Pub Date : 2023-11-14DOI: 10.1007/s10611-023-10126-6
Brandon Christopher Dulisse, Nathan Connealy, Matthew William Logan
{"title":"The influence and role of cryptoculture on target congruence in cryptocurrency investment behavior: a theoretical model","authors":"Brandon Christopher Dulisse, Nathan Connealy, Matthew William Logan","doi":"10.1007/s10611-023-10126-6","DOIUrl":"https://doi.org/10.1007/s10611-023-10126-6","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134991495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-02DOI: 10.1007/s10611-023-10124-8
Aykut Çalışkan
{"title":"Crime, pandemic and social mobility: Empirical evidence from Türkiye","authors":"Aykut Çalışkan","doi":"10.1007/s10611-023-10124-8","DOIUrl":"https://doi.org/10.1007/s10611-023-10124-8","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135933942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-26DOI: 10.1007/s10611-023-10123-9
Jack Adam Lampkin, Bill W. McClanahan
Abstract Mining for natural resources on-Earth is commonplace and dates back over a hundred years at an industrial scale. Technological advances in outer space exploration are enabling the mining of extraterrestrial resources to transition from mere science fiction, to a serious possibility. In recent decades, several new start-up companies have arisen with the sole intention of exploiting resources that exist in outer space, such as on Earth’s moon, asteroids, meteorites, planets, and various planetary satellites, such as the moons of Mars - Phobos and Diemos. However, despite the increased investment and interest in space mining, criminologists have remained virtually silent on outer space issues. In this paper we adopt a green criminological approach to explain the emergence of outer space mining, and argue that now is the time to be researching and debating the phenomenon of extraterrestrial mining in order to prevent future social and environmental harm (following the precautionary principle of environmental law). To do this, the paper does three things. Firstly, it examines strategies for conducting space mining (such as its feasibility, probable locations, and innovative mining techniques). Secondly, it analyses the terrestrial and extraterrestrial impacts of space mining, unveiling several avenues for the creation of social and environmental harm. Finally, it uses a green criminological approach to justify the rationale for engaging legal scholars and criminologists with problematic space mining issues. The paper concludes that now is the time to discuss these issues, prior to the industrialisation and exploitation of unique celestial bodies.
{"title":"Astronomical withdrawals: a green criminological examination of extreme energy mining on extraterrestrial objects","authors":"Jack Adam Lampkin, Bill W. McClanahan","doi":"10.1007/s10611-023-10123-9","DOIUrl":"https://doi.org/10.1007/s10611-023-10123-9","url":null,"abstract":"Abstract Mining for natural resources on-Earth is commonplace and dates back over a hundred years at an industrial scale. Technological advances in outer space exploration are enabling the mining of extraterrestrial resources to transition from mere science fiction, to a serious possibility. In recent decades, several new start-up companies have arisen with the sole intention of exploiting resources that exist in outer space, such as on Earth’s moon, asteroids, meteorites, planets, and various planetary satellites, such as the moons of Mars - Phobos and Diemos. However, despite the increased investment and interest in space mining, criminologists have remained virtually silent on outer space issues. In this paper we adopt a green criminological approach to explain the emergence of outer space mining, and argue that now is the time to be researching and debating the phenomenon of extraterrestrial mining in order to prevent future social and environmental harm (following the precautionary principle of environmental law). To do this, the paper does three things. Firstly, it examines strategies for conducting space mining (such as its feasibility, probable locations, and innovative mining techniques). Secondly, it analyses the terrestrial and extraterrestrial impacts of space mining, unveiling several avenues for the creation of social and environmental harm. Finally, it uses a green criminological approach to justify the rationale for engaging legal scholars and criminologists with problematic space mining issues. The paper concludes that now is the time to discuss these issues, prior to the industrialisation and exploitation of unique celestial bodies.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135012344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-19DOI: 10.1007/s10611-023-10122-w
Kristian Lasslett, Nadja Capus
Abstract The role which corporate and financial secrecy vehicles play in enabling transnational corruption has justifiably received growing scholarly and policy interest. Less attention, however, has been given to the enabling role played by political secrecy vehicles. Political secrecy vehicles denote arrangements that allow individuals to clandestinely exercise public authority, which is concealed by a formal bureaucratic façade. This article develops analytical categories for deconstructing political secrecy structures and pinpointing the threat they pose to anti-corruption enforcement. These structures and threats are then empirically explored through an investigative case study. The case study plots how shadow political space in Uzbekistan and the simulacra of impartial public administration, was utilised by a kleptocratic syndicate to conceal an international bribery scheme, and then weaponised by the conspirators to successfully frustrate enforcement efforts in Europe. Drawing on key lessons from the case study, proposals are made for how the threats posed by political secrecy structures can be jurisprudentially and practically counteracted.
{"title":"Shadow state structures and the threat to anti-corruption enforcement: evidence from Uzbekistan’s telecommunications bribery scandal","authors":"Kristian Lasslett, Nadja Capus","doi":"10.1007/s10611-023-10122-w","DOIUrl":"https://doi.org/10.1007/s10611-023-10122-w","url":null,"abstract":"Abstract The role which corporate and financial secrecy vehicles play in enabling transnational corruption has justifiably received growing scholarly and policy interest. Less attention, however, has been given to the enabling role played by political secrecy vehicles. Political secrecy vehicles denote arrangements that allow individuals to clandestinely exercise public authority, which is concealed by a formal bureaucratic façade. This article develops analytical categories for deconstructing political secrecy structures and pinpointing the threat they pose to anti-corruption enforcement. These structures and threats are then empirically explored through an investigative case study. The case study plots how shadow political space in Uzbekistan and the simulacra of impartial public administration, was utilised by a kleptocratic syndicate to conceal an international bribery scheme, and then weaponised by the conspirators to successfully frustrate enforcement efforts in Europe. Drawing on key lessons from the case study, proposals are made for how the threats posed by political secrecy structures can be jurisprudentially and practically counteracted.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135730417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-05DOI: 10.1007/s10611-023-10121-x
Shuqin Mei
{"title":"Trafficking North Korean women into China for forced marriage: Evidence from court judgments","authors":"Shuqin Mei","doi":"10.1007/s10611-023-10121-x","DOIUrl":"https://doi.org/10.1007/s10611-023-10121-x","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134976267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-27DOI: 10.1007/s10611-023-10110-0
Jon Davies, Hanna Maria Malik, Anniina Jokinen, Saara Haapasaari
Abstract Numerous corporate and state processes have long underpinned harms related to human trafficking and exploitation. A consequence of these processes has been a growing interest in how public and private sector organisations co-operate to address key challenges, including accountability for alleged exploitation. The purpose of this article is to examine these public-private sector dynamics in the Finnish construction industry, with a particular emphasis on how stakeholders respond to challenges associated with human trafficking, corporate social responsibility (CSR), and the ‘grey economy’. The core argument developed is that despite a strong regulatory framework in Finnish construction, significant aspects of corporate compliance rely on companies’ voluntary efforts, whereby public sector authorities can have competing views of solutions to address trafficking and exploitation. This paper contributes to existing discussions within white-collar and corporate crime on the dynamics of CSR, and how these apply to the broader context of the grey economy.
{"title":"Private and public co-operation in preventing and addressing corporate crime: the case of labour trafficking in the Finnish construction industry","authors":"Jon Davies, Hanna Maria Malik, Anniina Jokinen, Saara Haapasaari","doi":"10.1007/s10611-023-10110-0","DOIUrl":"https://doi.org/10.1007/s10611-023-10110-0","url":null,"abstract":"Abstract Numerous corporate and state processes have long underpinned harms related to human trafficking and exploitation. A consequence of these processes has been a growing interest in how public and private sector organisations co-operate to address key challenges, including accountability for alleged exploitation. The purpose of this article is to examine these public-private sector dynamics in the Finnish construction industry, with a particular emphasis on how stakeholders respond to challenges associated with human trafficking, corporate social responsibility (CSR), and the ‘grey economy’. The core argument developed is that despite a strong regulatory framework in Finnish construction, significant aspects of corporate compliance rely on companies’ voluntary efforts, whereby public sector authorities can have competing views of solutions to address trafficking and exploitation. This paper contributes to existing discussions within white-collar and corporate crime on the dynamics of CSR, and how these apply to the broader context of the grey economy.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135537001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-23DOI: 10.1007/s10611-023-10120-y
Anna Merz
Abstract Much literature has focused on societal responses to corporate scandals, either by authorities or the public. However, there is little research on responses to corporate deviance by peers (corporations in the same industry). As corporations face a Zeitgeist characterised by increased attention to, and disapproval of, corporate deviance, they are compelled to respond to the external ‘labelling’ of their behaviour, as well as that of their peers. In this context of increasing public scrutiny, this article explores how (employees at) corporations respond to deviant peer behaviour. To examine this question, the case study of non-compliance with anti-money laundering (AML) regulations in the Dutch banking industry is utilised. Six stages of peer interactions were identified, namely, panic and fear, comparing practices, distancing, investing, and cooperation and defiance. In these six stages, condemnation between peers is incidental and mainly functions as a tool to guard their reputation (defence mechanism). Peer responses are determined by characteristics of the act (severance of the violation), actor (comparability and identification as peers), the audience (type of enforcement and public attention), and the situation (knowledge on the violation). As AML cases spread become more frequent across the industry, defence mechanisms also expand, thereby resulting in cooperation between banks and defiance of regulators.
{"title":"‘It could have been us’. Peer responses to money-laundering violations in the Dutch banking industry","authors":"Anna Merz","doi":"10.1007/s10611-023-10120-y","DOIUrl":"https://doi.org/10.1007/s10611-023-10120-y","url":null,"abstract":"Abstract Much literature has focused on societal responses to corporate scandals, either by authorities or the public. However, there is little research on responses to corporate deviance by peers (corporations in the same industry). As corporations face a Zeitgeist characterised by increased attention to, and disapproval of, corporate deviance, they are compelled to respond to the external ‘labelling’ of their behaviour, as well as that of their peers. In this context of increasing public scrutiny, this article explores how (employees at) corporations respond to deviant peer behaviour. To examine this question, the case study of non-compliance with anti-money laundering (AML) regulations in the Dutch banking industry is utilised. Six stages of peer interactions were identified, namely, panic and fear, comparing practices, distancing, investing, and cooperation and defiance. In these six stages, condemnation between peers is incidental and mainly functions as a tool to guard their reputation (defence mechanism). Peer responses are determined by characteristics of the act (severance of the violation), actor (comparability and identification as peers), the audience (type of enforcement and public attention), and the situation (knowledge on the violation). As AML cases spread become more frequent across the industry, defence mechanisms also expand, thereby resulting in cooperation between banks and defiance of regulators.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135958360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-22DOI: 10.1007/s10611-023-10116-8
Myrna Calmon Santos de Souza, Rodrigo Silva de Souza
Abstract Given the recent recurring cases of financial crime worldwide, national and international regulators have enacted new regulatory instruments intended to prevent or inhibit unlawful acts by banks and their representatives. These stricter regulations regarding the operations of financial institutions have reinforced the importance of best practices and the role of compliance within banks. Nonetheless, regulations regarding compliance structures and functions are not yet mandatory and give great flexibility to banks to define how they will set their compliance programmes. This research aims to understand how compliance functions have been implemented in the two largest banks in the UK and Brazil as a governance mechanism to fight financial crimes such as bribery and corruption. Document analyses of websites and financial reports of these banks examine disclosures provided by these corporations and shed light on the main drivers influencing their transparency regarding compliance functions, roles and responsibilities and their connections to the bank’s operations and profitability goals. This research demonstrates that the implementation and enhancement of compliance functions in UK and Brazilian banks are driven by attempts to respond to regulatory requirements, social demands and as a reputational risk instrument, reflecting different levels of development in each institution. The maturity of these disclosures demonstrates that Brazilian banks present a more reactive attitude, justifying their investments in compliance according to minimum law requirements, while banks in the UK tend to have a more proactive perspective on their compliance initiatives, reinforcing their importance for the bank’s competitive advantage and long-term continuity beyond regulatory compliance.
{"title":"Law enforcement, social demands and reputation risks as drivers of compliance functions: a comparative analysis of the largest banks’ disclosures in the UK and Brazil","authors":"Myrna Calmon Santos de Souza, Rodrigo Silva de Souza","doi":"10.1007/s10611-023-10116-8","DOIUrl":"https://doi.org/10.1007/s10611-023-10116-8","url":null,"abstract":"Abstract Given the recent recurring cases of financial crime worldwide, national and international regulators have enacted new regulatory instruments intended to prevent or inhibit unlawful acts by banks and their representatives. These stricter regulations regarding the operations of financial institutions have reinforced the importance of best practices and the role of compliance within banks. Nonetheless, regulations regarding compliance structures and functions are not yet mandatory and give great flexibility to banks to define how they will set their compliance programmes. This research aims to understand how compliance functions have been implemented in the two largest banks in the UK and Brazil as a governance mechanism to fight financial crimes such as bribery and corruption. Document analyses of websites and financial reports of these banks examine disclosures provided by these corporations and shed light on the main drivers influencing their transparency regarding compliance functions, roles and responsibilities and their connections to the bank’s operations and profitability goals. This research demonstrates that the implementation and enhancement of compliance functions in UK and Brazilian banks are driven by attempts to respond to regulatory requirements, social demands and as a reputational risk instrument, reflecting different levels of development in each institution. The maturity of these disclosures demonstrates that Brazilian banks present a more reactive attitude, justifying their investments in compliance according to minimum law requirements, while banks in the UK tend to have a more proactive perspective on their compliance initiatives, reinforcing their importance for the bank’s competitive advantage and long-term continuity beyond regulatory compliance.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136062145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-21DOI: 10.1007/s10611-023-10114-w
Andrea J. Nichols, Erin J. Heil
{"title":"An integrated model of human trafficking response in the prosecution process: restorative justice, therapeutic jurisprudence, survivor centered practice and anti-oppressive practice","authors":"Andrea J. Nichols, Erin J. Heil","doi":"10.1007/s10611-023-10114-w","DOIUrl":"https://doi.org/10.1007/s10611-023-10114-w","url":null,"abstract":"","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136154813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-21DOI: 10.1007/s10611-023-10111-z
Jana Macfarlane Horn
Abstract Corporate crime is often misrepresented in crime media as individual wrongdoing with minor consequences. Despite considerable research on corporate crime in news, there has been no examination of quality media sources, upon which this paper focuses. This paper presents an exploratory study of the first week of framing corporate crime in UK-based online quality press outlets: The Guardian, The Independent, and The Telegraph. It does so by examining three major corporate crimes of the last decade: the Grenfell Tower fire, the London Inter-Bank Offered Rate (LIBOR) manipulation, and Volkswagen emissions manipulation. Methodologically, the paper is based upon an adapted version of Robert Entman’s media theory of framing by using the framing elements of perpetrator, cause of crime, victimization and punishment to explore what and how frames are being used in each outlet. It is found that even the most critical mass media outlets resort to accidental narrative frames that fail to address criminal (in-)justice. I conclude with a discussion of the implications of these findings for an understanding of the variance in quality press outlets’ frames of corporate crime that warrants further research.
{"title":"Accident, scandal, disaster: the media framing of corporate crime","authors":"Jana Macfarlane Horn","doi":"10.1007/s10611-023-10111-z","DOIUrl":"https://doi.org/10.1007/s10611-023-10111-z","url":null,"abstract":"Abstract Corporate crime is often misrepresented in crime media as individual wrongdoing with minor consequences. Despite considerable research on corporate crime in news, there has been no examination of quality media sources, upon which this paper focuses. This paper presents an exploratory study of the first week of framing corporate crime in UK-based online quality press outlets: The Guardian, The Independent, and The Telegraph. It does so by examining three major corporate crimes of the last decade: the Grenfell Tower fire, the London Inter-Bank Offered Rate (LIBOR) manipulation, and Volkswagen emissions manipulation. Methodologically, the paper is based upon an adapted version of Robert Entman’s media theory of framing by using the framing elements of perpetrator, cause of crime, victimization and punishment to explore what and how frames are being used in each outlet. It is found that even the most critical mass media outlets resort to accidental narrative frames that fail to address criminal (in-)justice. I conclude with a discussion of the implications of these findings for an understanding of the variance in quality press outlets’ frames of corporate crime that warrants further research.","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136235324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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