Talks about extra measures that could be introduced to combat organised crime. This paper suggests measures that include: increasing the amount of data that can be shared both between public and private organisations; reviewing the law, in relation to conspiracy, encouraging, and assisting crime; improving the ability to recover assets; and more.
This is a consultation paper about extra measures that could be introduced to combat organised crime. The measures would include: increasing the amount and type of data that can be shared both between public bodies and between public and private organisations; reviewing the law, especially in relation to conspiracy and encouraging and assisting crime; improving the ability to recover assets; introducing new types of civil orders that can be used against individuals or organisations. The consultation period on this document ends on October 17th 2006.
Analyzing the structures of transnational organized crime, this book considers whether traditional mechanisms and national jurisdictions can tackle this increasing menace. Highlighting the strengths and weaknesses in the present methods of control, the book discusses the possibilities of developing more effective national and international strategies, the creation of non-legal mechanisms outside the traditional criminal justice system and the implications of 'disruption strategies'. The roles of law enforcement officers, tax investigators, financial intelligence officers, compliance officers, lawyers and accountants - in enforcing both civil and criminal sanctions on organized crime - are also considered.
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.
The UK Anti-Bribery Handbook, Second Edition (formerly Bribery: A Compliance Handbook) is a guide to the Bribery Act 2010 and related cases, and acts as a reference point for those concerned with the risks arising from corrupt activities. Covering each of the principle offences, it enables the reader to implement adequate procedures to prevent bribes being paid. It contains practical guidance for those who are either conducting or facing investigations, and for those who may become the subject of a prosecution. The Second Edition includes: A revised internal investigations chapter co-authored by Sam Tate and Stephen Storey, Group Head of Ethics & Integrity at Compass Plc A new chapter by the former global head of anti-corruption at HSBC, Susan Scott, on corruption risk in regulated entities An updated chapter on Adequate Procedures setting out the latest compliance trends and expectations The UK Anti-Bribery Handbook provides checklists, case studies and relevant forms. It helps the reader to understand the key requirements of an internal investigation, to make practical updates to a corporate compliance program, and to review policies and procedures including those relating to gifts and entertainment. This is essential reading for in-house lawyers, compliance professionals and Board members who, post-Bribery Act, are ever more likely to be engaged with difficult practical issues and choices. Sir Keir Starmer, in the Foreword to the 1st edition, highlighted that: 'One of the great strengths of this book is the way the authors blend good practical legal advice, genuine insight about the attitude and approach to the authorities in the UK, and off-the-shelf polices to help corporate bodies navigate their way through theses often difficult waters...The game has changed and those who ignore the practical advice offered in this book do so at their own peril'.
This White Paper looks at how the effort against organised crime can be enhanced. It builds on a review, which looked at organisational structures, strategies, skills, capabilities and the case for new powers. The key organisational change is the proposal for a new organised crime agency, which will bring together the work of the National Criminal Intelligence Service, the National Crime Squad, and the investigative work of HM Customs and Excise. Proposed new powers include: the extension of Serious Fraud Office type powers; a review of the law on conspiracy; a review of the case for a national witness protection scheme; a closer control of criminals' finances after release from prison; provisions to encourage defendants to plead guilty and testify against co-defendants.
This report examines the possible reform of the current law relating to criminal liability for encouraging or assisting another person to commit an offence. There are currently three inchoate offences in common law which seek to punish conduct which enhances the prospect of actual harm occuring (relating to: attempt, conspiracy and incitement) but no inchoate offence to cover assisting a person to commit an offence if subsequently the offence is not committed or attempted. The Commission's report recommends the creation of two new statutory offences which relate to encouragement or assistance in the commission of an offence by either intending to encourage or assist its commission or believing that it will be committed. The report also sets out a number of recommended defences to the proposed offences. A second report focusing on the law of secondary liability will be published subsequently following consultation with legal experts.
This handbook explores organized crime, which it divides into two main concepts and types: the first is a set of stable organizations illegal per se or whose members systematically engage in crime, and the second is a set of serious criminal activities that are typically carried out for monetary gain.
What should we make of the outsized role organized crime plays in conflict and crisis, from drug wars in Mexico to human smuggling in North Africa, from the struggle in Crimea to scandals in Kabul? How can we deal with the convergence of politics and crime in so-called 'mafia states' such as Guinea-Bissau, North Korea or, as some argue, Russia? Drawing on unpublished government documents and mafia memoirs, James Cockayne discovers the strategic logic of organized crime, hidden in a century of forgotten political--criminal collaboration in New York, Sicily and the Caribbean. He reveals states and mafias competing - and collaborating -- in a competition for governmental power. He discovers mafias influencing elections, changing constitutions, organizing domestic insurgencies and transnational terrorism, negotiating peace deals, and forming governmental joint ventures with ruling groups. And he sees mafias working with the US government to spy on American citizens, catch Nazis, try to assassinate Fidel Castro, invade and govern Sicily, and playing unappreciated roles in the Bay of Pigs fiasco and the Cuban Missile Crisis.
