incrimination. Third, it appears that collecting sufficient evidence of illicit enrichment on the criminal standard of proof is an extremely difficult task for the prosecution.
Originality/value
Lithuania was the first European Union Member State to introduce general criminal liability for illicit enrichment. This analysis of the five years since the implementation of the enabling legislation should provide useful insights for the other countries considering introducing modern legal instruments to bring about a more effective control of illicit enrichment, as well as inspire additional, vital deliberation on the matter.
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Milind Tiwari, Adrian Gepp and Kuldeep Kumar
The purpose of this study is to review the literature on money laundering and its related areas. The main objective is to identify any gaps in the literature and direct attention…
Abstract
Purpose
The purpose of this study is to review the literature on money laundering and its related areas. The main objective is to identify any gaps in the literature and direct attention towards addressing them.
Design/methodology/approach
A systematic review of the money laundering literature was conducted with an emphasis on the Pro-Quest, Scopus and Science-Direct databases. Broad research themes were identified after investigating the literature. The theme about the detection of money laundering was then further investigated. The major approaches of such detection are identified, as well as research gaps that could be addressed in future studies.
Findings
The literature on money laundering can be classified into the following six broad areas: anti-money laundering framework and its effectiveness, the effect of money laundering on other fields and the economy, the role of actors and their relative importance, the magnitude of money laundering, new opportunities available for money laundering and detection of money laundering. Most studies about the detection of money laundering have focused on the use of innovative technologies, banking transactions or real estate- and trade-based money laundering. However, the literature on the detection of shell companies being explicitly used to launder funds is relatively scarce.
Originality/value
This paper provides insights into an area related to money laundering where research is relatively scant. Shell companies incorporated in the UK alone were identified to be associated with laundering £80bn of stolen money between 2010 and 2014. The use of these entities to launder billions of dollars as witnessed through the laundromat schemes and several data leaks clearly indicate the need to focus on illicit financial flows through such entities.
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A measure of how much money is laundered is required to determine the effectiveness of any anti-money laundering regime and the reduction of money laundering in targeted areas. In…
Abstract
Purpose
A measure of how much money is laundered is required to determine the effectiveness of any anti-money laundering regime and the reduction of money laundering in targeted areas. In the absence of useful estimates, authorities need to look at the best quality data available to arrive at a meaningful estimate and a consequent target for reduction of money laundering. Since tax crimes are viewed as one of the top three sources of laundered money, an understanding of the underlying predicate offence – tax evasion – may be indicative of the values or volumes involved in order to facilitate a target setting process. It is suggested that a “whole of government approach”, as is advanced by the OECD, is applied between the tax administration and the financial intelligence centre in South Africa. The paper aims to discuss these issues.
Design/methodology/approach
By reviewing tax gap and money laundering estimation models and results from South Africa's first tax amnesty, it is proposed that micro analysis methodologies are applied to arrive at an estimate of the size and impact of money laundering which results from tax evasion practices.
Findings
By making basic inferences from the results of the 2003 voluntary disclosure programme, it is estimated that a potential revenue gap of between ZAR4 billion and ZAR12 billion exists for personal income tax alone and that the value of personal assets acquired from the proceeds of crime can, at any time, be as high as ZAR1.4 trillion.
Originality/value
In the absence of empirical and statistical data, it is necessary for authorities in developing countries to identify and make use of the most relevant and detailed data to assess its effectiveness in identifying, quantifying and reducing money laundering.
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Robert Smith and Gerard McElwee
This study builds on the extant research of the authors on illegal rural enterprise (IRE). However, instead of taking a single or micro case approach within specific sections of…
Abstract
Purpose
This study builds on the extant research of the authors on illegal rural enterprise (IRE). However, instead of taking a single or micro case approach within specific sections of the farming and food industries we examine the concept holistically from a macro case perspective. Many IRE crimes simply could not be committed without insider knowledge and complicity, making it essential to appreciate this when researching or investigating such crimes.
Design/methodology/approach
Using data from published studies, we introduce the theoretical concept of “Shadow infrastructure” to analyse and explain the prevalence and endurance of such criminal enterprises. Using a multiple case approach, we examine data across the cases to provide an analysis of several industry wide crimes—the illicit halal meat trade; the theft of sheep; the theft of tractors and plant; and the supply of illicit veterinary medicines.
Findings
We examine IRE crimes across various sectors to identify commonalities in practice and in relation to business models drawing from a multidisciplinary literature spanning business and criminology. Such enterprises can be are inter-linked. We also provide suggestions on investigating such structures.
Practical implications
We identify academic and practical implications in relation to the investigation of IRE crime and from an academic perspective in relation to researching the phenomenon.
Originality/value
This study combines data from numerous individual studies from a macro perspective to provide practical solutions to a multifaceted problem.
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Deen Kemsley, Sean A. Kemsley and Frank T. Morgan
This paper aims to define the fundamental nexus between income tax evasion and money laundering. The G7 Financial Action Task Force (FATF) designates tax evasion as a predicate…
Abstract
Purpose
This paper aims to define the fundamental nexus between income tax evasion and money laundering. The G7 Financial Action Task Force (FATF) designates tax evasion as a predicate offense for money laundering. We determine whether this designation is complete from a conceptual standpoint, or whether there is a stronger connection between tax evasion and money laundering.
Design/methodology/approach
This paper applies the FATF definition for money laundering – as well as generally accepted definitions for tax evasion and for a standard predicate offense – to identify the necessary conditions for each crime. This paper then uses these conditions to test opposing hypotheses regarding the nexus between tax evasion and money laundering.
Findings
This paper demonstrates that tax evasion does not meet the conditions for a standard predicate offense, and treating it as if it were a standard predicate could be problematic in practice. Instead, it is concluded that the FATF’s predicate label for tax evasion, together with tax evasion methods and objectives, imply that all tax evasion constitutes money laundering. In a single process, tax evasion generates both criminal tax savings and launders those criminal proceeds by concealing or disguising their unlawful origin.
Practical implications
The FATF could strengthen its framework by explicitly defining all tax evasion as money laundering. This would enable regulatory agencies to draw upon the full combined resources dedicated to either offense.
Originality/value
The analysis demonstrates that tax evasion completely incorporates money laundering as currently defined by the FATF.
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This paper aims to examine the Nigeria’s approach for tackling tax evasion, the limitations of double tax conventions for that purpose, the benefits of multilateral…
Abstract
Purpose
This paper aims to examine the Nigeria’s approach for tackling tax evasion, the limitations of double tax conventions for that purpose, the benefits of multilateral instruments/standards for automatic exchange of tax information and Nigeria’s ability to participate in such arrangements.
Design/methodology/approach
This paper is a library-based research, deploying content analysis with respect to books, law reports, law journals and newspapers.
Findings
Nigeria has taken significant steps to deal with domestic tax evasion by tightening anti-money laundering legislation, principally by making tax evasion a predicate offence and by imposing relating reporting obligations on financial institutions and a wide range of designated non financial institutions (DNFI's), but cross-border tax evasion remains a big problem owing to a limited network of double tax conventions (DTCs) and inherent limitations of the machinery in limiting exchange of information to distinct requests. Nigeria’s ability to benefit from new international standards providing for automatic exchange is compromised by the absence of robust rules with respect to taxpayer confidentiality and data protection.
Research limitations/implications
Because the research focused on Nigeria, the findings of the study might not be applicable to other jurisdictions.
Originality/value
Given the devastating effects of tax evasion on development in Nigeria and the priority accorded to the eradication of the problem in the sustainable development goals, this paper meets a need to determine the extent of sufficiency of Nigeria’s legal and regulatory framework in enabling the country to tackle tax evasion.
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