This book deals with the widespread economic and financial crime issues of corruption, the shadow economy and money laundering. It investigates both the theoretical and practical aspects of these crimes, identifying their effects on economic, social and political life. This book presents these causes and effects with a state of the art review and with recent empirical research. It compares the international and transnational aspects of these economic and financial crimes through discussion and critical analysis. This volume will be of interest to researchers and policy makers working to study and prevent economic and financial crime, white collar crime, and organized crime.
Corruption has been a feature of public institutions for centuries yet only relatively recently has it been made the subject of sustained scientific analysis. Lambsdorff shows how insights from institutional economics can be used to develop a better understanding of why corruption occurs and the best policies to combat it. He argues that rather than being deterred by penalties, corrupt actors are more influenced by other factors such as the opportunism of their criminal counterparts and the danger of acquiring an unreliable reputation. This suggests a novel strategy for fighting corruption similar to the invisible hand that governs competitive markets. This strategy - the 'invisible foot' - shows that the unreliability of corrupt counterparts induces honesty and good governance even in the absence of good intentions. Combining theoretical research with state-of-the-art empirical investigations, this book will be an invaluable resource for researchers and policy-makers concerned with anti-corruption reform.
Financial market reform has focused chiefly on the threats to stability arising from the risky, uncontrolled activity of the leaders of financial institutions. Nevertheless, organized crime, white-collar crime, and corruption have a huge impact on financial systems worldwide and must also be confronted if true reform is to be achieved. A collection of articles written by experts in their fields of study, Financial Crimes: A Threat to Global Security spotlights the importance of addressing the problem of illegal financial activity as part of a greater comprehensive plan for reforming the financial sector. Drawn from the 23rd Annual Meeting of the Academic Council on the United Nations System (ACUNS) held in Vienna, the book explores the major themes discussed at this elite symposium. In the first section, the contributors examine changing concepts in security over the course of history and across nations. They discuss how an event in Austria led to the implementation of a new security philosophy that is now followed by the majority of the European Union. The book examines the diverse models of preventing security threats that have grown from that idea as well as the gradual expansion of the role of the security council of the United Nations. The next section analyzes the present state of security worldwide and examines the wide array of criminal activity that plagues the financial sector. Expert contributors reveal methods to identify certain types of behavior and criminals as well as efforts to combat illegal activity—including the role of the media. The final section investigates alternative approaches to preventing another worldwide financial disaster through investigative reporting, human factors analysis, legislative initiatives, and other methods. Filled with insight from international experts, the book highlights both the warning signs to illegal activity as well as the most effective methods for combating the invidious corruption that, if unchecked, puts all nations at risk. Maximilian Edelbacher will be appearing at three upcoming events: June 28, 2012: Roundtable in the House of the European Union in Vienna on the topic "Financial Crimes: A Threat to European Security?" October 8, 2012: Roundtable in Joannneum, Austria on the topic "Financial Crimes: A Threat to Global Security" October 9, 2012: Book presentation at the Hans Gross Museum in Graz, Austria
In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual’s right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.
What are the cost savings from preventing a typical burglary, robbery, assault, or even a criminal career? Who benefits from these savings? How often do the benefits from preventing crime or criminal behavior exceed the resources spent on preventing or controlling crime? Is it more cost-effective to invest in early childhood programs or juvenile boot camps to reduce criminal offending? These are some of the important questions that face policymakers in crime and justice today. Answering them is no easy task. Nevertheless, it is important to provide answers in order to ensure that the dollars devoted to crime reduction are spent as efficiently as possible. The principle aim of Costs and Benefits of Preventing Crime is to report on and assess the present state of knowledge on the monetary costs and benefits of crime prevention programs. Remarkably, this crucial topic has rarely been studied up to the present time. This book examines key methodological issues, reports on the most up-to-date research findings, discusses international policy perspectives, and presents an agenda for future research and policy development on the economic analysis of crime prevention. Throughout, it addresses the important question of how governments should be allocating scarce resources to make crime prevention policy and practice more effective and to produce the greatest economic benefits to society. The book brings together research and perspectives from across North America, Europe, and Australia.
Fraud costs the United Kingdom a reported L198 billion per year and the Crime Survey for England and Wales (March 2016) estimates that there are over 5 million incidents of fraud and 2 million cyber-related crimes committed annually. Preventing and investigating fraud has become a priority for police officers and establishing successful, effective strategies to tackle this new volume crime represents a significant and persistent challenge for the police service. Investigation of Fraud and Economic Crime is written by experts from, and affiliated to, the City of London Police, the lead force for fraud in the UK and home to Action Fraud and the National Fraud Intelligence Bureau (NFIB). It offers practical, straightforward advice to law enforcement agencies dealing with fraud and economic crimes. The book identifies more than fiftty different types of fraud and sets out the different strategic and tactical considerations in preventing, investigating, and disrupting each one. At the centre of the book is the Fraud Investigation Model (FIM), an effective framework encompassing multiagency working, recovery of evidence and victim management, as well as a range of useful features designed to demystify fraud terminology and provide accessible operational guidance. These include key point boxes, highlighting important learning points and investigation best practice; definition boxes, to cut through legal terminology and connect the law to everyday police work; and flow charts, which tackle complex operational and legal procedures and break them down into simple, easy to follow steps.
The OECD Anti-Bribery Convention focuses on enforcement through the criminalisation of foreign bribery but it is multidisciplinary and includes key requirements to combat money laundering, accounting fraud, and tax evasion connected to foreign bribery. The first step, however, in enforcing foreign bribery and related offences is effective detection. This study looks at the primary sources of detection for the foreign bribery offence and the role that certain public agencies and private sector actors can play in uncovering this crime. It examines the practices developed in different sectors and countries which have led to the successful detection of foreign bribery with a view to sharing good practices and improving countries’ capacity to detect and ultimately step-up efforts against transnational bribery. The study covers a wide range of potential sources for detecting foreign bribery: self-reporting; whistleblowers and whistleblower protection; confidential informants and cooperating witnesses; media and investigative journalism; tax authorities; financial intelligence units; other government agencies; criminal and other legal proceedings; international co-operation and professional advisers.
A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbook addresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy. The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, The enterprise of crime, business crime, the financial sector at risk, fraud, corruption, The proceeds of financial and economic crime, and enforcement and control. Academics interested in criminology, law, as well as business and legal studies students will find this book to be an invaluable resource. Practitioners, including lawyers, compliance and risk managements, law enforcement officers, and policy makers will also find the points raised to be of use.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Combating Fiscal Fraud and Empowering Regulators analyzes the impact of new international tax regulations on the scope and scale of tax evasion, tax avoidance, and money laundering. These are analyzed through an ecosystem framework in which, similar to a natural ecosystem, new tax regulations appear as heavy shocks to the tax ecosystem, to which the 'species' such as countries, corporations, and tax experts will react by looking for new loopholes and niches of survival. By analyzing the impact of tax reforms from different perspectives--a legal, political science, accounting, and economic one--one may derive an assessment of the reforms and policy recommendations for an improved international tax system. The ultimate goal is to combat fiscal fraud and empower regulators, in that line, this volume is intended for a broad audience that seeks to know more about the latest state of the art in the realm of taxation from a multidisciplinary perspective. The money involved amounts to billions in unpaid taxes that could be better used for stopping hunger, guaranteeing education, and safeguarding biodiversity, hence making this world a better one. Regulators can see this book as a guiding light of what has happened in the past forty years, and how the world has and will continue to change as a result of it. Combating Fiscal Fraud and Empowering Regulators is also a warning about new emerging tax loopholes, such as freeports or golden passports and visas, where residency can be bought in tax havens, even within the European Union. The main message is that inequality can and has to be reduced substantially and that this can be achieved through a well-working international tax system that eliminates secrecy, opaqueness, and tax havens.
Organised crime, corruption, and terrorism are considered to pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent 'dirty money' from infiltrating the legitimate economy, proceeds of crime powers to target the accumulated assets derived from crime, and counter-terrorist financing measures to prevent 'clean' money from being used for terrorist purposes. This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity and on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political, and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics, and other disciplines. It adopts a much-needed international approach, focusing not only on expected jurisdictions, such as the United States and United Kingdom, but also on analysis from countries such as Qatar, Kuwait, Iran, and Nigeria. The authors stand out for their fresh and original research, which places them at the cutting edge of the subject. This book provides a comprehensive, insightful, and original study of an important and developing field for academics, students, practitioners, and policymakers in multiple jurisdictions.
