Journal of Financial Crime
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1494
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21
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Published By Emerald (Mcb Up )

1359-0790

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dian Anita Nuswantara

Purpose This paper aims to reframe the whistleblowing process by examining the individual and situational factors that have been overlooked by prior studies. Ethical climate, public service motivation (PSM), organisation identification and psychological safety are inquired. Design/methodology/approach The present study sample was drawn from a population of Indonesian local governments located in east Java, Indonesia. Particularly, self-administered questionnaires were hand-distributed to the employees in the four local governments. Of 2,169 questionnaires distributed to the employees, 1,687 questionnaires were returned to the researcher. However, the researcher removed 33 returned questionnaires because of poor data quality, such as incomplete answers. Thus, only 1,654 questionnaires were analysed in this study. Findings The findings support the idea of an ethical climate that can encourage the individual to blow the whistle. However, its effect is indirect. The predictive power of ethical climate on the individual’s whistleblowing intentions depends on the meditating roles of PSM, psychological safety and organisation identification. Interestingly, the mediating effects of PSM, psychological safety and organisation identification are extremely acknowledged when individuals have an opportunity to choose internal or external disclosures. Originality/value This study produces a different approach to understanding people’s intentions to report any wrongdoings. This study is dissimilar from prior studies in terms of the theoretical paradigm and research design. Previous studies mostly used students as their experiments. In contrast, the current study recruited employees who work in local governments. This situation fundamentally affects the understanding of the impact of an ethical climate on the individual intention to blow the whistle.


2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Madina О. Kassimova ◽  
Yerbol A. Omarov ◽  
Ramazan R. Zhilkaidarov ◽  
Yerlan S. Abulgazin ◽  
Ainur A. Sabitova

Purpose The fight against corruption, which undermines the efficiency of the state apparatus and public confidence in public institutions, remains one of the critical present-day tasks. In this regard, the purpose of this study is to identify the available possibilities and real practice of law enforcement of the norms on investigative prevention, the practical significance of this institution and its potential. Design/methodology/approach The study investigated theoretical materials on criminological prevention, legislative norms and available law enforcement practice. Findings It was discovered that, in general, the available statutory regulation is insufficient for the full-fledged practical implementation of the potential of investigative prevention. An exception is specialised prevention, assigned as one of the main tasks to the Agency of the Republic of Kazakhstan for Combating Corruption. Proposals have been formulated to improve anti-corruption investigative prevention in other bodies of pre-trial investigation, considering the identified risks. Originality/value The uniqueness of the situation lies in the fact that the existence of the institution of investigative prevention, in fact, is limited to the post-Soviet space. The elimination of formalism in the approach to this method of crime prevention can contribute to greater efficiency in the fight against crime, including corruption.


2022 ◽  
Vol 29 (1) ◽  
pp. 1-3
Author(s):  
Barry Rider OBE

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gabriella Marcatajo

Purpose The purpose of this paper is to offer some reflection on the importance of reliable green claims to encourage sustainable production. The role of market is fundamental. Businesses and consumers are both involved in achieving environmental protection objectives. There is the real risk of the phenomenon of so-called green washing or misleading marketing. The problem arises of verifying the reliability of green claims to prevent competitive elements from become distorting factors of competition. Design/methodology/approach Based on the analysis of a European programme, the author shows how in Italy there is a dangerous lack of consumer protection. For this reason the European and national authorities have provided that green claims must be true, reliable, verifiable and comparable, but it is necessary that consumers be protected, through a certification system that makes it possible to certify the veracity of green claims. The problem is that a number of certification systems have been adopted in Europe which undermine the competitiveness of the market for green products. Findings This work aims to identify the tools necessary to make green indications more reliable, but above all to create a common methodology on which to base them. In this direction, companies wishing to advertise the ecological characteristics of their products should be required to provide the supporting demonstrations on the basis of a standard methodology assessing their actual environmental impact. Originality/value This work will examine the problem of green washing and the importance of reliable green claims for environmental protection. To the best of the author’s knowledge, this paper is the original work of the author and has not been submitted elsewhere for publication.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anara S. Berdaliyeva ◽  
Alexandr I. Kim ◽  
Aliya M. Seraliyeva ◽  
Aivazkhan A. Gassanov ◽  
Makhambet V. Dunentayev

Purpose Despite all the anti-corruption measures and anti-corruption initiatives, people offer or accept bribes without any hesitation. As anywhere in the world, the negative consequences of corruption lead to a reduction in direct investment, increase inequality and poverty, distort and use public investment and reduce public revenues. The purpose of this article is to study the criminological measures to counteract corruption offences in the field of illegal gambling. Design/methodology/approach The methodological basis of the study is the provisions of the theory of knowledge: the laws of dialectical materialism, philosophical categories and scientific principles of cognition of social and legal reality. Findings Although many components of foreign state anti-corruption programmes are quite problematic to apply in modern realities in the Republic of Kazakhstan, according to legal scholars, through gradual implementation into the legislation of the Republic of Kazakhstan because of the systematic improvement by the state of the content of regulations and responsible implementation of anti-corruption strategies. In this regard, one of the conditions in the fight against corruption is actions aimed at using the best practices of countries that are similar to each other in terms of religion, habits, traditions, ethics and morality. Originality/value Anti-corruption initiatives using information and communication technologies, such as digital public services and e-government, crowdsourcing platforms, tools for exposing, transparency portals, blockchain and artificial intelligence technologies can provide significant assistance in combating manifestations of corruption in the field of illegal gambling on the internet in the Republic of Kazakhstan.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nursulu Zh. Siubayeva ◽  
Aigul M. Kalguzhinova ◽  
Darkhan O. Ozbekov ◽  
Saule S. Serikbayeva ◽  
Kamshat S. Amirbek

Purpose In accordance with the country’s programme documents, the fight against corruption, defined as the most important strategic priority of the national policy of the Republic of Kazakhstan, acquires consistent political and legal support. The purpose of this paper is to study the criminal law combating corruption in the Republic of Kazakhstan. Design/methodology/approach In this paper, the methods of historical analysis of the current legal provisions, analysis of the compositions of malfeasances and synthesis were used. Findings This study considered the main historical stages and aspects of the development of modern legislation of criminal liability for corruption offences. The authors of this study provided sound proposals for improving the current legislation of the Republic of Kazakhstan. Originality/value This paper argues the need to develop corruptology as an independent interdisciplinary scientific area, the subject of which would be corruption as a political, sociological, economic, legal and criminological phenomenon; features of corruption and combating it throughout the history of state–legal relations.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nadja Capus ◽  
Kei Hannah Brodersen

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Avitus Agbor Agbor

Purpose In total, 10 years since the establishment of the Special Criminal Court (SCC) in Cameroon to deal with a specific kind of corruption, one may wonder whether any achievements have been made so far in fulfilling its mandate and also assuaging the tense and toxic perception that the Court was established as an arsenal to witch-hunt political opponents. This study aims to look into the work done so far in this regard, and makes an assessment as to whether any accomplishments have been made in the first decade of its establishment. Design/methodology/approach This paper takes an evidence-based approach in seeking answers to what accomplishments, if any, have been made by the Court, explores the notion of corruption within Cameroon’s legislative and institutional landscape prior to the establishment of the Court and looks into the profiles of those who have been indicted by the SCC for that crime; the amounts that were misappropriated and for which they were convicted; the sentences imposed. It identifies some outstanding cases: where the amounts misappropriated exceeded a threshold and asks the question of what made it possible for these individuals to misappropriate such huge sums of money? Findings The inconsistencies and irrationality in the sentencing are a few findings made. Added to those is the timing of the establishment of the Court which, as most have perceived, is a political witch-hunting aimed at bringing credibility to a failed regime, as well as deal with a few political “irresponsibles” who were once the president’s buddies. Research limitations/implications This research unravels key insights into the functioning of the SCC. It advances the knowledge thereon and adds to the literature on corruption in Cameroon. Practical implications The establishment of the SCC is commendable. However, as it deals with but a particular kind of corruption, it might be necessary to rethink the need of additional institutional mechanisms that have specialized jurisdiction to deal with the different kinds of corruption in Cameroon. Social implications The paper highlights the entrenched nature of corruption in the social fabrics of Cameroonian society, and exposes the need for a much holistic approach in dealing with corruption, as the SCC offers but one institutional mechanism toward that direction. Originality/value This paper, given the issues discussed therein, and considering the dearth of literature on the topic, advances the literature on the SCC in particular and the problem of endemic corruption in Cameroon in general.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Anam Yasir ◽  
Alia Ahmed ◽  
Leena Anum

Purpose The purpose of this paper is to highlight those factors which involve elite class criminals in corporate financial crimes. This research implies the fact that the study of criminal behavior is pivotal for finding out the reasons behind such crimes. Design/methodology/approach By describing theories of criminology, researchers assess the nature of financial criminals in Pakistan from a theoretical perspective. Findings Elite-class people commit crimes upon perceiving high benefits and less punishment. Moreover, the social environment contributes greatly to inducing criminal behavior. Research limitations/implications Explanation of criminal behaviors provided in the study will be helpful in providing directions for the prevention of such criminal actions in the future. Originality/value This research examines the criminal behavior of elite class crimes from the theoretical perspective which will be significant in the prevention of such behaviors.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nataliia A. Lytvyn ◽  
Olena V. Artemenko ◽  
Svitlana S. Kovalova ◽  
Maryna P. Kobets ◽  
Elena V. Kashtan (Grygorieva)

Purpose The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption. Design/methodology/approach Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished. Findings The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied. Practical implications The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years. Originality/value Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.


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