Journal of Money Laundering Control最新文献_第3页

Money laundering prevention: the challenge of insurance termination for outlaw biker gangs’ club houses 防止洗钱：非法摩托车帮会会所保险终止的挑战

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-04-03 DOI: 10.1108/jmlc-01-2024-0003

Petter Gottschalk

{"title":"Money laundering prevention: the challenge of insurance termination for outlaw biker gangs’ club houses","authors":"Petter Gottschalk","doi":"10.1108/jmlc-01-2024-0003","DOIUrl":"https://doi.org/10.1108/jmlc-01-2024-0003","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this paper is to discuss the legal barriers to termination of an insurance arrangement where there is suspicion of money laundering when paying insurance premiums.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>Trials in court between insurance firm and outlaw biker gangs regarding insurance of their clubhouses.</p>\u0000<h3>Findings</h3>\u0000<p>Protection of insured seems more important than prevention of money laundering.</p>\u0000<h3>Research limitations/implications</h3>\u0000<p>This is a case study that cannot be generalized.</p>\u0000<h3>Practical implications</h3>\u0000<p>Anti money laundering is difficult when competing with other considerations.</p>\u0000<h3>Social implications</h3>\u0000<p>Accusations of money laundering is not sufficient to terminate an insurance contract. Rather, solid evidence is needed.</p>\u0000<h3>Originality/value</h3>\u0000<p>This is a real case of failing anti-money laundering efforts.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140574015","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}

引用次数: 0

Employee whistleblowing: legislative perspectives and public perceptions in the United Arab Emirates (UAE) 雇员举报：阿拉伯联合酋长国（阿联酋）的立法视角和公众看法

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-03-29 DOI: 10.1108/jmlc-12-2023-0204

Tareq Na'el Al-Tawil

{"title":"Employee whistleblowing: legislative perspectives and public perceptions in the United Arab Emirates (UAE)","authors":"Tareq Na'el Al-Tawil","doi":"10.1108/jmlc-12-2023-0204","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0204","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.</p>\u0000<h3>Findings</h3>\u0000<p>The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.</p>\u0000<h3>Originality/value</h3>\u0000<p>The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140323047","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}

引用次数: 0

Editorial: Modern slavery coming out of the shadow and its link to money laundering 社论：走出阴影的现代奴隶制及其与洗钱的联系

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-03-20 DOI: 10.1108/jmlc-05-2024-205

Maria Krambia Kapardis

引用次数: 0

Oil rent, corruption and economic growth relationship in Nigeria: evidence from various estimation techniques 尼日利亚的石油租金、腐败和经济增长关系：来自各种估算技术的证据

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-19 DOI: 10.1108/jmlc-10-2023-0160

Joseph David, Awadh Ahmed Mohammed Gamal, Mohd Asri Mohd Noor, Zainizam Zakariya

{"title":"Oil rent, corruption and economic growth relationship in Nigeria: evidence from various estimation techniques","authors":"Joseph David, Awadh Ahmed Mohammed Gamal, Mohd Asri Mohd Noor, Zainizam Zakariya","doi":"10.1108/jmlc-10-2023-0160","DOIUrl":"https://doi.org/10.1108/jmlc-10-2023-0160","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>Despite the huge financial resources associated with oil, Nigeria has consistently recorded poor growth performance. Therefore, this study aims to examine how corruption and oil rent influence Nigeria’s economic performance during the 1996–2021 period.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>Various estimation techniques were used. These include the bootstrap autoregressive distributed lag (ARDL) bounds-testing, dynamic ordinary least squares (DOLS), the fully modified OLS (FMOLS) and the canonical cointegration regression (CCR) estimators and the Toda–Yamamoto causality.</p>\u0000<h3>Findings</h3>\u0000<p>The bounds testing results provide evidence of a cointegrating relationship between the variables. In addition, the results of the ARDL, DOLS, CCR and FMOLS estimators demonstrate that oil rent and corruption have a significant positive impact on growth. Further, the results indicate that human capital and financial development enhance economic growth, whereas domestic investment and unemployment rates slow down long-term growth. Additionally, the causality test results illustrate the presence of a one-way causality from oil rent to economic growth and a bi-directional causal relationship between corruption and economic growth.</p>\u0000<h3>Originality/value</h3>\u0000<p>Existing studies focused on the effects of either oil rent or corruption on growth in Nigeria. Little attention has been paid to the exploration of how the rent from oil and the pervasiveness of corruption contribute to the performance of the Nigerian economy. Based on the outcome of this study, strategies and policies geared towards reducing oil dependence and the pervasiveness of corruption, enhancing human capital and financial development and reducing unemployment are recommended.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139772076","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}

引用次数: 0

Capital flight, institutional quality and real sector in sub-Saharan African countries 撒哈拉以南非洲国家的资本外逃、机构质量和实体部门

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-09 DOI: 10.1108/jmlc-07-2023-0123

Taiwo Akinlo, Busayo Olubunmi Aderounmu

引用次数: 0

Restrictive measures: a question of adequacy or a failure of targeted measures? 限制性措施：是适当性问题还是针对性措施的失败？

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-06 DOI: 10.1108/jmlc-12-2023-0195

Daniel Cookman

{"title":"Restrictive measures: a question of adequacy or a failure of targeted measures?","authors":"Daniel Cookman","doi":"10.1108/jmlc-12-2023-0195","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0195","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to discuss the adequacy of restrictive measures. Providing a synopsis of a global movement toward the imposition of target restrictive measures. Questioning the success of targeted restrictive measures in obtaining behavioural change. Identifying a reversion to the implementation of wide ranging sectoral restrictive measures in an attempt to encourage immediate behavioural change. Accessing the success of using restrictive measures to encourage democratic regimes in Africa.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>This study is a desktop research that examines European Parliament and Council issued Regulations for the jurisdictions of Iran, Russia and Belarus. Academic research is also used in identifying a pendulum swing by global legislatures with respect to the imposition of targeted measures to requiring the imposition of additional wide ranging sectoral measures.</p>\u0000<h3>Findings</h3>\u0000<p>Targeted measures can be circumvented using non-hostile third countries. Academic research identifies that wide reaching sectoral sanctions encourage regime change. Therefore, where targeted measures fail to give rise to their desired persuasive objectives. The legislator moves to introduce additional measures, also comprising of sectoral sanctions. Sectoral sanctions have been applied by the European Union in Iran, Russia and Belarus. The USA has taken measures to limit Russia ability to use Turkey as a transshipment hub. The African continent case study identifies the importance of creating an architecture founded on upholding positive governance and human rights standards. Failure to do so leads to a revolving system of authoritarian regimes, sanctioned by restrictive measures.</p>\u0000<h3>Originality/value</h3>\u0000<p>This paper is a desktop review composed by the author.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139677774","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}

引用次数: 0

Recent developments in EU anti-corruption strategy: the missing element of the return of corrupt assets to “victim countries” 欧盟反腐败战略的最新发展：向 "受害国 "返还腐败资产这一缺失要素

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-05 DOI: 10.1108/jmlc-11-2023-0176

Ariadna H. Ochnio

{"title":"Recent developments in EU anti-corruption strategy: the missing element of the return of corrupt assets to “victim countries”","authors":"Ariadna H. Ochnio","doi":"10.1108/jmlc-11-2023-0176","DOIUrl":"https://doi.org/10.1108/jmlc-11-2023-0176","url":null,"abstract":"\u0000Purpose\u0000Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.\u0000\u0000\u0000Design/methodology/approach\u0000Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.\u0000\u0000\u0000Findings\u0000There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.\u0000\u0000\u0000Originality/value\u0000This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.\u0000","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139804874","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}

引用次数: 0

Recent developments in EU anti-corruption strategy: the missing element of the return of corrupt assets to “victim countries” 欧盟反腐败战略的最新发展：向 "受害国 "返还腐败资产这一缺失要素

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-05 DOI: 10.1108/jmlc-11-2023-0176

Ariadna H. Ochnio

{"title":"Recent developments in EU anti-corruption strategy: the missing element of the return of corrupt assets to “victim countries”","authors":"Ariadna H. Ochnio","doi":"10.1108/jmlc-11-2023-0176","DOIUrl":"https://doi.org/10.1108/jmlc-11-2023-0176","url":null,"abstract":"\u0000Purpose\u0000Recent developments in the EU’s anti-corruption strategy have brought the EU closer to meeting the UNCAC’s objectives, i.e. the Proposal for a Directive on combating corruption (2023) and the Proposal for a Directive on Asset Recovery and Confiscation (2022). This paper aims to discuss these developments from the perspective of the UNCAC, to identify missing elements in the EU’s asset recovery mechanisms.\u0000\u0000\u0000Design/methodology/approach\u0000Critical approach towards EU anti-corruption policy (discussing the problems and solutions). Review of EU developments in asset recovery law.\u0000\u0000\u0000Findings\u0000There is a political will on the part of the EU to fight corruption through the rules enshrined in the UNCAC. However, improving EU law by introducing a new type of confiscation of unexplained wealth and criminalising illicit enrichment, without establishing convergent rules for the return of corrupt assets from EU territory to the countries of origin, cannot be seen as sufficient action to achieve the UNCAC’s objectives. In modelling mechanisms of the return of assets, the EU should search for solutions to overcome the difficulties resulting from the ordre public clause remaining a significant factor conditioning mutual legal assistance.\u0000\u0000\u0000Originality/value\u0000This paper discusses the possible input of the EU, as a non-State Party to the UNCAC, to advance implementing the UNCAC solutions on asset recovery by establishing convergent rules for the return of corrupt assets from EU territory to countries of origin.\u0000","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139864917","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}

引用次数: 0

Tax evasion savings versus unlawful predicate proceeds: a substance-based approach 逃税节余与非法上游收益：基于实质的方法

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-01 DOI: 10.1108/jmlc-12-2023-0196

Deen Kemsley, Sean A. Kemsley

{"title":"Tax evasion savings versus unlawful predicate proceeds: a substance-based approach","authors":"Deen Kemsley, Sean A. Kemsley","doi":"10.1108/jmlc-12-2023-0196","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0196","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to determine whether tax evasion savings qualify as unlawful proceeds for money laundering purposes. Litigators, regulators and academics have debated the question for decades. A common argument is that tax evasion allows a bad actor to save money that the perpetrator already has on hand. It does not produce a new inflow of wealth that could properly be classified as proceeds. This paper addresses the validity of this argument by using a substance-based approach.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>This paper applies the substance-over-form principle and two specialized judicial doctrines to the matter: the economic-substance and step-transaction doctrines.</p>\u0000<h3>Findings</h3>\u0000<p>This paper finds that in substance, tax evasion savings qualify as unlawful proceeds. The opposing argument may be valid on the surface, but it does not withstand the scrutiny of the substance-based principle and insights from the doctrines.</p>\u0000<h3>Practical implications</h3>\u0000<p>The finding of this paper implies that any courts which value substance can embrace tax evasion savings as unlawful proceeds. Government prosecutors can adopt the position with confidence that substance backs them up. National regulators can push the point. The United Nations’ Financial Action Task Force can consider the option to more explicitly recommend treating tax evasion savings as unlawful proceeds for money laundering.</p>\u0000<h3>Originality/value</h3>\u0000<p>Using a unique substance-based approach, this paper demonstrates that a dollar of tax evasion savings is substantively equivalent to a dollar of unlawful tax refund proceeds for money laundering purposes. Focusing on an unlawful tax refund overcomes many of the common concerns raised against the treatment of tax evasion savings as unlawful proceeds.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139648787","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}

引用次数: 0

Editorial: The FATF criminalization of money laundering – much room for improvement 社论：反洗钱金融行动特别工作组将洗钱定为刑事犯罪--大有改进余地

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-01-23 DOI: 10.1108/jmlc-03-2024-180

Yehuda Shaffer

引用次数: 0