{"title":"The Tenuous Relationship Between the Fight Against Money Laundering and the Disruption of Criminal Finance","authors":"Mariano-Florentino Cuéllar","doi":"10.2139/SSRN.354740","DOIUrl":"https://doi.org/10.2139/SSRN.354740","url":null,"abstract":"The realities associated with criminal enforcement depend only in part on the content and interpretation of criminal statutes. Instead such enforcement –– and ultimately, criminal justice –– is also powerfully shaped by regulatory rules, civil penalties, and the detection strategies that investigators and prosecutors use to learn about offenses. Together these components can interact to produce a distribution of punishments starkly disconnected from the justifications given for the enactment of criminal statutes. This article examines the fight against money laundering as a case study illustrating this dynamic. To launder money is to hide its illegal origin. The fight against money laundering is supposed to disrupt laundering in its various forms –– especially what is done by third party launderers and leaders of criminal organizations. In the process, the fight is supposed to interfere with the activities of people who finance and profit from crime. Yet this fight delivers less than what it promises. Like many other enforcement systems, the fight against money laundering involves three major components: statutes with criminal penalties charged by prosecutors, rules administered by regulators, and detection systems primarily run by investigators. A close analysis of its three components reveals the fight to have quite a limited scope, involving (1) the disproportionate imposition of severe penalties on predicate offenders who are easily detected; (2) lax and narrowly-focused regulatory authority; (3) limited capacity to detect a range of chargeable domestic and international offenses; and (4) global diffusion of a fight against money laundering that leaves implementing authorities plenty of room for discretion and lax enforcement. These limitations probably arise not because of blindness or bad intentions, but because the major players involved in running and funding the system –– including legislators, prosecutors, investigators, and regulators –– face a tangle of incentives that enable dilutions in the intensity and scope of enforcement against some targets and cut in favor of accepting de facto enhancements in the sanctions faced by other targets. While there is some evidence that suspicious activity reporting may help identify the placement of illicit drug proceeds in banks, the system as a whole seems ill-suited to detecting and disrupting the larger universe of criminal financial activity that is so often vilified by the rhetoric justifying the fight against money laundering. All of this makes it hard to detect and target systems of terrorist financing, for example, using the anti-laundering system –– even as it remains easy to freeze assets allegedly linked to terrorism. Some changes in the system, such as enhancing audit trails and strengthening suspicious activity analysis, could be defended in the name of making the system work, though pressures affecting implementation would make their ultimate consequences hard to predict. In the mean","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122872723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Effect of Education on Crime: Evidence from Prison Inmates, Arrests, and Self-Reports","authors":"L. Lochner, E. Moretti","doi":"10.1257/000282804322970751","DOIUrl":"https://doi.org/10.1257/000282804322970751","url":null,"abstract":"We estimate the effect of high school graduation on participation in criminal activity accounting for endogeneity of schooling. We begin by analyzing the effect of high school graduation on incarceration using Census data. Instrumental variable estimates using changes in state compulsory attendance laws as an instrument for high school graduation uncover a significant reduction in incarceration for both blacks and whites. When estimating the impact of high school graduation only, OLS and IV estimators estimate different weighted sums of the impact of each schooling progression on the probability of incarceration. We clarify the relationship between OLS and IV estimates and show that the 'weights' placed on the impact of each schooling progression can explain differences in the estimates. Overall, the estimates suggest that completing high school reduces the probability of incarceration by about .76 percentage points for whites and 3.4 percentage points for blacks. We corroborate these findings using FBI data on arrests that distinguish among different types of crimes. The biggest impacts of graduation are associated with murder, assault, and motor vehicle theft. We also examine the effect of drop out on self-reported crime in the NLSY and find that our estimates for imprisonment and arrest are caused by changes in criminal behavior and not educational differences in the probability of arrest or incarceration conditional on crime. We estimate that the externality of education is about 14-26% of the private return to schooling, suggesting that a significant part of the social return to education comes in the form of externalities from crime reduction.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2001-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127441997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Grants-R-Us: Inside a Federal Grant-Making Research Agency","authors":"Jeffrey Ian Ross","doi":"10.2139/SSRN.2427386","DOIUrl":"https://doi.org/10.2139/SSRN.2427386","url":null,"abstract":"In this article, the author reviews the process by which the National Institute of Justice, the largest funder of criminological and criminal justice research in the United States, operates in the adjudication, dissemination, and monitoring of research grants. I also analyze the functions of social science analysts/grant managers and the role of potential and actual grantees. By funding the bulk of research on criminal justice, the institute plays a key role in linking research to current policy issues and in shaping the direction that the field takes. This analysis is based on my experience working in the agency for the Office of Research and Evaluation, as well as a review of relevant academic research.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132404100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Information Exchange between Smugglers and Migrants: An Analysis of Online Interactions in Facebook Groups","authors":"Zoe Roberts","doi":"10.2139/SSRN.3051186","DOIUrl":"https://doi.org/10.2139/SSRN.3051186","url":null,"abstract":"Human smuggling is an imperfect and inconsistent service due to its illicit nature, which means that problems can arise for all those involved; for smugglers the problem is how to cultivate and communicate their reputation as a bona fide smuggler, and for migrants it is just difficult to know whom to trust. The following study is an exploration of how Arabic-speaking smugglers and migrants interact with each other using the medium of Facebook. Taking a transactional approach as the theoretical framework, this study analyses the concerns raised in this online discourse, the information shared, and the ways in which both sides deal with the challenges they face. The diverse content across the 10 Facebook groups in the sample indicate firstly that smugglers who are concerned about their reputation of trustworthiness use the technological facilities of Facebook to help signal this to prospective clients, such as images, screenshots, and videos. Also posting in these groups, migrants pose many kinds of questions to the online community as a way of informing themselves. Other input from migrants is to give feedback on smugglers, which is positive or negative depending on their experience, as part of a mechanism driven by information sharers. The content of these groups further indicates that the smuggling market, at least online, is competitive and there are cases of specialisation in terms of the services provided.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123707408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Economic Peace-Building to Support Israeli-Palestinian Disengagement: A Discussion Paper","authors":"D. Last","doi":"10.2139/ssrn.2459767","DOIUrl":"https://doi.org/10.2139/ssrn.2459767","url":null,"abstract":"This paper builds on discussions of the proposal for a Monitoring Apparatus for Regional Stability (MARS) and recommendations for separate security and nation-building missions that meet both Israeli and Palestinian objectives. Economic development is not just a parallel track that must be addressed along with security concerns. The formal, informal, and illegal economies directly shape the resources available to support both violent resistance and legitimate governance. The central problem for third party intervention is to cultivate the right incentive structures to put the extremists out of business and bring the next generation into both the legitimate economy and support for legitimate government. Only a legitimate government with a reliable tax base can expect to monopolize force, but the effect of Israeli security actions the corruption Palestinian authorities over more than two decades has been to undermine both security and governance and force more and more economic activity into the informal and illegal sectors where it supports extremists. Defeating corruption and organized crime as part of the development process will enhance prospects for mutual security.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130790372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Theorising the Fear of Crime: The Cultural and Social Significance of Insecurities about Crime","authors":"S. Farrall, Emily Gray, J. Jackson","doi":"10.2139/ssrn.1012393","DOIUrl":"https://doi.org/10.2139/ssrn.1012393","url":null,"abstract":"This paper outlines the theoretical positions adopted to explain the fear of crime. We start by outlining the broad theoretical approaches taken to account for levels of fear of crime since the 1960s. We structure our review into five sections: The victimisation thesis; Imagined victimisation and the psychology of risk; Disorder, cohesion and collective efficacy - environmental perception; Structural change and macro-level influences on fear; and, Connecting anxieties about crime to other types of anxiety. We then, in preparation for the next two Working Papers, outline the framework that we pursue in the rest of this project - a framework that draws upon a range of insights generated by both quantitative and qualitative research in this area.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127828089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Experience and Expression: Conversations about Crime, Place and Community","authors":"Emily Gray, S. Farrall, J. Jackson","doi":"10.2139/SSRN.1012396","DOIUrl":"https://doi.org/10.2139/SSRN.1012396","url":null,"abstract":"This Working Paper continues our investigation of the fear of crime. Initial findings of our quantitative study were presented in Working Papers 1, 3 and 4. Working Paper 2 explored the origins of the fear of crime; Working Paper 5 reviewed the literature. This Working Paper begins our in-depth exploration of our theoretical model using qualitative data. This contribution uses in-depth qualitative interviews to explore the emotional reactions, cognitions and connections people make when talking about crime, their environment and community. This study attempts to detail what fear of crime actually means to people in the context of their everyday lives, their community and their locale. Exploring and presenting participants' in-depth discussion provides a 'thick' layer of analysis and uncovers further unexpected avenues for consideration. Through a combination of quantitative and qualitative methods, this study not only attends to the kind of interpretative analysis of how people respond and relate to crime, but seeks to contribute to the wider intellectual terrain.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115104545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Detailed Analysis of Childhood Victimization Using National Registers: Forms and Sequencing of Violence and Domestic Abuse","authors":"Cédric Gorinas","doi":"10.2139/ssrn.3153362","DOIUrl":"https://doi.org/10.2139/ssrn.3153362","url":null,"abstract":"Using highly detailed longitudinal data from Danish registers, this study overcomes limitations inherent in victimization surveys and compares the role of individual and family characteristics for five forms of childhood violence, including sexual assaults and threats. The study also examines repeated and poly-victimization and the factors underlying abuse by different types of domestic perpetrators. This study finds that children aged 0 to 12 are the most exposed to sexual abuse, aggravated violence, and domestic abuse; that 30% of young victims of sex and threats will be victimized again; and that the economic and physical vulnerability of the mother in particular is a strong risk factor for early abuse. This study shows the importance of national registers in uncovering under-researched areas of childhood victimization and identifying the most vulnerable groups.","PeriodicalId":350529,"journal":{"name":"Criminology eJournal","volume":"1699 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129392743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}