Lawsuits raise cost and existential risks for US tech

2021 ◽  
Keyword(s):  
Law Enforcement ◽  
Financial Risks ◽  
Business Practices ◽  
Regulatory Oversight ◽  
Content Type ◽  
Regulated Industries ◽  
Liability Risks ◽  
Laws And Regulations

Significance Plaintiffs range from users, customers, app developers, investors, competitors, employees (current and former), law enforcement and tax agencies. They are seeking redress for alleged harm across a gamut of the companies’ business practices, creating financial risks for many firms and existential risks for a few. Impacts Losing privately brought lawsuits will disadvantage tech companies’ efforts to rebuff enhanced regulatory oversight. Some tech companies will initiate litigation to contest laws and regulations they consider a restraint on their businesses. As app platforms penetrate regulated industries such as finance and healthcare, liability risks will rise.

Allegation of diversion of recovered proceeds of crime: defect in the EFCC Act 2004 and the need for amendment

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sirajo Yakubu
Keyword(s):  
Law Enforcement ◽  
Personal Experience ◽  
Design Methodology ◽  
Financial Crime ◽  
Content Type ◽  
National Assembly ◽  
Personal Use ◽  
Proceeds Of Crime ◽  
Economic Crimes ◽  
Laws And Regulations

Purpose The purpose of this paper is to critically examine the Economic and Financial Crime Act 2004 to investigate whether there are defects in the 2004 Acts which enable abuse of the system by those who are responsible for fighting corruption and other economic crimes in Nigeria. Design/methodology/approach The paper adopts qualitative methods of research. The research studied the laws and regulations relevant to the recovery and management of proceeds of crime. However, personal experience of the author in the civil service, security and law enforcement accounts significantly. Findings The paper finds that the provisions of the EFCC Act 2004 relevant to the recovery of proceeds of crime and management of recovered assets are defective. The 2004 Act contains loopholes that enable mismanagement and diversion of recovered assets for personal use. Although the EFCC Act empowers the Minister of Justice to issue Regulations to regulate the activities of the EFCC, the Asset Tracing, Recovery and Management Regulations 2019 the Minister of Justice issued cannot be used to close the loopholes. Thus, there is an urgent need to amend the EFCC Act 2004. Research limitations/implications Non-availability of data on the mismanagement of seized and recovered assets is a severe limitation. Thus, analysis in this research focuses on the laws and regulations to illustrates the defects in the 2004 Act. Also, the study could only use reported cases and incidence of corruption among the security and law enforcement to illustrate unsuitability of security and law enforcement for the position of the chairman of the EFCC. Originality/value There is no comprehensive work that examines the defects of the provisions of the 2004 Act that breeds lack of transparency in the recovery of proceeds of crime as well as mismanagement of recovered assets. Therefore, this paper is of value to the Nigerian Government and the National Assembly in considering amendments to the EFCC Act 2004. The paper is also of importance to researchers.

Money laundering through raw diamonds

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Fabian Maximilian Johannes Teichmann ◽  
Marie-Christin Falker
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Qualitative Content Analysis ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Compliance Officers ◽  
German Speaking ◽  
Three Stages ◽  
Practical Implications ◽  
Combat Money Laundering

Purpose This paper aims to illustrate how illegally obtained funds are laundered through raw diamonds in Austria, Germany, Liechtenstein and Switzerland. Design/methodology/approach To identify specific money laundering techniques involving raw diamonds, this study used a qualitative content analysis of data collected from 60 semi-standardized interviews with both criminals and prevention experts and a quantitative survey of 200 compliance officers. Findings Raw diamonds are extraordinarily suitable for money laundering in European German-speaking countries. In particular, they may be used in all three stages of the laundering process, namely, placement, layering and integration. Research limitations/implications Because the qualitative findings are based on semi-standardized interviews, their insights are limited to the perspectives of the 60 interviewees. Practical implications Identifying gaps in existing anti-money laundering mechanisms should provide compliance officers, law enforcement agencies and legislators with valuable insights into how criminals operate. Originality/value While prior studies focus on the methods used by organizations to combat money laundering and how to improve anti-money laundering measures, this paper investigates how money launderers operate to avoid detection, thereby illustrating authentic experiences. Its findings provide valuable insights into the minds of money launderers and combines criminal perspective with that of prevention experts.

Family dynamics and gender perspective influencing copreneurship practices

2018 ◽  
Vol 26 (1) ◽  
pp. 14-33 ◽  
Author(s):  
Mário Franco ◽  
Patricia Piceti
Keyword(s):  
Gender Roles ◽  
Empirical Evidence ◽  
Family Dynamics ◽  
Family Firms ◽  
Business Management ◽  
Business Success ◽  
Business Practices ◽  
Content Type ◽  
The Family ◽  
And Gender

Purpose The purpose of this paper is to understand the family dynamics factors and gender roles influencing the functioning of copreneurial business practices, to propose a conceptual framework based on these factors/roles. Design/methodology/approach For this purpose, a qualitative approach was adopted, through the analysis of seven businesses created by copreneurial couples in an emerging economy – Brazil. Data were obtained from an open interview with each member of the selected couples who are in charge of firm management. Findings The empirical evidence obtained shows that the most important factors for successful copreneurial family businesses are professionalization, dividing the couple’s tasks and business management. Trust, communication, flexibility and common goals are other essential relational-based factors for the good functioning of this type of family business and stability in the personal relationship. Practical implications It is clear that professionalization and the separation of positions and functions are fundamental for a balance between business management and the couple’s marital life. When couples are in harmony and considering factors such as trust, communication and flexibility (relational-based factors), the firm’s life-cycle and business success become real and more effective. Originality/value From the family dynamics factors and gender roles, this study focused on one of the most important and integrated family firm relationships, copreneurial couples. As there is little research on the heterogeneity of family firms runs specifically by copreneurial couples, this study is particularly important and innovative in the context of a developing economy, such as Brazil. Based on empirical evidence, this study was proposed an integrative and holistic framework that shows the functioning of copreneurial businesses practices.

An investigation into the role of enterprise information systems in enabling business innovation

2015 ◽  
Vol 21 (4) ◽  
pp. 771-790 ◽  
Author(s):  
Luay Anaya ◽  
Mohammed Dulaimi ◽  
Sherief Abdallah
Keyword(s):  
Information Systems ◽  
Case Studies ◽  
United Arab Emirates ◽  
Clear Understanding ◽  
Business Practices ◽  
Enterprise Information ◽  
Content Type ◽  
Enterprise Information Systems ◽  
Business Innovation

Purpose – The purpose of this paper is to articulate clear understanding about the role of enterprise information systems (EIS) in developing innovative business practices. Particularly, it aims to explore the different ways that make EIS enables innovation development. Design/methodology/approach – The study adopted exploratory case study, based on qualitative approach. Investigations included two case studies each involved interviewing a number of senior information technology staff, working at these cases. Findings – The paper provides empirical insights about the EIS role in enabling innovation. The analysis of the case studies revealed that integrating an EIS with other system(s) or with digital devices can provide new practices that could not be easily available without these technologies. The study also found that applying data analytics tools into data accumulated from EIS, to extract new insights, lead to innovative practices. Practical implications – The study provides a set of recommendations for organizations interested to maximize the benefits from their investments in EIS. Originality/value – The paper provides evidences from cases in United Arab Emirates for the EIS role in enabling business innovation.

Organized crime in Brazil

2015 ◽  
Vol 18 (2) ◽  
pp. 234-247 ◽  
Author(s):  
George Henry Millard ◽  
Tim Hundleby
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Design Methodology ◽  
Research Needs ◽  
Content Type ◽  
Developmental Context

Purpose – The purpose of this paper is to look at the origins and development of organized crime in Brazil. Design/methodology/approach – The authors draw on their experience working in law enforcement for many years in Brazil. Findings – The paper outlines the major crimes committed by organized crime in Brazil and the structure of the main organization carrying them out. Research limitations/implications – The research concentrates on São Paolo and further research needs to be done. Originality/value – This is the first attempt to put the development of organized crime in Brazil into a historical and developmental context.

FATCA violation underlies latest US tax and securities fraud charges

2015 ◽  
Vol 16 (1) ◽  
pp. 74-76
Author(s):  
Miriam Fisher ◽  
Brian McManus
Keyword(s):  
Law Enforcement ◽  
Service Providers ◽  
Task Force ◽  
Tax Compliance ◽  
Financial Fraud ◽  
Securities Fraud ◽  
Content Type ◽  
The Impact ◽  
First Time ◽  
Practical Implications

Purpose – To explain the details and implications of a September 9, 2014 federal indictment, US v. Robert Bandfield, the first time a Foreign Account Tax Compliance Act (FATCA) violation has been charged as an “overt act” in furtherance of a tax conspiracy and securities fraud. Design/methodology/approach – Provides background, including the enactment of FATCA and the details of the indictment; describes an undercover investigation conducted by President Obama’s Financial Fraud Enforcement Task Force; and discusses the warnings this indictment sends to the global financial community. Findings – The indictment confirms the coordinated and aggressive tactics US law enforcement is now employing to investigate and prosecute offshore financial fraud. Practical implications – Banks and financial service providers need to be aware of the impact of enhanced US regulatory obligations and implement appropriate compliance measures. These institutions must also remain sensitive to risks presented by unscrupulous customers. Finally, they must be ready to manage appropriately information-gathering and investigatory inquiries originating with US authorities. Originality/value – Practical guidance from experienced tax controversy lawyers.

Adapting the scrum methodology for establishing the dynamic inter-organizational collaboration

2018 ◽  
Vol 31 (4) ◽  
pp. 852-866 ◽  
Author(s):  
Mohammad Reza Mollahoseini Ardakani ◽  
Seyyed Mohsen Hashemi ◽  
Mohammadreza Razzazi
Keyword(s):  
Value Added ◽  
Business Environment ◽  
Professional Organizations ◽  
Business Practices ◽  
Content Type ◽  
Incremental Method ◽  
Business Environments ◽  
Project Life Cycle ◽  
Modern Business ◽  
Project Life

Purpose The purpose of this paper is to propose an applicable method for establishing the dynamic inter-organizational collaborations (DIOCs) based on the scrum methodology. Design/methodology/approach The scrum methodology embedded within the context of the DIOC project life cycle was used and adapted to being usable with specific characteristics of the project. Findings In order to succeed in the highly competitive, dynamic and changing business environments, the organizations need to change their view of business practices. The transition from the traditional status of manufacturing to the inter-organizational collaborations can be one of the fundamental changes in the modern business management. The proposed method has the capability to establish DIOCs effectively and efficiently whilst guaranteeing agility, competitiveness, and risk timely management. Originality/value Establishing collaborative alliances via association of various experienced and professional organizations and producing the value-added market’s need services is an effective and efficient solution for survival of SMEs in the current competitive, dynamic and changing business environment. So far, different frameworks, reference models/architectures, and many theoretical discussions have been presented for DIOCs context, but these representations are conceptual, empirical and generic. This paper aims to propose an applicable iterative and incremental method for establishing the DIOC which guarantees the agility and risk timely management of the establishment process and promotes competitiveness of partners.

The mediating effect of supply chain flexibility on the relationship between supply chain integration and supply chain performance

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anurodhsingh Khanuja ◽  
Rajesh Kumar Jain
Keyword(s):  
Supply Chain ◽  
Survey Methodology ◽  
Mediating Effect ◽  
Supply Chain Integration ◽  
Supply Chain Performance ◽  
Business Practices ◽  
Chain Flexibility ◽  
Content Type ◽  
Supplier Integration ◽  
The Relationship

PurposeSupply chain integration (SCI) and flexibility (SCF) are recognised as crucial business practices and capability in the global competitive market. However, limited research has paid attention to study the relationship between SCI, SCF and their impact on supply chain performance (SCP). Therefore, the purpose of this paper is to establish a relationship between integration, flexibility and performance.Design/methodology/approachThe structural equation modelling technique was used to analyse the 187 data collected from Indian organisations through the survey methodology.FindingsFindings indicate that external integration contributes significantly to realise SCF and SCP. Sourcing and logistics flexibility also help to improve the SCP. The mediation analysis showed that the association of customer and supplier integration with SCP is partially and fully mediated by logistics flexibility, respectively. This study suggests that integration influences the SCP when the firm has a strong association with downstream partners and enough capability for logistics flexibility.Research limitations/implicationsThe study has collected cross-sectional data to analyse the relationship between SCI, SCF and SCP. However, as integration requires an effort of the years, longitudinal data and industry-specific studies may provide comprehensive views to validate the results of this study.Originality/valueBuilding on relational view theory and dynamic capability theory, the study has proposed the SCP assessment framework based on the relationship between SCI and SCF.

Drivers of the experience value of mobile money transfer service: Senegaleseuser perspectives

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ndeye Astou Manel Fall ◽  
Fatou Diop-Sall ◽  
Ingrid Poncin
Keyword(s):  
Value Creation ◽  
Behavioral Intentions ◽  
Individual Characteristics ◽  
Customer Relationship ◽  
Management Policy ◽  
Business Practices ◽  
Service Market ◽  
Content Type ◽  
Mobile Money ◽  
Money Transfer

Purpose Digital service innovations have enabled service market access, transforming Africa. This paper aims to investigate individual and contextual drivers of experience value of mobile money transfer (MMT) service during post-adoption given impacts of individual/cultural characteristics in Senegal. Design/methodology/approach Mixed methods. Study 1 qualitatively investigates the effects of individual-contextual drivers on the experience value of MMT and behavioral intentions. Study 2 quantitatively tests the main causal effects between drivers and MMT. Findings Conceptual models of experience value including ethical and social dimensions proposed in MMT are positively related to behavioral intentions. Need for social interaction (NSI), self-efficacy (SEFF) and social pressure (SP) – sources of experience value creation/destruction – must be integrated into business practices. Results show the indirect positive influence of NSI on behavioral intentions through MMTs experience value. Moreover, traditional cultural orientation (TCO) is a source of value creation/destruction. Managers should build ethical relations with users, integrate social functions in MMT and understand users’ cultural and individual characteristics for better customer relationship management policy. Originality/value Few studies examine how MMT experience creates/destroys value in a Sub-Saharan African context, specifically in Senegal. The authors show that SP might destroy value and reveal how individual variables such as SEFF, NSI and TCO affect experience value creation/destruction. Surprisingly, NSI creates value, revealing MMT as hybrid self-service technology.

Efektivitas Penegakan Hukum Terhadap Pelaku Usaha Yang Memproduksi dan Memperdagangkan Kosmetik Ilegal Berbahaya: Studi Polres Pelabuhan

2020 ◽  
Vol 1 (1) ◽  
pp. 59-81
Author(s):  
La Ode Muhammad Jefri Hamzah ◽  
Abdul Agis ◽  
Hamza Baharuddin
Keyword(s):  
Law Enforcement ◽  
Consumer Protection ◽  
Legal Status ◽  
Criminal Liability ◽  
Descriptive Study ◽  
Empirical Approach ◽  
Marketing Authorization ◽  
Legal Knowledge ◽  
Legal Structure ◽  
Laws And Regulations

Tujuan penelitian ini adalah untuk: (1) Menganalisis efektivitas pertanggungjawaban pidana terhadap pelaku usaha yang memproduksi dan memperdagangkan kosmetik ilegal berbahaya ditinjau dari Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen; dan (2) Menganalisis faktor-faktor yang mempengaruhi efektivitas pertanggungjawaban pidana terhadap pelaku usaha yang memproduksi dan memperdagangkan kosmetik ilegal berbahaya ditinjau dari Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Penelitian ini adalah penelitian deskriptif dengan pendekatan yuridis-empiris. Hasil penelitian menunjukkan bahwa: Penegakan hukum terhadap pelaku usaha yang memproduksi dan memperdagangkan kosmetik ilegal yang berbahaya di Wilayah Polres Pelabuhan Makassar terlaksana kurang efektif. Meskipun demikian, proses penegakan hukum yang dilakukan tersebut sudah mengacu pada ketentuan perundang-undangan yang berlaku, seperti tersangka Sdr. ARFANDY alias ARFANDY BIN MUSTAFA yang terbukti melakukan tindak pidana mengedarkan sediaan farmasi/ kosmetika yang tidak memiliki izin edar, sehingga tersangka dijerat dengan Pasal 197 Jo pasal 106 ayat (1) UU R.I. No. 36 Tahun 2009 tentang Kesehatan, dan juga dijerat dengan Pasal 62 Ayat (1) Jo Pasal 8 ayat (1) UU R.I No. 8 Tahun 1999 tentang Perlindungan Konsumen. Faktor substansi hukum, struktur hukum, budaha hukum, sarana dan prasarana, dan pengetahuan hukum kurang berpengaruh terhadap penegakan hukum terhadap pelaku usaha kosmetik illegal yang berbahaya di Polres Pelabuhan Makassar. The purpose of this study is to: (1) Analyze the effectiveness of criminal liability against business actors who produce and trade dangerous illegal cosmetics in terms of Law No. 8 of 1999 concerning Consumer Protection; and (2) Analyzing the factors that influence the effectiveness of criminal liability against business actors producing and trading dangerous illegal cosmetics in terms of Law No. 8 of 1999 concerning Consumer Protection. This research is a descriptive study with a juridical-empirical approach. The results of the study show that: Law enforcement against businesses that produce and trade dangerous cosmetics that are dangerous in the Makassar Port Police Area is ineffective. Nevertheless, the law enforcement process carried out has referred to the applicable laws and regulations, such as the suspect Br. ARFANDY alias ARFANDY BIN MUSTAFA who was proven to have committed a crime of distributing pharmaceutical / cosmetic preparations that did not have a marketing authorization, so that the suspect was charged with Article 197 Jo article 106 paragraph (1) of Law R.I. No. 36 of 2009 concerning Health, and also snared with Article 62 Paragraph (1) Jo Article 8 Paragraph (1) of Law R.I No. 8 of 1999 concerning Consumer Protection. The factors of legal substance, legal structure, legal status, facilities and infrastructure, and legal knowledge have less influence on law enforcement against dangerous cosmetics business operators in Makassar Port Police

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