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Article
Publication date: 23 March 2020

Jorum Duri

The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants…

Abstract

Purpose

The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States.

Design/methodology/approach

The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees.

Findings

The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees.

Originality/value

This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically.

Details

Journal of Money Laundering Control, vol. 23 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 March 2000

Daniel Gentzik

Money laundering has become an issue of increasing concern within the jurisdictions of Germany and the UK. Following a range of international efforts to combat money laundering…

Abstract

Money laundering has become an issue of increasing concern within the jurisdictions of Germany and the UK. Following a range of international efforts to combat money laundering, both countries have implemented wide‐ranging money‐laundering provisions. A closer look at these provisions reveals that they are primarily designed to tackle organised crime. And it can safely be claimed that talk of the challenges faced by financial institutions, national economies and society as a whole has become quite fashionable nowadays in the light of professionally expanding drug cartels, arms‐dealing gangs and other forms of organised groups carrying out serious cross‐border crime. Whenever ‘organised crime’ appears to raise its ugly head, the introduction of ever‐widening and in many cases draconian measures to counter money laundering as the Achilles heel of organised crime is widely held to be fully justified.

Details

Journal of Money Laundering Control, vol. 4 no. 1
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 1 January 1976

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal…

Abstract

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Details

Managerial Law, vol. 19 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 18 June 2018

Tazviona Richman Gambe

The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road…

Abstract

Purpose

The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road characterised by a litany of hiccups.

Design/methodology/approach

The study is guided by the qualitative methodology. Data were mainly collected from property managers operating in the real property market in Harare using in-depth interviews. Analysis of data was done through content analysis.

Findings

It emerged from the study that the eviction process in Zimbabwe is fraught with impediments and expenses that are sometimes exasperating to property owners and investors. The current eviction regulations favour the lessees at the expense of lessors thus niggling lessees have aggravated the already protracted process by unnecessary appeals.

Research limitations/implications

The paper only focuses on residential property management and eviction of legal lessees due to non-payment of rentals.

Practical implications

The rent regulations should be reviewed in order to create a fair legal system that protects the rights of both the lessors and lessees in Zimbabwe.

Originality/value

The perpetual decline of the economy in Zimbabwe has crippled lessees’ ability to pay rentals. Yet, it has also become intricate to evict defaulting lessees thereby causing loss of income to rental housing investors. Thus, the paper challenges the protracted eviction processes in the real property industry that have prejudiced property owners and scared away potential rental housing investors that are greatly needed to boost the rental market.

Details

Property Management, vol. 36 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Case study
Publication date: 17 March 2021

Melissa S. Prosky

This case study draws on interviews conducted with officials from the Rhode Island Department of Environmental Management (DEM), City of Woonsocket and Town of North Smithfield…

Abstract

Research methodology

This case study draws on interviews conducted with officials from the Rhode Island Department of Environmental Management (DEM), City of Woonsocket and Town of North Smithfield. Additionally, it pulls from relevant legal documents, recordings and minutes from meetings of the Woonsocket City Council and North Smithfield Town Council, City Council resolutions, state legislation and local press coverage.

Case overview/synopsis

From 2012–2017, the communities of Woonsocket and North Smithfield engaged in a protracted dispute concerning wastewater disposal. For 30 years, the two jurisdictions had maintained a signed service agreement. Following its expiration; however, Woonsocket imposed a new host fee on North Smithfield. Woonsocket needed to upgrade the facility to comply with mandates from the RI DEM. Over the next five years, leaders from both jurisdictions vociferously fought over the new fee. At the same time, leaders within communities experienced their own divisions. This case study highlights the challenges that decision-makers faced in both communities.

Complexity academic level

This case is appropriate for graduate and executive level courses in environmental policy, communication and leadership.

Details

The CASE Journal, vol. 17 no. 1
Type: Case Study
ISSN:

Keywords

Article
Publication date: 27 September 2021

Omer Unsal

This paper aims to investigate how firms’ relationships with employees define their debt maturity. The authors empirically test the role of employee litigations in influencing…

Abstract

Purpose

This paper aims to investigate how firms’ relationships with employees define their debt maturity. The authors empirically test the role of employee litigations in influencing firms’ choice of short-term versus long-term debt. The authors study employee relations by analyzing the importance of the workplace environment on capital structure.

Design/methodology/approach

The author’s test hypotheses using a sample of US publicly traded firms between 2000 and 2017, including 3,056 unique firms with 4,256 unique chief executive officer, adopting the fixed effect panel model.

Findings

The authors document that employee litigations have a significant negative effect on the use of short-term debt and a significant positive affect on long-term debt. Employee litigations, along with legal fees, outcomes and charging parties, matter the most in explaining debt maturity. In addition, frequently sued firms abandon the short-term debt market and use less shareholders’ equity to finance their operations while relying more on the longer debt market.

Originality/value

To the best of the authors’ knowledge, this is the first study to examine the role of employee mistreatment in debt maturity choice. The study extends the lawsuit and finance literature by examining unique, hand-collected data sets of employee lawsuits, allegations, violations, settlements, charging parties, case outcomes and case durations.

Details

Corporate Governance: The International Journal of Business in Society, vol. 22 no. 2
Type: Research Article
ISSN: 1472-0701

Keywords

Article
Publication date: 21 September 2012

Ranajit Kumar Bairagi and William Dimovski

The purpose of this paper is to investigate the total direct costs of raising external equity capital for US real estate investment trust (REIT) initial public offerings (IPOs).

Abstract

Purpose

The purpose of this paper is to investigate the total direct costs of raising external equity capital for US real estate investment trust (REIT) initial public offerings (IPOs).

Design/methodology/approach

The study provides recent evidence on total direct costs for a comprehensive dataset of 125 US REIT IPOs from 1996 until June 2010. A multivariate OLS regression is performed to determine significant factors influencing the level of total direct costs and also underwriting fees and non‐underwriting direct expenses.

Findings

The study finds economies of scale in total direct costs, underwriting fees and non‐underwriting expenses. The equally (value) weighted average total direct costs are 8.33 percent (7.52 percent), consisting of 6.49 percent (6.30 percent) underwriting fees and 1.87 percent (1.22 percent) non‐underwriting direct expenses. The study finds a declining trend of total direct costs for post 2000 IPOs which is attributed to the declining trend in both underwriting fees and non‐underwriting direct expenses. Offer size is a critical determinant for both total direct costs and their individual components and inversely affects these costs. The total direct costs are found significantly higher for equity REITs than for mortgage REITs and are also significantly higher for offers listed in New York Stock Exchange (NYSE). Underwriting fees appear to be negatively influenced by the offer price, the number of representative underwriters involved in the issue, industry return volatility and the number of potential specific risk factors but positively influenced by prior quarter industry dividend yield and ownership limit identified in the prospectus. After controlling for time trend, the paper finds REIT IPOs incur higher non‐underwriting direct expenses in response to higher industry return volatility prior to the offer.

Originality/value

This paper adds to the international REIT IPO literature by exploring a number of new influencing factors behind total direct costs, underwriting fees and non‐underwriting direct expenses. The study includes data during the recent GFC period.

Book part
Publication date: 8 November 2010

William V. Rapp

This research chapter argues lawyers, not just bankers, for good and bad have been involved in all aspects of the current financial crisis. Indeed after examining and assessing…

Abstract

This research chapter argues lawyers, not just bankers, for good and bad have been involved in all aspects of the current financial crisis. Indeed after examining and assessing various civil causes of action related to the “Mortgage Meltdown” and its aftermath, it appears if lawyers had been less involved or had raised warnings about legal risks as well as economic ones, whether the financial impact would have been so disastrous and widespread. Indeed by raising cautionary flags earlier, lawyers might have better served both the clients’ and the public's long-term interests. This view thus complements issues related to criminally prosecuting mortgage fraud that has also seen explosive growth and where lawyers have again played central roles. Lawyers have been involved at the back end too in terms of legislation or resolving issues such as bankruptcies and foreclosures.

The chapter examines several causes of action the media have reported being raised by various parties and how they illustrate the role lawyers, regulations, and legislation have played in the origins and evolution of the current crisis. The cases explored involve individual parties and class actions. The chapter also analyzes in detail a case representing opposite ends of the origination and foreclosure closure spectrum by describing a derivative shareholder suit against corporate officers and directors actively involved in creating the subprime mess, who were then sued for covering up the inevitable results from failed loans in the reports to shareholders. It thus illustrates the legal complexities emerging from the abuse of complex financial and organizational structures impacting many investors. Finally the chapter concludes by arguing there is a public policy need not only for financial regulatory reform but also for a tightening in the professional standards and regulatory penalties imposed on lawyers involved in such transactions.

Details

International Banking in the New Era: Post-Crisis Challenges and Opportunities
Type: Book
ISBN: 978-1-84950-913-8

Article
Publication date: 29 May 2020

Ki Kyung Song and Eunyoung Whang

Using Porter’s (1980) generic strategy to define strategic positioning of law firms, this paper aims to explain why some law firms have more/less pay inequality than others do and…

Abstract

Purpose

Using Porter’s (1980) generic strategy to define strategic positioning of law firms, this paper aims to explain why some law firms have more/less pay inequality than others do and examine the impact of pay inequality on law firms’ partners and the job satisfaction of their associates.

Design/methodology/approach

This paper uses data from The American Lawyer. The strategic positioning, compensation and job satisfaction scores of 614 firm-year observations of US law firms are hand-collected over the period from 2007 to 2016.

Findings

Non-equity partners at law firms with differentiation strategy (Porter, 1980) are more likely to build rainmaking ability than those at law firms relying on billable hours. As a result, law firms with differentiation strategy have a narrower pay gap between their equity and non-equity partners than those firms relying on billable hours. After controlling for the effects of strategy on pay inequality using two-stage and three-stage least squares models, this paper finds that a wider pay gap deprives associates of job satisfaction.

Originality/value

Considering strategic positioning, this paper validates why some law firms have more/less pay inequality and proves how pay inequality affects job satisfaction.

Details

Journal of Accounting & Organizational Change, vol. 16 no. 2
Type: Research Article
ISSN: 1832-5912

Keywords

Expert briefing
Publication date: 2 September 2015

With the new rules, the United Kingdom is making it easier for consumers to bring collective legal actions for alleged violations of competition law, although it has largely…

Details

DOI: 10.1108/OXAN-DB203089

ISSN: 2633-304X

Keywords

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