White-collar Crime Research Articles

Incitement to a crime in the practice of the Supreme Court in white-collar crime cases

Incitement to a crime in the practice of the Supreme Court in white-collar crime cases

A autoria nos crimes contra o sistema financeiro e a teoria do domínio do fato

The article aims at proceeding to a brief approximation on the conception of authorship in Welzel's doctrine and in Roxin's doctrine to highlight the characteristics of each one of them. Following this, an analysis of the authorship in the systematic of the White-Collar Crimes Law and the possible application of the theories of the referred scholars to the mentioned law is made.

Current Tendencies in Corporate White-Collar Crimes in the United Kingdom, USA and India and their Conceivable Explanations – A Study

The modern-day corporate world has been suffering from corporate white-collar crimes for the last few decades. The principal distress in this regard is that the menace comes from the upper elite class of the social hierarchy. The concerned study provides appreciated statistics regarding corporate white-collar crimes in the last few years in the United Kingdom, the United States of America, and, India. The study further debates the causes of such crimes in the corporate arena and aims to ascertain the root cause of such crimes using allegorical understandings from Greek mythological parables.

A abordagem baseada no risco e combate à lavagem de dinheiro: como o compliance pode auxiliar no combate à coculpabilidade às avessas?

The objective of this article, through a review of specialized literature, is to understand the role of compliance programs in the fight against money laundering, in the light of Law No. 9.613/1998 and Instruction 617 of the Securities and Exchange Commission. As the aforementioned instruction highlighted the role of the Risk-Based Approach (RBA), it is argued that the integrity programs of financial institutions have a relevant role, through the RBA, in detecting potential activities that constitute money laundering, cooperating with accountability of those involved. Thus, the traditional state deficiencies in investigating white-collar crimes could be, at least in theory, mitigated, in order to combat the mechanisms of coculpability that influence selectivity in reverse. 

Power Relation and White-Collar Crime: Case Study of Coastal Reclamation in Indonesia

This research aims to understand the power relation and white-collar crime on managing the coastal reclamation and its implication in Indonesia that is very significant at the ontological and sociological level. The problem is very interesting to be analyzed by conducting a qualitative research method based on power theory and crime theory. Data were collected through in-depth interviews, observation, and documentation related to coastal reclamation and its implication in Indonesia. Data were analyzed by using interactive models are data reduction, data display, data verification, and supported by triangulation. The results were based on ontological and sociological levels using criminology perspective for understanding the coastal reclamation and its implication in Indonesia that are needed for providing information to stakeholders related to the regulations and sanctions. This result provides inputs for making better regulation on coastal reclamation policy in Indonesia for state agencies as public officials and practitioners.

Penalties for economic crimes in the criminal laws of the UK and the USA

The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.

Dramaturgical self-efficacy and opportunity structures for white-collar crime

Perceived self-efficacy is often held to be the most focal mechanism of human agency. It has shown strong potential to explain action in multiple areas highly relevant to understanding crime, at least when the concept is formulated in close connection with the conditions that characterize the criminal acts it is supposed to explain. This article introduces the concept in the context of white-collar crime. To advance our understanding of how opportunities for such crime work, self-efficacy is defined with regard to one’s ability to control others’ impression of financially relevant information, or what is called dramaturgical self-efficacy. The presentation of this concept and its various elements is illustrated with contemporary empirical cases of white-collar crime and is preceded by a discussion of how opportunity structures and perceived self-efficacy have been understood in previous research relevant to the field. The article also discusses how the concept can be further developed with regard to the relationship between motivation and opportunity for white-collar crime.

An assessment of sentencing approaches to persons convicted of white-collar crime in South Africa

Assessing court sentencing approaches to persons convicted of white-collar crime is a complex task. For the purposes of this article, this research task involved assessing the appropriateness of sentences imposed within the proportionality principle during the period 2016 to 2021 in South Africa. This further involved the empirical use of both qualitative and quantitative methodologies, in order to determine how commercial courts – in this case, the Bellville Commercial (Regional) Court – impose a sentence on white-collar criminals. The article establishes that, in South Africa, categories of white-collar crime such as corruption, racketeering, fraud and money laundering are increasingly reported by the media, independent institutions and government. There is a public perception that courts are generally lenient in sentencing white-collar offenders. This article aims to determine the appropriateness of a sentence, within the principle of proportionality, for white-collar criminals, in order to deter this type of crime.

Challenging Existing Regulatory Approaches for White-Collar and Corporate Crimes

Challenging Existing Regulatory Approaches for White-Collar and Corporate Crimes

Victim Protection

The protection of victims that has occurred so far has always been state intervention by using the principles of police power or the relevant legal apparatus. The increasing suffering experienced by victims in a society can cause unrest and the victims of certain weak groups may meet their needs unnaturally and cause further losses and chaos. In this case the consumer isn’t the only White Collar Crime in this consumptive society. With many illegal habits that are carried out by the corporation. In this case, it becomes a study in research in the context of victim protection, because victims are surrounded by powers of power so that it will easily lead to victimization. With the existence of victims as a result of victimization from the work of the bureaucracy, as a result of the bureaucracy that may lead to victimization of a person or group, this has an influence on society at large. The perpetrators of corporate crimes are the target of focused attention in creating the current regulations, considering specific penalties. Targeted products are gradually attracting the attention of product designers and lawmakers who recognize that crime-free product design may predate many crimes. In the context of repeated victimization, the structural constraints are real and serious, and that this research can look at how context shapes and influences victim behavior routines. The research method used is a qualitative approach adapted to the needs of the research, namely obtaining in-depth explanations and information regarding efforts to protect victims of corporate crime. The plan in the research of research informants is the main key to explain problems that can result in victims. The object of this research is the Project X Corporation.

Some Determinants of Crime Reporting Among Economic and Financial Crime Victims: The Case of Azerbaijan

Relatively limited attention has been paid by scholars to explore the crime reporting behavior of white-collar crime victims, especially in developing countries, such as Azerbaijan, where some forms of white-collar crimes are widespread. Using the dataset of the first nationwide victimization survey (n = 1,214) in Azerbaijan, the current paper attempts to explore the determinants of crime reporting among 4 specific white-collar offense (fraud, request for bribery, sale of unsafe good and sale of unsafe food for consumption) among randomly selected, yet unrepresentative subsample of victims (n = 186). Offenses were categorized in two groups for analysis—financial/economic offenses and non-financial/economic offenses, hence two models in a binary logistic regression analysis. The results indicate that the extent of financial loss predicts the crime reporting behavior for victims of financial offenses. Those with a higher level of the perceived probability of being victimized by a violent crime were more likely to have notified the authorities of their victimization. Applicable for non-financial crimes only, the level of income has an inverse association with a decision to invoke the law. The relationship of a victim to an offender predicted a decision to contact the authorities—cases in which the offender was identified as a stranger were less likely to be reported to the law enforcement authorities than cases in which the offender had not been identified. No socio-demographic variable has a predictive capacity for either crime category. In addition, as the main motives for not mobilizing the law, almost half of the cases have been resolved in between the offender and victims, such as through compensation. The findings have several theoretical implications for white-collar crime literature. Suggestions for further research, as well as the limitations, are discussed toward the end of the paper.

The Relevance between White Collar Crime Detention and Digital Legal Application Systems

Gaining an understanding of the relevance between white-collar crime detention and digital legal application systems is the main objective of this study. For us to understand this goal, we have conducted data searches on research evidence released by several well-known journal publication data sources, including publications from Taylor & Francis, Elsevier, Google Books, Sagepub, and magazines and heads of state laws and regulations released by the Law Department and Human Rights of the Republic of Indonesia. Furthermore, our efforts to seek understanding are carried out with the help of an in-depth evaluation, coding, and interpretation system of data until we understand and draw conclusions if the data has answered the core questions of this study. So based on the data and discussion, we can summarize the relevance between legal digital applications and the reduction in white-collar crime in Indonesia. Thus, the results of this study can be helpful in efforts to develop digital law applications in the future.

Forensic Accountant: A New Frontier in The Accounting Profession

The collapse of Corporate giants due to white collar crimes & frauds results economic downfall and pushes the investors and the Government in unpleasant situation. Once frauds happened in any organization, the accountants & auditors are facing lot of criticism and litigations due to failure in detecting and plugging frauds. The management struggles to safeguard themselves by introducing internal control system that maintains the transparency in all transactions and adequacy of good Corporate governance practice. The accountants are trying to tighten the loopholes in accounting and auditing system, procedures and building up adequacy in safeguard measures. In this situation, the forensic accountants play a major role in cracking down the white-collar crimes and frauds because of their investigative skills and to go beyond the routine audit and focused attention on detecting the fraudulent transactions. The demand of the Corporate world is to engage the forensic accountants who are responsible in detecting frauds and financial crimes and to report and advise for remedial measures in order to protect against financial loss out of these unscrupulous activities.

Emerging Needs of Forensic Audit in Corporate and Banking Frauds in India

“When we discuss about good corporate governance we always have to address the matter of frauds which acts as an obstacle for comprehensive growth and development. Corporate and banking frauds are very significant and rampant issue as they have irreversible and traumatic impact on stakeholders and reputational impact on corporate and banks. Thus there is an emerging need to cope up with this menace and forensic audit is considered as a powerful weapon which is used for corporate and banking fraud detection, mitigation and prevention. Forensic audit is comparatively a new term for a country like India, but with growing number of white collar crime, forensic audit professionals are in considerable demand. This paper explains the concept of corporate and banking fraud in India and role of forensic audit as a Brahmastra (Brahma weapons) against this economic devil. Relevant Secondary data from various publications has been reviewed and synthesized for this research paper”

Problematika Penegakan Hukum Tindak Pidana Pencucian Uang

Money laundering is a crime that always exists, and recently there have been massive cases in Indonesia, related technological and social advances are factors that cause money laundering crimes. Money laundering has continued to develop since the past until now the government is trying to follow up the law on money laundering, so it is important for us to discuss. Law No. 8/2010 The Prevention and Eradication of the Crime of Money Laundering is examined with a normative juridical approach in this study, with various breakthroughs, namely proof and fines. This category of crime is a transnational crime and a white-collar crime that has a destructive impact on the economy as well as the nation and state, so that efforts must be made in various ways to overcome it, namely by optimizing the duties and authorities of the PPATK, and cooperation between countries.

Title: The Great Gatsby: A Story of The American Dream and The Social Conflict

The Great Gatsby is a novel that was written in 1925 by Scott Fitzgerald. it represents The American Dream and the desire of achieving it through the protagonist attempts to achieve The American Dream. The protagonist is Jay Gatsby he is a self-made man who belongs to the working class of society, he gained his wealth through the organized crime and illegal business, Jay was charmed by the lifestyle of the rich people and the identity of being one of them. He used his fortune to make incredible parties in his mansion showing his wealth power and to attract Daisy’s attention, the women he loves most. Gatsby represents the American dreamers who belong to the repressed class of society, this young generation who believes in The American Dream and the possibility of achieving it. The American Dream was created by the dominant class of society in order to control the economic system.
 The falsie fact that this dream was built upon is the social justice, the social equality that gives equal chances to everyone to achieve their desires via hard work without concern about their social background. The American Dream is mainly about either wealth obtaining which was the aspiration of these young working-class people or social ascendency. Gatsby despite his recent gained fortune and new identity as he changed his name from James to Jay Gatsby was not able to be a member of the bourgeoisies; he was rejected due to his social background. Therefore, the social equality concept was denied alongside the hard work and equality of chances in achieving The American Dream was denied by the illegal career of Gatsby.

Punishing The Bankruptcy Fraudsters: What Can Indonesia Learn from United States of America?

Bankruptcy is a system that was created to provide financially distressed debtors relief from their debts while providing the creditors with a fair portion of the debtors’ assets. Unfortunately, certain parties might attempt to beat the system unfairly. The goals of this study are to compare Title 18 United States Code with Indonesia’s legal system regarding bankruptcy fraud and how the Indonesian bankruptcy law ought to be in regulating bankruptcy fraud. This research is qualitative, using a black letter method and legal comparative approach. The result of this study shows that Indonesian bankruptcy law does not regulate provisions regarding bankruptcy fraud as comprehensive as Title 18 United States Code. It is suggested that the Indonesian government amends the bankruptcy law, therefore the public’s confidence in the bankruptcy system can be preserved while providing a deterrence effect for the participants who might exploit the bankruptcy system for their advantages. Keywords: bankruptcy; bankruptcy crime; fraud; white collar crime

Justificatory Narratives: The Collapse of Greensill Capital

The collapse of Greensill Capital, a company whose self-styled owner experimented with innovative supply-chain finance, led to parliamentary inquiries in the UK during the course of 2021. This paper tells the story of the collapse and analyses the justifications mobilised by the company’s owner, Lex Greensill, in defence of his acts. His exculpatory narratives contain classical components that characterise white-collar and financial crime, but also some innovative aspects that may prefigure the future development of these types of crimes.

Punishing White-Collar Crime in Canada: Issues With the Economic Model of Crime and Punishment

White-collar crime differs from other types of crime in both how the public perceives it and the socio-economic standing of the typical perpetrators. Nevertheless, white-collar crime has significant negative social and economic effects. In formulating deterrents against white-collar crimes, economic models using cost-benefit analyses that fix relative values to fines and incarceration have been influential. However, these economic models are not in keeping with judicial sentencing in Canada and do not accurately reflect current criticisms about the social inequalities associated with fines and incarceration. Economic models contend that large fines reinforced by possible incarceration are the best sentencing deterrent for white-collar crimes in Canada. Yet, as this article argues, a better approach is preventing white-collar crimes through government regulation and corporate structures that eliminate opportunities for criminal conduct.

Punishment of Persons Convicted of Economic (Business) Crimes and Malfeasance in Office, in the Assessment of the Public and Professionals

Introduction: the article considers ultra-liberal, ultra-radical and realistic views on the punishment of persons convicted of economic (business) crimes and malfeasance in office. The article analyzes public and professional opinion on this problem using the results of specific sociological studies conducted in 2018–2019 by Tkachevsky Research and Education Center “Problems of Penal Law” under Lomonosov Moscow State University. Research materials and methods: the research is based on the application of the specific sociological research method. The materials for our research include the results of the study of public and professional opinion on the punishment of those convicted of economic crimes and malfeasance in office, and on the places and conditions of their imprisonment. Empirical research includes surveys of three types of respondents: citizens of the Russian Federation; persons convicted of economic crimes and malfeasance in office who are serving sentences in correctional institutions; correctional officers. We also investigate proposals on sending the convicts under consideration to correctional institutions located in remote regions of Russia, and the prospects for the construction and opening of so-called private prisons for them. We analyze the practice of keeping persons convicted of economic crimes and malfeasance in office together with other categories of convicts. Results: we conclude that the public and professionals do not tend to hold extreme positions (ultra-liberal or ultra-radical) in the punishment of persons convicted of economic crimes and malfeasance in office. The public and professionals assess quite realistically the criminal policy of the state and judicial practice at the present stage of the state's development and allow, within certain limits, the application of punishment in the form of imprisonment to economic and official criminals. We emphasize that both categories of respondents (citizens and convicts) are more inclined to use imprisonment in relation to persons who have committed malfeasance in office than to those who committed economic crimes. We argue that public opinion is dissatisfied with the fact that persons convicted of malfeasance in office and economic crimes are kept together with other categories of convicts. There is no such dissatisfaction in the professional opinion: the majority of interviewed correctional officers do not support the idea of sending those convicted of economic crimes and malfeasance in office to separate correctional institutions. We put forward a proposal concerning the implementation of the idea that persons convicted of economic crimes and malfeasance in office should be held in separate correctional institutions in the course of modernization provided for by the Concept for development of the penal system of the Russian Federation until 2030, which consists in opening joint correctional institutions.