Academic literature on the topic 'Economic and Financial Crimes Commission'
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Journal articles on the topic "Economic and Financial Crimes Commission"
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Suleiman, Naziru, and Aidi Ahmi. "Investigation in the Net of the Nigerian Economic and Financial Crimes Commission (EFCC): A Case Study." Journal of Social Sciences Research, SPI6 (December 25, 2018): 701–8. http://dx.doi.org/10.32861/jssr.spi6.701.708.
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The objective of this paper is to understand the investigation of economic and financial crimes by the Nigeria’s Economic and Financial Crimes Commission (EFCC). Thus, the study through the use of case study from the qualitative research paradigm attempts to understand from the perspectives of experts from EFCC, the investigation of categories of economic and financial crimes. The findings revealed the concentration on the investigation of Public Sector Corruption (PSC) as compared to other forms of economic and financial crimes. Therefore, the paper recommends the strengthening of the investigation capacity of the EFCC to cover all forms of economic and financial crimes. Notwithstanding the need to stem the tide of PSC in Nigeria, other forms of economic and financial crimes equally have the tendency to retard the country backward in all its developmental processes.
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Akogwu Chukwunonso, Joseph, Dennis Ezeh Kelechukwu, Ojo Idowu Akinwumi, Udoji Raphael, and Aideloje Sunday. "Economic and Financial Crimes Commission and Anti-Corruption Crusade in Nigeria, (2015-2020)." International Journal of Research and Innovation in Social Science VII, no. XII (2023): 431–50. http://dx.doi.org/10.47772/ijriss.2023.7012036.
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Corruption has proven to be intractable in Nigeria, with resultant consequences on the political, economic and socio-cultural development of the nation. Though past military regimes, before the return to democratic government in 1999, initiated series of anti-corruption crusades at various times, corruption in high and low places continued to be on an alarming increase. With the return to democratic governance, President Olusegun Obasanjo saw to the establishment of the Economic and Financial Crimes Commission (EFCC) in 2002, which amongst others is vested with the responsibilities of prevention, investigation and prosecution of individuals, groups and institutions found culpable or corrupt, and unearth frauds and recover public loots in the country. After over a decade of the commission’s existence in the country, corruption remain a pandemic, which informed President Muhammadu Buhari’s second major promise during his campaign in 2015, to fight and completely eradicate corruption. Between 2015 and 2020, a lot a successes and failures have punctuated the activities of the commission and this is the thrust of this study. The Institutional Approach was used as the theoretical framework for the study and we relied on materials collected from secondary sources. Among other recommendations of the study, the Federal Government of Nigeria should speedily take steps to establish special courts to deal specifically with corruption cases while the Judicial Service Commission and the Nigeria Bar Association should be strengthened to deal firmly with alleged cases of corruption or misconduct involving Judges and lawyers respectively.
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CHIOKE, Stephen Chinedu, Basil Chukwuemeka NWANKWO, Ikeotuonye Victor OKONKWO, and Florence C. AGBODIKE. "ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) AND WAR AGAINST WHITE-COLLAR CRIMES IN NIGERIA." Journal of Public Administration, Finance and Law 29 (2023): 97–110. http://dx.doi.org/10.47743/jopafl-2023-29-09.
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The activities of corrupt individuals engaged in white-collar crimes still persist despite EFCC’s existence. This study was thus conducted to examine: the achievement of EFCC on containing money laundering and misappropriation of funds in Nigeria; and the implementation of EFCC’s anti-graft mandate in terms of obtaining money by false pretense and fraudulent banking in Nigeria. The study adopted scooping and survey method wherein 301 participants were sampled from selected states in Nigeria. It revealed that the fight against money laundering and misappropriation of funds; and obtaining money by false pretense and fraudulent banking were to a low extent implemented by EFCC. This finding is sacrosanct for understanding the dynamics of the anti-graft war in Nigeria. The study’s originality/value stems from its departure from the apparently over flogged issues regarding causes and/or effects of corruption to interrogating the extent of the performance of EFCC’s objectives through mixed method design.
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Ogwiji, Joseph. "Forensic Accounting and Financial Crimes: An Empirical Evidence from Operatives and Trainers of the Economic and Financial Crimes Commission, Academy, Nigeria." European Journal of Accounting, Auditing and Finance Research 11, no. 3 (2023): 54–66. http://dx.doi.org/10.37745/ejaafr.2013/vol11n35466.
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Financial crimes in the public sector continue to be on the increase despite the effort of the Nigerian government in preventing the incidence of fraud and corruption through measures, such as establishing and strengthening organs of accountability and promoting the global best corporate practices. In view of this challenges, it become necessary to examines the effect of attributes of forensic accountants– Investigation of financial Crime and Corruption Skill (ICC), Knowledge and Expertise (KE), Litigation Support Services (LSS) on the financial crime (FC) in Nigerian public sector. The study employed cross-sectional design and a survey method. of the 110 questionnaires distributed, 53 questionnaires were returned valid and analysed. The study used PLS-SEM (SmartPLS 3.0) and IBM SPSS ver. 20.0 as the primary statistical analysis tools. The results of the study confirm that Knowledge and Expertise and Support Services of a forensic accountant has a significant positive effect on Financial Crime and it shows that investigation of crime and corruption has an insignificant negative effect on financial crime. Thus, the findings revealed that the forensic accountant attributes have significantly higher levels of KE, LSS on FC concerning fraud prevention, detection, management and response. Also, investigation of corruption discourages financial crime though not on high. The implication of this study might result in the overall reduction of fraud and fraudulent acts, promote institutional, regulatory and legal framework, and create awareness amongst the accounting and auditing institutions in the Nigerian public sector.
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Lomachenko, T. I. "CONCEPTUAL APPROACHES TO ENSURING ECONOMIC SECURITY OF THE OIL AND GAS COMPLEX IN THE CONDITIONS OF DIGITAL ECONOMY." Scientific Journal ECONOMIC SYSTEMS 13, no. 3 (2020): 165–73. http://dx.doi.org/10.29030/2309-2076-2020-13-3-165-173.
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The financial and economic crisis caused by the coronavirus pandemic provokes not only unconventional situations in society, but also actively affects the state of economic crime. The criminal situation in the oil and gas complex is directly related to the current state of the economy and digitalization of its processes, a set of conditions and factors responsible for its stability, sustainability and progressiveness of the digital economy. It is not enough to assess the economic criminality of the oil and gas complex only by the number of revealed crimes; therefore, it is necessary to implement an effective economic concept of society and economic security of a particular enterprise, legal entity and individual, which will allow to change the entire cause-and-factor complex causing economic criminality. The article reveals the specific features of the oil and gas complex that contribute to the commission of economic crimes. A classification of factors contributing to the commission of economic crimes is proposed, in which the socio-economic and specific factors of the oil and gas industry are consistently considered, and their characteristics with the growth of economic crimes are given. The scientific novelty of the research consists in the development of the model of preventive measures to ensure economic security at macro-, meso– and micro levels of market economy in the conditions of digitalization. The cause-and-factor complex of economic crimes is considered taking into account the following blocks: political and legal, socio-economic, sectoral, organizational and technological, which are interconnected and actively affect the level of economic crimes. As a result, the main measures to counteract economic crimes are proposed, taking into account the purposeful influence of society, specific enterprise, legal entity and individual on the causes and conditions of ensuring economic security of the state.
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Biryukov, Svyatoslav, and Vladimir Shynkaruk. "The Features of Tactics for the Commission of Judicial Economic Expertise in the Investigation of Crimes Related to the Financial and Economic Activity of the Subjects of Housing and Communal Services." Legal Concept, no. 3 (October 2019): 121–29. http://dx.doi.org/10.15688/lc.jvolsu.2019.3.18.
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Introduction: crimes in the sphere of housing and communal services pose a serious social danger and are of acute social nature, since they affect the interests of the state and society. Crimes in this economy sector lead to violations of the legal property rights of tens of thousands of citizens, their socio-economic security. The facts of criminal activity in the sphere of housing and communal services, less-than-prompt response to them by the law enforcement agencies, protraction or delay in the investigation of these facts form the prerequisites and contribute to the protest activity of the population, which destabilizes the sociopolitical situation. In this regard, the effective counteraction of the considered category of illegal acts requires prompt and full investigation of all facts of criminal activity committed in the sphere of housing and communal services in order to ensure the inevitability of punishment for their commission and compensation for material damage. Investigating crimes of the specified category, as a rule, is impossible without carrying out different judicial economic expertise, the commission, production and assessment of which conclusions in many respects predetermine the prospects of successful resolution of a criminal case in court. In this regard, the authors set a goal to reveal the tactical features of the commission of such an investigative action as judicial economic expertise which is so important for the investigation of most crimes committed in the field of housing and communal services. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: presented in the paper the author’s content of the tactical features of the commission of judicial economic expertise on the facts of crimes related to the financial and economic activity of the subjects of housing and communal services which relies on the judicial and investigative practice gives the chance to use them in practical activity of the authorized law enforcement officials during the identification and investigation of the above-mentioned facts. Conclusions: as a result of the study, the authors have determined the tactical features of the commission of judicial economic expertise on the facts of crimes related to the financial and economic activities of the subjects of housing and communal services in order to inform law students, the teaching staff of law schools, as well as practitioners to better understand the investigation features of crimes related to the financial and economic activities of the subjects of housing and communal services.
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Malgwi, Charles A. "Fraud as economic terrorism: the efficacy of the Nigerian Economic and Financial Crimes Commission." Journal of Financial Crime 12, no. 2 (2005): 144–64. http://dx.doi.org/10.1108/13590790510624981.
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Larichev, Vasily D. "Crimes in the Economic Sphere Related to the Illegal Formation of a Legal Entity through Dummies, as well as the Illegal Use of Documents." Business security 2 (March 25, 2021): 39–43. http://dx.doi.org/10.18572/2072-3644-2021-2-39-43.
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The article reveals the issues of creating fictitious organizations through which various banking and financial transactions are subsequently carried out. Schemes of committing crimes classified under Articles 170.1, 173.1, 173.2 of the Criminal Code of the Russian Federation are given, statistics on the commission of these crimes are given, recommendations are given on their differentiation.
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Sowunmi, Fatai Abiola, Muniru Adekunle Adesola, and Mudashiru Abiodun Salako. "An Appraisal of the Performance of the Economic and Financial Crimes Commission in Nigeria." International Journal of Offender Therapy and Comparative Criminology 54, no. 6 (2009): 1047–69. http://dx.doi.org/10.1177/0306624x09341043.
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Yakubenko, Anastasia K. "Penalties for economic crimes in the criminal laws of the UK and the USA." Yugra State University Bulletin 17, no. 2 (2021): 37–43. http://dx.doi.org/10.17816/byusu20210237-43.
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The subject of the presented research is the criminal law on punishment and other measures of criminal law applied in Great Britain and the United States to persons who have been found guilty of committing economic crimes. Purpose of the study: to present scientifically grounded proposals on the advisability of including in the Russian criminal law certain measures of criminal law that are applied to persons convicted of economic crimes, as an effective means of preventing white-collar crime. List of methods and objects of research. In the course of the research, dialectical, comparative-legal, formal-logical, as well as other methods of cognition used in theoretical and legal research were used in aggregate. Conclusions of the study: in the UK and the US, the practice of attracting persons convicted of many economic crimes is characterized by a high degree of severity. Punishments and other measures of criminal law, as a rule, involve the imposition of imprisonment for long periods. In addition, the perpetrator is subject to penalties aimed at the seizure of illegally obtained material values, as well as compensation for harm caused to the victim as a result of criminal activity. Such methods of combating economic crime have a high effect of private prevention of the commission of new crimes. But a significant number of people held in places of deprivation of liberty has an extremely negative effect on the financial and other interests of the state. Therefore, the Russian policy of humanizing criminal responsibility is seen as more promising in terms of countering modern economic crime. At the same time, the rule on the application of property-related punishments should be considered as a priority in the fight against economic crimes.
Dissertations / Theses on the topic "Economic and Financial Crimes Commission"
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Mabunda, Sagwadi. "Has the failure to conduct post-Truth and Reconciliation Commission prosecutions in South Africa contributed to a culture of impunity for economic crimes?" Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5163.
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Magister Legum - LLMThe end of Apartheid and the transition to a new constitutional democracy in South Africa was ushered in by the Truth and Reconciliation Commission (TRC). The purpose of the TRC was to promote a dialogue between victims and perpetrators of gross human rights violations to try and achieve reconciliation in the country. To this end, the TRC was given the power to grant conditional amnesty to those who came forward to reveal the full truth to the country about the crimes that they had committed. Those who refused to apply for amnesty or who did apply but were denied amnesty were supposed to be prosecuted. A number of years have passed since the final TRC report was submitted and hardly any prosecutions have taken place. This paper argues, by comparing the transitions in Argentina and Chile to the one in South Africa, that the lack of post-Truth Commission prosecutions in South Africa has contributed to nurturing a culture of impunity for acts of corruption in high offices of state. It argues that in countries transitioning from repressive and authoritarian regimes to democratic governments, prosecutions of gross human rights violations are necessary for the creation and strengthening of the rule of law and a human rights culture. Therefore, the impunity for economic crimes such as corruption is detrimental to democracy.
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Ozkan, Kadir. "Theoretising the foundational concepts of the process of financial crimes in comparative economic systems : an attempt in grounded theory." Thesis, Durham University, 2014. http://etheses.dur.ac.uk/10934/.
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Financial crimes have become one of the most destructive types of crime in post-industrial societies in terms of economic and financial consequences. While the importance of financial institutions in the modern economic system cannot be negated, their critical function in the society with their enormous powers brings about many questions, especially in relation to systems of checks and balances. The increasing number of adverse examples in the last decades provide evidence for the enormous negative consequences of corporate failures resulting from shortcomings in the checks and balances. This study, hence, is motivated by the current financial failures, and aims at exploring and examining financial crimes in terms of the process of becoming a financial white-collar criminal in various financial systems, namely capitalist, socialist and Islamic systems, as well as exploring the vulnerability and propensity of each system in relation to financial crimes. In addition, this study, departing from the shortcomings of Eurocentric understanding and referring to cultural and religious norms, aims to re-conceptualise some of the concepts, subcategories and dimensions with the objective of developing and theorising an improved version of rational choice theory in criminology for a better comparison. In fulfilling the aims of the study, a discourse analysis approach through a deconstruction method is utilised to locate and identify the underpinnings of the existing theoretical frameworks through comparative case study as a method, by comparing extreme cases of market/capitalist finance, socialist/transitional and Islamic/moral finance. In addition, grounded theory is used as a method to construct a modified version of the existing theories by using a number of formal codes such as ‘motivation’, ‘environment’, ‘target’, ‘guardian’ as concepts and ‘opportunity spaces’, ‘real, perceived selves’, ‘ideal and feared’, ‘need and guarding gaps’, ‘haste’, ‘expectations’, ‘deviance’, ‘crime motivation’, ‘act of crime’ etc. as subcategories and ‘material’, ‘social’ and ‘moral’ as dimensions. Such an attempt is rationalised on the ground that the current criminology theories are unfortunately linear theories and they do not make decisions about a regular person. Therefore, there is no crime theory that is confident enough to receive a regular person and make dynamic, relativist, complex analysis about them in prospect, depending on the changing conditions of the inner and outer world of the individual, unlike the ‘complex theory of crime’ produced by this research through grounded theory. A comparative analysis to order the financial systems according to their vulnerability to financial crimes is also provided in this study using the ‘opportunity spaces’ concept of the grounded theory which develops the classical ‘opportunity’ argument of the rational choice theory to almost a small theory of opportunity. This analysis suggests that the most vulnerable financial system to financial crime is the market based financial system, which is followed by socialist/transitional and Islamized financial systems. The comparative analysis of the study on crime propensities of financial systems also confirms the literature on economic and financial systems that argues that the financial systems are converging despite their strong and distinctive ontological and epistemological differences and capacities to enrich and improve each other. The theoretical model developed in this study reveals that crime motivation is only an extension of ordinary motivation and has a dynamic nature. Dynamic in both the micro world of the individual and his/her close social/physical environment and also the macro environment in terms of the wider space of political-economy and social culture. This study fills an important gap in criminology literature which has been sought for decades since the 1970s. Indeed, the resultant theory in this study is unique in its approach because it is a micro-founded macro theory, unlike all the criminology theories which have either micro (biological, psychological theories, control theories) or macro (i.e. symbolic interactions, social bonds theory, life-course theory, conflict theory) foundations.
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Bernat, Molina Ignasi. "Mapping the crimes of the powerful and the economic crisis: crime, state and power." Doctoral thesis, Universitat de Girona, 2020. http://hdl.handle.net/10803/673707.
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The ‘Mapping the Crimes of the Powerful and the Economic Crisis: Crime, State and Power’ focuses on four recent episodes of the different crisis affecting Southern Europe. Departing from criminological literature and crimes of the powerful, the thesis draws attention upon certain elements that made possible the conditions of possibility that led to these crises. The crises need to be understood as the result of the crimes of the powerful. Thus, the thesis interrogates the nature of the crimes of the powerful, as it understands that these crimes are those which produce a wider social harm. Answering from criminology requires an understanding of how these have been conceptualized. Particularly, the thesis defends that state-corporate crimes have to be understood as a process instead of the sum of different isolated cases. We need to locate them within a wider political economy growingly financialised and a set of corporate power relationships, but also colonial and patriarchal that relegate common resources and social rights to mere commodities. Corporate crimes play a key role in the process of power and wealth accumulation. The corporation is the institutionalisation of power relations (class, gender and colonial) where dispossession and violence take place. The corporation and the state that works in its behalf, have proved the capacity to pass laws, to threaten governments, to deploy illegal practices, neglect rights and dispossess people through corporate power and symbolic violence. The crimes of the powerful cannot be scrutinized outside of the political economy where these crimes occur. Financialization of the economy has been a common factor behind all these events that turned previous rights into commodities that had to be bought in the market. Finally, the thesis reclaims the importance of the geopolitical dimension as an element to understand the different kind of crimes that will happen in diverse areas. That is, regional power regimes shape the crimes of the powerful that will occur in each specific area. To comprehend the role played by each of these elements, state, economy and power continues to be central for a criminology that aims to be critical.La tesi ‘Mapping the Crimes of the Powerful and the Economic Crisis: Crime, State and Power’ es concentra en quatre episodis recents de les diverses crisis que afecten el sud d’Europa. Partint de la literatura criminològica i dels crims dels poderosos, la tesi fixa l’atenció en els diversos elements que han fet possible les condicions que han portat a aquestes crisis. Les crisis han de ser enteses com el resultat dels crims dels poderosos. D’aquesta forma la tesi s’interroga per la naturalesa dels crims dels poderosos, doncs entén que són aquests crims els que generen un major dany social. La tesi es pregunta per quina criminologia és necessària per poder respondre a aquests crims. En concret, la tesi defensa que els crims estatal-corporatius han de ser entesos com un procés enlloc de com una suma de successos diferents aïllats. Els hem de localitzar dins d’una economia política creixentment financiaritzada i un conjunt de relacions de poder corporatiu, però també colonial i patriarcal que relega els recursos comuns i els drets socials a meres mercaderies. Els crims corporatius juguen un rol central en el procés actual d’acumulació de poder i riquesa. La corporació és la institucionalització de relacions de poder (classe, gènere i colonial) a on la despossessió i la violència tenen lloc. La corporació i l’estat que treballa amb ella, han demostrat la capacitat d’aprovar lleis en benefici seu, amenaçar governs, emprar pràctiques il·legals, negar drets i desposseir a gent a través del poder corporatiu i de la violència simbòlica. Els crims dels poderosos no poden ser estudiats fora de l’estructura social on aquests són comesos. La financiarització de l’economia ha sigut un element comú de tots els crims estudiats aquí doncs a trinxat antics drets fins a convertir-los en mercaderies que calia comprar. Per últim, la tesi reivindica que la importància de la dimensió geopolítica com a element a l’hora d’entendre els tipus de crims que succeiran a cada regió. És a dir, els règims de poder regionals configuren els crims dels poderosos que es realitzaran a cada àrea específica. Comprendre el paper jugat per cada un d’aquests elements, estat, economia i poder, segueixen sent claus per una criminologia que aspiri a ser crítica.
Programa de Doctorat Interuniversitari en Dret, Economia i Empresa
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Trauczynski, Nicole. "Gestão fraudulenta e concurso de normas na lei dos crimes contra o sistema financeiro nacional." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-20012015-153607/.
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O presente trabalho visa analisar as implicações e desafios impostos ao direito penal na tutela da criminalidade econômica atual, especialmente no que tange ao delito de gestão fraudulenta de instituição financeira, previsto no caput do artigo 4º da Lei 7.492/86, delito mais severamente apenado na Lei dos Crimes contra o Sistema Financeiro Nacional. Em razão de sua descrição absolutamente genérica e da gravidade da sanção cominada buscar-se-á interpretar suas elementares típicas de forma conectada aos motivos que ensejaram a sua edição, bem como relacionada ao bem jurídico tutelado pela norma, aplicando-se redutores teleológicos no desiderato de conferir ao tipo uma identidade própria, agregando coerência interna na própria lei e minimizando os recorrentes problemas quanto ao âmbito de incidência de seus dispositivos legais, por vezes dispostos em situação de conflito aparente de normas. Nesses termos, o crime de gestão fraudulenta de instituição financeira será decomposto em todos os seus elementos típicos, objetivos e subjetivos, observando-se sua objetividade jurídica, objeto material, sujeitos ativos, passivos, concurso de pessoas, consumação e tentativa. Posteriormente, será adentrado à problemática do concurso aparente de normas entre o crime estudado gestão fraudulenta de instituição financeira e os demais tipos penais previstos na Lei 7.492/86, especialmente em relação aos tipos penais previstos nos artigos 5º, 6º, 9º, 10, 11, 16, 17, 21 e 22. A análise será feita com base nas relações lógico-conceituais entre os preceitos normativos, seguida de uma interpretação teleológica e valorativa, com base nos critérios de resolução de conflito aparente de normas propostos pela doutrina especialidade, subsidiariedade, consunção e alternatividade. Ao final, as conclusões encontradas serão confrontadas com o recorte jurisprudencial dos julgados atinentes à matéria, proferidos pelo Tribunal Regional Federal da 3º Região nos últimos 10 anos (01/01/2003 a 31/12/2013).This work intends to analyze the implications and challenges imposed on criminal law for the defense of current economic crimes, especially in regards to the crime of mismanagement of financial institutions provided for in the main provision of Article 4 of Law No. 7492/86, a crime punished by maximum sentence in the Law of Crimes against the National Financial System. As a result of its completely general description and the severity of the sanction imposed, the interpretation of its typical elements shall be made in connection with the motives which originated the enactment thereof, as well as relating to the legal interest protected by the rule, while applying teleological reducers for the purpose of conferring a proper identity to the definition of the crime, adding internal consistency to the law itself and minimizing recurring problems regarding the scope of incidence of the legal provisions thereof, at times applied in situations of apparent conflict of rules. This way, the crime of mismanagement of financial institutions will be decomposed into all its typical objective and subjective elements, addressing legal objectivity, material object, perpetrators, victims, co-perpetration, consummation and attempt. Next, it will address the issue of the apparent joinder of rules between the crime examined - mismanagement of financial institution - and other criminal offenses established by Law 7492/86, especially in relation to criminal offenses provided for in Articles 5, 6, 9, 10, 11, 16, 17, 21 and 22. The analysis will be based on logical-conceptual relations between the normative precepts, followed by a teleological and judgmental interpretation, based on the solution criteria of apparent conflict of rules proposed by the jurists - specialty, subsidiarity, merger and alternativity. Finally, the conclusions reached will be confronted with case law clippings of decisions regarding the matter granted by the Federal Regional Court of the third Region in the past 10 years (01/01/2003 to 12/31/2013).
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Soeltenfuss, Jan. "Policy perspectives and an analysis of evaluation methods for selected EC-financed projects." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8224_1255694435.
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This research proposed to look at quality standards of evaluations in economic and financial respect undertaken on behalf of the European Commission in order to assess the performance of its development assistancein a policy-driven context. the research found that evaluation on the basis of an individual project is often flawed and lacks quality in terms of the applied evaluation method.
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Valiengo, Thaméa Danelon. "A tipificação dos crimes financeiros como forma de limitação do abuso do poder econômico." Universidade Presbiteriana Mackenzie, 2007. http://tede.mackenzie.br/jspui/handle/tede/1101.
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Previous issue date: 2007-03-16The typification of financial crimes contained in Law 7.492/86 is featured as one of the possibilities to limit the economic power abuse and arises out of the normative and regulatory function of the economic activity the Federal Constitution confers to the State Although the current system has legal mechanisms in the administrative scope that aim at eradicating or minimizing this unacceptable abuse, said mechanisms do not prove to be enough and efficient. The objective of this research was to demonstrate that only the Criminal Law - herein represented by the crimes against the national financial system - can limit the abuses arising out of the Economic Power by imposing severe reprimands, such as the preventive custody and the application of the indispensable deprivation of freedom, which is the only way to reach the aspired preventive effect of the punishment by confinement. The criminological profile of the white-collar criminal is completely different from that of the conventional criminal. As a result of their high social status, economic infringers: have unlimited access to legal information; clearly understand the consequences of their illicit acts; do not depend on the crime practice to subsist. Thus, only the criminal law, by adopting the above mentioned severe measures together with the constriction of properties and values, will limit said undesired behaviors, changing from minimum criminal law into maximum criminal law, being featured as prima ratio in respect to the combat to economic and financial crimes.
A tipificação dos crimes financeiros constante na Lei 7.492/86 caracteriza-se como uma das possibilidades de limitação ao abuso do poder econômico, e decorre da função normativa e reguladora da atividade econômica conferida ao Estado pela Constituição Federal. Embora o atual ordenamento jurídico disponha de mecanismos legais na esfera administrativa que objetivam extirpar ou minimizar esse inaceitável abuso, tais mecanismos não se demonstram suficientes e eficazes. O objetivo desta pesquisa foi demonstrar que somente o Direito Penal - neste estudo representado pelos crimes contra o sistema financeiro nacional - poderá limitar os abusos decorrentes do poder econômico, através da imposição de reprimendas severas, como a prisão preventiva e a aplicação da indispensável pena privativa de liberdade, pois apenas com a utilização desta se alcançará o almejado efeito preventivo da pena de prisão. O perfil criminológico do sujeito ativo do crime de colarinho branco difere completamente do criminoso convencional. Em decorrência do elevado status social que ocupa, o infrator econômico: dispõe de irrestrito acesso às informações jurídicas; possui clara compreensão das conseqüências de seus atos ilícitos; independe da prática do crime para subsistência. Assim, somente o Direito Penal com a aplicação das árduas medidas citadas juntamente com as constritivas de bens e valores limitará essas condutas indesejadas, transmudando-se de direito penal mínimo para direito penal máximo, caracterizando-se como prima ratio no que se refere ao combate dos crimes econômicos e financeiros.
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Giacomet, Junior Isalino Antonio. "Função normativa do sistema financeiro nacional nos crimes econômicos." Universidade Presbiteriana Mackenzie, 2012. http://tede.mackenzie.br/jspui/handle/tede/1067.
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Previous issue date: 2012-08-08Dealing effectively with economic crimes is a fundamental need for fair and balanced development of society today, given the collective nature of legal interests protected by them and the special features of economic criminality, consisting of one of the most obvious legal limit on the economic power. The success of combating such crimes within which include crimes against the financial system and crimes against the capital market - depends directly on the adoption of specific legislative techniques of criminal law. Constant innovations in the means of transmission of wealth, associated with the evolution of products and services offered to users of the financial market and the necessity to preserve the constitutional economic order, require that the economy criminal law is endowed with mechanisms that would allow flexibility and adaptation to the economic reality of any given time. Therefore, it is crucial that the expertise and the regulatory powers inherent to normative and supervisor agencies of the National Financial System emanating from within their respective regulatory administrative functions - are also translated to economic criminal law. Among the instruments of criminal regulation that allow this administrative influence, are in the characterization of blank criminal laws, the use of normative elements of the crime and objective conditions for punishment. Despite these legislative techniques cause, as a rule, the creation of open criminal types, it is emphasized that these mechanisms of penal norms do not offend the principle of legality.
O enfrentamento eficiente aos delitos econômicos representa uma necessidade fundamental para o desenvolvimento justo e equilibrado da sociedade nos dias atuais, em virtude dos bens jurídicos de índole coletiva por eles tutelados e das características especiais da criminalidade econômica, consistindo em uma das formas mais evidentes de limitação jurídica sobre o poder econômico. O sucesso do combate a tais delitos dentro dos quais se inserem os crimes contra o sistema financeiro e os crimes contra o mercado de capitais depende diretamente da adoção de técnicas legislativas diferenciadas dos tipos penais. As constantes inovações nos meios de transmissão de riquezas, aliadas à evolução dos serviços e produtos oferecidos aos usuários do mercado financeiro e à necessidade de preservação da ordem econômica constitucional, requerem que o direito penal econômico seja dotado de mecanismos que permitam sua maleabilidade e adaptação constante à realidade econômica de determinado momento. Torna-se fundamental, portanto, que os conhecimentos técnicos e os poderes normativos inerentes aos órgãos normativos e supervisores do Sistema Financeiro Nacional exarados no âmbito de suas respectivas atribuições administrativas regulatórias sejam transpostos também para a seara do direito penal econômico. Dentre os instrumentos de normatização penal que permitem essa influência administrativa, situam-se a tipificação de normas penais em branco, a utilização de elementos normativos do tipo e as condições objetivas de punibilidade. Em que pese tais técnicas legislativas ensejarem, em regra, a criação de tipos penais abertos, destaca-se que esses mecanismos de normatização penal não ofendem o princípio da legalidade.
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Dapper, Cícero Gehlen. "A expansão do direito penal sob o influxo da “administrativização” dos crimes tributários: prévio exaurimento da via administrativa e ação penal nos crimes contra a ordem tributária." Universidade do Vale do Rio dos Sinos, 2013. http://www.repositorio.jesuita.org.br/handle/UNISINOS/3594.
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Como a atual sociedade, também o Direito Penal está passando por um processo de intensas mudanças. A sociedade pós-industrial, com a crescente complexidade inerente a ela, assim como as demandas objetivas e subjetivas por mais segurança vem exigindo do Direito Penal um papel cada vez maior nos processos de regulação social. Constata-se a existência de uma tendência nas legislações no sentido da introdução de novos tipos penais, assim como um agravamento dos já existentes, que se pode considerar uma “reinterpretação” das garantias clássicas do Direito Penal substantivo e do Direito Processual Penal. Essa tendência, denominada “expansão”, tem levado a criação de novos “bens jurídicos penais”, ampliação dos espaços de riscos jurídicos-penalmente relevantes, flexibilização das regras de imputação e relativização dos princípios político-criminais de garantia. O presente estudo é a análise deste fenômeno de expansão, bem como o designado de administrativização do Direito Penal em sua inter-relação com os crimes tributários tal como foram positivados no ordenamento jurídico-penal brasileiro e em face de sua recepção jurisprudencial nos Tribunais Superiores. Antes que uma discussão dogmática tópica sobre os tipos penais tributários vigentes nas leis penais brasileiras, o objetivo do estudo é co-relacionar o fenômeno da administrativização com a modulação legislativa e jurisprudencial a eles conferida, para inferir sobre a legitimidade de sua própria criminalização. Vale observar que o tema está intimamente relacionado à independência e autonomia das instâncias administrativa e criminal, motivo pelo qual sem tal premissa o assunto não pode ser analisado.
As wellas current society, criminal law is also undergoing a process of intense transformation.The post-industrial society, with itsincreasingly inherent complexity, in additionto the objective and subjective demands for more security, required from criminal law an accumulative role in the processes of social regulation.There appears to be a trend in the legislation for the introduction of new criminal types, as well as the worsening of the existing ones, indicating a “reinterpretation” of the classic guarantees of the substantive criminal law as well asthe criminal procedure law.This trend, called “expansion”, has led to the creation of new “criminal legal interests", increased opportunities for legally relevant legal risks, and relaxedthe rules of attribution and relativity of political and criminal principles of guarantee.The present study was to analyze this phenomenon of expansion in addition to the fact that criminal law is becoming administrative in its relationship with tax crimes asin the Brazilian legal and criminal law and in the face of its jurisprudential reception in the Superior Courts.Rather than a topical dogmatic discussion of the tax criminal types existing in the Brazilian penal laws, the purpose of the study is co-relate the administrative phenomenon with the legislative and judicial modulation conferred upon them, to infer about the legitimacy of their own criminality.It is worth pointing the close relationbetween the theme and the independence and autonomy of administrative and criminal authorities, which iswhy suchpremise absence prevents the analysis of this matter.
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Nakoulma, Mariame Viviane. "L'évolution du droit des immunités pénales reconnues aux chefs d'Etat en Droit International." Thesis, Limoges, 2017. http://www.theses.fr/2017LIMO0018.
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L’identification et l’examen des différentes facultés de poursuite des chefs d’État en droit international enregistrent de nombreuses mutations intervenues dans le système de protection que leur reconnaît le droit international. Réelles ou apparentes, ces mutations marquent une forme de rupture avec l’illusion qui fait croire que le souverain est irresponsable. En effet, depuis le XXe siècle, et de façon plus significative depuis le XXIe siècle, l’implication des détenteurs de l’autorité de l’État dans la commission de nombreuses atrocités a introduit des variables dans le régime des immunités, rendant ainsi possible leur mise en accusation sur le fondement du principe de non-immunité. Celle-ci peut être ouverte, pour crimes graves, devant certaines juridictions pénales internationales, dont la plus emblématique est la Cour pénale internationale, ou par le biais de mécanismes ambitieux, comme la compétence universelle, et innovants, comme les juridictions mixtes. Toutes ces institutions pénales constituent, en fait, des pôles d’évaluation du principe de non-immunité. La mise en cause des gouvernants pour corruption ou crimes économiques et financiers est considérée par le sujet, même si l’état du droit en la matière est plus modeste. Il faut donc imaginer à cet égard, de lege feranda, une contribution de l’irresponsabilité au développement de la responsabilité pour crime de «vol contre l’humanité». Dans l’ensemble, on ne saurait négliger l’important rôle joué par les règles du droit international humanitaire ainsi que par la montée en puissance d’une certaine éthique mondiale dans la gestion du pouvoir d’État. Mais en toutes ces matières, la mise en œuvre de la responsabilité pénale des chefs d’État recèle d’importantes difficultés, cristallisées notamment par les débats autour de l’équité, la légitimité et de l’universalité de la justice pénale internationale ainsi que de la coopération des États. Aussi, l’idée d’une certaine évolution du droit des immunités pénales devant les juridictions internationales (Partie 1) et celle d’une évolution aléatoire devant les juridictions internationalisées et nationales étrangères (Partie 2) retiennent particulièrement l’attention. Au demeurant, entre l’effet d’annonce que la qualité officielle de chef d’État n’exonère en aucun cas de la responsabilité pénale et le droit vivant, il existe un hiatus qui fait dire que l'évolution du droit international n'a pas radicalement entamé le "pronostic" vital" des immunités pénalesThe identification and the scrutiny of the prosecutions of heads of State in international law show that there have been many developments in the system of protection that international law grants them. Real or apparent, these developments represent a type of break with the illusion that allows us to believe that the sovereign is irresponsible. Indeed, during the 20th century, and in a more significant way in the 21st century, the involvement of high-ranking state officials in the commission ofnumerous atrocities has introduced variables into the immunities system, allowing for their indictment on the basis of the principle of non-immunity. So, they can be indicted, for serious primes, by international criminal jurisdictions, the most symbolic of which is the International Criminal Court, or by means of ambitious mechanisms such as universal, or even innovative as mixed jurisdictions. All of them provide, in fact, grounds for evaluating the principle of non-immunity. The indictment of high-ranking state officials for corruption or economic and financial crimesis considered, even if the scope of the law is more modest. It is thus necessary to imagine in this respect, de lege feranda, that the irresponsibility of heads of State may contribute to the development of the responsibility for “Theft Crimeagainst Humanity”. Overall, the important role played by humanitarian international law as well as by the increase in agreed ethics in the management of State power cannot be neglected. But in all these subjects, the implementation of the criminal responsibility of heads of State presents significant challenges, crystallized in particular by the debates around the equity, the legitimacy and the universality of the international criminal justice system aswell as the cooperation from States. So, the idea of a certain evolution of the law of criminal immunities before the international jurisdictions (Part 1) and that of a random evolution before the internationalized and foreign national jurisdictions (Part 2) particularly holds our attention. Finally, between the announcement that the official capacity as a head of State can in no case exempt them from criminal responsibility and the living law, there is a hiatus which can make us think that the evolution of international law has not radically affected the criminal immunities
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Ahlm, Kristoffer. "IDENTIFIKATION AV RISKINDIKATORER I FINANSIELL INFORMATION MED HJÄLP AV AI/ML : Ökade möjligheter för myndigheter att förebygga ekonomisk brottslighet." Thesis, Umeå universitet, Institutionen för matematik och matematisk statistik, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-184818.
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Ekonomisk brottslighet är mer lukrativt jämfört med annan brottslighet som narkotika, häleri och människohandel. Tidiga åtgärder som försvårar att kriminella kan använda företag för brottsliga syften gör att stora kostnader för samhället kan undvikas. En genomgång av litteraturen visade också att det finns stora brister i samarbetet mellan svenska myndigheter för att upptäcka grov ekonomisk brottslighet. Idag uppdagas brotten först ofta efter att en konkurs inletts. I studier har maskininlärningsmodeller prövats för att kunna upptäcka ekonomisk brottslighet och några svenska myndigheter använder maskininlärningsmodeller för att upptäcka brott men mer avancerade metoder används idag av danska myndigheter. Bolagsverket har idag ett omfattande register för bolag i Sverige och denna studie syftar till att undersöka om maskininlärning kan användas för att identifiera misstänkta bolag, genom att använda digitalt inlämnade årsredovisningar och information ur bolagsverkets register för att kunna träna klassificeringsmodeller att identifiera misstänkta bolag. För att träna modellen så har stämningsansökningar inhämtats från Ekobrottsmyndigheten som kunnat kopplas till specifika bolag av de inlämnade årsredovisningar. Principalkomponentanalys används för att visuellt visa på skillnader mellan grupperna misstänkta och icke misstänkta bolag och analyserna visade på ett överlapp mellan grupperna och ingen tydlig klustring av grupperna. Data var obalanserat med 38 misstänkta bolag av totalt 1009 bolag och därför användes översamplingstekniken SMOTE för att skapa mer syntetiskt data och för att öka antalet i gruppen misstänkta. Två maskininlärningsmodeller Random Forest och Stödvektormaskin (SVM) jämfördes i en 10 fold korsvalidering. Där båda uppvisade en recall på runt 0.91 men där Random Forest hade en mycket högre precision och med högre accuracy. Random Forest valdes och tränades på nytt och uppvisades en recall på 0.75 när den testades på osett data bestående av 8 misstänkta av 202 bolag. Ett sänkt tröskelvärde resulterade i en högre recall men med en större antal felklassificerade bolag. Studien visar tydligt problemet med obalans i data och de utmaningar man ställs inför med mindre data. Ett större data hade möjligjort ett strängare urval på brottstyper som hade kunnat ge en mer robust modell som skulle kunna användas av bolagsverket för att lättare kunna identifiera misstänkta bolag i deras register.Economic crimes are more lucrative compared to other crimes as drugs, selling of stolen gods, trafficing. Early preventions that make it more difficult for criminals to use companies for criminal purposes can reduce large costs for sociaty. A litterature study showed that there are large weaknesses in the collaboration between Swedish authorities to detect serious economic crimes.Today most crimes among companies that commit fraud are found after a company has declared bancruptcy. In studies, machine learning models have been tested to detect economic crimes and some swedish authorites are now using machine learning methods to detect different crimes and more advanced methods are used by the danish authorites. Bolagsverket has a large register of companies in Sweden and the aim of this study is to investigate if machinelearning can be used to detect on annual reports that have been digitaly submited and information in Bolagsverket’s register to be able to train classificationsmodels and identify companies that are suspicious. To be able to train the model lawsuits have been collected from the Swedish Economic Crime Authority that can be connected to specific companies through their digitally submited annual report. Principal component analysis is used to visually show differences between the groups suspect companies and not suspected companies and the analysis show that there is an overlap between the groups and no clear clustering between the groups. Because the dataset was unbalanced with 38 suspicious companies out of 1009 companies the oversampling tecnique SMOTE was used to create more synthethic data and more suspects in the dataset. The two machinelearnings models Random Forest and support vector machine (SVM) was compared in a 10 fold crossvalidation. Both models showed a recall on around 0.91 but Random Forest had a much higher precision with a higher accuracy. Random Forest was chosen and was trained again and showed a recall on 0.75 when it was tested on unseen data with 8 suspects out of 202 companies. Lowering the treshold resulted in a higher recall but with a larger portion of wrongly classfied companies. The study shows clearly the problem with an unbalanced dataset and the challanges with a small dataset. A larger dataset could have made it possible to make a more selective selection of certain crimes that could have resulted in a more robust model that could be used by Bolagsverket to easier identify suspicous companies in their register.
Books on the topic "Economic and Financial Crimes Commission"
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Igbinovia, P. E. The economic and financial crimes commission in Nigeria: An appraisal. Safari Books Ltd, 2014.
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Albin-Lackey, Chris. Nigeria: Corruption on trial? : the record of Nigeria's Economic and Financial Crimes Commission. Human Rights Watch, 2011.
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Nigeria. Economic and Financial Crimes Commission (Establishment Act, 2004) and Money Laundering (Prohibition Act, 2004). s.n., 2004.
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Okoi-Uyouyo, Mathias. EFCC and the new imperalism: A study of corruption in the Obasanjo years. Bookman Publishers, 2008.
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Commission on Growth and Development. Post-crisis growth in developing countries: A special report of the Commission on Growth and Development on the implications of the 2008 financial crisis. World Bank, 2010.
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Commission on Growth and Development. Post-crisis growth in developing countries: A special report of the Commission on Growth and Development on the implications of the 2008 financial crisis. World Bank, 2010.
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Services, United States Congress House Committee on Financial. The final report of the Financial Crisis Inquiry Commission: Hearing before the Committee on Financial Services, U.S. House of Representatives, One Hundred Twelfth Congress, first session, February 16, 2011. U.S. G.P.O., 2011.
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United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Reviewing the Financial Crisis Inquiry Commission's final report: Hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Twelfth Congress, first session, on reviewing the Financial Crisis Inquiry Commission's final report, May 10, 2011. U.S. G.P.O., 2011.
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United States. Congressional-Executive Commission on China. The financial crisis and the changing role of workers in China: Roundtable before the Congressional-Executive Commission on China, One Hundred Eleventh Congress, first session, June 19, 2009. U.S. G.P.O., 2009.
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commission, European. Responses to the challenges of globalisation: A study on the international monetary and financial system and on financing for development : working document of the Commission Services. Office for Official Publications of the European Communities, 2002.
Book chapters on the topic "Economic and Financial Crimes Commission"
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Hotori, Eiji, Mikael Wendschlag, and Thibaud Giddey. "Belgium: Formalization and Incremental Development of a Supervisor with Increasing Powers and Authority." In Formalization of Banking Supervision. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-6783-1_7.
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AbstractThe formalization process of Belgian banking supervision provides an interesting case. Mixed international influences as well as major domestic reforms influenced the direction of formalizing the supervisory system. It began in the middle of the 1930s as a consequence of the economic and financial crisis at the beginning of the decade. The reforms undertaken in 1934 and 1935 transformed the Belgian banking system from a free and unrestricted market, featuring very influential financial groups operating universal banking, to a supervised and more specialized banking system. However, based on our understanding of “formalization,” the process was not completed until the mid-1970s, because newly created formal supervision agency—the Banking Commission—initially functioned with very little resources and powers on a similar basis as its Swiss equivalent. In the post-Second World War era, the Belgian banking supervisor developed significantly, and its influence reached beyond mere prudential supervision. By the mid-1970s, the Banking Commission got involved in monetary and state financing policy, and the agency obtained the supervision of additional financial institutions.
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Mukherjee, Baidya Nath. "Controlling Corruption and Economic Crime in Developing Economies: A Critical Analysis." In Financial Crimes. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-29090-9_5.
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Murray, Kenneth. "When opportunity knocks: mobilizing capabilities on serious organized economic crime." In Frauds and Financial Crimes. Routledge, 2021. http://dx.doi.org/10.4324/9781003178989-5.
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Zhang, Tao, and Yitong Li. "Countermeasures against CBDC Financial Crimes." In Proceedings of the 2022 4th International Conference on Economic Management and Cultural Industry (ICEMCI 2022). Atlantis Press International BV, 2023. http://dx.doi.org/10.2991/978-94-6463-098-5_61.
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Achim, Monica Violeta, and Sorin Nicolae Borlea. "Effects of Economic and Financial Crimes. Ways of Fighting Against." In Studies of Organized Crime. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-51780-9_4.
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Levi, Dr Michael. "Organising Financial Crimes: Breaking the Economic Power of Organised Crime Groups?" In Studies of Organized Crime. Springer Netherlands, 2003. http://dx.doi.org/10.1007/978-94-007-0985-0_13.
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Georgakakis, Didier. "Both the Pilot and a Victim of Austerity? How the European Commission’s Administration Changed under the Economic and Financial Crisis." In European Civil Service in (Times of) Crisis. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-51792-6_8.
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Schulte, Volker, and Andreas Hinz. "Emigration and Start-up Setting. New Russian and Ukrainian Intelligentsia in a Historical Perspective." In Start-up Cultures in Times of Global Crises. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-53942-8_8.
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AbstractThis chapter describes the current situation of Russian entrepreneurs, on the one hand, and Ukrainian entrepreneurs, on the other hand, who have emigrated to a safe third country due to the warlike conflict and the increasingly repressive attitude of the Russian regime. Four Ukrainian and four Russian entrepreneurs were interviewed in addition to extensive source research. These findings are incorporated into the interpretation. Individual statements are quoted. Due to the delicate nature of statements and at the request of the interviewees, they have been anonymized. The new waves of migration are analyzed and classified in this chapter in a historical context with earlier waves of migration.Since the Russian Federation’s invasion of Ukraine, some 700,000 Russians and 8 million Ukrainians have fled to third countries (United Nations High Commissioner for Refugees, 2023a).According to this source, about 18 million people have left Ukraine of which around 10 million have returned to the country in the meantime. The Russians and Ukrainians are mostly people with good education and corresponding skills in service professions. In this chapter, we present the results of eight interviews, four with Russian emigrants and four with Ukrainian emigrants, and explore the motivations, opportunities, and barriers to building start-ups in exile. The study also describes the integration achievements of previous European migrant flows, as well as the advantages and disadvantages for the respective home countries and for the receiving countries. From this, conclusions can be drawn for the current crisis (United Nations High Commissioner for Refugees, 2023b).Key findings: Both Russians and Ukrainians form networks. It is striking that these networks hardly mingle. “We don’t want to have anything to do with the Russians,” says Tatjana, an exiled Ukrainian in Switzerland. The intention, the rejection of war, and the fear of military service are common to both exile groups. The opportunities and risks of starting a business in the respective foreign countries are also comparable. Russian exiles, on the other hand, tend to be driven to neutral or Russia-friendly countries. Ukrainians, on the other hand, prefer Western countries that condemn the invasion and provide significant financial support to Ukrainians in the form of asylum and refugee status. It is true that the host countries have to bear a heavy burden in the first phase, as accepting so many refugees requires great financial and social efforts. In the medium term, however, it is a significant advantage for the host countries because the admission alleviates the demographically induced shortage of skilled workers and thus promotes economic development. Among the four Ukrainians interviewed who have been granted the right to stay in Switzerland, gratitude toward the host country is very high and is expressed throughout.
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Hope, Kempe Ronald. "Channels of Corruption in Africa: An Analytical Review and Assessment of Trends in Economic and Financial Crimes." In Corruption, Sustainable Development and Security Challenges in Africa. Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-32229-7_3.
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Macchiaroli, Maria, Gianluigi De Mare, Luigi Dolores, and Marianna Del Vecchio. "Economic Growth and Land Use Restraint." In Lecture Notes in Networks and Systems. Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-34211-0_13.
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AbstractThe injection of huge capital resulting from the European measures to cope with the pandemic (Next Generation EU) led to a revival of the economy which was then conditioned by the beginning of the war in Eastern Europe. The Italian situation promises considerable resources (PNRR) destined for the driving sectors of the production of goods and services. This will provoke the request for new settlement spaces for the rising companies and for the development of the existing ones. This need contrasts with the UN recommendations on the containment of land use (Sustainable Development Goals - SDGs - UN 2030), already supported by the European Commission (2012) in the guidelines for limiting, mitigating, and compensating for the waterproofing of the territory. Therefore, a gap is created between yearnings for economic growth and, on the other hand, urban and environmental sustainability, a dyscrasia which then finds a specific rebound in the regulatory-urbanistic condition of many municipalities whose areas of productive settlement must face up to nonrenewable expired expropriation constraints, despite the availability of lands included in the homogeneous areas intended for industrial settlement. If on the one hand this condition contains the transformation of new lands, on the other - in the presence of a strong demand for settlement - it entails the need to take a census of what is unused, to reacquire it to the public hand and to reintroduce it on the market at reasonable prices from a financial but also a social point of view. This study deals with this issue with reference to urban areas destined for industrial settlements, with reference to the definition of the problems of reacquisition, evaluation by reassignment and the discontinuity of the existing urban fabric due to the fragmented map made up of funds that become available again.The study presented will be followed, in the forthcoming publication, by the examination of a case study of an industrial area of the Italian territory.
Conference papers on the topic "Economic and Financial Crimes Commission"
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Marino, Silvia. "THE EU COMMISSION PLAN TO SUPPORT THE ECONOMY: THE COMPATIBILITY OF STATE AIDS IN EMERGENCY SITUATIONS." In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22412.
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The serious risk of a general economic crisis within the internal market, due to the development of the COVID-19 pandemic, has pushed the EU Commission to react in the context of the economic and financial support to the undertakings. The EU Communication of 13 March 2020 offers a first coordinated answer to the prospected crisis. Its most interesting aspect is the clarification of the financial and economic intervention in the economy. The EU Commission suggests that the best actor for the intervention to maintain the competition in the internal market is that of the State(s), but rush to subsidies shall be avoided. Therefore, parts of the Communications are devoted to the evaluation and to the compatibility of State aid projects, in the creation of a new Temporary Framework on State aids. This general approach has proved not-efficient as the pandemic had started affecting all the (Member) States, which reacted with different lock down measures. Therefore, the following amendments to the Communications focus on the future applicable criteria for the compatibility of State aids to face the economic crisis. This paper analyses the EU Commission Temporary Framework on State aid, in order to detect the extent to which it derogates or softens the previous system. For this purpose, the article analyses in depth the EU Commission’s Communications in the light of regulation n. 651/2014. After a brief analysis of the practice, the continuity of the Temporary Framework with the common State aid regulation is stressed.
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Sibe, Robinson Tombari, and S. Raschid Muller. "Digital Forensic Readiness of Cybercrime Investigating Institutions in Nigeria: A Case Study of the Economic and Financial Crimes Commission (EFCC) and the Nigeria Police Force." In The International Conference on Research in Management & Technovation. PTI, 2022. http://dx.doi.org/10.15439/2022m9438.
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Sousa, Sara, Carla Henriques, and Joana Leite. "Exploring the Value of the Sea: A Study of the Blue Economy in the EU and Portugal." In 7th FEB International Scientific Conference. University of Maribor, University Press, 2023. http://dx.doi.org/10.18690/um.epf.3.2023.15.
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This paper examines the concept of the "blue economy" in the context of the European Union (EU) and Portugal, exploring the economic importance of the sea and its resources. First, it provides an overview of the EU blue economy and its contribution to the overall EU economy over the last decade. Data from the European Commission shows that coastal tourism is the most important sector both in terms of Gross Value Added (GVA) and employment, with the four largest EU countries (Spain, Germany, Italy, and France) being the largest contributors to the EU blue economy. In this context, this study aimed to investigate the performance of Portuguese coastal tourism in comparison to other European coastal countries, particularly in relation to the 2008 financial crisis and the COVID-19 pandemic. The findings show that Portugal's GVA generated by the coastal tourism sector was consistently lower than the respective mean of all other European coastal countries in several years. The statistical tests confirm these results and suggest that Portugal's coastal tourism sector may need more attention and efforts to improve its economic performance.
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Nikoloska, Svetlana. "TACTICS OF APPLICATION OF MEASURES AND ACTIONS IN THE CRIMINAL INVESTIGATION OF ECONOMIC - FINANCIAL CRIME." In SECURITY HORIZONS. Faculty of Security- Skopje, 2022. http://dx.doi.org/10.20544/icp.3.7.22.p02.
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Economic-financial crime is a special group of crimes for which legal measures and actions are applied for detection, clarification and provision of evidence, but in order to achieve appropriate results for provision of relevant evidentiary material, appropriate tactics are needed in the criminal investigation. The detection of this crime is related to obtaining information of a certain category of perpetrators who commit crimes related to their jobs, performing certain functions or duties; the crime is related to abusement in the performance of the crime, and the motives are abuse of powers and acquisition of unlawful property benefit. The process of detection is followed by tactics for obtaining operational information, a process of branching out with tactics of applying legal measures and actions. The subject of this paper is an analysis of the tactics related to the application of legal measures and actions, and the most important ones related to the insight into business documentation, the tactics of conducting a conversation with suspects and the tactics of securing economicfinancial documentation and those related to the entire selection and provision of relevant evidentiary material. Keywords: economic – financial crime, abuse of powers, insight into business documentation
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Shahbazov, R. F., G. I. Plohih, and V. K. Tarykin. "Differentiation of Complicity in the Commission of Crimes in the Field of Non-Cash Payments." In 2nd International Scientific and Practical Conference “Modern Management Trends and the Digital Economy: from Regional Development to Global Economic Growth” (MTDE 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200502.208.
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Antonov, I. M. "ILLEGAL EXTRACTION AND CIRCULATION OF ESPECIALLY VALUABLE WILD ANIMALS AND AQUATIC BIOLOGICAL RESOURCES: ISSUES OF PENALIZATION." In Problems and mechanisms of implementation of national priorities of socio-economic development of Russia. Khabarovsk State University of Economics and Law, 2020. http://dx.doi.org/10.38161/978-5-7823-0740-0-2020-239-244.
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The paper deals with certain issues of legislative (legal) penalization of illegal extraction and circulation of especially valuable wild animals and aquatic biological resources. The sanctions established by art. 2581 of the Criminal Code of the Russian Federation. The author comes to the conclusion that the penalization of these crimes was carried out suboptimally, and the design of the sanctions provided for their commission requires improvement
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Nikoloska, Svetlana. "LEGAL AND CRIMINALISTICS FEATURES OF THE CRIMES OF "ABUSE OF POSITION AND AUTHORITY" AND "MONEY LAUNDERING AND OTHER PROCEEDS OF CRIME"." In SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.5.21.p05.
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The criminal offenses "Abuse of official position or authority" and "Money laundering and other proceeds of crime" are in the group of economic-financial crimes and they have their criminalistics characteristics and may be related to each other in a criminalistics situation in cases where the illegal property gains, gained from abuses, are legalized through money laundering. These are complex criminalistics situations in which it is important to distinguish the criminal behavior of the previous crime from the criminal behavior of money laundering, especially because the Macedonian legislator provides for the crime of abuse of officials in financial institutions involved in the process of money laundering or disclosing information about a secret financial investigation. This paper will analyze the criminal-legal characteristics of the two crimes, analyzing the criminalistics characteristics especially from the aspect of their connection. The study of these two crimes is important because the crime "Abuse of official position and authority" is the most committed economic-financial crime, with which the perpetrators gain high criminal proceeds that are subject to money laundering, and it will be analyzed through a case from the Macedonian criminal practice. The purpose of the paper is to obtain indicators for real connection of the mentioned crimes, indicators for the status of perpetrators, the manner of execution, and the used money laundering schemes, but also indicators for actions taken to secure and confiscate illegally acquired property. Keywords: abuse of office, money laundering, crime, criminal proceeds, indicators, confiscation.
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Chaves, Rubens Marques, André Luis Debiaso Rossi, and Luís Paulo Faina Garcia. "A Financial Distress Prediction using a Non-stationary Dataset." In Encontro Nacional de Inteligência Artificial e Computacional. Sociedade Brasileira de Computação - SBC, 2023. http://dx.doi.org/10.5753/eniac.2023.234013.
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Financial distress prediction (FDP) is crucial to companies, investors, and authorities. However, most FDP studies have been based on stationary models, disregarding important challenges present on financial distress data such as non-stationarity. Therefore, the lack of real-world datasets of economic-financial indicators organized in a timeline manner is a gap to be addressed. This study proposes a comprehensive dataset of 84 economic-financial indicators from the Brazilian Securities and Exchange Commission (CVM) organized in a non-stationary manner and validated by experiments using classification models. The results of the metrics AUC-ROC, AUC-PS, F1-Score and Gmean bring evidences that the dataset is suitable for FDP.
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Nikolovski, Marjan, Mila Shibak-Dimkovska та Frosina Nikolovska. "MONEY TRACК IN THE FUNCTION OF DETECTION AND PROVING CORRUPTION CRIMES". У SECURITY HORIZONS. Faculty of Security- Skopje, 2021. http://dx.doi.org/10.20544/icp.2.5.21.p06.
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des of the Republic of North Macedonia on Corruption", conducted by the Faculty of Security in Skopje in the period 2013-2017. The emphasis will be on tracking the money trail for the purpose of detecting, preventing and proving corruption offenses. The campaign to point out the dangers of corruption (which threatens to break the foundations of the state's economic-legal system and endanger fundamental human rights) is increasingly becoming a necessity in the Republic of North Macedonia. At the same time, tackling corruption as a negative social phenomenon is increasingly present in the activities of international organizations such as the United Nations, the Council of Europe, the Organization for European Co-operation and Development, the World Bank and the European Bank for Reconstruction and Development. The results of the research indicate that the Republic of North Macedonia is a country where corruption is still high in all spheres of human life. The presence of corruption is slowing the further economic progress of the state. Corruption is also a reason for changing more political structures, as well as establishing specialized institutions for prosecuting corruption and organized crime, but the general impression of citizens is that corruption is still prevalent. When it comes to preventing corruption, it is especially important to detect the financial means acquired by corruption offenses, and to track them at home and abroad, as well as to confiscate them. It thus acts as a disincentive to future planned corruption offenses and protects the state budget. Keywords: corruption, money trail, prevention, disclosure
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Platonova, Irina N., and Maria A. Maksakova. "Promoting small and medium-sized businesses in Europe for sustainable development in the digitalization era." In Sustainable and Innovative Development in the Global Digital Age. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcsebm.jarg4694.
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Taking into account the fact that enterprises of small and medium-sized businesses account for the largest share of all the EU- nterprises, create a significant number of jobs, make a great contribution to the development of the European countries economies, promoting their participation in the implementation of the Sustainable Development Goals is an urgent problem. Therefore, its solution is of great practical importance. The use of a criterion analysis of different views on the forms of assistance to small and medium-sized enterprises shows that the need to find financial resources in order to participate in the “green” economy is not always taken into account. Based on the content analysis of the reports of the European Commission and national programs on sustainable development, the need for comprehensive support for small and medium-sized businesses is justified. This particular study emphasizes the need to assist small and medium-sized enterprises in order to overcome the negative consequences of the corona-crisis for their activities. A comparative analysis of the sustainable development practices of European countries led to the conclusion that a comprehensive form of assistance to small and medium-sized enterprises can be their cooperation with large business, which receives state support in the form of grants and subsidies and is able to attract small and medium-sized businesses to participate in global value chains, which in the future will expand the number of participants implementing the European Green Deal.
Reports on the topic "Economic and Financial Crimes Commission"
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León, Carlos. Digital Operational Resilience Act (DORA). FNA, 2023. http://dx.doi.org/10.69701/deff9232.
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One of the key lessons of the 2007-2008 global financial crisis is the importance of financial market infrastructures (FMIs) as a pillar of financial stability. Before, the role of financial market infrastructures, namely the provision of trading, clearing, settling, recording, and compressing services for transactions between financial institutions (FIs) was often taken for granted. This was reflected in FMIs having often been referred to as the financial system’s plumbing, including by the Federal Reserve’s 14th chairman (Bernanke, 2011)—a clear reference to the critical yet concealed importance of FMIs in the safe and efficient functioning of financial markets. Today, it is clear that the failure of an important FMI will almost certainly lead to systemic instability in financial markets. Given this, it is evident that FMIs are critical infrastructures; that is, based on a definition by the European Commission (2008), FMIs can be considered systems that are essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people. In light of this importance, it’s perhaps surprising that the literature about financial networks has addressed the importance of FMIs rather recently and sparingly. The archetypical financial network, composed of FIs as elements (the nodes) that are interlinked through different types of relations (e.g., exposures, payments, ownership, common holdings), has been complemented by the introduction of FMIs as an additional layer that provides a medium for FIs to interact. As highlighted in Berndsen, et al. (2018), a network of FIs that does not include FMIs is a logical network—one that displays bilateral relations despite those requiring the intervention of an FMI to exist. And that’s why the plumbing reference is particularly illustrative: when looking at the floor plan of a house, the plumbing is a critical additional layer hidden beneath the first—immediately visible—layer; in a building, carelessly knocking down a wall could have a disastrous effect on the supply of water, electricity, gas, communications within the apartment and even to others above and below–not to mention the effect on the structural integrity of the building. However, there are further layers beneath those containing FIs and FMIs. In fact, a financial network composed of FIs and FMIs is still a logical network, as the connections between FIs and FMIs also require the intervention of other elements to exist. Those elements provide the physical connection that enables the interlinkages among FIs and FMIs, in the form of wired (e.g., cable) or wireless (e.g., radio waves) connections. That is, as stated by Berndsen, et al. (2018), the interdependence of financial markets with physical networks, such as power and communication networks, make those networks critical infrastructures and obvious candidates for examining the stability of financial systems from an operational perspective.
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Soramäki, Kimmo. Financial Cartography. FNA, 2019. http://dx.doi.org/10.69701/ertx8007.
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Geographic maps have been of military and economic importance throughout the ages. Rulers have commissioned maps to control the financial, economic, political, and military aspects of their sovereign entities. Large scale projects like the Ordnance Survey in the UK in the late 18th century, and the Lewis and Clark Expedition a few decades later to map the American West, are early examples of trailblazing efforts to create accurate modern maps of high strategic importance. Digitalization, globalization, and a larger urban and educated workforce necessitate a new understanding of the world, beyond traditional maps based on geographic features. Many of today's most critical threats know no geographic borders. For instance, cyber attacks can be orchestrated through globally distributed bot networks; just-in-time manufacturing relies on the free flow of goods across jurisdictions; global markets and the infrastructures that support them relay information and price signals globally within seconds. A lack of understanding financial interdependencies was clearly demonstrated by the freezing of credit markets in the last financial crisis and the uncertainty created by Brexit. Ten years after the financial crisis, we are still only beginning to map, model and visualise these critical maps of the financial world. We call for attention to work on a large scale project of "Financial Cartography" to address this gap. In financial cartography, we replace geographic proximity with logical proximity, such as financial interdependence, similarity (e.g., of portfolio or income streams), a flow of transactions or a magnitude of exposures. Similar to geographic maps, financial maps will find many important uses across business, government and military domains. Critically, they are needed for protection and projection of state power, for optimizing and managing risks in business, and in making policy decisions related to the major challenges of climate change, mass migration and geopolitical instability. Fundamentally, cartography is a way that reality can be modeled to communicate information on “big data” sets. Cartography allows one to simplify and reduce the complexity of the data to highlight salient features of the data, and to filter out noise. This makes maps ideal devices to increase the bandwidth by which information can be communicated to its users, for making quick decision based on complex data. In the following pages, we make a case and provide starting points for a research agenda around "Financial Cartography" in three interrelated parts: Maps of Trade Networks Maps of Financial Markets and Maps of Financial Market Infrastructures
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Wolfmaier, Susanne, Adrian Foong, and Christian König. Climate, conflict and COVID-19: How does the pandemic affect EU policies on climate-fragility? Adelphi research gemeinnützige GmbH, 2021. http://dx.doi.org/10.55317/casc018.
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The links between climate change and conflict have been well-documented in recent observations and academic literature: far from being causally direct, these links often depend on specific conditions and occur through certain pathways (Koubi, 2019). For example, conflicts have been found to be more likely in areas with poor access to infrastructure and facilities (Detges, 2016), or where government distrust and political bias are prevalent (Detges, 2017). As such, climate change has often been described as a ‘threat multiplier’, making it imperative for security and development actors to consider these fragility risks collectively in their policies and strategies. In addition to the expected impacts of climate change on the European Union (EU), such as increasing temperatures, extreme weather events or rising sea levels, climate change also has “direct and indirect international security impacts” for the EU’s foreign- and security policy (Council of the European Union, 2016). These affect for example migration, food security, access to resources and socio-economic factors that possibly contribute to disruptions (ibid.). The resulting fragility may affect the EU by contributing to changes in geopolitical power dynamics, whilst at the same time needs for support in neighbouring and partner countries could increase (Brown, Le More & Raasteen, 2020). The EU has increasingly acknowledged climate-fragility risks over the last years, as is evident from several key foreign policy strategies, agreements, and decisions. The European Green Deal, for example, aims to cushion climate and environmental impacts that may exacerbate instability (European Commission, 2019). At the regional level, individual policies underline the links between climate impacts and security in partner regions, such as for the Sahel (Council of the European Union, 2021a) and the Neighbourhood (EEAS, 2021a), stressing the importance in tackling those risks. To that end, the EU has been at the forefront in providing multilateral support for its partner regions, through its various instruments related to climate, environment, development, and security. According to official EU sources, EU funding for official development assistance (ODA) rose by 15% in nominal terms from 2019 to €66.8 billion in 2020 (European Commission, 2021a). Furthermore, the share dedicated to climate action is also growing: the EU initiative Global Climate Change Alliance Plus (GCCA+) received an additional €102.5 million for the period 2014-2020 compared to the previous phase 2004- 2014 (European Commission, n.d.). Looking ahead, the EU’s recently approved Multiannual Financial Framework for 2021-2027 is set to provide €110.6 billion in funding for external action and pre-accession assistance to its Neighbourhood and rest of the world (European Commission, 2021b). Despite the increased recognition of climate-related fragility risks in EU policies and the funding committed to climate action and international development, implementation of concrete measures to address these risks are lagging behind, with only a handful of EUfunded projects addressing climate-fragility risks (Brown, Le More & Raasteen, 2020). Compounding these challenges is the COVID-19 pandemic. Despite the current vaccine rollout worldwide, and with some countries seeing a potential end to the health crisis, the pandemic has taken – and continues to take – its toll in many parts of the world. The unprecedented nature of COVID-19 could ultimately make it more difficult for the EU to address the impacts of climate change on fragility and security in its partner regions. In other words: How does the pandemic affect the EU’s ability to address climate-fragility risks in its neighbourhood? To answer this question, this paper will explore the implications of COVID-19 on relevant EU policies and strategies that address the climate security nexus, focusing on three regions: the Sahel, North Africa, and Western Balkans. These regions were chosen for geographical representativeness (i.e., being the EU’s southern and eastern neighbouring regions), as well as being priority regions for EU external action, and, in the case of the Western Balkans, for EU accession.1 The remainder of the paper is structured as follows: Section 2 outlines, in general terms, the impacts of the pandemic on the political priorities and ability of the EU to address climate-fragility risks. Section 3 explores, for each focus region, how the pandemic affects key objectives of EU policies aiming at reducing climate-fragility risks in that region. Section 4 provides several recommendations on how the EU can better address the interlinking risks associated with climate-fragility and COVID-19.
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Research Department - International Section - Economic Commission for Asia and the Far East - The Working Party of Experts on Financial Development Programmes in Asia and the Far East - 25/10/54 - 30/10/54. Reserve Bank of Australia, 2022. http://dx.doi.org/10.47688/rba_archives_2006/17435.
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