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1 – 10 of 394Doron Goldbarsht and Katie Benson
The legal profession is vulnerable to abuse for the purposes of money laundering and terrorist financing. According to the Financial Action Task Force (FATF), that vulnerability…
Abstract
Purpose
The legal profession is vulnerable to abuse for the purposes of money laundering and terrorist financing. According to the Financial Action Task Force (FATF), that vulnerability justified updated global recommendations that urge countries to require lawyers, notaries and other independent legal professionals – including sole practitioners, partners and employed professionals within law firms – to identify, assess and manage the money laundering and terrorist financing risks associated with their services and to ensure that they have appropriate mechanisms in place to provide risk assessment information to competent authorities. Those recommendations proved contentious, with concerns raised by both legal academics and legal professional bodies about the implications of certain aspects of the requirements for the principle of lawyer–client confidentiality. Despite those concerns, many countries have introduced or amended regulatory regimes to extend their application to the legal sector to comply with the FATF’s standards. The purpose of this paper is to contribute to the debate surrounding the extension of AML/CTF obligations to the legal profession.
Design/methodology/approach
This paper considers three jurisdictions – the UK, Israel and Australia – at different stages in their journey towards compliance with the FATF’s anti-money laundering (AML) and counter-terrorist financing (CTF) standards for the legal profession. While the UK has a long-established and well-embedded AML regulatory framework for legal professionals, Australia remains non-compliant with the FATF standards. Israel occupies a position between these two ends of the spectrum: following criticism of the omission of lawyers from its AML/CTF regime, Israel implemented due diligence rules for the profession. In 2018, Israel was found to be partially compliant with the relevant FATF recommendations.
Findings
It argues that although there are challenges involved, there are also important benefits. Therefore, Australia should act to implement its proposed changes sooner rather than later. Its persistent failure to appropriately address globally recognised areas of vulnerability leaves Australia open to integrity abuse. In addition, if the government delays addressing this issue until pressure from the FATF (such as deadlines for compliance and, if necessary, a finding of non-compliance) forces it to comply, this may tarnish Australia’s reputation, threaten its access to international financial markets and adversely affect the legitimacy and effectiveness of its AML/CTF regime.
Originality/value
Originality in this context refers to the distinctiveness and uniqueness of a paper’s content and approach. In this case, the originality lies in the fact that there is no other existing paper that addresses the topic of three common-law jurisdictions at various stages of their progression towards aligning with the FATF AML/CTF standards, specifically within the context of the legal profession. Furthermore, the timeliness of this paper is underscored by the fact that multiple jurisdictions are currently deliberating their positions on the focus of this paper. This adds to its originality and relevance, as it addresses a gap in the literature while also contributing to the ongoing discourse surrounding compliance with FATF’s standards.
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Esraa Esam Alharasis, Hossam Haddad, Mohammad Alhadab, Maha Shehadeh and Elina F. Hasan
This study aims to examine the degree of consciousness of forensic accounting (FA) in Jordan. This study surveys practitioners and academicians about their views and thoughts…
Abstract
Purpose
This study aims to examine the degree of consciousness of forensic accounting (FA) in Jordan. This study surveys practitioners and academicians about their views and thoughts toward the expected role of using FA techniques to detecting and preventing fraud practices and shedding more light on advantages and obstacles of using the FA techniques.
Design/methodology/approach
To collect the data, a questionnaire was constructed and distributed to the study population which consists of accounting academics, students and accounting practitioners.
Findings
The results of this study show evidence that both students and professionals have a lower level of awareness on the FA concept and its importance. The results also confirm there is a significant correlation between, fraud prevention and detection, advantages of the application of FA, the training courses toward the application of FA and the application of FA in the context of Jordan. It has also been confirmed that there is a number of significant factors hinders this implementation in Jordan.
Research limitations/implications
The findings of this study offer many policy implications for regulators and policymakers on the needed relevant information to address and implement FA in education and practice, thereby activating the FA concept in Jordan.
Originality/value
The primary motivation of this study is driven by the limited and inconclusive research on the FA as a monitoring tool, notably there is a high possibility of fraud and misstatement practices due to the agency conflict. This study is the first of its kind to discuss this topic in the context of Jordan. The need to integrating the accounting education within accounting profession regarding FA becomes an urgent need to develop the awareness level of practitioners when it comes to practice of FA.
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The purpose of this study is to analyse historical events to argue the improbable prospect of radical accounting reform in corporate financial reporting (CFR) due to the absence…
Abstract
Purpose
The purpose of this study is to analyse historical events to argue the improbable prospect of radical accounting reform in corporate financial reporting (CFR) due to the absence of abstract accounting knowledge as part of accountancy professionalisation (AP).
Design/methodology/approach
A historical database of CFR and AP events in the UK is categorised and analysed to observe the evolution of accounting in CFR from the perspective of the sociology of professions relating to abstract knowledge in professionalisation.
Findings
CFR has always been a statutory function in the UK dependent on arbitrary accounting rules rather than expert measurements based on abstract accounting knowledge. Accounting rules have evolved as part of AP and currently form part of the statutory regulation of CFR. The accountancy profession has eschewed abstract accounting knowledge in a mutually beneficial and uncompetitive relationship with the law profession in CFR.
Research limitations/implications
The study is limited to the history of CFR and AP in the UK and its findings are contrary to the sociology of professions regarding abstract knowledge, consistent with the accountancy profession’s 19th-century experience of court-related services, and indicative of normative accounting research’s redundancy.
Practical implications
Regarding CFR and AP in the UK, the accountancy profession is an expert subordinate branch of the law profession and has no incentive to alter the status quo of statutory accounting rule compliance prevailing over abstract accounting knowledge-based expertise in CFR.
Originality/value
The study questions the optimism of prior research of accounting in CFR that suggests the possibility of radical reform using abstract knowledge.
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The Scottish Government hope to pilot judge only rape trials to increase the woefully low rape conviction rates in Scotland. The reasoning is that by removing jurors, the court…
Abstract
Purpose
The Scottish Government hope to pilot judge only rape trials to increase the woefully low rape conviction rates in Scotland. The reasoning is that by removing jurors, the court will be attenuating the role that rape myths and other cognitive and social biases have on conviction rates. However, a plethora of research from cognitive and social psychology, legal literature and decision-making science has shown that experts, including judges and other legal professionals, may be no less biased than laypeople. This paper aims to outline the research highlighting that experts may also be biased, why biases in judges can be elicited, and potential alternative recommendations (i.e. deselecting jurors who score highly on rape myths and providing training/education for jurors). Furthermore, piloting with real judges, in real trials, may not be best practice. Therefore, the authors recommend that any piloting is preceded by experimental research.
Design/methodology/approach
N/A
Findings
Furthermore, piloting with real judges, in real trials, may not be best practice; therefore, the authors recommend that any piloting is preceded by experimental research.
Originality/value
To the best of the authors’ knowledge, this research is the first of its kind to directly compared the decision-making of jurors and judges within the current Scottish legal context.
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This article analyses the existing retail and distribution legal framework in which Internet companies operate, focusing on data breaches and other issues of relevance to these…
Abstract
Purpose
This article analyses the existing retail and distribution legal framework in which Internet companies operate, focusing on data breaches and other issues of relevance to these companies. In order to identify who should be responsible for the largest share of improving people's quality of life, this study takes into account the perspectives of both consumers and businesses (or service provider). The author states that where there is a high probability of a security or privacy breach and the customer suffers moderate to severe damage, the burden of proof may shift to the corporation. However, the customer's obligation is conditioned by factors such as the customer's risk tolerance, the customer's losses and the efficiency of the security investment.
Design/methodology/approach
The author suggests that the decentralized nature of blockchain, information sharing, immutability and smart contracting capabilities have the potential to disrupt established business models and social norms. Challenges related to trust, customs oversight and payments are discussed, as well as the process of creating the framework for electronic commerce. As part of this research, the author has taken into consideration the increasing popularity of Internet shopping.
Findings
The author demonstrates that due to the worldwide reach of the internet and the fast advancement of computer technology, the economies of the globe have grown increasingly linked. Even though e-commerce has been growing rapidly in recent years due to innovations in both technology and international retail and distribution forms, it still confronts a number of challenges.
Research limitations/implications
In e-commerce that makes use of blockchain technology, there are significant costs associated with transferring data formats, a lack of consensus and limited emissivity in the flow of law and information. Reduced costs and associated negative externalities would be tremendously beneficial for both private enterprise and forward-thinking public policy.
Practical implications
This paper examines the potential liability concerns that may arise in the context of electronic transactions should a breach of security or privacy occur, as the author shows from a practical standpoint. Computers, mobile devices, tablets, sensors, smart meters and even autos are just some of the many channels via which data may be sent. It is conceivable for data flows in e-commerce, cloud and the Internet of Things to follow a regular pattern. This may endanger the confidentiality or security of the data. These have evolved into a significant barrier that web stores must overcome.
Originality/value
The author argues that resolving disputes related to the processing of electronic transactions is crucial to the growth of e-commerce businesses since customer happiness is directly correlated with business success.
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The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform…
Abstract
Purpose
The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a need for constant change and reform of the law to ensure that it remains transparent, up-to-date and applicable to all means through which economic crime can be committed, South Africa lacks the necessary resources and attitudes to accomplish this essential goal.
Design/methodology/approach
The approach used in this paper is purely qualitative using journal articles, textbooks, reports, periodicals, speeches and legislation as its basis. It is through a consolidation of this literature that this paper was formed.
Findings
While South Africa’s present system of asset forfeiture is producing some impressive results, the process still has vast room for improvement. There are key areas which this paper outlines for reform. However, the probability of improvement is relatively low owing to the levels of corruption, illicit activities and attitudes of mistrust within the South African society at large.
Originality/value
The concept of asset forfeiture is not new to any international jurisdiction, let alone South Africa itself. However, this paper aims to give insight into the specific South African experience of this procedure and how it can possibly be improved within the specific context.
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Parul Gupta, Fangfang Zhang, Sumedha Chauhan, Sandeep Goyal, Amit Kumar Bhardwaj and Yuvraj Gajpal
This study aims to examine the factors (Stimuli) enhancing perceived utilitarian, social and conditional values (Organisms) of social commerce (s-commerce) platforms and their…
Abstract
Purpose
This study aims to examine the factors (Stimuli) enhancing perceived utilitarian, social and conditional values (Organisms) of social commerce (s-commerce) platforms and their impact on small and medium enterprises’ (SMEs’) behavioral intention (Response) to adopt s-commerce.
Design/methodology/approach
Survey data were gathered from 304 Indian SMEs using s-commerce platforms. Data were analyzed using SmartPLS 3 software.
Findings
The results indicated that perceived values significantly impact SMEs’ behavioral intention to adopt s-commerce. Among conditional, utilitarian and social values, the conditional value of s-commerce sites was found to be the strongest motivator for SMEs to adopt s-commerce.
Research limitations/implications
This research contributes to the growing literature on s-commerce, explaining how perceived value influences the decision of SMEs to adopt s-commerce platforms.
Practical implications
Among the significant influencers, perceived usefulness and perceived reputation were found to be the most effective triggers that stimulate perceived values of s-commerce sites. The findings draw due attention from policymakers toward environmental cues such as the legal and regulatory environment, which are instrumental in creating the most important perceived value for SMEs, i.e. conditional value.
Originality/value
By employing the inputs from the theory of consumption values and the Stimulus-Organism-Response framework, this original study looked beyond the technology factors and examined the role of perceived values of s-commerce platforms in shaping SMEs’ behavioral intention to adopt.
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Ghansham Anand, Dita Elvia Kusuma Putri and Tristania Faisa Adam
This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for…
Abstract
Purpose
This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for judges to determine the percentage of compensation for corporations responsible for land degradation. This paper aims also presents a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations proportionally responsible in terms of causing land degradation.
Design/methodology/approach
This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is conceptual, statute and comparative approach.
Findings
By analyzing the related legal norms, it can be understood that in Asian countries, such as Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the regulations in these countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is a market shared liability.
Research limitations/implications
This research is limited to regulation in the Asia region. By analyzing the regulation, this paper will provide an analysis about the land degradation regulation mechanism in Asia and give an analysis about market shared liability as one of the solution to handling land degradation. Having the same ground rules will create synergies between countries in Asia to handle land degradation.
Originality/value
This paper is the first systematic legal research comparing regulations from three nations in Asia on land degradation and the first paper to provide market shared liability as a solution to handling land degradation.
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Perceptions of employment histories are important insofar as they influence future job prospects. Critically, in light of the current pandemic, wherein many individuals are likely…
Abstract
Purpose
Perceptions of employment histories are important insofar as they influence future job prospects. Critically, in light of the current pandemic, wherein many individuals are likely to have unanticipated employment gaps and/or temporary work experiences, this exploratory study aims to seek a better understanding of the signal associated with temporary employment histories, which is particularly germane to individuals' employment trajectories and a successful labour market recovery.
Design/methodology/approach
Drawing primarily on signalling theory and using a simulated hiring decision experiment, the authors examined the perceptions of temporary employment histories, as well as the period effect of COVID-19, a major exogenous event, on the attitudes of fictitious jobseekers with standard, temporary and unemployment histories.
Findings
The authors find that prior to COVID-19 unemployed and temporary-work candidates were perceived less favourably as compared to applicants employed in a permanent job. During the COVID-19 pandemic, assessments of jobseekers with temporary employment histories were less critical and the previously negative signal associated with job-hopping reversed. This study’s third wave of data, which were collected post-COVID, showed that such perceptions largely dissipated, with the exception for those with a history of temporary work with different employers.
Practical implications
The paper serves as a reminder to check, insofar as possible, preconceived biases of temporary employment histories to avoid potential attribution errors and miss otherwise capable candidates.
Originality/value
This paper makes a unique and timely contribution by focussing and examining the differential effect of economic climate, pivoted by the COVID-19 pandemic, on perceptions of temporary employment histories.
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Karunanithi Kanagaraj and Ramalinggam Rajamanickam
The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.
Abstract
Purpose
The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.
Design/methodology/approach
A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.
Findings
By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.
Originality/value
The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.
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