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Article
Publication date: 9 November 2022

Muhammad Saleem Korejo, Erum Naseer Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Nazir Ullah

This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is…

Abstract

Purpose

This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is effective and improves anti-corruption operating system in Pakistan.

Design/methodology/approach

This paper performs an analysis of recent amendments incorporated in NAO from the observations of superior courts, United Nations Corruption Convention and Financial Action Task Force (FATF) guidelines and also evaluates new legislation in terms of effectiveness in anti-corruption campaign.

Findings

This paper finds that ample amendments are inessential, and thus may largely jeopardize accountability process; changes appear to be intentionally crafted to benefit some selected group of people: the definition of asset is compressed; the onus of proof is shifted on the informer; and provisions of money trail, foreign evidence and protection of approver are abolished; such changes defy to the UN Corruption Convention and FATF guidelines. A legislation endorsed from all stakeholders is suggested; additionally, improved strategies proposed to strengthen accountability process while keeping in view the constitutional issues relevant in the course of anti-corruption investigations.

Originality/value

This paper is unique in the context of the anti-corruption strategies in Pakistan, highlighting the legal laxness of new government regarding corruption and money laundering.

Details

Journal of Financial Crime, vol. 30 no. 5
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 6 September 2023

Zeynab Malakouti Khah and Aref Khalili Paji

The purpose of this study is to examine Iran’s anti-money laundering (AML) system from a legal and criminal perspective and to understand the obstacles for international…

Abstract

Purpose

The purpose of this study is to examine Iran’s anti-money laundering (AML) system from a legal and criminal perspective and to understand the obstacles for international cooperation and the extent to which it aligns with financial action task force (FATF) standards. In this regard, three aspects are examined, namely, enforcement and guarantees of preventive measures, penalty for ML offences and the burden of proof.

Design/methodology/approach

This subject is examined through the legal–criminal perspective, which concentrates on the effectiveness of legal measures in tackling criminal issues by focusing on criminal law. The legal–criminal viewpoint considers criminal behaviour as a breach of societal norms and strives to combat it through legal channels.

Findings

Iran’s AML laws and regulations are partially compliant with the financial action task force (FATF) recommendations. However, the main obstacle is not the lack of sufficient laws, rather the lack of proper implementation of these laws. In addition, there are foundational shortages, such as the absence of a national risk document to guide an action based on current risks.

Originality/value

No comprehensive study has analysed Iran’s AML laws, referring to the three main aspects of enforcement and guarantees of preventive measures, penalties for ML offenses and the burden of proof. In general, there are few research papers on Iran’s AML laws owing to Iran’s high ranking in ML/TF. However, analysing Iran’s regulations can be helpful in taking a step towards effective international AML practices.

Details

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

Keywords

Article
Publication date: 24 October 2023

Doron Goldbarsht

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks…

Abstract

Purpose

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial.

Design/methodology/approach

The focal point of this paper is Australia’s approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies.

Findings

It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system.

Originality/value

This paper provides a distinctive perspective by examining Australia’s legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context.

Details

Journal of Money Laundering Control, vol. 27 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 19 October 2023

Alolote Amadi

This study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law…

Abstract

Purpose

This study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law modules.

Design/methodology/approach

A Delphi analysis of the advice provided by an MSC quantity surveying student, on a scenario-based legal problem arising due to a property contract, is carried out. The tendered legal advice was submitted as part of the assessment requirements for an MSc law module, following the university criteria, after the teaching of a law module. The student report, which attained an A-grade, and the assessment criteria used for marking/grading by the university were subsequently sent to 18 practicing lawyers, who were selected to constitute an expert panel, to independently judge the extent of legal knowledge demonstrated in the student report.

Findings

The Delphi analysis outcome showed that the expert panel holds a similar consensus view to the university on the level of legal knowledge demonstrated and by extension the effectiveness of the law module in imparting legal knowledge to a non-lawyer. The study outcome shows how well legal knowledge can be acquired and applied by a non-lawyer, within the context of the built environment, via scenario-based teaching of a law module.

Originality/value

This study serves as a preliminary step necessary to arouse further research toward empirically profiling the current outlook of a wider range of graduating students receiving scenario-based legal education in the built environment.

Details

Property Management, vol. 42 no. 1
Type: Research Article
ISSN: 0263-7472

Keywords

Open Access
Article
Publication date: 9 December 2022

Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag

This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from…

1566

Abstract

Purpose

This paper aims to focus on the use of unexplained wealth orders (UWOs) in South Africa as a civil method to act upon lifestyle audit results that have indicated wealth from unknown, possibly unlawful, sources.

Design/methodology/approach

This paper applied a comparative methodology. Legislation and the application of UWOs in Ireland, the UK and Australia were compared with the situation in South Africa.

Findings

It is proposed that South Africa includes UWO legislation within its Prevention of Organised Crime Act or be established as a separate piece of legislation. Also, South Africa should follow both the civil and criminal route to target the proceeds of crime.

Originality/value

Corruption in South Africa is rampant and, without the necessary legislation, impossible to fight. For these purposes, this paper proposes measures to be used from a civil forfeiture perspective.

Details

Journal of Money Laundering Control, vol. 26 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 15 May 2023

Claire Wotherspoon

This chapter explores the contribution of The Open University (OU) Library to influencing curriculum decisions about embedding digital and information literacies in an online…

Abstract

This chapter explores the contribution of The Open University (OU) Library to influencing curriculum decisions about embedding digital and information literacies in an online environment. Recommendations can be applied to higher education (HE) institutions as they develop permanent e-learning strategies to prepare for a long-term solution to online learning experiences. Learning providers are creating strategies for online content creation, student engagement, and skills development. It is an opportunity to demonstrate their value by making an effective transition to online learning, streamlining services to create student-centered experiences.

It investigates existing e-pedagogical approaches developed pre- and during the COVID-19 pandemic to embedding digital literacies in practice, drawing on the OU’s experience of developing effective frameworks for online teaching programs. The aim is to review institutional preparedness for effective transition, so that staff members and students can adapt to post-COVID realities. This draws upon student-centered, holistic design of programs to embed accessible and inclusive processes in distance learning, utilizing technological solutions to create optimal teaching and learning environments.

It will also make recommendations about how embedding digital literacies within the curriculum will equip graduates for post-education experiences within working and social contexts, by building activities into module that develop digital capabilities. For effective learning experiences to take place, institutions require development of born-digital support material to develop staff confidence and ability to produce effective, accessible online learning objects. As more organizations move to online, hybrid, and flipped learning interventions, high-level university strategy can future-proof learning design by developing the support that staff need to provide the best experiences for their learners.

Details

Pandemic Pedagogy: Preparedness in Uncertain Times
Type: Book
ISBN: 978-1-80071-470-0

Keywords

Abstract

Details

A New Left Economics: An Economy with a Social Conscience
Type: Book
ISBN: 978-1-80455-402-9

Book part
Publication date: 10 May 2023

Samridhi Tanwar and Aakash Khindri

Purpose: The global financial services business has been transformed by Blockchain technology, making it safer and more efficient. Keeping this fact in mind, the authors will…

Abstract

Purpose: The global financial services business has been transformed by Blockchain technology, making it safer and more efficient. Keeping this fact in mind, the authors will study how Blockchain technology improves financial services, including the banking and insurance sectors. The risks and roadblocks in the path of Blockchain adoption in financial services will also be discussed.

Need of the Study: Blockchain operates without any central authority. Instead, it could be understood as a transaction-containing ledger shared among many users. The adoption of Blockchain is gaining traction in every field, but still, a sense of doubt about its reliability can be observed among ordinary people. Thus, an investigation of the operational intricacies and technicalities could assist in clarifying the confusion associated with this technology.

Methodology: To achieve the aims mentioned above, an exploratory research design involving a review of the secondary data linked with the implementation and impact of Blockchain technology in the domain of finance is conducted.

Findings: The mode of operation of Blockchain technology is thoroughly explained, along with the influence it has exercised in the financial domain in recent years.

Practical Implications: The findings of this study can mainly assist global investors and users worldwide by clarifying the concept and operations of Blockchain technology. Also, it could guide future studies assessing the role of Blockchain in the financial domain.

Details

Contemporary Studies of Risks in Emerging Technology, Part A
Type: Book
ISBN: 978-1-80455-563-7

Keywords

Book part
Publication date: 8 December 2023

Jamil Ddamulira Mujuzi

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…

Abstract

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

Details

Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

Keywords

Article
Publication date: 27 May 2022

Zhi Wang, Arvind Upadhyay and Anil Kumar

Facing the challenges posed by the pandemic of COVID-19, this paper aims to contribute to the resilience of businesses through the development of a real options approach (ROA…

Abstract

Purpose

Facing the challenges posed by the pandemic of COVID-19, this paper aims to contribute to the resilience of businesses through the development of a real options approach (ROA) that provides alternatives and opportunities for a decision process under situations when future events and outcomes are unknown and not capable of being known from current information.

Design/methodology/approach

This paper involves a stochastic modelling process in generating a set of absolute option values, using available data and scenarios from the COVID-19 pandemic event. The modelling and simulations using ROA suggest how strategic portfolios resolve the growing problem during the endemic to all but in the most isolated societies.

Findings

This study finds the emergent correlation between circuit breakers and lockdowns, which have brought about a “distorted gravity” effect (inverse growth of global businesses and trades). However, “time-to-build” real options (i.e. deferral, expand, switch and compound exchange) start to function in the adaptive-transformative capabilities for growth opportunities of both government and corporate sectors. Significantly, some sectors grow faster than others while the compound exchange remains primarily challenging. Clearly, the government and corporate sectors are entangled, inevitably, the decoherence allows for the former to change uncertainty in the latter; therefore, government sector options change option values in the corporate sector.

Originality/value

The ROA by empirically focusing on both government and corporate sectors demonstrates under conditions of uncertainty how options in decision-making generate opportunities that hitherto have not been recognised and exercised upon by research in the immediate context of the COVID-19 pandemic. Importantly, the ROA provides an insightful concatenation (capability–behaviour approach) that drives resilience.

Details

Journal of Modelling in Management, vol. 18 no. 4
Type: Research Article
ISSN: 1746-5664

Keywords

1 – 10 of 34