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AbstractA significant amount of criminological research has focused on explaining the overrepresentation of Black individuals in crime, attributing them with disproportionate criminal involvement. However, evidence suggests that the most severe crimes, particularly elite white-collar crime, can be disproportionately attributed to White individuals. This study tests the Theory of Racial Privilege and Offending, which argues that racial dynamics in the United States shape cultural adaptations contributing to white-collar and corporate crime. These adaptations involve cognitive frameworks related to empathy, entitlement, and competition. The findings support the influence of race on financial conditions and racial isolation, mixed support for isolation’s impact on cognitive frameworks linked to criminality, and strong support for the direct impact of cognitive frameworks and crime-specific justifications on offending likelihood. The study concludes with implications for research and policy. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to discuss how agency conflicts between people and main government organs affect the combatting ability of white-collar money laundering in an emerging economy. Design/methodology/approach: This paper uses a qualitative design under the philosophy of interpretivism. The case study research strategy is used inductively to investigate how structural limitations affect white-collar money laundering. Findings: This study reveals that serious agency conflicts exist between public and main government organs which are detrimental to the rights of people to enjoy a crime-free society. First agency conflict of people and legislature intensifies as a result of limited understanding of the legislature and failure to take precautionary actions to develop an anti-money laundering and countering the financing of terrorism (AML/CFT) regime with evolving global standards. This delay has resulted in identifying Sri Lanka as a deficient AML/CFT regime twice. The second conflicts arise between people and the executive which is a serious conflict due to misuse of statutory power and failure to perform duties. The independence and integrity of administrative authorities who perform executive functions were inherent problems of implementing a sound AML/CFT regime. Lack of monitoring, nonavailability of an independent audit and inappropriate reporting channels were other encouraging factors of administrative organs to misuse statutory power. The third conflict between people and the judiciary was not intensified because the function was not so exposed to create agency conflicts. After all, an adequate number of cases had not proceeded to the judiciary due to inherent limitations as a result of intensified first two agency conflicts. The agency conflicts have intensified over the years and AML/CFT regime has been ineffective as a result of limited influence and understanding of the principal, people. Therefore, the principal has to influence the agents to make reforms in the AML/CFT regime to make the country a white-collar crime-free country. Research limitations/implications: This study uses a case study strategy to assess the context of Sri Lanka as an emerging economy. It is recommended to take into consideration the contextual facts when the findings are applied to other jurisdictions. Originality/value: This paper is an original work of the authors which discusses how agency conflicts arise between people and three main government organs in implementing a sound AML/CFT regime in Sri Lanka as an emerging economy. [ABSTRACT FROM AUTHOR]

From a zemiological perspective, organizations causing social harm in their pursuit of profit is a form of white-collar deviance. In the case of sport and violence committed by athletes outside of the field of play, the structures of professional sport and the decisions made by organizations can impact not only the athletes involved, but victims, potential victims and society at large. Interviewing National Basketball Association (NBA) and National Football League (NFL) front office members and journalists, I explore how teams in both elite professional sports leagues make player evaluation decisions regarding players who have been accused of criminality and violence against women, to assess sport organizations and leagues' role in the violence of athletes. Interviewees noted that the talent of the player, their ability to produce value for the organization, and the potential backlash from fans and media play a pre-eminent role in organizational decision-making. Paired with professional sport's privileging of dominance and aggression by athletes, this talent and production-based sanctioning of players accused of VAW illustrates organizational, league and capitalist sport structures' complicity in continued acts of violence by athletes. Implications for contemporary conceptualizations of deviant leisure and organizational white-collar crime are also discussed. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to understand the involvement of women in white-collar crime (WCC) also referred to as pink-collar crimes. WCC is present around the globe and has created a word for itself. Design/methodology/approach: The paper is designed by studying the WCC in the area of Iran, Portugal, Norway, India and the USA. Findings: The paper attempts to move beyond the traditional perspectives of emancipation versus focal concern, which argue that less inequality will increase women involvement in WCC versus women socializing into accepting responsibilities for social concerns by caring for others. Research limitations/implications: As the data is restricted, this study is based on the limited data available on the internet. Originality/value: This paper is an original work of the authors. [ABSTRACT FROM AUTHOR]

Recent decades have witnessed numerous headline stories about white-collar crimes. These crimes, causing considerable harm to organizations, individuals, and society, warrant closer study. This article describes financial white-collar offenders mostly from a medium or high socioeconomic background who abuse their positions. It presents theoretical explanations for white-collar offending, together with associated psychological, personality, and cognitive traits that impair rational decision-making. Regarding their punishment, doubts have been cast regarding the possibility that even harsh criminal punishment achieves the aim of deterrence for white-collar offenders. This does not mean that offenders should go unpunished, and in certain cases it would even be justified to deal with them severely. It does, however, require more meaningful goals to be set for their punishment, such as maintaining social order, retribution, and, in some cases, possibly rehabilitation through psychological treatment. Therapeutic intervention could be effective in helping white-collar offenders tackle the root causes of their behaviors and in reducing the likelihood of reoffending. [ABSTRACT FROM AUTHOR]

The principal aim of this study is to explore the applicability of the Business Model Canvas in comprehending and deconstructing the operational structure of white-collar crime, with specific emphasis on carding crime as a focal point. By combining insights from a Darknet-acquired criminal carding manual with the BMC, this research introduces an innovative method for understanding and addressing illicit activities. The application of the Canvas to deconstruct the key components of the carding ecosystem establishes a systematic framework for comprehending the motivations, operational procedures, resource allocation, and financial dynamics involved in such criminal activities. This study underscores the versatility and efficacy of the Business Model Canvas in unravelling intricate criminal networks and proposes a model for utilising this approach to investigate and combat a wider array of white-collar crimes. By highlighting the successful integration of the Canvas with the carding manual, this research sets the groundwork for employing similar methodologies in analysing and combating diverse forms of financial crimes, thus showcasing the potential for broader applications beyond the context of carding crime.

To comprehensively grasp, predict, and address the complexity of white collar crime, robust measurement tools are imperative. The burgeoning interdisciplinary interest in this domain has spurred the development of diverse assessment tools aimed at capturing offending behavior and its proxies. In the present paper, we provide an overview of the strengths and weaknesses of several commonly employed measures, including official statistics, victimization surveys, self‐report surveys, and (quasi)experimental measures. Drawing insights from this review, we then introduce a novel behavioral measure: the donation method. Although the task was originally designed to examine behaviors of interest to behavioral economists, we carefully outline strategies to refine and implement the donation method to assess white collar crime, addressing challenges such as task suitability and controlling for respondent behavior. Additionally, we provide a sample task to illustrate how such a tool could be used within this field. We conclude by underlining the appeal of adopting innovative measurement tools like the donation method to advance our collective understanding of white collar crime. By advocating for its widespread adoption and providing guidance for its use, we endeavor to catalyze progress in the field, facilitating unique insights and, potentially, more efficacious strategies for confronting and surmounting the methodological obstacles inherent in studying this elusive form of criminal activity. [ABSTRACT FROM AUTHOR]

The article explores the challenges of teaching ethics rules in professional responsibilities courses, specifically focusing on solicitation and third-party payment. It uses scenes from the TV show "Succession" to illustrate ethical dilemmas and engage students in discussions. The article emphasizes the importance of understanding and internalizing these rules to protect clients' interests and maintain the reputation of the legal profession. It also raises questions about ethical issues in attorney-client relationships, such as conflicts of interest and violations of professional conduct rules. [Extracted from the article]

Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called "white-collar" prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the United States actually prosecutes financial crime. It shows--contrary to dominant academic and public discourse--that the government prosecutes an enormous number of people for financial crimes and that these prosecutions disproportionately involve the least advantaged U.S. residents accused of low-level offenses. This empirical account directly contradicts the aspiration advanced by the FBI and Department of Justice that federal prosecution ought to be reserved for only the most egregious and sophisticated financial crimes. This Articles argues, in other words, that the term "white-collar crime" is a misnomer. To build this empirical foundation, the Article uses comprehensive data of the roughly two million federal criminal cases prosecuted over the last three decades matched to county-level population data from the U.S. Census. It demonstrates the history, geography, and inequality that characterize federal financial crime cases, which include myriad crimes such as identity theft, mail and wire fraud, public benefits fraud, and tax fraud, to name just a few. It shows that financial crime defendants are disproportionately lowincome and Black, and that this overrepresentation is not only a nationwide pattern, but also a pattern in nearly every federal district in the United States. What's more, the financial crimes prosecuted against these overrepresented defendants are on average the least serious. This Article ends by exploring how formal law and policy, structural incentives, and individual biases could easily create a prosecutorial regime for financial crime that reinforces inequality based on race, gender, and wealth. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this study is to explore the extent to which white-collar crime makes sense. Understanding business offending reflects the degree of sensemaking among respondents in the current survey research. Making sense implies a number of factors that influence understandability. An understandable act is not necessarily acceptable or justifiable. At a university in Iran, criminal law and criminology students answered a questionnaire regarding their extent of understanding of business offenders. Design/methodology/approach: The research method is the use of experimental data using a questionnaire in one of the units of the Islamic Azad University in Iran, where 300 students were invited to respond to an online survey. Findings: The respondents found it on average understandable that top executives and other privileged individuals abuse their positions to commit financial crime when they have problems with their personal finances, when the business struggles financially and faces the threat of bankruptcy, and when they offer bribes in corrupt countries to obtain business contracts. The extent of understandability varies with a number of propositions in the convenience theory. Originality/value: This article has not been submitted elsewhere and is original. [ABSTRACT FROM AUTHOR]

Purpose: To construct effective compliance programmes, the phenomenon of non-compliance and variations in its abidance must be elucidated. The purpose of this paper is to discuss the social reality of ethical decision making, which examines the internalisation of moral norms and realities of social behaviour and, therefore, the general non-compliance with everyday laws (Tyler, 2006). Design/methodology/approach: This paper makes use of several social theories, including social proof theory, traditional social theory and social control theory. Humans are social beings, and decision-making in ethics is strongly influenced by herding behaviour (Roy, 2021). The behaviour of others and normative ethical standards inform the compliance of behaviour to an undiminishable degree. Findings: Although there is a host of factors to consider, the success of compliance can largely be attributed to people's perception and reception of authority. The perception of authority and legitimacy plays a vital role in appreciating the complexity of rule following. Legitimacy, and its embodiment by persons in public roles, is a cornerstone of the subsequent discussion. Originality/value: This paper uncovers the underlying motivations of non-compliance as well as the social psychology involved in the ethics of compliance. Cross-disciplinary connections are made between the private and public sector and practical compliance recommendations. The significant impact of integrity culture and value-based compliance emerges from the dissection of the social reality. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this research is to analyze the role of gender in the commission of white collar crimes and investigate it in five countries: Norway, Portugal, America, India and Iran. Design/methodology/approach: Descriptive analytical method is used in this article. Findings: A total of five observations were examined about the rank and percentage of women's participation in white-collar crimes, namely, from Norway (rank 3, 7%), USA (rank 26, 5%), Portugal (29th rank, 13%), India (rank 135, 11%) and Iran (rank 143, 5%). As is visually obvious, there seems to be no relationship between the level of gender equality and the percentage of women involved in white-collar crimes. However, according to Hobbs, in most research, the issue of gender and its effect on the occurrence of white-collar crimes have not been addressed, but by using the limited statistics and limited information available, it can be concluded that a small number of women have committed this crime. According to global crime reports, only 15 out of 200 prosecutions for white-collar crimes involve women. Originality/value: To the best of the authors' knowledge, this article is original and has been submitted only to this journal and has not been submitted to another journal at the same time. [ABSTRACT FROM AUTHOR]

"Combating Money Laundering in Africa: Dealing with the Problems of PEPs" by John Hatchard is a comprehensive study on the issue of money laundering in sub-Saharan Africa, with a focus on politically exposed persons (PEPs). The book examines the challenges faced by African countries in combating money laundering and explores the role of PEPs in the process. Hatchard recommends a three-pronged approach to address the problem, including effective action at the national, transactional, and corporate levels. The book provides in-depth analysis and case studies to highlight the depth of the problem and advocates for the development of political will, economic sanctions, and asset recovery mechanisms to combat money laundering. [Extracted from the article]

The national authority Økokrim was established several decades ago to become a policing centre of excellence in the investigation and prosecution of economic and environmental crime in Norway that is especially concerned with white-collar and corporate crime. This article focusses on deterrence effects from Økokrim investigations that never lead to prosecution or conviction. The research raises the issue of the use of law enforcement publicity regarding investigations of potential offenders, often long before possible convictions. The issue is explored by the press releases from the Norwegian body. The apparent shift in strategy and practice at Økokrim might be explained by the devastating evaluation of the national authority some years ago. The evaluation was initiated after the Transocean court scandal where all defendants were acquitted of all charges. Deterrence strategy by investigations implies that Økokrim passes negative consequences on suspects who never have a chance to defend themselves in court. In jurisdictions with criminal justice, a suspect should always have the benefit of the doubt. Conviction should only occur when guilt is proven beyond any reasonable and sensible doubt. Until eventually proven guilty, a suspect is supposed to be considered innocent. This is a basic principle of justice. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept Maritim is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The discipline of digital forensics has been thrust into the forefront of investigative techniques, necessitating the development of creative methods to handle the quantity and complexity of digital data. The paper examines how the field is developing and how artificial intelligence (AI) is revolutionizing the way investigations are conducted. It describes the foundations of digital forensics and emphasizes how important they are to both criminal and civil investigations. After recognizing the shortcomings of conventional methods, it highlights the fundamentals of AI and some of its uses pertinent to digital forensics, encompassing automated data gathering, predictive analysis, and threat intelligence. The study examines the many advantages that AI offers the industry, including improved speed, efficiency, and data handling capabilities and touches on overcoming ethical issues and difficulties. [ABSTRACT FROM AUTHOR]

One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception. The current practice of investment arbitrators is to refuse to hear investors' claims when bribery allegations are substantiated. A recent wave of scholarship has attacked this "corruption defense," arguing that the practice unfairly harms investors and encourages governments to maintain corrupt practices. This Essay responds to that scholarship, arguing that the current approach is the best policy choice on balance. The Essay analyzes three core policy questions at the heart of the debate: Would eliminating the corruption defense lead governments to adopt meaningful anti-corruption reform? Does corrupt foreign investment improve economic and political conditions in the host states to a sufficient degree to warrant investment protection? Do the governments establishing investment treaties that set the contractual terms between states want investment protections for corrupt investment? In answering all three questions in the negative and placing the issue within the broader context of transnational anticorruption law, this Essay provides the theoretical foundation necessary for supporting the current practice. [ABSTRACT FROM AUTHOR]

This article examines the effectiveness of bid disputes management in Kenya's public procurement system. The study utilizes the Methodology for Assessing Procurement Systems (MAPS) to evaluate the mechanism. The findings suggest that while the overall system is efficient, there are areas that require improvement, such as resourcing, filing fees, and accessibility of information. The research contributes to the field of public procurement in Eastern Africa and offers policy recommendations for enhancing bid disputes management. The article emphasizes the importance of transparency, balanced decision-making, and adequate resources for the Public Procurement Regulatory Authority (PPRA). [Extracted from the article]

Governments routinely offer deals to companies accused of white-collar crimes, allowing them to escape criminal charges in exchange for fines or penalties. This lets prosecutors avoid costly litigation and protects companies' right to bid on lucrative public contracts, which can reduce the likelihood of bankruptcies or layoffs. Striking deals with white-collar criminals can be risky for governments because it could affect the perceived legitimacy of the legal system. This article explores the conditions under which the general public supports leniency agreements. Building on theoretical intuitions from the literature, we identify three characteristics that could affect mass attitudes: home bias, economic incentives, and retribution. We conduct a survey experiment in the United States and find moderate support for leniency agreements. Whether the crime occurs on US soil or abroad does not affect public opinion, and the number of jobs that would be jeopardized by criminal prosecution only has a small effect. Instead, survey respondents become much more supportive of a deal when it includes criminal charges for the corporate managers who were personally involved in the alleged wrongdoing. In the court of public opinion, punishing a handful of individuals appears to matter more than saving thousands of jobs. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to provide a review of the literature on white-collar crime that combines the perspectives of criminology and management sciences research. Design/methodology/approach: Based on a systematic review of white-collar crime recidivism, this paper defines crime and the white-collar criminal from a different perspective. The literature review was conducted using a multidisciplinary approach. Findings: This paper offers an insightful discussion of white-collar recidivism. In particular, it highlights the interesting use of "Post Conviction Risk Assessment," a tool used in criminology literature, and aims to show that the probability of recidivism in white-collar crime can be effectively measured and evaluated. This tool is commonly used by American professionals in combatting criminal recidivism. Originality/value: This study provides interesting insights into white-collar crime recidivism. It has a number of implications for probation officers and criminologists evaluating the recidivism risk of white-collar criminals for reintegration purposes. [ABSTRACT FROM AUTHOR]

This article explores the ethical challenges encountered by auditors in Vietnam and applies the fraud triangle model to analyze the factors that contribute to fraud among auditors in the country. The study involves a survey of managers and auditors from Vietnamese auditing firms, and the data is analyzed using SPSS 25 software. The findings indicate that perceived pressure is the most influential factor, followed by perceived opportunity and rationalization. Based on these results, the author suggests recommendations to mitigate the negative effects of these factors and enhance the professional ethics of Vietnamese auditors. This research contributes to a better understanding of ethical issues among Vietnamese auditors and the application of the fraud triangle model. [Extracted from the article]

Purpose: Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs. Design/methodology/approach: The current study is an in-depth qualitative analysis that explores judicial actors' and white-collar crime scholars' opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus. Findings: An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not "black or white," stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that "DPAs are another essential arrow in a prosecutor's quiver – and something a defense attorney can bargain for" (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that "DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity" (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: "Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider" (Respondent 21). Another respondent highlighted that "DPAs are the only tool available that can be employed to change an entire organization structurally" (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that "DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon" (Respondent 17). Another government official confirmed this statement, indicating that "DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business" (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that "the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness" (Respondent 12). Another academic who was previously a government official stated: "DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient." Research limitations/implications: Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants. Practical implications: Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA. Originality/value: Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements' potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements. [ABSTRACT FROM AUTHOR]

Information and Communication Technologies (ICTs) and by extension the Internet, have brought immense sociological transformations to humanity. Despite the development the Internet has brought to humanity, the Government of Papua New Guinea (GoPNG) has not lost sight of the fact that the use of ICTs and other related supporting devices are fraught with cybercrime and cyber insecurities that constitute challenges to global law enforcement agencies in PNG and other nations of the world. This paper reports the trends on victims of cybercrimes from 2001 to 2021 and presents an action plan for PNG. The data analysed in this study was explicated from the Internet crime reports published by the Federal Bureau of Investigation and National White Collar Crime Center (IC3). The data were analysed using descriptive statistics and XGraph component of the Statistical Package for Social Sciences' Population Pyramid. The results confirmed that the number of Internet users that were defrauded increased exponentially from 2016 to 2021. Results from the data explicated from the World Bank on Internet use, revealed that the population of Internet users in PNG and Australia will increase at a minimum rate of 1% to 2% for the next few years. These findings suggest that cybercrimes will be on the rise as the number of Internet users increase at 1% to 2% in PNG and Australia in the next few years. The findings present appropriate strategies to address the incidences of cybercrimes in PNG. [ABSTRACT FROM AUTHOR]

Copyright of Revista Brasileira de Direito Processual Penal is the property of Instituto Brasileiro de Direito Processual Penal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Objectives: Test the role of individual and crime characteristics on public opinions of white-collar crime seriousness and support for crime reduction policy; consider the relationship between perceptions of crime seriousness and support for public policies to reduce white-collar crime. Methods: Data from a nationally-representative survey. Respondents (n = 2,050) rated ten white-collar crimes, relative to a street crime (burglary) and also indicated their relative support (i.e., willingness to pay) for 16 policies to reduce various types of white-collar crime. Models incorporate respondent-level random effects to account for multiple ratings per respondent. Results: Crimes committed by organizations are perceived more seriously than those committed by individuals. Perceptions of a white-collar crime as more serious than burglary increase the likelihood of supporting prevention programs. Race and political party are related to both perceptions of crime seriousness and support for prevention policy. Conclusions: There may be less consensus around perceptions of white-collar crime seriousness than for other crime types. Perceptions of crime seriousness are a function of both individual and crime characteristics that structure assessments of risk, harmfulness, and wrongfulness. Group differences may be related to differences in awareness of the scope, harms, and perceived victimization risk associated with particular crime types. [ABSTRACT FROM AUTHOR]

This study fills critical knowledge gaps into the organization of organ trade utilizing crime script analysis. Adopting a situational crime prevention approach, this article draws from law enforcement data to compare the crime commission process (activities, cast and locations) of 2 prosecuted organ trade cases: the Medicus case and the Netcare case. Both cases involved transnational criminal networks that performed kidney transplants from living donors. We further present similarities and differences between illegal and legal living donor kidney transplants that may help guide identification and disruption of illegal transplants. Our analysis reveal the similar crime trajectories of both criminal cases, in particular the extensive preparations and high degree of organization that were needed to execute the illegal transplants. Offenders in the illegal transplant schemes utilized the same opportunity structures that facilitate legal transplants, such as transplant units, hospitals and blood banks. Our results indicate that the trade is embedded within the transplant industry and intersects with the transport- and hospitality sector. The transplant industry in the studied cases was particularly found to provide the medical infrastructure needed to facilitate and sustain organ trade. When compared to legal transplants, the studied illegal transplant scripts reveal a wider diversity in recruitment tactics and concealment strategies and a higher diversity in locations for the pre-operative work-up of donors and recipients. The results suggest the need for a broader conceptualization of the organ trade that incorporates both organized crime and white collar crime perspectives. [ABSTRACT FROM AUTHOR]

The gender gap in white-collar crime perpetration is well-established, yet reasons for women's underrepresentation among this offending group remain disputed. Specifically, scholars debate whether women are socialized against offending or whether they simply lack the opportunity to engage in these types of crime. The current study focuses on the socialization perspective, looking beyond one's gender assigned at birth and instead looking at gender identity, threats to that identity, and the interaction of race and gender identity. Using an online, experimental vignette design depicting embezzlement, we find that gender identity influences the likelihood of crime perpetration even when one's opportunity to commit crime is held constant. Future directions for research and theoretical development into gender and white-collar crime are discussed following a presentation of the results. [ABSTRACT FROM AUTHOR]

This study explores the extent to which a unique and disruptive experience (a field trip to a prison) combined with reflective writing resulted in transformative learning by students enrolled in an accounting ethics course. Students were provided with clearly defined steps ('prompts') designed to encourage them to think logically and to reflect upon their experience, with student narratives collected before, and following the field trip. Analysis of these narratives reveals evidence of transformative learning in that students articulated not just the content of learning but changes in their perspectives of accounting practice, white-collar offenders and what it should mean to be a professional accountant. [ABSTRACT FROM AUTHOR]

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Right-wing populists legitimize their political agenda by promoting cultural ideas. At the same time, support for right-wing populists is fueled by a sense of economic injustice. How do these two factors interact? This article addresses this question by tracing how these actors promote 'economic narratives' about the past. It studies how two right-wing populist parties – AfD in post-communist (former East) Germany and ANO in the Czech Republic – publicly reference and remember the disruptive nature of economic change during the transition from Communist rule to market society after 1989. Despite their notable differences, both parties offer interpretations that suggest that the structure of social recognition in market society is broken and that there is a need to repair it. They do so, first, by offering a reading of the past centered on corruption (understood, however, not as the corruption of politics by the market, but as that of market justice by politics); and second, by emphasizing resilience and a commitment to hard work, thus projecting economic strength and conjuring a notion of economic belonging (a sense of 'us' as subjects worthy of respect), against the backdrop of the post-1989 period. [ABSTRACT FROM AUTHOR]

In late 2002, the United States Court of Appeals for the Fifth Circuit held that because the Wire Act did not prohibit non-sports internet gambling, consumer debts that occurred in connection with that form of gambling did not equate to illegal proceeds for credit card issuers. Therefore, neither the federal mail fraud nor wire fraud statutes supported the plaintiffs' civil RICO claim against the defendants, Mastercard International and Visa International, issuers of the credit cards the plaintiffs used to purchase virtual chips to gamble at online casinos. Almost a decade later, Congress addressed the gap in the Wire Act by passing the Unlawful Internet Gambling Enforcement Act ("UIGEA"), making it illegal for payment processors to process credit card payments and bank transfers to internet gambling websites in the United States. On April 15, 2011, the Department of Justice executed its only recorded enforcement of the UIGEA targeting online poker when it seized the websites, assets, and player deposits of several online poker companies operating within the United States. This article discusses how, in the aftermath of April 15, 2011, the UIGEA inadvertently created an environment for fraudsters to target U.S.-based players. The risk created by the UIGEA increased under the 2018 Supreme Court decision Murphy v. National Collegiate Athletic Association, which held that federal legislation prohibiting state authorization of sports gambling violates the United States Constitution's anticommandeering rule. Murphy opened the door for states to permit certain online poker sites to accept funds from in-state residents, contrary to the UIGEA's prohibition on payment processors sending and receiving transactions between banks and online poker operators. As a result, online poker is regaining popularity in the U.S. as states pass legislation authorizing select online poker sites to accept money transfers from residents. This article examines a 2020 online poker scandal to illustrate how the UIGEA exposes U.S.-based online poker players to white-collar criminal activity and how to amend the UIGEA to address this concern. [ABSTRACT FROM AUTHOR]

White-collar offenders do not scare people. There is no reason to be afraid of them. Yet, they are subjected to the most serious sanction in our legal system-prison. Every white-collar prisoner costs society over $30,000 annually to house. There are more intelligent, evidencebased approaches to dealing with white-collar offenders. The objectives for dealing with white-collar offenders should be to impose penalties that are proportionate to the seriousness of the crimes; ensure that the sanctions do not unnecessarily burden taxpayers and compel offenders to reimburse their ill-gotten gains. The proceeds from greed-motivated offenders can be diverted in a communityenhancing manner by compelling them to pay restitution for their crimes. Rather than punishing white-collar offenders in a way that further depletes the public revenue, we should compel them to remedy the damage they have caused by paying additional tax. Two new sanctions should be developed to deal with white-collar offenders. The first is an offender taxation levy. The levy would operate so that twothirds of all income derived by the offender would be payable as taxation. The total payable would be double the amount wrongfully obtained by the offender. In addition to this, the offender would be required to pay a one-off fine equal to the amount wrongfully obtained by the offence. The second is technological incarceration for serious white-collar offenses. Modern monitoring and sensor technology can be used to physically confine the movements of offenders to precise locations while monitoring their actions in real-time to greatly diminish the prospect of offending. The sanction can be operationalized in a number of different ways so that it is tailored to match the severity of the crime. Not only can the length of the monitoring be varied but the area of confinement can also be controlled. These reforms would enhance the integrity of the criminal justice system and increase public revenue-freeing up funding for the provision of important societal services and goods. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to explore the effect of corruption in the Eastern European legal system as it implicates German-speaking jurisdictions in cases of international cooperation, especially pertaining to white-collar crimes and mutual legal assistance. This field report considers how during the course of the career of a prosecutor, corruption comes into play and creates a culture which prevents the execution of justice in the native country and in collaboration with the European Union. The invocation of compulsory measures in criminal case proceedings is examined carefully. Design/methodology/approach: The first author is an internationally active lawyer and provides an insight referring to the personal experience of Eastern European prosecutors and the wider impression he has gained of the system in which they operate. This is enforced by his teaching at the International Anti-Corruption Academy in Vienna, where he trains public prosecutors from Eastern Europe and through this collaboration, learns of their experience in the system. The impressions gained from real life are supported by an extensive understanding of the literature, often showing that a key problem is the lack of open discussion on the matter. Findings: German-speaking countries cannot make international proceedings dependent on the findings from Eastern European prosecutor offices. Although there are highly qualified prosecutors at work, there is a systemic corruption evident which threatens the reliability of investigative results. Corruption is evident from the inception of a prosecutor's career to the most senior positions, showing that bribes account for an adverse selection of prosecutors. Originality/value: This is a report based on first-hand sources. It elucidates the existing literature with testimony of the current culture and its tangible influence. The implications for international proceedings are paralleled with the history of possible corruption in a prosecutor's career, the juxtaposition of which depicts a striking reality. Above all, the cyclical nature of corruption in the legal system is highlighted. [ABSTRACT FROM AUTHOR]

Government review of privileged material seized during law-office searches or following the subpoena of an attorney to a grand jury raises genuine concerns that implicate attorney-client privilege, work-product doctrine, and ethical mandates of confidentiality. Currently, the review process may be through a Department of Justice taint or filter team ("taint team"), a court-appointed special master, or a hybrid of these two approaches. When applied to highprofile cases such as Michael Avenatti, Rudy Giuliani, and Michael Cohen, one sees an inconsistent approach that is largely controlled by the government. Problems arise not only from this lack of uniformity, but also from certain inherent deficiencies in using a taint team to review privileged material. This Article offers a reconfiguration of the government's review process, starting with the government's initial decision to opt for a law-office search as opposed to grand jury subpoenas duces tecum. This Article calls for an expansion of ethical mandates to increase the neutrality of this review process, as well as instituting procedures to ensure an independent review of privileged documents that does not compromise a defendant's rights to due process and effective assistance of counsel. Although fortifying the judicial role in reviewing privileged materials comes with certain costs, the aggregate benefits provide a more balanced judicial process. [ABSTRACT FROM AUTHOR]

As the awareness and extent of white-collar crime increases, the number of prison inmates from the middle and upper classes can be expected to grow. However, existing scholarship on the imprisoned white-collar offenders has geographical and methodological limits, is of a predominantly explorative nature and often employs definitions focused on the offence rather than the perpetrator. This study attempts to advance the current state of research by utilising Bourdieu's capital theory in the description and explanation of the prison experience of a sample of 13 politicians, businesspersons, and lawyers serving prison terms for corruption and embezzlement in Poland. Deductive analysis of semi-structured interviews reveals how participants used social, cultural, and symbolic capital to secure an advantageous position whilst in prison. Due to varied assets such as their non-criminal identity, interpersonal skills and legal knowledge, the incarcerated elites studied were able to curry favour with guards, win recognition from fellow inmates and, unlike most prisoners, maintain supportive connections with the outside world. When considered within Bourdieu's framework, these results provide an insight into the workings of capital in carceral settings, support the special resiliency hypothesis and explain it through differences in the social situation of inmates. [ABSTRACT FROM AUTHOR]