Tackling suspect wealth: towards an accountable and transparent future?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sally Junsong Wang
Keyword(s):  
Rule Of Law ◽  
Moral Value ◽  
International Norm ◽  
Content Type ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
United Nations Convention ◽  
Practical Implications ◽  
Weak Rule

Purpose The purpose of this paper is to provide an empirical comparative analysis on cross-border suspect wealth issues and international efforts to curb corruption-related suspect wealth. Through the lens of the United Nations Convention Against Corruption (UNCAC) and the Stolen Asset Recovery Initiative (StAR) Initiative, this paper illustrates the strength and limitations of current anti-corruption frames and as a result, sheds lights on the dilemmas of tackling suspect wealth on the ground. Design/methodology/approach This paper begins with an overview of the magnitude of suspect wealth; then it compares the focuses of the UNCAC and the StAR Initiative. The author draws upon lessons from previous suspect wealth settlement cases to illustrate the limitations of applying the international frameworks. Finally, this paper takes China as case study to highlight lessons for future anti-corruption efforts. Findings According to the StAR Initiative, $20–$40bn worth of public assets are stolen via corruption each year, amounting to 20% to 40% of development assistance annually. But the most recent data estimate that the total assets repatriated from OECD countries were $423m from 2006 to 2012, which was only a small fraction of estimated stolen assets. This highlights that tackling suspect wealth not only has moral value but also provides practical benefits for countries seeking development finance. Research limitations/implications The UNCAC has brought international cooperation and the importance of transparency to the forefront of tackling suspect wealth. It creates an international norm for recovering and repatriating stolen assets. But due to its loose implementation and enforcement, the UNCAC has left loopholes in anti-corruption policymaking, particularly in countries lacking the rule of law. By comparison, the StAR Initiative takes innovative approach such as using insolvency for asset recovery and country-based capacity building to strengthen originating countries’ ability to repatriate assets. Both the UNCAC and the StAR Initiative are well-intended, but authoritarian regimes and weak rule of law often create dilemma for international collaboration. Practical implications This paper provides recommendations on how to further tackle suspect wealth with existing international frameworks. Social implications Reducing suspect wealth contributes to society equity and restores public trust by recovering much needed public assets and development resources. Originality/value This paper illustrates the effect of UNCAC and the StAR Initiative through a comparative lens. It demonstrates how rising authoritarianism can create dilemmas for work against corruption and suspect wealth. Finally, it provides potential policy prescriptions for navigating such dilemmas via shared international efforts.

The reform of criminal procedure of corruption cases in China

2018 ◽  
Vol 3 (1) ◽  
pp. 33-49
Author(s):  
Xinlin Peng
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
Protection System ◽  
Bottom Line ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
United Nations Convention ◽  
Set Up ◽  
Current Procedure

Abstract In order to achieve fundamental results in punishing corruption crime, we should adhere to the legal anti-corruption pattern, advance with the Rule of Law, and make anti-corruption standardized and institutionalized. The bottom line is that we should reform and improve the criminal procedure for corruption crime in China. Problems in the current procedure for corruption crime mainly include: the presumption rules for corruption crime have not been established, the absence of stigma witness exemption system, the witness protection system, the investigation jurisdiction are not perfect, the supervision of investigation is weak, the lack of absentee trial system for corrupt crime, the non-institutionalization of off-site trial, technical investigation measures may be abused, and difficulties in person sought for corruption and asset recovery. To reform and improve the procedure for corruption crime in China, it is suggested that special procedures for corruption crime be set up as appropriate, relevant contents of the United Nations Convention against Corruption (UNCAC) should be reasonably absorbed, and efforts should be made to promote the institutionalization of the reform achievements in criminal procedure of corruption crime.

Chasing criminal wealth: broken expectations for the criminalization of illicit enrichment in Lithuania

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Skirmantas Bikelis
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Design Methodology ◽  
Criminal Cases ◽  
Content Type ◽  
Asset Recovery ◽  
Balanced Measure ◽  
Theoretical Considerations ◽  
Practical Level

Purpose This study aims at elaborating whether the criminalization of illicit enrichment has the potential to be an efficient and well-balanced measure against profiting from serious crime. Design/methodology/approach This study offers a normative analysis of the concept of the criminalization of illicit enrichment, particularly from the perspective of the presumption of innocence. This paper supplements theoretical considerations using Lithuania, where illicit enrichment was criminalized a decade ago, as a case study. It analyses data of all 28 known criminal cases on illicit enrichment that resulted in judgements in Lithuania in 2015–2019. Findings The author concludes that on neither a fundamental nor practical level can the assumption that the criminalization of illicit enrichment efficiently carries out the task for which it was created be supported. Moreover, efforts to implement this legal strategy might unbalance the system of illicit asset recovery measures and obstruct the implementation of other promising legal instruments. Originality/value As very few states with developed democracy and strong rule of law traditions have implemented criminalization of illicit enrichment, there are very few if any empirical data or analysis of practices on this issue that could contribute to the theoretical discussion. This paper aims at contributing to fulfillment of this gap by presenting relevant data and insights from the perspective of Lithuanian criminal justice system.

scholarly journals Recouping proceeds of corruption: is there any need to reverse extant trends by enacting civil forfeiture legal regime in Nigeria?

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
International Law ◽  
Legal Assistance ◽  
Legal Regime ◽  
Content Type ◽  
Secondary Sources ◽  
The United Kingdom ◽  
Asset Recovery ◽  
United Nations Convention ◽  
Bilateral Treaties ◽  
Practical Implications

Purpose The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption. Design/methodology/approach The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws. Findings The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption. Research limitations/implications The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Practical implications Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy. Social implications Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Originality/value The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.

Corporate acceleration process: a systems psychodynamics perspective

2020 ◽  
Vol 33 (6) ◽  
pp. 1163-1180
Author(s):  
Piotr Wójcik ◽  
Krzysztof Obłój ◽  
Aleksandra Wąsowska ◽  
Szymon Wierciński
Keyword(s):  
Open Innovation ◽  
Negative Emotions ◽  
Acceleration Process ◽  
Content Type ◽  
Team Members ◽  
Third Phase ◽  
Multiple Case ◽  
Social Defenses ◽  
Practical Implications

PurposeThe purpose of this paper is to explore the emotional dynamics of the corporate acceleration process, using the systems psychodynamics perspective.Design/methodology/approachThe study applies inductive multiple case study of embedded 10 cases of corporate acceleration, covering both incumbent and startup perspectives, occurring in the context of a corporate accelerator.FindingsWe find that (1) the process of corporate acceleration involves three phases, each of them is dominated by a different emotional state (hope, anxiety and acceptance), triggering different behavioral responses; (2) as a means to deal with negative emotions, entrepreneurs and corporate acceleration program's team members develop different mechanisms of dealing with contradictories in subsequent acceleration phases (defense and copying mechanisms), which are reflected in their behaviors. Coping mechanisms with goal reformulation (i.e. refocus from the officially declared “open innovation” goals toward mainly symbolic ones) is an effective strategy to manage negative emotions in third phase of the acceleration.Research limitations/implicationsOur sample is limited to two relatively similar accelerators established by telecom companies, and therefore, our theoretical and practical conclusions cannot be generalized.Practical implicationsWe supplement the studies of corporate accelerators that imply how to design them better and improve decision-making rules with recommendation that in order to improve their effectiveness in terms of learning and innovations, their managers need not only to learn how to manage structural and procedural differences but also how to overcome social defenses triggered by corporate–startups cooperation.Originality/valueBy documenting a multidimensional impact of acceleration process, and especially shedding light on psychodynamic aspects behind such liaisons, this paper contributes to richer understanding of corporate–startup relationships, typically examined through a rationalistic lens of strategy literature. The study contributes to interorganizational research and open innovation literature, by showing that corporate acceleration process is marked by phases based on the type of emotions intertwined with the nature and dynamism of its life cycle. It indicates how these emotions are managed depending on their type.

scholarly journals Sinabung volcano: how culture shapes community resilience

2019 ◽  
Vol 28 (3) ◽  
pp. 290-303
Author(s):  
Marta Mori ◽  
Ronan McDermott ◽  
Saut Sagala ◽  
Yasmina Wulandari
Keyword(s):  
Structured Interviews ◽  
Content Type ◽  
Aid Dependency ◽  
Relief Operations ◽  
Long Term Impact ◽  
Cultural Experts ◽  
Practical Implications

Purpose The purpose of this paper is to explore how culture, including traditions and social structures, can influence resilience and how culturally sensitive relief operations can put affected people and their context at the core of any interventions. Design/methodology/approach A case study of the Mt Sinabung volcano area in Indonesia was undertaken. As part of the case study, an analysis of interventions was conducted, which was complemented by semi-structured interviews with Karo cultural experts and humanitarian organisations. Findings Culture influences the manner in which the Karo people react to volcano eruptions with varying implications for recovery. In addition, relief organisations which understand people’s actions through a cultural lens have better managed to tailor programs with long-term impact, thereby avoiding aid dependency. Practical implications Practical examples of disaster management activities that adequately account for the beneficiaries’ way of living prior to the eruptions are provided. Aid actors are provided with guidance concerning how to better tailor their activities in line with a cultural lens. Originality/value The study provides empirical grounding for claims concerning the role of culture in planning interventions in Indonesia and other similar contexts.

The deputy principal instructional leadership role and professional learning

2017 ◽  
Vol 55 (1) ◽  
pp. 33-48 ◽  
Author(s):  
Ann Leaf ◽  
George Odhiambo
Keyword(s):  
Instructional Leadership ◽  
Professional Learning ◽  
Ad Hoc ◽  
Team Building ◽  
Leadership Role ◽  
Instructional Leaders ◽  
Structured Interviews ◽  
Content Type ◽  
Practical Implications

Purpose The purpose of this paper is to report on a study examining the perceptions of secondary principals, deputies and teachers, of deputy principal (DP) instructional leadership (IL), as well as deputies’ professional learning (PL) needs. Framed within an interpretivist approach, the specific objectives of this study were: to explore the extent to which DPs are perceived as leaders of learning, to examine the actual responsibilities of these DPs and to explore the PL that support DP roles. Design/methodology/approach The researchers used multiple perspective case studies which included semi-structured interviews and key school document analysis. A thematic content analysis facilitated qualitative descriptions and insights from the perspectives of the principals, DPs and teachers of four high-performing secondary schools in Sydney, Australia. Findings The data revealed that deputies performed a huge range of tasks; all the principals were distributing leadership to their deputies to build leadership capacity and supported their PL in a variety of ways. Across three of the case study schools, most deputies were frequently performing as instructional leaders, improving their school’s performance through distributing leadership, team building and goal setting. Deputy PL was largely dependent on principal mentoring and self-initiated but was often ad hoc. Findings add more validity to the importance of principals building the educational leadership of their deputies. Research limitations/implications This study relied upon responses from four case study schools. Further insight into the key issues discussed may require a longitudinal data that describe perceptions from a substantial number of schools in Australia over time. However, studying only four schools allowed for an in-depth investigation. Practical implications The findings from this study have practical implications for system leaders with responsibilities of framing the deputies’ role as emergent educational leaders rather than as administrators and the need for coherent, integrated, consequential and systematic approaches to DP professional development. Further research is required on the effect of deputy IL on school performance. Originality/value There is a dearth of research-based evidence exploring the range of responsibilities of deputies and perceptions of staff about deputies’ IL role and their PL needs. This is the first published New South Wales, Australian DP study and adds to the growing evidence around perceptions of DPs as instructional leaders by providing an Australian perspective on the phenomenon. The paper raises important concerns about the complexity of the DP’s role on the one hand, and on the other hand, the PL that is perceived to be most appropriate for dealing with this complexity.

scholarly journals Innovation and cross-functional teams

2018 ◽  
Vol 24 (1/2) ◽  
pp. 84-105 ◽  
Author(s):  
Daniel Marasquini Stipp ◽  
Márcio Lopes Pimenta ◽  
Daniel Jugend
Keyword(s):  
Single Case ◽  
Field Research ◽  
Incremental Innovation ◽  
Future Research ◽  
Content Type ◽  
The Public ◽  
Tax Management ◽  
Functional Teams ◽  
Practical Implications

Purpose The aim of this paper is to characterize how innovation may happen through cross-functional teams (CFT) in an organization of the public sector. Design/methodology/approach A case study helped to characterize several behavior patterns, team structures and respective links with generating innovation in internal processes and public answering contexts. Findings The results highlight that formal-temporary teams present a higher capacity to generate incremental innovation in products, whereas permanent-informal teams have a higher capacity to generate innovation in the internal processes and public answering contexts. Research limitations/implications The limitations of this research relate to the fact that this is a single case study, and although it is an important case to examine innovation and CFTs, by its very nature, it is not possible to extend and generalize the obtained data to other organizations. The evaluation of its propositions was merely qualitative, and future research is needed to validate its characteristics. Practical implications Several settings of CFTs are presented, as well as their ability to generate different types of innovation, such as the computerization of documents, petitions and papers, which decreases the time to answer the taxpayer. Moreover, CFTs can help to create products, such as computer programs that can be used not only locally but also in several public organizations related to tax management. Originality/value The field research provides the perceptions of the respondents regarding CFT characteristics that can lead to specific types of innovation, as well as the types of products or services that can be generated by these processes.

Asset recovery in corruption cases

2016 ◽  
Vol 19 (1) ◽  
pp. 4-20 ◽  
Author(s):  
Peter Leasure
Keyword(s):  
Vice President ◽  
Comparative Case Study ◽  
Content Type ◽  
Case Study Analysis ◽  
Asset Recovery ◽  
The Us ◽  
Quasi Experimental ◽  
The Usa ◽  
The Republic

Purpose – Asset recovery proceedings increasingly target corrupt foreign officials who acquire lavish assets as a result of capital gained through criminal acts. One extremely difficult issue arising in asset recovery proceedings is whether the capital used to acquire the assets can be traced to a criminal act. The purpose of this paper is to critique US tracing procedure through comparative analysis. Design/methodology/approach – A prominent series of cases brought by the USA and France against assets owned by Teodoro “Teodorín” Nguema Obiang, second Vice President of the Republic of Equatorial Guinea, produced mixed results on the tracing element. This paper utilizes a qualitative comparative case analysis to examine the US and French cases. Findings – The US results reflect serious weaknesses in the US law as compared to more effective French asset recovery procedure. Originality/value – Though this paper is certainly a comparative case study analysis, nearly identical facts and two different jurisdictions reaching separate conclusions bring us in the legal community as close as we can realistically come to quasi-experimental research. Comparative research in this area is severely lacking and sorely needed. The mechanisms identified in the French system clearly show flaws that are present in the US system.

Delivering a shared library management system for Wales

2016 ◽  
Vol 37 (6/7) ◽  
pp. 385-395 ◽  
Author(s):  
Gareth Wyn Owen
Keyword(s):  
Management System ◽  
Review Of Literature ◽  
Content Type ◽  
Implementation Phase ◽  
Library Management ◽  
First Case ◽  
Library Management System ◽  
The Uk ◽  
Practical Implications

Purpose A case study of the Wales Higher Education Libraries Forum (WHELF) project to procure and implement a shared library management system (LMS) for all universities in Wales, together with the National Health Service Libraries in Wales and the National Library of Wales. In particular, the purpose of this paper is to explore the drivers to this collaboration, outline the benefits achieved and the framework to realise further benefits. Design/methodology/approach Case study review of the process, together with a review of literature on consortia and LMSs. Findings WHELF has developed into a more mature consortium through procuring and implementing a shared LMS. The process has delivered tangible benefits and is driving more work to realise further benefits. Research limitations/implications As the WHELF Shared LMS project is only nearing the end of the implementation phase, many of the anticipated operational benefits cannot be reported. Practical implications Useful case study for other consortia or potential consortia. Originality/value WHELF is in vanguard of consortia developments in the UK, and this is the first case study of the project.

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