(Ebook) Transnational Financial Crime 1st edition by Nikos Passas 1409448886 9781409448884

(Ebook) Transnational Financial Crime 1st edition by Nikos Passas 1409448886 9781409448884

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ISBN-10 :  1409448886 

ISBN-13 : 9781409448884

Author:  Nikos Passas 

Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology.

Transnational Financial Crime 1st table of contents:

PART I: THEORETICAL FRAMEWORKS
1 Globalization, Criminogenic Asymmetries and Economic Crime
A. Introduction
B. A Definition of Transnational Crime
C. Criminogenic Asymmetries and Economic Crime
D. Globalization and Asymmetries
E. Globalization, Dysnomie and 'Crimes Without Lawbreaking'
F. Conclusion and Policy Implications
G. References
2 Global Anomie, Dysnomie, and Economic Crime: Hidden Consequences of Neoliberalism and Globalizatio
Introduction
Some Conceptual Clarifications
Anomie and Deviance
Globalization and Neoliberalism
The Promises of Global Neoliberalism
Criminogenic Effects: Systemic Strains and Global Anomie
The Case of Russia
Conclusion
REFERENCES
3 Enron et al.: Paradigmatic White Collar Crime Cases for the New Century
Enron as Metaphor
Enron et al. as Crime
Applying Criminological Theory to Enron et al.
Enron et al.: Modern or Postmodern White Collar Crime?
Challenges for Criminology
Conclusion
References
4 Criminogenic Cyber-Capitalism: Paul Virilio, Simulation, and the Global Financial Crisis
Introduction
Globalisation and Simulation
Simulation: Speed
Pure War and the Logistics of Perception
Pure War and Hegemony: Exo- and Endo-Colonization
Cyber-Capitalism and Power Crime
The Criminogenic 'Accident'
Conclusion
References
5 Counterfeiting as Corporate Externality: Intellectual Property Crime and Global Insecurity
Introduction
White-collar crime and corporate externalities
Branding and IPC
Outsourcing
Anti-counterfeiting and the externalisation of the costs of control
Externalisation of harm
Conclusion
References
PART II: TYPES OF TRANSNATIONAL FINANCIAL CRIME
6 A Good Century for Tax? Globalisation, Redistribution and Tax Avoidance
Tax havens and international arbitrage
'A great century for tax'
Corporate tax competition
Twenty-first century regression
From fiscal termites to moral termites?
The state can fight back
7 E-Gaming and Money Laundering Risks: A European Overview
1 Introduction
1.1 What is money-laundering?
1.2 E-gaming in Europe: the economic context
1.3 Areas of risk
2 Counter-measures against fraud and money-laundering in the regulated e-gaming sector
2.1 Money laundering controls in the online gaming industry
2.2 Know Your Customer (KYC)
2.2.1 Initial acceptance
2.2.2 Ongoing monitoring
2.3 Comparison with other sectors
3 The compliance of the e-gaming sector with AML efforts
3.1 Reporting of suspicious transactions
4 Conclusions
References
8 Trade-Based Money Laundering and Terrorist Financing
1. INTRODUCTION
2. TRADE-BASED MONEY LAUNDERING
2.1. EXAMPLE- OVERVALUED U.S.IMPORTS
2.2. EXAMPLE-UNDERVALUED U.S. EXPORTS
2.3. MOTIVATIONS AND IMPACT
3. U.S. MERCHANDISE TRADE DATA BASE
4. RESEARCH METHODOLOGIES
4.1. COUNTRY AVERAGE PRICE VS. WORLD AVERAGE PRICE
4.2. PRICES 50% ABOVE OR BELOW AVERAGE COUNTRY PRICE
4.3.lNTER-QUARTILE RANGE PRICE ANALYSIS
5. APPLICATIONS OF INTER-QUARTILE RANGE STATISTICAL ANALYSIS
5.1. MONEY MOVED OUT OF AND INTO THE UNITED STATES
5.2. IMPACT OF NEW BANKING REGULATIONS ON MONEY MOVED OUT OF SWITZERLAND
5.3. MONEY MOVED TO AL QAEDA WATCH LIST COUNTRIES
5.4. ABNORMAL WEIGHT
6. TRADE FINANCING
6.1. FFIEC MANUAL
6.2. CHARACTER-BASED ANALYSIS- COUNTRY, PRODUCT AND CUSTOMS DISTRICT RISK PROFILES
6.3. COUNTRY RISK INDEX
6.4. PRODUCT RISK INDEX
6.5. CUSTOMS DISTRICT RISK INDEX
6.6.lNTERNATIONAL PRICE PROFILING SYSTEM- IPPS
6.6.1. EXPORT OF TOMATO KETCHUP TO KUWAIT
6.6.2. IMPORT OF SOCCER BALLS FROM PAKISTAN
7. CONCLUSION
References
9 Demystifying Hawala: A Look into Its Social Organization and Mechanics
Introduction
Method and Sources
The Mechanics of Hawala
Conclusion
References
10 Financial Crime, Near Crime, and Chicanery in the Wall Street Meltdown
1. Introduction
2. The Fuzzy boundaries among crime, near crime and chicanery
3. The financial crime wave
4. Why a financial crime wave: the incentive of really big bucks
5. Conclusion
11 Mortgage Origination Fraud and the Global Economic Crisis
Research Summary
Policy Implications
Keywords
Theoretical Underpinning
Mortgage Fraud
Mortgage Origination Process
Methods and Data
Results
Conclusion and Policy Implications
References
12 Odious Debt, Odious Credit, Economic Development, and Democratization
I INTRODUCTION
A. The Odious Debt Problem
B. Three Responses
II WHY STATE SUCCESSION TO INTERNATIONAL OBLIGATIONS IS NECESSARY
III ECONOMIC DEVELOPMENT AND DEMOCRATIZATION
IV THE PROBLEM OF THE ODIOUS CREDITOR
V A MODEST SOLUTION TO THE PROBLEM OF ODIOUS DEBT
VI CONCLUSION
13 Defence Expenditures, Arms Procurement and Corruption in Sub-Saharan Africa
Introduction
The Challenge of Measuring Military Expenditures and Corruption in SSA
Donors and Defence Budgets in SSA
'Off-budget' Military Funding and Corruption
Arms Procurement and Opportunities for Corruption
The Bribe-makers
The Role of the International Financial Institutions
Hypocrisy and Discrimination
Conclusion
References
14 Why Do So Many Anti-Corruption Efforts Fail?
I. INTRODUCTION
II. CHALLENGES INHERENT IN CHECKING CORRUPTION
A. Corruption Eludes Precise Definition
B. Corruption Undermines Collective Action for Reform
C. Corruption Is a Transnational Problem
D. Corruption is Systemically Embedded
E. The Most Urgent Reform Requires Extensive Institutional Change
III. CONTRASTING CORRUPTION PROBLEMS: FOUR SYNDROMES
A. Headlines: Recognize Anyone?
B. Four Syndromes of Corruption
IV. SORTING OUT STRATEGIES
V. "DEEP DEMOCRATIZATION" AND CORRUPTION CONTROL
A. The Value of Politics and the State
B. What to Do-First, Next, and Not at All?
VI. CONCLUSION
15 The Genesis of the BCCI Scandal
THE BCCI AFFAIR
CONFLICTS OF INTEREST AND THE NORIEGA INVESTIGATION
THE BCCI INDICTMENT FOR MONEY LAUNDERING
THE NEW YORK INVESTIGATION
INTERNAL ORGANIZATIONAL FACTORS
EXTERNAL FACTORS
FACTORS LIMITING REFORM
CONCLUSIONS
NOTES AND REFERENCES
16 Organized Fraud and Organizing Frauds: Unpacking Research on Networks and Organization
Introduction
Organizing frauds
Fraud networks: between the opportunity and the criminal act
Robert Vesco
Enron
Identity frauds and telemarketing seams
Ethnicity, nationality and the supply of offenders
Conclusion
Notes
References
Erratum
17 Crime on the Line: Telemarketing and the Changing Nature of Professional Crime
Telemarketing and Fraud
Problem and Methods
Organization and routine
Backgrounds and careers
Attractions and lifestyles
Legitimation and defence
Interpretation
REFERENCES
18 The Insurgent Economy: Black Market Operations of Guerrilla Organizations
1. Insurgent groups and the underground economy
2. Guerrilla finance: the expenditure side
3. External finance: dilemmas and opportunities
4. General principles of guerrilla finance
5. Predatory forms of fund-raising
6. Parasitical forms of fundraising
7. Symbiotic forms of fundraising
8. Narcoterrorism?
9. Revolutionary asset management
10. Insurgency's new frontiers
Acknowledgements
Notes and references
19 Addressing Identity Crime in Crime Management Information Systems: Definitions, Classification, a
1. Introduction
2. Methodology
3. Identity crimes
4. Discussion of results
5. International context
6. Conmbution, implication and limitations
7. New identity crime and future research
20 Transnational Organised Cyber Crime: Distinguishing Threat from Reality
Introduction
Defining 'cybercrime'
The law enforcement perspective
The generic relationship between technology and crime
The target environment
Traditional organised groups in cyberspace
The possible redundancy of the term 'organised'
Traditional organised crime online or online crimes which are organised?
Conclusion
21 Intellectual Capital and Economic Espionage: New Crimes and New Protections
Introduction
Understanding economic espionage
The nature and proliferation of economic espionage
IC assets: increased risk of theft and subsequent damage from loss
IC and economic espionage
Legal remedies for the theft of IC
Protection and remedies for the theft of IC
References
About the authors
22 Cross-Border Crime and the Interface between Legal and Illegal Actors
Introduction
Distinctions between international and cross-border crime
Interface analysis I: goals of transnational offenders
Interface analysis II: the nature of the legal-illegal interface
Growth of cross-border crime?
Research implications
Developing a solid empirical ground
Understanding the causes of transnational crime
Policy implications
Notes
PART Ill: CONTROL ISSUES
23 Criminalizing Consequences of Sanctions: Embargo Busting and Its Legacy
The Sanctions Debate
The Imposition of Sanctions
The Lifting and the Legacy of Sanctions
Comparative Extensions
Conclusions
References
24 Financial Controls and Counter-Proliferation of Weapons of Mass Destruction
l. INTRODUCTION
II. U.N. SECURITY COUNCIL RESOLUTIONS AND PROLIFERATION FINANCE
Ill. IMPLEMENTATION CHALLENGES
IV. CONCLUSION
25 Balancing Financial Threats and Legal Interests in Money-Laundering Policy
The quest for basics and balance
'Deeply concerned' in financial nebula
The cyber laundering challenge
Computer crime legislation
Nebulae still prevail
Balancing legal interests
Notes
26 Do European Procurement Rules Generate or Prevent Crime?
Abstract
Introduction
Conclusion
Notes
References
Corresponding author
27 Criminal Profits, Terror Dollars, and Nonsense
THE lOGIC OF THE STRATEGY
THE STRATEGY IN ACTION
THE "REASON" WHY
DOES IT ACTUALLY WORK?
THE PROBLEM OF "COllATERAl DAMAGE"
MORE THAN REASONABlE DOUSR?
NOTES
28 Asset and Money Laundering in Bolivia, Colombia and Peru: A Legal Transplant in Vulnerable Enviro
Introduction
AML system in the Andean countries: a typical case of "legal transplant"
Inadequate environment: informal economy, bancarization and property rights problems
Informality
Bancarization
Property rights
Consequences
AML legislation: international standards but meager results
Bolivia
Colombia
Peru
Conclusions
References
29 Testing the Global Financial Transparency Regime
A Realist Perspective on Intemational Rules
The Significance of Anonymous Shell Companies
Why a Participant Approach?
Soliciting and Purchasing Anonymous Shell Companies
Findings
Independent Confirming Evidence

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