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Journal articles on the topic 'Predicate offences'
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1
Waris, Attiya, and Laila Abdul Latif. "The effect of tax amnesty on anti-money laundering in Bangladesh." Journal of Money Laundering Control 17, no. 2 (May 6, 2014): 243–55. http://dx.doi.org/10.1108/jmlc-04-2013-0011.
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Purpose – The article aims to rely on the global wealth chains theory to study the effect of tax amnesty on anti-money laundering (AML) in Bangladesh. This theory is an analytical framework intended to identify how wealth is repackaged and disguised to move it out of spheres of state oversight, regulation and taxation. It introduces the law on AML in Bangladesh, pointing out the revised Financial Action Task Force (FATF) recommendation that has expanded the scope of money laundering predicate offences to cover both indirect and direct tax crimes and smuggling in relation to customs and excise duties and taxes. Design/methodology/approach – Interviews in Bangladesh and desk research. Findings – There are some gaps in the scope of the offence, the coverage of predicate offences and the types of property covered by the money laundering offence. There is also an absence of financial penalties available to effectively sanction legal persons. The current money laundering offences are derived from the ordinance issued in 2008 by the caretaker government (2006-2008). The current act contains detailed definitions of money laundering and property and a list of predicate offences and sanctions for the offence. However, there are some gaps in the physical elements of the offence, and the range of its predicate offences remains too narrow. Adding tax evasion to its list of predicate offences will, given the history of money laundering in Bangladesh, aid in combating illegal transfer of assets abroad and recovery of the same and abolish tax amnesty. Originality/value – There is no paper that has analysed the linkages between money laundering and taxation in developing countries, especially Bangladesh.
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Alldridge, Peter. "Are Tax Evasion Offences Predicate Offences for Money‐Laundering Offences?" Journal of Money Laundering Control 4, no. 4 (February 2001): 350–59. http://dx.doi.org/10.1108/eb027286.
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Islam, Mohammad Saiful, Sharmin Akter Eva, and Mohammad Zahed Hossain. "Predicate Offences of Money Laundering and Anti Money Laundering Practices in Bangladesh Among South Asian Countries." Studies in Business and Economics 12, no. 3 (December 20, 2017): 63–75. http://dx.doi.org/10.1515/sbe-2017-0037.
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Abstract The purpose of the study is to identify the main reasons of money laundering in Bangladesh among the twenty seven predicate offences of money laundering prescribed by Bangladesh Bank and position of Bangladesh among South Asian Countries regarding anti-money laundering practices. Besides, an anti-money laundering model has been developed to combat against money laundering as 14 percent bankers think that only existing know your customer form and transaction profile of banking sector are not enough to detect money laundering. To conduct the study, 91 bankers have been surveyed to take response through structured questionnaire regarding their opinion about the predicate offences of money laundering and sufficiency of existing KYC form of banking sector to detect money laundering. From the responses, factor analysis, test of hypothesis, correlation and regression analysis have been conducted using SPSS software. The study identifies that predicate offences of money laundering can be minimized mainly through scrutinizing the activities of local criminals with foreign network and strict anti-corruption measures through automation in National Board of Revenue, strict policy adoption of criminal detection and support from foreign experts. Besides, regression model shows that only six predicate offences of money laundering explains 87.2 percent of money laundering that should get more emphasize to combat against money laundering. From the comparative analysis, it has been found that Bangladesh in holding better position just after India among six South Asian Countries according to Basel AML Index score. This study provides a complete understanding of the position of Bangladesh in case of money laundering and anti-money laundering practices. The integration of four domains, i.e. AML model development, factor analysis, econometric analysis and comparative analysis of AML index will provide insights to managers and policy makers about the money laundering scenario in Bangladesh.
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Murray, Kenneth. "In the shadow of the dark twin – proving criminality in money laundering cases." Journal of Money Laundering Control 19, no. 4 (October 3, 2016): 447–58. http://dx.doi.org/10.1108/jmlc-02-2016-0009.
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Purpose This paper aims to highlight the persistent influence of the concept of “predicate offence” in respect of how the crime of money laundering is conceived and discussed, and to discuss how this inhibits the ability to prosecute the crime even where, as is the case in the UK, “predicate offence” is not a requirement of the relevant legislation. Design/methodology/approach Discussion of a recent UK Supreme Court judgment, R v GH, in particular, how the import of it appears to contrast with perceptions offered by the experience of two recent money laundering convictions on Scotland, where no evidence was led on establishing the money was criminal before the criminal act was libelled as money laundering. Design of modern money laundering schemes are illustrated and assessed in terms of how they can be prosecuted in the context of prevailing interpretations of the law. Findings The effectiveness of the UK money laundering offences as set out in the Proceeds of Crime Act of 2002 requires revaluation. Clarification is required in respect of how criminality in such cases can be proved. Consideration should be given to introducing new legislation targeted at the transmission of money or value under the cover of false documentation. Research limitations/implications Clarification is required on how the concept of “irresistible inference” as established by R v Anwoir can be applied to money laundering cases in light of the R v GH judgement of the UK Supreme Court. Practical implications Upgrade of law enforcement knowledge base and investigation skills is required to prosecute existing money laundering offences more effectively, but the lack of clarity as to what will suffice as proof of criminality serves to inhibit the investigation of these crimes as well as their prosecution. Social implications Protection of democracies, democratic institutions and the communities they serve from the corrupting influence of laundered criminal money through more effective prosecution of money laundering offences. Originality/value To encourage discussion on whether the relevant legislation remains fit for purpose and what practical measures can be taken to improve it.
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Foo, Kenny. "Mapping the contours and limits of “irresistible inference”." Journal of Money Laundering Control 23, no. 4 (May 30, 2020): 735–43. http://dx.doi.org/10.1108/jmlc-03-2020-0027.
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Purpose In R v Anwoir [2008] EWCA Crim 1354, the English Court of Appeal held that, in money laundering prosecutions, the criminal provenance of property can be proved by showing that the circumstances in which the property was handled give rise to the irresistible inference that it can only have been derived from crime. The purpose of this paper is to analyse subsequent developments that have revealed the contours, and some of the limits, of proof by “irresistible inference”. Design/methodology/approach This paper reviews the reported cases in which an “irresistible inference” was drawn and identifies the features common to most of them. It then explores the limits of proof by “irresistible inference” by reference to the continuing relevance of predicate offences and the use of money laundering tools and techniques for non-laundering purposes. Findings Most of the cases in which an “irresistible inference” was drawn fall within a narrow compass of five categories. The breadth of the principle is constrained by the characteristics of the predicate offence, and its usefulness is limited in cases where the typologies of the predicate offence and the money laundering offence overlap significantly. Originality/value This paper may be useful to those involved in prosecuting or defending money laundering cases, as well as regulated persons assessing their money laundering risks and disclosure obligations.
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Mniwasa, Eugene E. "The financial intelligence unit and money laundering control in Tanzania." Journal of Money Laundering Control 22, no. 3 (July 2, 2019): 543–62. http://dx.doi.org/10.1108/jmlc-07-2018-0043.
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Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.
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Somawijaya and Ajie Ramdan. "The Influence Of The Constitutional Court Decision Against Combating Money Laundering In The Context Of Criminal Law Reform." Constitutional Review 1, no. 2 (March 28, 2016): 99. http://dx.doi.org/10.31078/consrev125.
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According to Moeljatno, Criminal Law is a part of a country’s legal system that prohibits certain acts with the threat of sanction for those who break said laws, determines when and in what cases such punishments should be imposed upon those who commit said acts and determines precisely how punishments should be carried out in the event that a person is accused of such acts. This paper will analyse Constitutional Court Decision No. 77/PUU-XII/2014 and Decision No. 21/PUU-XII/2014 regarding Criminal Law reform. Looking to the theory of procedural criminal law, an indictment of cumulative charges of money laundering requires that the underlying predicate offences be proven. If, for example, the predicate offence is corruption, the corruption must be proven as multiple crimes have been committed by the same suspect, namely corruption leading to money laundering. the Decision of the Pretrial Judge of the Court of South Jakarta, Sarpin Rizaldi, and Constitution Court Decision No. 21/PUU- XII/2014 on the review of Article 77 of Act No. 8 Year 1981 concerning the Law of Criminal Procedure broadened the range of pretrial objects and greatly affected the principles of formal criminal law.
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Yanuar, Muh Afdal. "Diskursus antara Kedudukan Delik Pencucian Uang sebagai Independent Crime dengan sebagai Follow Up Crime Pasca Putusan MK Nomor 90/PUU-XIII/2015." Jurnal Konstitusi 16, no. 4 (January 28, 2020): 721. http://dx.doi.org/10.31078/jk1643.
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Sebagai tindak pidana lanjutan (follow up crime), kedudukan tindak pidana pencucian uang dilihat berdasarkan terjadinya tindak pidana tersebut secara faktual. Akan tetapi, jika cara memandang Tindak Pidana Pencucian Uang sebagai follow up crime seperti itu dipertahankan dalam hal pembuktian, maka riskan untuk membuat tidak efektifnya pembuktian terhadap Tindak Pidana Pencucian Uang dalam keadaan-keadaan tertentu, utamanya dalam hal materiele dader tindak pidana asal tersebut sedang berstatus DPO. Oleh sebab itu, dimunculkanlah sebuah ide yang pada pokoknya menghendaki agar dalam keadaan demikian, masih dimungkinkan untuk dibuktikan tindak pidana pencucian uangnya. Konsep itu disebut dengan istilah independent crime, yang melihat kedudukan TPPU dari perspektif unsur esensial dari delik pencucian uang, dan dari perspektif pembuktian tindak pidana pencucian uang itu sendiri. Dan hal tersebut juga tidak menyalahi apa yang tertuang dalam Putusan Mahkamah Konstitusi No 90/PUU-XIII/2015, sebagaimana dalam ratio decidendi putusan tersebut Mahkamah menyatakan bahwa frasa "tidak wajib dibuktikan terlebih dahulu" bukan berarti tidak perlu dibuktikan sama sekali tindak pidana asalnya, namun TPPU tidak perlu menunggu lama sampai perkara pidana asalnya diputus atau telah memperoleh kekuatan hukum tetap.As a follow up crime, money laundering offences are seen factually based on the offences done. However, if this perspective about money laundering as a follow up crime is maintained in the trial process perspective, it would be very risky of making the Money Laundering’s proofs in the court. Some may become ineffective in certain circumstances, especially in term of the materiele dader of predicate offences have declared as a fugitive. For that reason, an idea is created which in essence allow to, in such circumstances, prove his/her money laundering offences. This concept is recognized as the concept of “independent crime”, which sees the crime of money laundering from the essential element of money laundering offense, and from the proofing perspective of the money laundering itself. This is also in line with the decision of the Constitutional Court number 90/PUU-XII/2015, where in the ratio decidendi of the decision, the Constitutional Court declared that the phrase “not obligated to be proven first” does not mean that there is no obligation at all to prove the original offense, instead it means that for it to continue its legal proceeding, but that does not have to wait for the original offense to be sentenced or has received permanent legal force.
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Maugeri, Anna Maria. "Self-laundering of the proceeds of tax evasion in comparative law." New Journal of European Criminal Law 9, no. 1 (March 2018): 83–108. http://dx.doi.org/10.1177/2032284418757385.
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The supranational and, in particular, European legislation impose the inclusion of tax evasion among the predicate offences of the money laundering and urge the introduction of the offence of self-laundering. Despite these inputs, the criminalization of self-laundering is problematic in terms of respect of the rule of law. In this perspective, the article highlights the difficulty of considering, in comparative law, the proceeds of tax evasion as a criminal profit which can be laundered, as well as the problems posed by the criminalization of self-laundering of this tax saving with respect to the principles of both ne bis in idem and proportionality. Subsequently, the article will focus on the aims of criminalizing the act of self-laundering, and also in this perspective the link emerges with tax evasion, before evaluating the necessity of such a tool in the broader armamentarium available today in the fight against the accumulation of illicit capital.
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P.Y., Leonov, and Epifanova O. A. "Optimization of Taxes as a Factor of Money Laundering." KnE Social Sciences 3, no. 2 (February 15, 2018): 341. http://dx.doi.org/10.18502/kss.v3i2.1562.
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The optimization of the tax base remains a serious challenge for any business entity. At the same time, the challenge to keep economic activities in the legal field remains no less urgent. This paper deals with the issues of optimizing profit tax. Such methods of the tax optimization as the creation of various reserves, depreciation savings, leasing operations are analyzed. Special attention is paid to such negative phenomena as predicate offences. Their features are described, as well as the possible consequences of their commitment.
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Igbinedion, Simeon A. "Human Rights as a Basis for Recovering the Proceeds of Grand Corruption." African Journal of International and Comparative Law 26, no. 4 (November 2018): 483–506. http://dx.doi.org/10.3366/ajicl.2018.0245.
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This article examines the problem associated with the reluctance of public officials of states victimised by grand corruption (victim states) to diligently pursue the recovery of plundered national assets located abroad. Traditionally, only the victim state can initiate processes for assets recovery. However, it cannot do so due to the complicity of its public officials in the commission of the underlying predicate and money laundering offences. Consequently, the victim state is deprived of the fair opportunity to recover assets derived from such offences and, ipso facto, such deprivation worsens the inability of the victim state to realise the second-generation rights of its citizens. Relying on the jurisprudence of international human rights, the article argues for the establishment of an alternative assets recovery mechanism. Specifically, it advocates the unilateral participation of states other than victim states (and other entities) in recovering those assets on behalf of the victim state despite the discordance of its officials.
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Gudjonsson, Gisli H., and Krishna K. Singh. "Attribution of Blame for Criminal Acts and its Relationship with Type of Offence." Medicine, Science and the Law 28, no. 4 (October 1988): 301–3. http://dx.doi.org/10.1177/002580248802800407.
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ABSTRACT: This paper examines the relationship between type of offence and attribution of blame by offenders for their criminal activity. The Gudjonsson Blame Attribution Inventory (GBAI) was administered to 139 prisoners at Grendon Psychiatric Prison, and 37 psychiatric patients with a forensic history. As predicted, a significant relationship with type of offence was found. Subjects who had committed sexual offences reported the strongest remorse for their offence, and those who had committed violent offences (e.g. homicide, grevious bodily harm) were more likely to attribute their offence to mental factors (e.g. loss of self-control, depression).
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Jean, Underwood, and Tomisson Carolyne. "Generational differences in response to youth offenders: myth or reality?" RICERCHE DI PSICOLOGIA, no. 3 (January 2012): 460–69. http://dx.doi.org/10.3280/rip2010-003007.
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This empirical study examined generational cohort differences in perceptions of youth offending. Based on own-group bias, it was hypothesised that younger participants would be more tolerant of youth crime than the older generation, which would be shown by attitudes in favour of more lenient sentencing of offenders. Predicated on attribution theory, it was hypothesised that the provision of mitigating information about the offender would change individual's attitudes, and in turn, behaviour towards the offender leading to less draconian sentencing. Sixty participants, divided into four groups (2 groups of 15 aged 18-24 year olds; 2 groups of 15 aged over 40) allocated appropriate sentences to offenders depicted in ten short vignettes, half were offences against the person and the remaining five were crimes against property. One younger and one older group of participants received vignettes depicting the bare facts of the offence and offender; the other two groups (one young, one older) had additional information on background of the offender. While there were no main effects of age or task, both groups viewed crimes against the person more seriously than those against property. Without additional information older participants were more punitive than younger participants as predicted by the theory of own-group bias. However, younger participants were less swayed by mitigating information than their older counterparts, with the latter awarding more lenient when such information was provided. Mitigating information about a youth offender did affect sentencing options but not with the younger participants. This has implications for the composition of juries in youth offender trials.
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Fix, Rebecca L., Melissa A. Cyperski, and Barry R. Burkhart. "Disproportionate Minority Contact." Sexual Abuse 29, no. 3 (August 2, 2016): 291–308. http://dx.doi.org/10.1177/1079063215601436.
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The overrepresentation of racial/ethnic minorities within the criminal justice system relative to their population percentage, a phenomenon termed disproportionate minority contact, has been examined within general adult and adolescent offender populations; yet few studies have tested whether this phenomenon extends to juvenile sexual offenders (JSOs). In addition, few studies have examined whether offender race/ethnicity influences registration and notification requirements, which JSOs are subject to in some U.S. states. The present study assessed for disproportionate minority contact among general delinquent offenders and JSOs, meaning it aimed to test whether the criminal justice system treats those accused of sexual and non-sexual offenses differently by racial/ethnic group. Furthermore, racial/ethnic group differences in risk, legal classification, and sexual offending were examined for JSOs. Results indicated disproportionate minority contact was present among juveniles with non-sexual offenses and JSOs in Alabama. In addition, offense category and risk scores differed between African American and European American JSOs. Finally, registration classifications were predicted by offending characteristics, but not race/ethnicity. Implications and future directions regarding disproportionate minority contact among JSOs and social and legal policy affecting JSOs are discussed.
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Farrington, David P. "Childhood risk and protective factors for early desisters, late desisters and life-course persistent offenders." Revista Española de Investigación Criminológica 17 (January 29, 2019): 1–33. http://dx.doi.org/10.46381/reic.v17i0.225.
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The aim of this article is to investigate the extent to which childhood risk and protective factors predict later persistence or desistance in criminal careers, as it has been argued that childhood factors are not predictive. In the Cambridge Study in Delinquent Development, 411 London males have been followed up from age 8 to age 56. This article investigates age 8-10 risk and protective factors for 37 life-course-persistent offenders (first offense up to age 20, last offense at age 40 or later), 38 late desisters (first offense up to age 20, last offense at age 21-39), 50 early desisters (first and last offenses up to age 20), 41 late onset offenders (first offense at age 21 or later), and 227 nonoffenders. 18 males were excluded from the analysis because they were not at risk of a recorded conviction from age 40 onwards (because of death or emigration). The results showed that several childhood factors predicted persistence compared with desistance. Individual and school risk factors (e.g. low popularity and low school attainment) were the most important predictors of whether an offender up to age 20 persisted after this age or desisted. Family protective factors (e.g. good child-rearing and high parental interest in education) were most important in protecting offenders from becoming life-course-persistent offenders and encouraging desistance before age 40.
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Karbela, Karbela. "PENYALAHGUNAAN LETTER OF CREDIT DALAM PERDAGANGAN EKSPOR IMPOR UNTUK MELAKUKAN TRADE BASED MONEY LAUNDERING STUDI TERHADAP KASUS L/C FIKTIF BNI." Jurnal Hukum & Pembangunan 39, no. 2 (June 3, 2009): 145. http://dx.doi.org/10.21143/jhp.vol39.no2.207.
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AbstrakThis article gives elaboration by analysis onfake letter of credit issuance atEN!. The letter of credit in false issued is categorized as trade based moneylaundering. The false is done by mark up method for export-import invoicesas conditioned document of letter of credit why resulted increased goodsprice become more expensive. More of misuse of letter of credit that is aimedto money laundering practice known as predicate offences by countelfeitdocuments like truly international business transaction has been executed.The author does analysis to prove the using of false letter of credit washappened in EN!. The author opinion in EN! case can be regarded as tradebased money laundering on letter of credit misused by made false of leller ofcredit documents and more the export import transaction itself
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Eke, Angela W., L. Maaike Helmus, and Michael C. Seto. "A Validation Study of the Child Pornography Offender Risk Tool (CPORT)." Sexual Abuse 31, no. 4 (March 29, 2018): 456–76. http://dx.doi.org/10.1177/1079063218762434.
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The Child Pornography Offender Risk Tool (CPORT) is a seven-item structured tool to assess the likelihood of future sexual offending over a 5-year fixed follow-up. The current study examined 5-year fixed follow-up data (15% any new sexual offense, 9% any new child pornography offense) for a validation sample of 80 men convicted of child pornography offense(s). Although statistical power was low, results were comparable with the development sample: The CPORT had slightly lower predictive accuracy for sexual recidivism for the overall group (area under the curve [AUC] = .70 vs. .74), but these values were not significantly different. Combining the development and validation samples, the CPORT predicted any sexual recidivism (AUC = .72) and child pornography recidivism specifically (AUC = .74), with similar accuracies. CPORT was also significantly predictive of these outcomes for the child pornography offenders with no known contact offenses. Strengths and weaknesses of incorporating CPORT into applied risk assessments are discussed.
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Bailey, Laura, Vincent Harinam, and Barak Ariel. "Victims, offenders and victim-offender overlaps of knife crime: A social network analysis approach using police records." PLOS ONE 15, no. 12 (December 11, 2020): e0242621. http://dx.doi.org/10.1371/journal.pone.0242621.
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Knife crime is a source of concern for the police in England and Wales, however little published research exists on this crime type. Who are the offenders who use knives to commit crime, when and why? Who are their victims, and is there a victim-offender overlap? What is the social network formation for people who are exposed to knife crime? Using a multidimensional approach, our aim is to answer these questions about one of England and Wales’ largest jurisdictions: Thames Valley. We first provide a state-of-the-art narrative review of the knife crime literature, followed by an analysis of population-level data on central tendency and dispersion of knife crimes reported to the police (2015–2019), on offences, offenders, victims, victim-offender overlaps and gang-related assaults. Social network analysis was used to explore the formations of offender-victim networks. Our findings show that knife crime represents a small proportion of crime (1.86%) and is associated largely with violence offenses. 16–34 year-old white males are at greatest risk of being the victims, offenders or victim-offenders of knife crime, with similar relative risks between these three categories. Both knife offenders and victims are likely to have a criminal record. Knife crimes are usually not gang-related (less than 20%), and experienced mostly between strangers, with the altercation often a non-retaliatory ‘one-off event’. Even gang-related knife crimes do not follow ‘tit-for-tat’ relationships—except when the individuals involved have extensive offending histories and then are likely to retaliate instantaneously. We conclude that while rare, an incident of knife crime remains predicable, as a substantial ratio of offenders and victims of future knife crime can be found in police records. Prevention strategies should not be focused on gang-related criminals, but on either prolific violent offenders or repeat victims who are known to the police—and therefore more susceptible to knife crime exposure.
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Mann, Chloe Amanda, Dara Mojtahedi, and Chelsea Leadley. "A multidimensional scalogram analysis of UK acid attacks: exploring the differences and similarities in offending characteristics." Safer Communities 19, no. 2 (June 8, 2020): 73–87. http://dx.doi.org/10.1108/sc-09-2019-0028.
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Purpose This study aims to determine whether cases of acid attacks within the UK could be differentiated based on the offence characteristics and motivations. Design/methodology/approach The study used a multi-dimensional scalogram analysis (MSA) to examine the similarities and differences between the behaviours that were acted out during the 30 cases. Findings Results found a clear division amongst acid attack offenders through multiple variables, mainly pertaining to whether the attack was predicated and the motivation. This was found to be comparable with instrumental and expressive actions. Practical implications The findings have potential to contribute to psychological theory to categorise and define acid attack offences. This would also greatly assist in suspect prioritisation and other aspects of police investigations. Originality/value Reports of acid attacks within the UK are rising. The motivations behind these offences are predominantly related to gang violence and acts of revenge. However, the current literature around acid attacks has largely focussed on the victim perspective, with little research around offenders and their actions.
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Mugarura, Norman. "The implications of Brexit for UK anti-money laundering regulations." Journal of Money Laundering Control 21, no. 1 (January 2, 2018): 5–21. http://dx.doi.org/10.1108/jmlc-07-2016-0032.
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Purpose The purpose of this paper is to explore the law relating to European Union (EU) Anti-Money Laundering (AML) Directives and the effect of Brexit on money laundering regulation in the UK and the EU. The first part of the paper involves a review of AML Directives and how they are transposed into the UK. The question whether the fourth AML directive or other directives due to become law in the UK will be implemented or culled will largely depend on the relationship between the UK and the EU going forward. The UK will have the full autonomy in terms of making decisions as to which laws to implement or which laws to scrap or to cull, as it sees fit. The UK having relinquished its membership of the EU notwithstanding could still be bound by EU anti-money directives particularly if it chooses to remain in the EU single market. The UK could also forge alliances with EU member states and in which case it will be expected to apply the same EU market rules as its other EU counterparts. The fourth AML directive that was due to become law in all EU member countries in June 2017. This directive was introduced to streamline the third AML directive (2005/60/EC) largely with regard to beneficial ownership of nominee accounts and politically exposed persons (PEPs). The paper scoped current EU AML directives, and how they have been used in the fight against money laundering both in the UK and beyond. Brexit is likely to have far-reaching implications on many regulatory areas, including in prevention of money laundering and its predicate offences in the UK and the EU. The fourth AML directive was due to become law in the UK on 26 June 2017, and whether the UK Government will go ahead and implement it or bin remains to be seen. Design/methodology/approach The paper has evaluated the potential effect of BREXIT on EU AML Directives in the UK, drawing examples in non-EU countries. It articulates the raft of EU AML Directives to assess whether the fourth AML directive (which was due to become law in June 2017) will become law in the UK or be culled. It draws on experiences of non-EU countries like Switzerland and Norway, which despite not being members of the EU, have full access to the EU single market. The first part of the paper provides a review of AML Directives in Europe and how they are internalised into member countries. Data were evaluated often alluding to existing mechanisms for harnessing EU AML Directives in member countries. The last part of the paper proposes the measures that are ought to be done to minimise or forestall the threat of money laundering and its predicate offences in the post-Brexit regulatory environment. Findings The BREXIT has already unravelled markets both in the UK and in the EU with far-reaching implications on money laundering regulation in multiple ways. The paper has articulated the mechanisms for internalisation of EU AML directives in all Member countries and countries that want to exit the EU. It is now clear that, as the UK voted to relinquish its membership of the EU, it will not be under any obligations to apply EU AML regimes or any other EU laws for that matter. The findings of the paper were not conclusive, as the UK government has not yet triggered Article 50 of Treaty of Lisbon on the functioning of the EU. The fourth AML directive, which was due to become law in the UK on 26 June 2016, could still be adopted or culled depending on the model the UK decides to adopt in its relationship with the EU going forward. There is a possibility for the UK to remain a member of the EU single market and to retain some of the regulatory rules it has operated in relation to money laundering regulation and its predicate offences. It could adopt the Norway, Switzerland or the Canadian model, each of which will have different implications for the UK and the EU in terms of their varied AML obligations. It will be in the commercial interests of the UK Government to not cull the fourth AML directive (which was due to become law in June 2017) but to transpose it into law. Research limitations/implications There were not so many papers written on the issue of Brexit in the context of this topic. It was therefore not possible to carry out a comparative review of Brexit and its effect on money laundering regulation in the UK, drawing on experiences of other countries that have exited. Practical implications Brexit is likely to have far-reaching implications on many regulatory areas, including prevention of money laundering and its predicate offences in the UK and the EU. Social implications The Brexit has elicited debates and policy discussions on many regulatory issues and not the least money laundering counter-measures in the post-Brexit environment. Brexit will have far-reaching implications for markets, people and national governments both in the EU and beyond. It has already unravelled social and economic life both in the UK and in the EU. The significance of paper is that it could enhance future research studies on money laundering regulation within countries delinking from regional market initiatives to address attendant changes. Originality/value This paper proffers insights into the Brexit and its implication on AML regulation in the UK and the EU during and post-Brexit era. To curtail the social-economic effect of Brexit on financial markets regulation, the UK should remain a member of the European single market not only to minimise the potential of losing more ground and leverage as a financial capital of the world but also to protect financial markets tumbling downhill!
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VULEVIĆ, PREDRAG. "CONSIDERING SENTENCE FOR PREDICATE OFFENSE." Kultura polisa, no. 44 (March 8, 2021): 111–22. http://dx.doi.org/10.51738/kpolisa2021.18.1r.2.05.
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The process of sentencing means individualization and customization types and extent of sentencing the crime and its perpetrator. In that way, the purpose of criminal law, which consists in the last defense of the society from crime, is best realized. The whole process of keeping the pre-trial and criminal proceedings has the ultimate goal of sentencing the defendant. Furthermore, the procedure of execution of the sentence is based on its previous measurement and adjustment of the personality of the convicted person. Hence, the case law abounds with examples in which an inadequately measured sentence has called into question the criminal procedure itself and the defensive function of criminal law in the society. The issue of sentencing in modern criminal law has been resolved in accordance with modern trends in the field of punishing perpetrators of criminal offenses. Therefore, we can distinguish between regular sentencing, which means that the perpetrator goes to court for one criminal offense. However, in court practice, it is not uncommon for the perpetrator to go to court due to multiple predicate offenses made in ideal or real time. In this case, special sentencing rules apply, which take into account the fact that several criminal offenses are tried at the same time. In criminal doctrine, there are several modalities of sentencing for predicate offenses. Their number varied in different time intervals. Our legislator has incorporated into its norms three ways of sentencing for predicate offenses. These are the systems: absorptions, asperations, and cumulations. In this paper, we will point out the advantages, disadvantages and applicability of each of these systems that sentencing predicate offenses.
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Chu, Chi Meng, Kynaston Ng, June Fong, and Jennifer Teoh. "Assessing Youth Who Sexually Offended." Sexual Abuse 24, no. 2 (August 8, 2011): 153–74. http://dx.doi.org/10.1177/1079063211404250.
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Recent research suggested that the predictive validity of adult sexual offender risk assessment measures can be affected when used cross-culturally, but there is no published study on the predictive validity of risk assessment measures for youth who sexually offended in a non-Western context. This study compared the predictive validity of three youth risk assessment measures (i.e., the Estimate of Risk of Adolescent Sexual Offense Recidivism [ERASOR], the Juvenile Sex Offender Assessment Protocol-II [J-SOAP-II], and the Youth Level of Service/Case Management Inventory [YLS/CMI]) for sexual and nonviolent recidivism in a sample of 104 male youth who sexually offended within a Singaporean context ( Mfollow-up = 1,637 days; SDfollow-up = 491). Results showed that the ERASOR overall clinical rating and total score significantly predicted sexual recidivism but only the former significantly predicted time to sexual reoffense. All of the measures (i.e., the ERASOR overall clinical rating and total score, the J-SOAP-II total score, as well as the YLS/CMI) significantly predicted nonsexual recidivism and time to nonsexual reoffense for this sample of youth who sexually offended. Overall, the results suggest that the ERASOR appears to be suited for assessing youth who sexually offended in a non-Western context, but the J-SOAP-II and the YLS/CMI have limited utility for such a purpose.
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Brouillette-Alarie, Sébastien, and Jean Proulx. "The Etiology of Risk in Sexual Offenders: A Preliminary Model." Sexual Abuse 31, no. 4 (March 5, 2018): 431–55. http://dx.doi.org/10.1177/1079063218759325.
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Sexual offender risk assessment practice is considered by many to be atheoretical. The identification of the most predictive risk factors and tools has typically overshadowed questions about etiology. To gain insight into the origins of criminal behavior among sexual offenders, we developed and validated an etiological model of risk based on the theoretical framework of Beech and Ward. Our model focused on persistence rather than onset, and encompassed both the sexual and nonsexual criminal activity of these offenders. It comprised two pathways. The first was characterized by sexual victimization, social isolation, and early deviant sexual fantasies. It led to a prolific involvement in sexual criminality (especially toward children) and predicted sexual recidivism. The second pathway was characterized by externalization problems, sexual promiscuity, and physical/psychological victimization, and was associated with nonsexual offending and serious sexual offenses directed (mostly) toward women. It predicted all types of recidivism.
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Stinson, Jill D., Judith V. Becker, and Lee Ann McVay. "Treatment Progress and Behavior Following 2 Years of Inpatient Sex Offender Treatment." Sexual Abuse 29, no. 1 (August 1, 2016): 3–27. http://dx.doi.org/10.1177/1079063215570756.
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Emerging research highlights the role of self-regulation in the treatment of sexual offenders. Safe Offender Strategies (SOS) is a manualized sex offender treatment program that emphasizes the role of self-regulation and self-regulatory skills development in sex offender treatment, particularly for offenders with serious mental illness and intellectual/developmental disabilities. The current study involves 156 adult male sexual offenders in an inpatient psychiatric setting who received SOS treatment for a period ranging from 6 months to 1 year. Participants’ baseline and treatment data were obtained from archival medical records describing 1 year pre-treatment and up to 2 years of treatment participation. Dependent variables included monthly count rates of verbal and physical aggression and contact and noncontact sexual offending, as well as sexual deviancy attitudes, self-regulatory ability, and cooperation with treatment and supervision, as measured by the Sex Offender Treatment Intervention and Progress Scale (SOTIPS). Data were examined via paired-samples t tests, regression, and multilevel modeling, examining the impact of overall percentage of SOS groups attended over time, comparing participants’ baseline measures to data from 2 years of treatment. The impact of predicted risk was also evaluated. Significant treatment dose effects were identified for improvements in aggression, sexual offending, and indicators of treatment compliance and change. These findings suggest that the skills-based, self-regulation approach utilized in SOS may be effective in improving clients’ aggressive and sexual behaviors, attitudes toward their offenses and treatment, and self-regulatory ability over time. Implications for further research and treatment generalizability are discussed.
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Dalip, Andrew. "Intelligence and Corruption." Journal of Intelligence, Conflict, and Warfare 3, no. 3 (January 31, 2021): 34–54. http://dx.doi.org/10.21810/jicw.v3i3.2516.
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The Journal of Intelligence, Conflict, and Warfare is pleased to publish the following thought piece from one of our esteemed Speakers from the 2020 West Coast Security Conference. The author, Mr. Dalip, is a lawyer working in the financial crime and corruption sphere. From 2015 to 2018, Mr. Dalip was a chairman at the Steering Group Planning Committee for the Caribbean Financial Action Task Force (CFATF); and from 2014 to 2018, he was a special legal advisor to the Ministry of Attorney General Trinidad and Tobago. The intersection between corruption and intelligence is gaining increased focus. Foreign intelligence services have an anti-corruption role at the strategic level through Intelligence Risk Assessments and at the operational level during post-conflict operations. Intelligence assessments of the effectiveness of non-kinetic tools on target countries also guide implementation and policy changes. The roles of security intelligence and foreign intelligence services are, however, no longer always discrete, particularly in the context of non-state actors. Foreign intelligence services would benefit from the skill sets of security intelligence agencies in detecting corruption related predicate offences, both in performing their core roles and supporting law enforcement operations. This includes the use of financial intelligence as well as other key open source intelligence resulting from anti-money laundering frameworks, the development of which has been driven globally by the Financial Action Task Force. In performing these roles, intelligence agencies must also be mindful of their own vulnerability to corruption.
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Rennison, Callie Marie, Scott Jacques, and Andrea Allen. "Victim Injury and Social Distance: A National Test of a General Principle of Conflict." Violence and Victims 31, no. 4 (2016): 726–50. http://dx.doi.org/10.1891/0886-6708.vv-d-15-00023.
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Our inquiry focuses on why some violent offenses but not others result in injury to the victim. Building on existing theory nested in the paradigm of pure sociology, we propose and test a general principle of conflict: Victim injury varies directly with social distance. This principle predicts that offenders are more likely to harm victims with whom they are less well acquainted and less similar culturally. We test three hypotheses derived from this principle with data from the National Crime Victimization Survey and find little support for the theory. Rather, findings suggest exactly the opposite of that predicted: As social distance between offender and victim increases, the odds of victim injury decreases. Recommendations of additional research are made.
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Mugarura, Norman. "Does the broadly defined ambit of money laundering offences globally, a recipe for confusion than clarity?" Journal of Money Laundering Control 19, no. 4 (October 3, 2016): 432–46. http://dx.doi.org/10.1108/jmlc-06-2015-0024.
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Purpose The purpose of this paper is to articulate that ill-defined global prohibition regimes such as anti-money laundering (AML) could potentially cause more harm than good. The author has carried out a scoping review of some anti-money laundering regimes such as the USA PATRIOT Act to demonstrate how they have been harnessed in some jurisdictions. It deconstructs the broad scope in which money laundering offences are conceptualized and applied by different jurisdictions and its inherent challenges. It has scoped a wide range of issues, often articulating the inherent controversies in some engendered AML regimes such as the USA PATRIOT Act (2001) and its revised Know Your Customer (KYC) model. Design/methodology/approach This paper was undertaken by straddling a wide range of issues in relation to the shortcomings that are inherent in AML regulatory regimes and their application in practice. However, the analysis focuses on the failures of some AML regimes concentrating largely on the UK and US jurisdictions and, occasionally, drawing examples from African countries. It uses examples from a small sample of countries and then hypothesized that if a regulatory regime is broadly defined, it could cause confusion in its application, let alone being counterproductive to the purpose it was adopted to achieve. It might, therefore, not be very helpful in streamlining how desired norms should be harnessed in practice. Findings The findings of this paper have correlated that broadly and ill-defined regulatory regimes are bound to cause confusion and controversies, let alone being counterproductive to the purpose they were adopted to achieve. The USA PATRIOT Act and KYC are some of the few examples, whereby ill-defined regulatory regimes have provided a recipe for controversies and tensions between regulatory domains and citizens. For instance, the surveillance mandate to US regulatory authorities under the USA PATRIOT Act has generated tensions between citizens and banks. Cases have been filed against banks for over-exercising their powers and interfering with the individual freedoms of US citizens. Research limitations/implications The paper was written largely based on analysis of secondary data on AML regimes and the controversies their application often generates in some countries. For instance, the USA PATRIOT Act has generated tensions between the USA and foreign states, banks and citizens, because of excessive use of its surveillance mandate on the privacy of individuals. Bearing this challenge in mind, it would have been better for the analysis to focus on many countries and, probably, interview bankers and internalize their views accordingly. Practical implications The paper is informative. It could be used for making desired policy changes and enhancing research on global regulatory regimes and how they are evolved and applied in practice. It has practical relevance for banks, researchers, students, policy/oversight institutions and governments and it is therefore a worthy read. Social implications The regulation of money laundering crimes is imperative, because, if left unchecked, it can undermine economies, governments and people and erode the fabric of society. However, as much as it is imperative to enact the desired rules to curtail the threat of money laundering and its predicate offences or even forestall it, regimes should be evolved with caution not to alienate the very purpose they were adopted to achieve. For instance, if the application of engendered rules generates tensions between citizens and regulatory authorities, it cannot reflect well not only on the government’s image but can also be counterproductive. Originality/value The paper was written using primary and secondary data sources but evaluated using empirical evidence drawn from different jurisdictions. It is therefore original because it is written and evaluated in its unique way to extend the parameters of knowledge on evolution and conceptualization of money laundering regimes.
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Benier, Kathryn. "The Neighborhood Context of Hate Crime: A Comparison of Violent and Property Offenses Using Rare Events Modeling." Violence and Victims 32, no. 4 (2017): 584–608. http://dx.doi.org/10.1891/0886-6708.vv-d-16-00117.
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Many studies into the antecedents of hate crime in the neighborhood combine offense categories, meaning that it is unclear whether or not there are distinct contextual factors associated with violent and property hate offenses. This study uses rare events modeling to examine the household and neighborhood factors associated with violent and property offenses. Using the Australian Community Capacity Study, the study focuses on the neighborhood characteristics influencing self-reported violent and property hate crime for 4,396 residents in Brisbane. Findings demonstrate important differences between the offense types. Violence is predicted by household renting and non-English language, whereas property offenses are predicted by household non-English language, neighborhood median income, and change in non–English-speaking residents. In both offense types, neighborhood place attachment acts as a protective factor. These findings highlight the theoretical implications of combining distinct hate crime types for methodological reasons.
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Rusanov, Georgy, and Yury Pudovochkin. "Money laundering and predicate offenses: models of criminological and legal relationships." Journal of Money Laundering Control 21, no. 1 (January 2, 2018): 22–32. http://dx.doi.org/10.1108/jmlc-12-2016-0048.
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Purpose Purpose of the study is to show the relationships of money laundering with predicate offenses. Design/methodology/approach Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered. Findings Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes. Originality/value As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.
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McLaughlin, Aaron T., Shola Shodiya-Zeumault, Stacey McElroy-Heltzel, Don E. Davis, Amy McLaughlin-Sheasby, and Joshua N. Hook. "Test of the Social Buffering Hypothesis in the Context of Religious Disagreements." Journal of Psychology and Theology 47, no. 2 (April 4, 2019): 100–111. http://dx.doi.org/10.1177/0091647119837012.
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This article examines the social buffering hypothesis of cultural humility in the context of religious offenses. In this study, participants ( N = 244) rated their cultural humility in terms of differing religious values and beliefs as well as their moral foundations in determining what is right or wrong. They then recalled an offense or hurt attributed to religious disagreements and indicated their motivations for forgiving the offender. Lower endorsement of individuating moral foundations predicted greater unforgiveness; however, cultural humility softened this relationship between individuating moral foundations and unforgiveness. When cultural humility was higher, participants were less likely to report unforgiveness motivations toward the religious offender, even if their individuating moral foundation scores were lower. Results from this study support the social buffering hypothesis of humility. Namely, individuals with higher levels of cultural humility demonstrate a greater capacity to maintain relationships during stressful religious disagreements by regulating intuitive and affective moral positions, particularly those that have previously been linked to social dominance or moral disinterest. We conclude this study by discussing limitations, practical applications, and areas for future research.
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Carl, Lena C., Martin Schmucker, and Friedrich Lösel. "Predicting Attrition and Engagement in the Treatment of Young Offenders." International Journal of Offender Therapy and Comparative Criminology 64, no. 4 (September 27, 2019): 355–74. http://dx.doi.org/10.1177/0306624x19877593.
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Premature treatment termination in offender treatment is linked to negative consequences for clients, practitioners, and the criminal justice system. Therefore, identifying predictors of treatment attrition is a crucial issue in offender rehabilitation. Most studies on this topic focus on adult offenders; less is known about adolescent offenders. In our study, therapy attrition and engagement were predicted via logistic and linear regression to examine the link between pretreatment variables, engagement, and treatment failure in 161 young offenders treated in a social-therapeutic unit in Germany. Engagement could be predicted by motivation, disruptive childhood behavior, low aggressiveness, and higher age. In turn, low motivation, substance abuse, and young age predicted attrition, but their impact diminished when engagement was added to the model with only substance abuse remaining significant. The effect of substance abuse on attrition disappeared, when the offender’s initial motivation was high. Implications for assessment and treatment planning are discussed.
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Whitten, Tyson, Tara R. McGee, Ross Homel, David P. Farrington, and Maria Ttofi. "Comparing the criminal careers and childhood risk factors of persistent, chronic, and persistent–chronic offenders." Australian & New Zealand Journal of Criminology 52, no. 2 (June 7, 2018): 151–73. http://dx.doi.org/10.1177/0004865818781203.
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There have been few efforts to conceptually and empirically distinguish persistent and chronic offenders, despite the prominence of these concepts in the criminological literature. Research has not yet examined if different childhood risk factors are associated with offenders who have the longest criminal careers (persistent offenders), commit the most offences (chronic offenders), or both (persistent–chronic offenders). We address this gap using data from the Cambridge Study in Delinquent Development. Poverty, poor school attainment, and family stress had a pervasive impact on all forms of offending in correlational analyses. Longer criminal career durations were associated with fewer childhood risk factors than was the case for chronic offenders. Chronic offenders were significantly more likely than persistent offenders to experience many environmental risks in childhood. When controlling for all other risk factors, hyperactivity and parental separation uniquely predicted persistent offending, while high daring and large family size uniquely predicted chronic offending. Our analyses point to the need for responses based on a philosophy of “proportionate universalism,” where universal multisystemic crime prevention strategies that benefit all children incorporate program components that are known to influence the unique risk factors for both persistent and chronic offending.
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Vukusic, Ivan. "Criminal Protection of Environment-Organized Crime and Effective Regret." JOURNAL OF INTERNATIONAL BUSINESS RESEARCH AND MARKETING 5, no. 5 (2020): 28–35. http://dx.doi.org/10.18775/jibrm.1849-8558.2015.55.3003.
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This paper analyzes special criminal offences of environment endangering through national and international legislation. How social aspect is important in criminal law because of prevention of injury, legislator predicted provision of effective regret if person acts as individual perpetrator or as part of criminal organization. That is key reason why paper analyzes effective regret prescribed in Criminal Code of Croatia in Special part (Head protecting environment and Head protecting public order). Mostly, environment will be injured by act of individual, but nowadays, environment is valuable resource that enables to gain large profit and as such is aim of criminal organizations. Legislator punishes mostly stadium of environment endangering, so paper reflects nature of provisions against environment on possibility of effective regret (instrument of stopping injury of legal good (material completion of criminal offence against environment)). Paper analyzes also UN Palermo Convention and EU Framework Decision against organized crime, specially provisions about conspiracy (when exists no criminal organization) and criminal organization and on end their comparison with legislation of Croatia. De lege ferenda is noted that Framework Decision must incriminate conspiracy established for only one criminal offence, and not for only two or more, because one criminal offence can have characteristics of organized crime as well. Paper concludes that it is necessary to predict effective regret by more criminal offences of environment endangering because it represents best way of legal good protection. If person acts as part of criminal organization, it should be sufficient that content of effective regret presents certainly prevention of commission of criminal offence without disclosure of criminal organization because protection of legal good (environment) should have an advantage over punishment of perpetrator.
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Rade, Candalyn B., Sarah L. Desmarais, and Jeni L. Burnette. "An Integrative Theoretical Model of Public Support for Ex-Offender Reentry." International Journal of Offender Therapy and Comparative Criminology 62, no. 8 (June 19, 2017): 2131–52. http://dx.doi.org/10.1177/0306624x17714110.
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Prior research suggests that public and ex-offender characteristics are associated with attitudes toward ex-offenders and support for their reentry; however, research examining reasons for these associations is limited. Research also is limited on the association between attitudes toward ex-offenders generally, and support for their reentry, specifically. Implicit theory offers a new approach to explaining public attitudes through beliefs in the fixed or malleable nature of people (i.e., mindsets). We developed and tested an integrative model applying implicit theory to investigate mechanisms through which beliefs explain support for reentry. Results showed that growth mindsets predicted more positive attitudes toward ex-offenders, which, in turn, predicted greater support for reentry. Belief in a just world, prior contact with an ex-offender, and political orientation were among the covariates of reentry support. Beyond supporting the application of implicit theory in this context, findings suggest that anti-stigma interventions should target growth mindsets to promote community reintegration.
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Bell, R. E. "Abolishing the concept of ’predicate offence’." Journal of Money Laundering Control 6, no. 2 (April 2003): 137–40. http://dx.doi.org/10.1108/13685200310809482.
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Papalia, Nina, Stephane M. Shepherd, Benjamin Spivak, Stefan Luebbers, Daniel E. Shea, and Rachael Fullam. "Disparities in Criminal Justice System Responses to First-Time Juvenile Offenders According to Indigenous Status." Criminal Justice and Behavior 46, no. 8 (May 26, 2019): 1067–87. http://dx.doi.org/10.1177/0093854819851830.
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This study explored the intersection between Indigenous status, gender, and age in relation to law enforcement responses to offending in 53,632 first-time juvenile offenders in Australia. Findings demonstrated that Indigenous offenders were more likely to receive a court summons (rather than diversionary alternative) following their first offense compared with non-Indigenous offenders when controlling for gender, age, and the nature and number of charges processed at first offense. No interactions were observed between Indigenous status, age, and gender. Indigenous status predicted receiving a court summons; however, the strength of this relationship diminished when offenders had one-to-two violent charges and when offenders’ first contact occurred after the commencement of the Young Offenders Act 1997 (NSW), which formalized police responses to diversion. Stronger efforts are needed to prevent initial justice system contact and formal processing among Indigenous youth with a focus on community-led early intervention strategies.
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Mugarura, Norman. "The jeopardy of the bank in enforcement of normative anti-money laundering and countering financing of terrorism regimes." Journal of Money Laundering Control 18, no. 3 (July 6, 2015): 352–70. http://dx.doi.org/10.1108/jmlc-01-2014-0007.
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Purpose – The paper aims to examine the jeopardy of the bank in performing its varied functions to customers, the public and regulatory authorities. The bank’s overriding mandate is accepting deposits from its customer and to make payments as and when requested. However, banks also perform investment undertakings and other related functions. Banks have been applauded for facilitating the fight against crimes such as money laundering and financing of terrorism but they are times when they have also been vilified for not doing enough to prevent the foregoing crimes. There is evidence that banks have sometimes been exploited to facilitate commission of crimes either wilfully or recklessly. In this regard, banks which do not do enough to prevent commission of crimes have been perceived as either delinquents or villains for allowing themselves to be exploited for those inclined at committing money laundering and its predicate offences. The paper explores the varied situations in which banks have been caught up in both of these foregoing situations. They have done a plausible job in safeguarding the public and prevention of money laundering and terrorism offences. They have also been perceived as villains by allowing themselves to be exploited by criminals in perpetuating the foregoing offences. In both of the foregoing extremes, public opinion has been divided – there are those who support that banks do a good job and those who brand banks as villains. Those empathising with banks argue that by requiring banks to report suspected money laundering activities creates unfriendly business environment and hostilities in a particular bank. Apparently, this school of thought posits that over-regulation of banks potentially generates a hostile business environment and scares off potential business clients not to mention generating an anti-business climate in a particular bank. To them, banks should do just banking without being encumbered to provide overarching oversight responsibilities such as fighting money laundering and terrorism. The work of preventing crimes should be responsibility of oversight institutions and authorities, and banks should not be involved in executing of the foregoing responsibilities. As such, banks have been reduced to act as policemen. However, one wonders whether the foregoing thesis suggests that banks should just sit back and be exploited for criminal purposes or accept to acquiesce wrong doing or lawlessness simply for business expediency? This paper explores the jeopardy of the bank in delivering its mandate and to evaluate where the balance between its competing obligations needs to be drawn. Banks perform duties to the customer (emanating from their contractual relationship) and its responsibility to the regulatory authorities to safeguard the public. The paper provides an exposition of the modern business regulatory landscape within which banks operate in performing their competing duties towards the customer and the public. In the modern elusive global market environment, banks are in a jeopardy because people they would least expect to be involved in money laundering could be chief instigators of money laundering (ML) and predicate crimes. This includes presidents (e.g. Sana Abacha of Nigeria), minsters, judges and other elevated government figures could be the ones instigating the commission of money laundering offences in their countries. The jeopardy of the bank is that some of the foregoing political officials could be untouchable political figures on whose its survival depends. Banks need to remain fully alert bearing in mind that with globalised business environment in which they operate, circumstances can change very rapidly. It would also be overly unnecessary to blame banks for failures in the regulatory system beyond their control such as the global crisis – which they could not have foreseen or prevented. Finally, this paper articulates the fluid environment in which the modern bank operates and its attendant challenges. Design/methodology/approach – The paper was written by the analysis of both primary and secondary data sources focusing on vulnerability of banks in executing their mandate as financial institutions. The paper has also utilised case law on misfeasance of banks where courts have found banks for misfeasance and literally not doing enough in execution of their obligations to prevent financial crimes. This paper has also utilised some of the data utilised by the author in writing his PhD dissertation but done so in a distinctive manner to foster the objective of this paper. The author has harnessed and evaluated the foregoing data sources and adapted them in different contexts to address pertinent issues this paper was written on. Findings – The findings are not clear cut of whether banks qualify to be branded villains or heroes. The findings have demonstrated that the majority of banks are doing a plausible job to prevent money laundering and prevention of terrorism. There are also discerning situations where banks have been less valiant in prevention of crimes and in doing so they have put themselves in a negative spotlight. The paper has utilised different data sources generated on the role of banks in providing frontline services to the public and their failure to execute the foregoing mandate diligently. Research limitations/implications – The limitation of the paper is that it would have been better to evaluate the secondary data sources used in writing it by carrying out interviews on some issues it hinges. Due to some practicalities, it was not possible to carry out interviews or to send out questionnaires to banks and other financial institutions. As such, some of the data sources used could have been biased. Practical implications – This paper is of significant importance for banks, regulatory authorities, governments and those with a stake in the way banks are regulated and governed. I presume the foregoing stakeholder constituencies will find it a worth read and interesting. The paper also demonstrates that some the information written on banks in newspapers is not always true and urges caution in utilising newspapers as a source of generating data. It also underscores the need for banks to be more vigilant in execution of their mandate towards different stakeholder constituencies, so that they are not inadvertently exploited for criminal purposes. Social implications – The paper has far reaching implications for banks to be utilised in prevention of crimes in executing their mandate cautiously. It is important that much as financial institutions should be utilised in the foregoing respect, they should not be constrained by over-regulation, as this also means that they would pay dearly in compliance costs. Originality/value – The originality of the paper is manifested that while it has relied heavily on secondary and primary data sources, it was written in a distinctive way to foster the objectives of writing it. The paper was also evaluated in the context of empirical evidence where banks have used the influence to prevent crimes or where they have been less vigilant in doing so and they have been exposed to criminal exploitation. The foregoing experiences were evaluated carefully using reliable data sources such as case law and recent legislation.
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HARRIS, GRANT T., MARNIE E. RICE, and VERNON L. QUINSEY. "Violent Recidivism of Mentally Disordered Offenders." Criminal Justice and Behavior 20, no. 4 (December 1993): 315–35. http://dx.doi.org/10.1177/0093854893020004001.
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Multivariate techniques were used to derive and validate an actuarial instrument for the prediction of violent postrelease offenses by mentally disordered offenders. The 618 subjects were a heterogeneous group of men who had been charged with serious offenses. Approximately half had been treated in a maximum security psychiatric institution and the rest had been briefly assessed prior to imprisonment. The actuarial instrument consisted of 12 variables and significantly predicted violent outcome in each of five subgroups. The instrument's practical application and its use in clinical appraisals of dangerousness are discussed.
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Hachtel, Henning, Cieran Harries, Stefan Luebbers, and James RP Ogloff. "Violent offending in schizophrenia spectrum disorders preceding and following diagnosis." Australian & New Zealand Journal of Psychiatry 52, no. 8 (March 15, 2018): 782–92. http://dx.doi.org/10.1177/0004867418763103.
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Objective: People affected by schizophrenia spectrum disorders are at a higher risk of offending violently. This study aims to investigate risk factors in relation to the peri-diagnostic period and possible predictors of post-diagnostic violence of people diagnosed for the first time in the public mental health system. Methods: The study compared various risk factors for post-diagnostic violence in patients ( n = 1453) diagnosed with a schizophrenia spectrum disorder. Patients were grouped according to the occurrence of peri-diagnostic violence. Of the 246 violent offenders, 164 committed their first offence pre-diagnosis. Mental health and criminological variables were evaluated across the lifespan (median age at end of follow-up = 34.22 years, range = 17.02–55.80 years). Results: Gender, employment, non-violent offending, family incidents, violent and non-violent victimisation, substance use, personality disorder, number of in-patient admissions and history of non-compliance differed significantly across violent and non-violent subgroups (all p ⩽ 0.01 and at least small effect size). More frequent and longer inpatient admissions were found in the violent subgroups (all p ⩽ 0.01). For the whole sample, sex, number of violent offences, non-violent offences, violent victimisation, substance use and number of inpatient admissions predicted post-diagnostic violence (χ2 (6) = 188.13, p < 0.001). Among patients with a history of pre-diagnostic violence, a history of non-violent offending in the 18-month period pre-diagnosis was the strongest predictor of future violence (odds ratio = 3.08, 95% confidence interval [1.32, 7.21]). Conclusion: At triage, violence risk assessment should consider the presence of antisocial behaviour and violent victimisation, substance use, male gender and frequency of inpatient admissions. Common treatment targets for the prevention of post-diagnostic violence include criminality and victimisation. Treatment of positive symptoms should be of greater emphasis for individuals without a history of pre-diagnostic violence.
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Harris, Grant T., and Marnie E. Rice. "Adjusting Actuarial Violence Risk Assessments Based on Aging or the Passage of Time." Criminal Justice and Behavior 34, no. 3 (March 2007): 297–313. http://dx.doi.org/10.1177/0093854806293486.
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Two studies herein address age, the passage of time since the first offense, time spent incarcerated, or time spent offense free in the community as empirically justified postevaluation adjustments in forensic violence risk assessment. Using three non-overlapping samples of violent offenders, the first study examined whether any of three variables (time elapsed since the first offense, time spent incarcerated, and age at release) were related to violent recidivism or made an incremental contribution to the prediction of violent recidivism after age at first offense was considered. Time since first offense and time spent incarcerated were uninformative. Age at release predicted violent recidivism but not as well as age at first offense, and it afforded no independent incremental validity. For sex offenders, age at first offense improved the prediction of violent and sexual recidivism. In the second study, time spent offense-free while at risk was related to violent recidivism such that an actuarial adjustment for the Violence Risk Appraisal Guide could be derived. The results support the use of adjustments (based on the passage of time) to actuarial scores, but only adjustments that are themselves actuarial.
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Lund, Jens. "Mentally Retarded Criminal Offenders in Denmark." British Journal of Psychiatry 156, no. 5 (May 1990): 726–31. http://dx.doi.org/10.1192/bjp.156.5.726.
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Based on data from the Danish Central Criminal Register, the total number of mentally retarded offenders serving statutory care orders on a census day decreased from 290 in 1973 to 91 in 1984. The reduction was caused by shorter sentences and a dramatic decrease in the number of sentenced borderline retarded offenders; the total number of sentences per year slightly decreased, and the number of first-time sentences was stable. Crimes of property are decreasing among this population, while violence, arson, and sexual offences are increasing. Behaviour disorder was found in 87.5% of 91 offenders serving care orders in 1984. Offensive behaviour was significantly predicted by early institutionalisation, having retarded or divorced parents of low socio-economic status, and behaviour disorder of social-aggressive type. Independent significant effects were attributed to behaviour disorder and low socioeconomic background. All predictors were closely correlated. Biological factors did not have any significant predictive value.
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Skipworth, Jeremy, Phil Brinded, David Chaplow, and Chris Frampton. "Insanity Acquittee Outcomes in New Zealand." Australian & New Zealand Journal of Psychiatry 40, no. 11-12 (November 2006): 1003–9. http://dx.doi.org/10.1080/j.1440-1614.2006.01924.x.
Full textAbstract:
Objective: This paper examines clinical and forensic outcomes for defendants found not guilty by reason of insanity in New Zealand, and explores the implications for policy development and clinical rehabilitation in this population. Method: All insanity acquittees disposed of by the courts as special patients after 1976 and released before 2004 are described. Their duration of inpatient care, rates of reconviction and rehospitalization following release are examined. The high resolution rate for violent crime reported to police suggests that reconviction rates are a reasonable proxy for violent reoffending. Factors predicting duration of inpatient care and reoffending are analysed. Results: Severity of Index Offence was the only variable predicting duration of inpatient care of the 135 special patients. Offenders of more serious offences were securely detained for longer periods – averaging 6 years in the case of those charged with murder. Most patients were readmitted over the decade following discharge. Only 6% had violently reoffended 2 years after release into the community. Prior offending, age at release, ethnicity and gender predicted reoffending, but not diagnosis or duration of inpatient admission. Conclusions: Following discharge into the community, insanity acquittees are reconvicted of violent crimes at a very low rate, although readmission to hospital is common. It may be that insanity acquittees are initially detained in hospital longer than is clinically indicated, and that safe forensic community treatment can occur at an earlier stage of recovery without compromising public safety.
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Gonçalves, Leonel C., Juliane Gerth, Astrid Rossegger, Thomas Noll, and Jérôme Endrass. "Predictive Validity of the Static-99 and Static-99R in Switzerland." Sexual Abuse 32, no. 2 (January 9, 2019): 203–19. http://dx.doi.org/10.1177/1079063218821117.
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This study evaluated the validity of the Static-99 and Static-99R in assessing sexual recidivism in Switzerland, based on a sample of 142 male sex offenders. Both tools showed predictive validity, but the Static-99R had better discrimination (OR = 1.82, AUC = .81) and calibration (Brier = .078, P/E = 0.96) than the Static-99. A cut score of four on the Static-99R maximized sensitivity (92.9%) and specificity (60.2%). However, although most offenders (98.7%) with a score < 4 did not commit sexual offenses in the 5-year follow-up period, only one in five (20.3%) offenders with a score ≥ 4 actually recidivated. Furthermore, the predicted number of recidivists in the well above average risk category (Static-99R ≥ 6) was 24% higher than expected in routine samples. The results suggest that the Static-99R may be a useful screening tool to identify low-risk individuals but offenders with scores ≥ 4 should be subjected to a more thorough assessment.
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Hilton, N. Zoe, Grant T. Harris, Suzanne Popham, and Carol Lang. "Risk Assessment Among Incarcerated Male Domestic Violence Offenders." Criminal Justice and Behavior 37, no. 8 (May 10, 2010): 815–32. http://dx.doi.org/10.1177/0093854810368937.
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It is estimated that at least a third of incarcerated male offenders have committed domestic violence, but there is little research on risk assessment among such offenders. The authors tested the actuarial Ontario Domestic Assault Risk Assessment (ODARA), designed for frontline policing, with 150 incarcerated male domestic violence offenders followed for an average of 8 years (range = 0.1—10.6) and at risk for an average of 5 years (range = 0.0—10.5). The base rate of postrelease charges for domestic violence was 27%, and the mean ODARA score was 5.81 ( SD = 2.06). The ODARA predicted domestic violence recidivism (relative operating characteristic area = .64) significantly better than a general risk assessment, the Level of Service Inventory, and in follow-ups as short as 6 months. The ODARA also predicted recidivism severity and survival. Better identification of victim—offender relationships and measuring psychopathy are challenges for future research.
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Saramago, Mariana A., Jorge Cardoso, and Isabel Leal. "Victim Crossover Index Offending Patterns and Predictors in a Portuguese Sample." Sexual Abuse 32, no. 1 (September 21, 2018): 101–24. http://dx.doi.org/10.1177/1079063218800472.
Full textAbstract:
Sex offenders who cross over in victims’ age, gender and relationship usually have a greater number of victims, which is associated with sexual recidivism. This investigation aimed to examine the prevalence of crossover index offending in Portugal, and to explore the predictive ability of sociodemographic and criminological variables on this outcome. A retrospective sample of 247 male individuals incarcerated for sex offenses in a Portuguese prison was drawn from official records. From those offenders with multiple victims ( n = 94), 48% had victims of different age categories, 10% had both gendered victims, and 12% had intrafamilial and extrafamilial victims. Comparative statistics and logistic regressions were able to identify variables that distinguished noncrossover and crossover offenders and that predicted crossover, respectively. While likely underestimates of the prevalence of victim crossover, these findings are compared to previous international studies and provide a better understanding of the phenomenon.
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HOLÁ, BARBORA, ALETTE SMEULERS, and CATRIEN BIJLEVELD. "Is ICTY Sentencing Predictable? An Empirical Analysis of ICTY Sentencing Practice." Leiden Journal of International Law 22, no. 1 (March 2009): 79–97. http://dx.doi.org/10.1017/s0922156508005645.
Full textAbstract:
AbstractThis quantitative study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sentencing process is only loosely regulated by the ICTY Statute, and consequently it is not clear how judges exercise their broad discretionary sentencing powers in practice. By analysing the existing case law, legal factors influencing the sentencing decisions are examined. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that the sentence can be to a large extent predicted by legal criteria. The number of offences and the rank of the offender are the strongest predictors of sentence length in the model.
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DeLuca, Joseph S., John Vaccaro, Amalia Rudnik, Nicole Graham, Anna Giannicchi, and Philip T. Yanos. "Sociodemographic Predictors of Sex Offender Stigma: How Politics Impact Attitudes, Social Distance, and Perceptions of Sex Offender Recidivism." International Journal of Offender Therapy and Comparative Criminology 62, no. 10 (August 9, 2017): 2879–96. http://dx.doi.org/10.1177/0306624x17723639.
Full textAbstract:
Stigma toward general criminal offenders has been found to be particularly salient among community members who identify as politically conservative; however, less is known about how political identification relates to stigma toward sex offenders. This is a particularly important area of inquiry, given that criminal jurisprudence and politics legitimatize stigmatizing labels attributed to sex offenders through laws and policies that apply specifically to this group. A nonrandom sample ( N = 518) of participants living in the United States was recruited for this survey study. Findings indicated that a specific aspect of conservative political ideology—right-wing authoritarianism (RWA)—significantly predicts negative attitudes and intended social distancing behavior toward sex offenders, even when controlling for other important predictors, such as education and prior contact. RWA was found to be the strongest predictor of negative attitudes and estimations of sex offender recidivism, and also significantly predicted intended social distancing behavior. Implications for addressing stigma toward sex offenders are discussed.
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Spoo, Susanne, Leah E. Kaylor, Sarah Schaaf, Michelle Rosselli, Anniken Laake, Christina Johnson, and Elizabeth L. Jeglic. "Victims’ Attitudes Toward Sex Offenders and Sex Offender Legislation." International Journal of Offender Therapy and Comparative Criminology 62, no. 11 (November 7, 2017): 3385–407. http://dx.doi.org/10.1177/0306624x17740537.
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It is commonly assumed that victims of sexual abuse feel more negatively toward sex offenders and advocate for harsher punishments than individuals who have not been victimized. This belief was examined by comparing attitudes toward sex offenders and their treatment, support of registration, notification, and residence restriction policies, as well as general knowledge about sex offenders between a sample of 129 individuals who reported sexual victimization and a sample of 841 individuals who did not report sexual victimization. Overall, we found that victims of sexual abuse reported more positive attitudes toward sex offenders and were more supportive of mandated treatment compared with nonvictims. However, while victims showed decreased support for the community notification laws, there were no differences in support of residence restrictions laws compared with those who reported no victimization. Finally, knowledge about sex offenders predicted attitudes regardless of victim status. These findings are discussed as they pertain to sex offender treatment and legislation.
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Gallo, Alessandra, Jeffrey Abracen, Jan Looman, Elizabeth Jeglic, and Robert Dickey. "The Use of Leuprolide Acetate in the Management of High-Risk Sex Offenders." Sexual Abuse 31, no. 8 (July 26, 2018): 930–51. http://dx.doi.org/10.1177/1079063218791176.
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The present study investigates whether leuprolide acetate (Lupron) adds to the efficacy of traditional sex offender treatment. A group of sex offenders receiving both Lupron and cognitive behavioral therapy (CBT; n = 25) were compared with a group of sex offenders receiving only CBT ( n = 22). Treated subjects were compared with norms available with reference to the Static-99R, as well as compared with a sample of untreated, nonsexual violent offenders ( n = 81), to provide baseline data regarding risk of violent recidivism. Results indicated that subjects receiving Lupron were at significantly higher risk of recidivism and significantly more likely to be diagnosed with a paraphilia than subjects receiving only CBT, a priori. Both treated groups of sexual offenders recidivated at substantially lower rates than predicted by the Static-99R. Currently, this study represents the only, long-term outcome study on Lupron administration using officially recorded recidivism as the primary dependent measure.
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Robertson, Emily L., Paul J. Frick, James V. Ray, Laura C. Thornton, Tina D. Wall Myers, Laurence Steinberg, and Elizabeth Cauffman. "The Associations Among Callous-Unemotional Traits, Worry, and Aggression in Justice-Involved Adolescent Boys." Clinical Psychological Science 6, no. 5 (May 14, 2018): 671–84. http://dx.doi.org/10.1177/2167702618766351.
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Previous research has reported that elevations on both callous-unemotional (CU) traits and anxiety (measured as trait worry) among adolescents are associated with a particularly severe pattern of aggressive behavior. In the current study, we tested whether elevated trait worry would add only to the prediction of less severe and reactive aggression assessed by self-report but not to more severe violence, proactive aggression, and official records of violent arrests. First-time male juvenile offenders ( N = 1,216) were assessed at 6-month intervals for 30 months. Contrary to predictions, our analyses found both CU traits and worry independently predicted self-reported violent offenses (regardless of violence severity) and aggression (both proactive and reactive) across 30 months after their first arrest. However, when using arrest records, only CU traits were associated with violent offenses. This suggests that the additive effects of anxiety and worry in predicting risk for later violence may be limited to self-report.