Journal of Economic Criminology最新文献_第8页

A multi-jurisdictional perspective: To what extent can cryptocurrency be regulated? And if so, who should regulate cryptocurrency? 多司法管辖区视角：加密货币能在多大程度上受到监管？如果可以，谁应该监管加密货币？

Journal of Economic Criminology Pub Date : 2024-07-18 DOI: 10.1016/j.jeconc.2024.100086

Thomas Burgess

{"title":"A multi-jurisdictional perspective: To what extent can cryptocurrency be regulated? And if so, who should regulate cryptocurrency?","authors":"Thomas Burgess","doi":"10.1016/j.jeconc.2024.100086","DOIUrl":"10.1016/j.jeconc.2024.100086","url":null,"abstract":"<div><p>This article addresses the need for effective cryptocurrency regulation considering its volatile nature, recent investment surges, and subsequent financial crashes. It explores various approaches to cryptocurrency regulation, examining different jurisdictions’ approaches towards cryptocurrency’s classification as a security, commodity, or property. For countries to efficiently regulate the global threat that cryptocurrency has the potential to be, regulatory methods that are currently being used on a domestic scale need to be addressed and evaluated for international effectiveness. The article begins by defining cryptocurrency and reviewing the recent events that have intensified the regulatory race, such as crypto crazes and crypto crashes. It analyses different regulatory approaches, highlighting which countries view cryptocurrency as a security, commodity, or property, and examines the necessity for international harmonisation. It then examines the introduction of Central Bank Digital Currencies, evaluating it as the potential step forward and identifying the impact it could have.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100086"},"PeriodicalIF":0.0,"publicationDate":"2024-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000381/pdfft?md5=7f994e99eaf1c82d759db3d0ab6cdfec&pid=1-s2.0-S2949791424000381-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141843733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Convenience propositions for white-collar offenders: Perceptions of seriousness in Romania 白领罪犯的便利主张：罗马尼亚对严重性的看法

Journal of Economic Criminology Pub Date : 2024-07-14 DOI: 10.1016/j.jeconc.2024.100083

Andreea-Luciana Urzicã , Petter Gottschalk

引用次数: 0

Economic crime in the courtroom: A case study of defense lawyers’ arguments against prosecution evidence 法庭上的经济犯罪：辩护律师反对检方证据的案例研究

Journal of Economic Criminology Pub Date : 2024-07-11 DOI: 10.1016/j.jeconc.2024.100085

Petter Gottschalk

{"title":"Economic crime in the courtroom: A case study of defense lawyers’ arguments against prosecution evidence","authors":"Petter Gottschalk","doi":"10.1016/j.jeconc.2024.100085","DOIUrl":"https://doi.org/10.1016/j.jeconc.2024.100085","url":null,"abstract":"<div><p>A defendant in criminal court should only be convicted if guilt is proven by the prosecution beyond any reasonable doubt. That is the burden of proof. Any doubt emerging should benefit the defendant. In this perspective, evidence from police investigations is challenged by defense lawyers to create sufficient doubt so that the defendant can be acquitted. In the current case study regarding prosecution of the former president at the International Biathlon Union, this article reviews defense lawyers’ attempts to create sufficient doubt regarding corruption to cause acquittal of the defendant. Evidence from police investigation in Austria and Norway ended up in competing narratives of the prosecution and the defense with the metaphor of the courtroom as a theater scene. In a policing and criminology perspective, this research is important as it documents the space of knowledge rivalry between prosecution and defense depending on the extent of convincing power found in the evidence that is resulting from police investigations.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100085"},"PeriodicalIF":0.0,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S294979142400037X/pdfft?md5=27fb470b01dc9675f25323a85fd74a9d&pid=1-s2.0-S294979142400037X-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141606973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Scripting mortgage fraud for the motion picture: “Fraud and its interrelationship with the financial services sector in the UK” 为电影编写抵押贷款欺诈剧本："欺诈及其与英国金融服务部门的相互关系"。

Journal of Economic Criminology Pub Date : 2024-07-09 DOI: 10.1016/j.jeconc.2024.100084

Jonathan Gilbert

{"title":"Scripting mortgage fraud for the motion picture: “Fraud and its interrelationship with the financial services sector in the UK”","authors":"Jonathan Gilbert","doi":"10.1016/j.jeconc.2024.100084","DOIUrl":"10.1016/j.jeconc.2024.100084","url":null,"abstract":"<div><p>This article examines how mortgage fraud is organised in the United Kingdom, what the crime-commissioning processes are for its occurrence and what exogenous conditions and influences support its existence and its capacity to reproduce. The article aims to extend understanding beyond the micro-individual-level, such as causal agency, the biographies of actors and their social relations with one another; to a level of understanding that encompasses macro-structural and facilitative factors and conditions that exist in the financial services sector. The research strategy is supported by a multiple case study design, which involves the cross-case analysis of three multi-million-pound mortgage fraud conspiracies. The study combines criminology with sociological inquiry that employs Clegg’s circuits of power theory as a conceptual framework to examine how the roles and activities of fraudsters and key professional agents are otherwise supported by the convergence of dispositional and facilitative conditions and influences in the financial services sector. It is this <em>circuit</em> that supports the existence of mortgage fraud and its capacity to reproduce. Crime scripting is used as a means of transposing the circuits of power framework into criminological research, as the schema is representative of the interrelationship of the causal, dispositional and facilitative powers through which the organisation of mortgage fraud is possible.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100084"},"PeriodicalIF":0.0,"publicationDate":"2024-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000368/pdfft?md5=37242f8e76d4ed0f344fbc0048ad6919&pid=1-s2.0-S2949791424000368-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141704605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“Pecunia Olet” (Sometimes): A comparative analysis of Italian and UK legislations on combating the infiltration of organised crime into the economy "Pecunia Olet"（有时）：意大利和英国关于打击有组织犯罪向经济领域渗透的立法比较分析

Journal of Economic Criminology Pub Date : 2024-07-04 DOI: 10.1016/j.jeconc.2024.100079

Federico Carmelo La Vattiata

{"title":"“Pecunia Olet” (Sometimes): A comparative analysis of Italian and UK legislations on combating the infiltration of organised crime into the economy","authors":"Federico Carmelo La Vattiata","doi":"10.1016/j.jeconc.2024.100079","DOIUrl":"https://doi.org/10.1016/j.jeconc.2024.100079","url":null,"abstract":"<div><p>This article conducts a comparative analysis of Italian and UK legislations concerning the infiltration of organised crime into the economy. Considering (among other things) the concerns about allegedly weakened cooperation between judicial authorities of Italy and the UK in a post-Brexit era, the study evaluates the alignment of legal frameworks of the compared systems in combating the integration of organised crime and economic crime. The analysis is conducted on four levels: direct criminalisation of organised crime, the use of (also) anti-terrorism legislation to tackle organised crime, measures against wealth accumulation through crime, and provisions for corporate liability. By comparing the legal systems of Italy and the UK, which represent civil and common law traditions respectively, this study aims to identify convergences and divergences in legal approaches. The findings could inform strategies for enhancing mutual trust and fostering more effective international cooperation in combating the infiltration of organised crime into legitimate businesses, particularly in the post-Brexit context.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100079"},"PeriodicalIF":0.0,"publicationDate":"2024-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000319/pdfft?md5=35655bf522e1f3bc4c217613b0ff14d8&pid=1-s2.0-S2949791424000319-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141596519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The tale of the Baltics: Experiences, challenges, and lessons from reforming their national Financial Intelligence Units (FIUs) 波罗的海的故事：波罗的海国家金融情报机构（FIUs）改革的经验、挑战和教训

Journal of Economic Criminology Pub Date : 2024-06-30 DOI: 10.1016/j.jeconc.2024.100080

Katarzyna J. McNaughton

{"title":"The tale of the Baltics: Experiences, challenges, and lessons from reforming their national Financial Intelligence Units (FIUs)","authors":"Katarzyna J. McNaughton","doi":"10.1016/j.jeconc.2024.100080","DOIUrl":"https://doi.org/10.1016/j.jeconc.2024.100080","url":null,"abstract":"<div><p>The banking sector of three Baltic countries, i.e., Lithuania, Latvia and Estonia, was abused by money laundering scandals between 2018 and 2020. The Danske Bank scandal was the largest one and, combined with the other scandals, inevitably triggered a heavy critique of national anti-money laundering (AML) frameworks that govern the supervision of banking sectors. At the European Union (EU) level, weak mechanisms to ensure the EU-wide supervisory consistency, were also identified. As a result of detected flaws, a new body called The Anti-Money Laundering Authority (AMLA) will be established in the EU as of 2027.</p><p>This context provides an opportunity to scrutinize the rationale behind AMLA’s establishment, by examining the role that the Baltic countries’ Financial Intelligence Units (FIUs) fulfill in financial surveillance, and the scope of AML reforms that took place in the aftermath of those banking scandals. Could those scandals have been prevented by national FIUs and their supervisory bodies? Whether one Baltic model of FIU exists or rather three different national models are visible? Can AMLA fulfill its mandate without relying on the work carried out by national FIUs and supervisory bodies?</p><p>Based on extensive interviews with the representatives of the three Baltic FIUs, their supervisory authorities, and content analysis of publicly available sources, this paper offers a unique insight into idiosyncratic characteristics of the Lithuanian, Latvian and Estonian FIUs <em>modus operandi.</em> The findings are that each Baltic FIU was confronted with its own set of problems affecting the fulfillment of these agencies’ statutory duties. However, significant “grass-root” reforms of the AML national frameworks in each Baltic country have already been undertaken.<span><sup>1</sup></span></p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100080"},"PeriodicalIF":0.0,"publicationDate":"2024-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000320/pdfft?md5=cb1c22dfbea639c01de1aa94f4516f1e&pid=1-s2.0-S2949791424000320-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141540679","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Are beneficial ownership laws important? Exploring the impact of Panama, FinCEN, and Pandora Papers on beneficial ownership laws in the UK and the US 实益拥有权法律重要吗？探讨巴拿马、FinCEN 和潘多拉文件对英国和美国实益拥有权法律的影响

Journal of Economic Criminology Pub Date : 2024-06-29 DOI: 10.1016/j.jeconc.2024.100082

Marina Aristodemou

{"title":"Are beneficial ownership laws important? Exploring the impact of Panama, FinCEN, and Pandora Papers on beneficial ownership laws in the UK and the US","authors":"Marina Aristodemou","doi":"10.1016/j.jeconc.2024.100082","DOIUrl":"https://doi.org/10.1016/j.jeconc.2024.100082","url":null,"abstract":"<div><p>Money laundering and reverse money laundering, also known as terrorism financing, have emerged as critical issues in the 21st century, posing threats to security, economic stability, and the integrity of financial systems. This article explores the growing use of anonymous shell companies as a method for executing money laundering and reverse money laundering. It focuses on two key jurisdictions: the United Kingdom (UK) and the United States of America (US).</p><p>The research draws on case studies published by the International Consortium of Investigative Journalists, including the Panama Papers, FinCEN Files, and Pandora Papers. These case studies have prompted regulatory changes in beneficial ownership This study examines the practical implementation of laws, comparing the approaches of the UK and the US. It addresses the vulnerabilities revealed by the aforementioned case studies and assesses the actions taken by these countries in response to the leaks. The study evaluates the progress achieved in enhancing beneficial ownership regulations and reducing anonymity in shell company creation.</p><p>In conclusion, this article provides insights and recommendations for future developments in this critical area.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100082"},"PeriodicalIF":0.0,"publicationDate":"2024-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000344/pdfft?md5=8f7decb209f6b11c73916acd943f1627&pid=1-s2.0-S2949791424000344-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141540680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Re-examining the curse of natural resources in SSA: New evidence from disaggregated natural resources and types of corruption 重新审视撒南非洲自然资源的诅咒：自然资源和腐败类型分类的新证据

Journal of Economic Criminology Pub Date : 2024-06-27 DOI: 10.1016/j.jeconc.2024.100072

Itchoko Motande Mwa Ndjokou Mondjeli , Pierre Christian Tsopmo , Martin Messy Ambassa

{"title":"Re-examining the curse of natural resources in SSA: New evidence from disaggregated natural resources and types of corruption","authors":"Itchoko Motande Mwa Ndjokou Mondjeli , Pierre Christian Tsopmo , Martin Messy Ambassa","doi":"10.1016/j.jeconc.2024.100072","DOIUrl":"https://doi.org/10.1016/j.jeconc.2024.100072","url":null,"abstract":"<div><p>Understanding how corruption affects the relationship between natural resources and growth has profound implications for sustainable development goals in Sub-Saharan Africa (SSA). This study investigates the nexus between natural resources, economic growth, and corruption in SSA from 1985 to 2022, by employing a Panel Smooth Transition Regression model. Results indicate that corruption distorts natural resources and lowers economic growth. The magnitude of the effect of corruption depends on the type of corruption. The impact of political corruption is more relevant than the others form of corruption. In a low corruption regime, mineral, oil, and forest resources do not affect growth; (b) in a high corruption regime, oil and forest resources hinder growth whereas mineral resources lead to higher economic growth. The analysis highlights the need for policy measures that encourage sustainable economic development and promoting reinforcement of institutional quality.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100072"},"PeriodicalIF":0.0,"publicationDate":"2024-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000241/pdfft?md5=430fbed6e4126467f9fd9785444dfbff&pid=1-s2.0-S2949791424000241-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141487279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fraud and corporate psychopaths: The proposition for reintroducing personality traits of the economic crime offender 欺诈与公司精神变态者：重新引入经济犯罪罪犯人格特质的主张

Journal of Economic Criminology Pub Date : 2024-06-22 DOI: 10.1016/j.jeconc.2024.100081

Clive R. Boddy , Christopher Freeman , Elina Karpacheva-Hock

{"title":"Fraud and corporate psychopaths: The proposition for reintroducing personality traits of the economic crime offender","authors":"Clive R. Boddy , Christopher Freeman , Elina Karpacheva-Hock","doi":"10.1016/j.jeconc.2024.100081","DOIUrl":"https://doi.org/10.1016/j.jeconc.2024.100081","url":null,"abstract":"<div><p>There is strong evidence that corporate psychopaths – ruthless people who willingly engage in fraud and even enjoy outwitting and stealing from others – are a dominant force at senior levels in financial organizations. While corporate psychopathy has obvious implications for fraud and causes significant societal harm (both financial and non-financial), its correlation with fraud has had minimal coverage in both the academic accountancy literature and counter-fraud literature. This paper fills this gap by discussing the presence of corporate psychopaths in organizations as a theoretical antecedent to fraud. The paper outlines what are the most common personality traits of corporate psychopaths and how they might be correlated with fraud. By introducing the concept of corporate psychopath into the counter-fraud discourse, this paper aims to enrich criminological perspectives on personality of economic crime offenders for effective prevention and policing. The paper notes the systemic influence that leaders with personality disorders, like psychopathy, may have on the ethical climate of an organization and concludes that further empirical research on the links between corporate psychopaths and fraud is needed. Eight specific research propositions are suggested.</p></div>","PeriodicalId":100775,"journal":{"name":"Journal of Economic Criminology","volume":"5 ","pages":"Article 100081"},"PeriodicalIF":0.0,"publicationDate":"2024-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S2949791424000332/pdfft?md5=5096f19dd567ed905729e65541c18140&pid=1-s2.0-S2949791424000332-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141487278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Erratum to “Understanding the rise of fraud in England and Wales through field theory: Blip or flip?” [J. Econ. Criminol. 1 (2023) 100012] 对 "通过实地理论了解英格兰和威尔士欺诈行为的增加：Blip or flip?" [J. Econ.[J. Econ. Criminol.

Journal of Economic Criminology Pub Date : 2024-06-19 DOI: 10.1016/j.jeconc.2024.100075

Mark Button, Branislav Hock, David Shepherd, Paul Gilmour

引用次数: 0