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Combating Economic Crimes

Combating Economic Crimes
Author: Ndiva Kofele-Kale
Publisher: Routledge
Total Pages: 260
Release: 2013-03-01
Genre: Law
ISBN: 1136594426

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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.


Economic and Financial Crime

Economic and Financial Crime
Author: Monica Violeta Achim
Publisher: Springer Nature
Total Pages: 286
Release: 2020-08-29
Genre: Social Science
ISBN: 3030517802

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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.


Economic Crimes

Economic Crimes
Author: Leigh Edward Somers
Publisher: Clark Boardman Callaghan
Total Pages: 260
Release: 1984
Genre: Law
ISBN:

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This handbook covers economic crime investigations, with practical analysis of economic crimes against business, investors, consumers and those affecting public health and safety. Included are discussions of fraud, embezzlement, business scams, and computer crimes, plus appendices highlighting the practical aspects in the investigation of economic crimes.


Financial Technology and the Law

Financial Technology and the Law
Author: Doron Goldbarsht
Publisher: Springer Nature
Total Pages: 316
Release: 2022-02-04
Genre: Law
ISBN: 3030880362

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Blockchains and cryptocurrencies, open banking, virtual assets, and artificial intelligence have become the buzzword of this decade. This book focuses on these ‘disruptive’ financial technologies that provide alternatives to the traditional financial services typically offered by regulated financial institutions. Financial technologies are characterized by the innovative ways in which they initiate, support or extend traditional financial services or offer alternative financial pathways and products. However, these financial technologies also pose money laundering and terrorist and proliferation financing as well as cyber security risks that require mitigation. This edited volume addresses a range of regulatory and enforcement challenges related to financial technology and financial crime. The book responds to the United Nations’ Sustainable Development Goals, in particular in relation to economic development, employment, national security, law enforcement and social well-being. Fostering responsible financial innovation promotes long-term economic growth, inclusion, and improved living standards. This book explores how to promote financial innovation while mitigating risks in a way that ensures financial prosperity and social inclusion.


Countering Economic Crime

Countering Economic Crime
Author: Axel Palmer
Publisher: Routledge
Total Pages: 177
Release: 2017-09-22
Genre: Business & Economics
ISBN: 1351852183

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Economic crime is a significant feature of the UK’s economic landscape and yet despite the government’s bold mission statements ‘to hold those suspected of financial wrongdoing to account’ as part of their ‘day of reckoning’ and ‘serious about white-collar crime’ agenda, there is a sense that this is still not being done effectively. This book examines the history of the creation of the UK’s anti-economic crime institutions and accompanying legislation, providing a critique of their effectiveness. The book analyses whether the recent regulatory regime is fit for purpose as well as being appropriate for the future. In order to explore how the UK’s economic crime strategies could be improved the book takes a comparative approach analysing policy and legislative responses to economic crime in the United States and Australia in order to determine whether the UK could or should import similar structures or laws to improve the enforcement of UK economic crime.


Research Handbook on International Financial Crime

Research Handbook on International Financial Crime
Author: Barry Rider
Publisher: Edward Elgar Publishing
Total Pages: 851
Release: 2015-11-27
Genre: Law
ISBN: 178347579X

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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.


Financial Crimes

Financial Crimes
Author: Maximillian Edelbacher
Publisher: CRC Press
Total Pages: 451
Release: 2012-06-04
Genre: Business & Economics
ISBN: 1439869227

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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


The Institutional Economics of Corruption and Reform

The Institutional Economics of Corruption and Reform
Author: Johann Graf Lambsdorff
Publisher: Cambridge University Press
Total Pages: 20
Release: 2007-03-08
Genre: Business & Economics
ISBN: 1139464760

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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.


Fighting Financial Crime in the Global Economic Crisis

Fighting Financial Crime in the Global Economic Crisis
Author: Nicholas Ryder
Publisher: Routledge
Total Pages: 247
Release: 2014-10-30
Genre: Law
ISBN: 1317964373

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Many commentators, regulatory agencies and politicians have blamed the risky behaviour of both financial institutions and their actors for the collapse of the United States sub-prime mortgage market which in turn precipitated the global 'Credit Crunch'. This edited volume explores how financial crime played a significant role in the global economic crisis. The volume features contributions from internationally renowned academic and practitioner experts in the field who pinpoint some of the most important facets of financial crime which have emerged over recent years. Key subjects include: the possibility of criminalising reckless risk-taking on the financial markets; the duty of banks to prevent money-laundering and corruption; the growth of the Shadow Banking System; and the manipulation of LIBOR by banks. The book illustrates the global nature of financial crime, and highlights the complex relationships between regulatory bodies, law enforcement agencies and private actors in the attempt to limit the harmful effect of white collar crime on the stability of the financial sector. This book will be of great use and interest to scholars, practitioners and students within the field of financial crime, banking and finance law, and international political economy.