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1 – 10 of over 168000Salwa Zolkaflil, Normah Omar and Sharifah Nazatul Faiza Syed Mustapha Nazri
Malaysia has implemented a comprehensive AML/CFT framework, yet its effectiveness remains questionable due to low number of prosecutions on money laundering cases. Therefore, this…
Abstract
Purpose
Malaysia has implemented a comprehensive AML/CFT framework, yet its effectiveness remains questionable due to low number of prosecutions on money laundering cases. Therefore, this study aims to understand the reasons for low number of prosecutions, by addressing the challenges faced by the law enforcement agencies in conducting money laundering investigation. This study then identifies future improvement actions to enhance their effectiveness in combating money laundering in future.
Design/methodology/approach
This study distributed surveys to the law enforcement agencies that are responsible for conducting money laundering investigation in Malaysia. In total, 65 surveys were distributed; however, only 61 were returned to the researchers. Out of the 61 surveys returned, only 39 can be analysed due to incomplete answers given by respective respondents.
Findings
The results show that the investigating officers are facing difficulties in gathering sufficient information to support their charges. Besides information gathering, they are also facing difficulties due to short investigation timeframe regulated in the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001. This study concludes that, although the law enforcement agencies have the power to investigate money laundering and terrorism financing under the act, Malaysia is lacking in having a good investigative support system to assist the law enforcement agencies during the investigation process.
Practical implications
The results of this study are helpful to the regulators and law enforcement agencies in determining the flaws of the current money laundering investigation practices. This study also provides suggestions for future improvement action.
Originality/value
Lack of study focuses on money laundering investigation conducted by the law enforcement agencies, especially in the Malaysian setting, makes the study valuable to the money laundering research.
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This paper presents an analytical framework for determining efficient levels and durations of precontractual investigation. Economic efficiency in the allocation of investigation…
Abstract
This paper presents an analytical framework for determining efficient levels and durations of precontractual investigation. Economic efficiency in the allocation of investigation tasks between client and tenderer is shown to depend on how closely related the technologies of investigation and construction are. Moreover, risk aversion and the interest rate affect the efficient allocation. The framework is also used as a basis for an investment analysis of the balance between client's investigation efforts and expected claims in the future. Finally, the framework is used to show how the optimal length of the investigation period can be derived from the expected cash flow associated with a project over its total life cycle, from inception to demolition. Results indicate the economic potential of tailoring risk sharing in construction procurement, according to the type of construction project and the attitudes to risk among client and contractors.
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This article starts with a short introduction to the department of the Dutch Fiscal Investigation and Information Service (FIOD). There will be an introduction on financial…
Abstract
This article starts with a short introduction to the department of the Dutch Fiscal Investigation and Information Service (FIOD). There will be an introduction on financial investigations in general, a definition and goals. Attention will also be given to the recommendations of the Financial Action Task Force. There are two examples of financial investigations, one in the area of so‐called ‘organised crime’ and one in the area of ‘organisational crime’. These examples make clear that financial investigations can be a successful investigation method. Through the use of this method both tactical information and evidence are given. The examples will also show that financial investigations may have to be connected to other forms of investigation: the use of informers, surveillance, wire tapping and crown witnesses. They will also make clear that, from the point of view of a financial investigator, there is no big or relevant distinction in the way of tackling these sorts of crime.
Melanie A. Kastl and Brian H. Kleiner
Specifies that the vast majority of employers hire workers based on lawful criteria such as skills and qualifications, using those same criteria to promote within the…
Abstract
Specifies that the vast majority of employers hire workers based on lawful criteria such as skills and qualifications, using those same criteria to promote within the organization. Identifies various employment situations that arise and need investigation, due to wrongdoing in some way. Discusses, in depth, ways to conduct investigations in a fair and meaningful way without bias.
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This paper aims to examine 12 cases in which financial investigation was used in the UK to secure a conviction of an organised crime group. Importantly, no conviction would have…
Abstract
Purpose
This paper aims to examine 12 cases in which financial investigation was used in the UK to secure a conviction of an organised crime group. Importantly, no conviction would have been achieved in these cases without the use of financial investigation.
Design/methodology/approach
Qualitative interviews were undertaken with investigating officers/financial investigators/prosecutors associated with 60 cases in which a conviction and subsequent confiscation order were achieved. Of these 60 cases, a conviction would not have been achieved without the use of financial investigation in 12 cases. In other cases (not examined here), financial investigation played a supporting role for other methods of investigation to achieve a conviction. This paper provides a reanalysis of the 12 cases concerned.
Findings
The study shows that financial investigation was often introduced at the pre‐arrest stage in an investigation, although there were still opportunities to introduce financial investigation earlier in the case in some instances. While a range of different types of criminality were investigated, all 12 were eventually convicted of financial crime.
Research limitations/implications
The research was limited by the small number of cases examined and by the fact that it relied on the recollections of those involved in the cases, rather than analysis of case files. Further research should examine a wider range of cases in which a conviction was secured solely through financial investigation.
Originality/value
This paper is the first to analyse cases in which convictions for organised crime would not have been achieved without financial investigation.
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The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and…
Abstract
The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.
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This study aims to investigate ground-related design deficiencies as potential avenues of avoidable cost overruns, discernible from the geotechnical practices of highway agencies…
Abstract
Purpose
This study aims to investigate ground-related design deficiencies as potential avenues of avoidable cost overruns, discernible from the geotechnical practices of highway agencies in the Niger Delta region of Nigeria.
Design/methodology/approach
The study deploys an interpretivist qualitative methodology to provide a detailed descriptive analysis of the design-related geotechnical practices of highway agencies during the pre-contract phase of highway projects. Semi-structured interviews were conducted with in-house professionals, consultants and contractors affiliated with the three highway agencies in the Niger Delta and thematically analysed to identify significant deviations from geotechnical best practices.
Findings
The study outcome shows that during the pre-contract phase, a chain of design-related geotechnical shortcomings has plagued highway projects executed in the Niger Delta. This view of practice uncovered in this study demonstrates a culture of significant deviation from best practice recommendations, which could plausibly contribute to the history of significant project cost overruns recorded in the region.
Originality/value
The study qualitatively spotlights gaps in the practice of highway agencies and reinforces the need for a re-orientation of the attitude to risk management, to give geotechnical concerns a priority in the financial management of highway projects executed in the Niger Delta region of Nigeria.
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The purpose of this study is to identify the attributes – skills, education and qualifications – required to be a contemporary corporate investigator.
Abstract
Purpose
The purpose of this study is to identify the attributes – skills, education and qualifications – required to be a contemporary corporate investigator.
Design/methodology/approach
To address heretofore unexplored areas in the literature, this study used data collected from semi-structured interviews with 33 corporate investigators in Australia.
Findings
This paper highlights the complexities that surround corporate investigations and identifies nine attributes critical for investigative success. The findings identify some commonalities with police–detective skills and suggest that the corporate investigator needs the skills of an accountant and a lawyer to complement these investigative skills.
Originality/value
Studies of private investigators are rare as such; therefore, this paper fills a gap in academic literature by examining the skills necessary to conduct private investigations of corporate and white-collar crime.
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Jacobus Gerhardus J. Nortje and Daniel P. Bredenkamp
The purpose of this paper is to critically analyse and discuss the identification of a generic investigation process to be followed by the commercial forensic practitioner in…
Abstract
Purpose
The purpose of this paper is to critically analyse and discuss the identification of a generic investigation process to be followed by the commercial forensic practitioner in South Africa.
Design/methodology/approach
This paper is a cross-sectional design that commenced with a review of the current available literature, highlighting the different approaches, processes and best practices used in local and international forensic practices. The methodology includes primary data collected with questionnaires from commercial forensic practitioner (N = 75) process users.
Findings
This paper identifies the following five distinct categories in the forensic investigation process, with sub-processes, namely, initiation, planning, execution, reporting and reflection.
Research limitations/implications
The study focuses only on the South African members of the Institute of Commercial Forensic Practitioners (ICFP) fraternity in South Africa as the ICFP is a leading body that, through membership, offers a recognised professional qualification in commercial forensics.
Practical implications
An investigation process for commercial forensic practitioners in South Africa could be used by the ICFP that would provide a governance structure for the ICFP.
Originality/value
The originality of this paper lies in setting out of an account of forensic accounting processes and best practices nationally and internationally. The missing knowledge is that no such research is known to have been conducted in South Africa. Currently, to the authors’ knowledge, no formalised investigation process exists. The contribution of the study is that by using an investigation process, it may enhance the quality of forensic investigations and contribute to the successful investigation and prosecution of commercial crime in South Africa that will be beneficial to all stakeholders.
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