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CRIME

CRIME-VIOLENT & NON-VIOLENT-FINANCLIAL-CYBER

What is the Role of Financial Sanctions in Tackling Modern Slavery and Human Trafficking?

By Erica Moret

No country in the world is immune to the devastating impacts of modern slavery and human trafficking. Representing one of the world’s most profitable criminal enterprises, it generates some USD 150 billion per year. Addressing the financial angle of these gross human rights abuses is recognized as an essential approach in tackling the problem. The engagement of the financial sector, alongside the use of several financial-related policy instruments, plays a vital role. This includes measures to counter money laundering and the financing of terrorism.

This report, commissioned by the Finance Against Slavery and Trafficking (FAST) initiative at United Nations University Centre for Policy Research (UNU-CPR), is based on 18 anonymized semi-structured interviews with officials from the UN, US, EU, UK, and Canada, financial institution representatives and experts on sanctions, modern slavery and human trafficking, transnational organized crime, supply chains, and corporate governance.

This report outlines a number of key findings and recommendations on the use of sanctions to target modern slavery and human trafficking.

New York: United Nations University, 2022. 64p.

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Following the Money: Compendium of Resources and Step-by-step Guide to Financial Investigations Into Trafficking in Human Beings

By Organization for Security and Co-operation in Europe, Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings

The paper aims to leverage off of the strengths and successes of established but disparate anti-THB financial investigatory practices, developed across the OSCE participating States, to raise awareness of the strategic value of financial investigations and the resources available, and to help create a more harmonised approach that can contribute to mainstreaming of financial investigations across the OSCE region.

Vienna: Organization for Security and Co-operation in Europe, Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, 2019. 68p.

Contactless, Crypto and Cash: Laundering Illicit Profits in the Age of COVID-19

By Calum Inverarity, Gareth Price, Courtney Rice and Christopher Sabatini

Travel restrictions and lockdowns have forced changes to the traditional means illicit groups have used to launder their ill-gotten profits. This paper explores whether COVID-19 may have affected these processes through three main channels: increased reliance on cryptocurrencies to move and launder funds tied to illicit activity; the expanded use of the internet through e-commerce sites to continue and expand trade mispricing practices to move illicit funds; and the use of FinTech and peer-to-peer payment services to transfer illicit funds.

Miami: Florida International University, 2021. 37p.

A Criminal Culture: Extortion in Central America

By The Global Initiative AGainst Transnational Organized Crime and InSight Crime

In parts of Central America, extortion has become so endemic that it is now a feature of the daily socio-economic life of citizens, businesses and the fabric of the state. The pervasive impunity and weakness of state institutions to combat extortion have meant that, for many central American communities, extortion, or the threat of it, has become a normalized facet of life – a form of violent, omnipresent, criminally enforced taxation – and its effects are far-reaching on a personal, economic and societal level. For the violent, armed street gangs that continually threaten and harass communities in the Northern Triangle countries (El Salvador, Guatemala and Honduras) – a region that is the main focus of this report – the extortion market is the main security threat to those countries and one of the principal sources of criminal income. These gangs have bred a criminal regional economy on such a scale that extortion forms a sizeable tranche of some Northern Triangle countries’ GDP. The revenue from extortion has provided some gangs in the region with a solid economic operating base, and at the same time allowed them to diversify into other criminal enterprises, including drug trafficking, and human smuggling and trafficking, which means that they have consolidated their influence over broader transnational organized-crime networks operating in the region. Meanwhile, extortion revenue is laundered through investments in formal businesses, extending the gangs’ economic stranglehold over the communities they target.

Geneva: Global Initiative Against Transnational Organized Crime, 2019. 70p.

Extortion: The Backbone of Criminal Activity in Latin America

By Lucia Dammer

Extortion is a phenomenon that can be understood from various disciplines, such as economics, criminology, the political sciences, and sociology. Each of these fields of knowledge emphasizes either the system or economic models under which extortionists and victims operate, the short- or long-term relationship sought by establishing simple or complex extortion mechanisms, the political relationship between extortionists and victims, or citizens’ perceptions of the institutional framework, which can serve as a gateway for criminal groups to create ties of protection through extortion. This report sheds light on the importance of extortive practices in Latin America. It is based on qualitative research since 2019. The report shows that extortive practices are a region-wide trend, albeit with national, specific characteristics. Although it is primarily a non-violent crime, an increasing tendency—specifically linked to practices against women—should make it a priority for the public security agenda.

Miami: Florida International University, Research Publications 47, 2021. 22p.

The Corporate Criminal: Why Corporations Must be Abolished

By Steve Tombs and David Whyte

Drawing upon a wide range of sources of empirical evidence, historical analysis and theoretical argument, this book shows beyond any doubt that the private, profit-making, corporation is a habitual and routine offender. The book dissects the myth that the corporation can be a rational, responsible, 'citizen'. It shows how in its present form, the corporation is permitted, licensed and encouraged to systematically kill, maim and steal for profit. Corporations are constructed through law and politics in ways that impel them to cause harm to people and the environment. In other words, criminality is part of the DNA of the modern corporation. Therefore, the authors argue, the corporation cannot be easily reformed. The only feasible solution to this 'crime' problem is to abolish the legal and political privileges that enable the corporation to act with impunity.

Milton Park, Abingdon, Oxon; New York: Routledge, 2015. 226p.

Financial Crime and Corporate Misconduct: A Critical Evaluation of Fraud Legislation

Edited by Chris Monaghan and Nicola Monaghan

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences. The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials.

Abington, Oxon, UK: Routledge, 2018. 230p.

Corporations, Crime and Accountability

By Brent Fisse and John Braithwaite

This book explains why accountability for corporate crime is rarely imposed under the present law, and proposes solutions that would help to extend responsibility to a wide range of actors. The authors develop an Accountability Model under which the courts and corporations work together by having the law harness the internal disciplinary systems of organizations. In this way accountability would be achieved across a much broader front than would otherwise be possible.

New York: Cambridge University Press, 1993. 288p.

Corporate Responses to Financial Crime: From Exposure to Investigation

By Petter Gottschalk

This brief extends studies on how corporations respond to scandals by examining the evolution of the accounts that corporate agents develop after a scandal becomes public. Guided by the theory of accounts and a recently developed perspective on crisis management, its examines how the accounts developed by thirteen corporations caught up in highly publicized scandals changed from the time of initial exposure to the issuance of an investigative report. This brief continues the discussion of the broader managerial and social implications of the analysis of accounts, and analyses their effect on our understanding of the ability of corporations to weather serious scandals. It includes four case studies; from Switzerland, Moldova, Denmark, and Norway respectively.

Cham: Springer, 2020. 147p

International Handbook of White-collar and Corporate Crime

Edited by Diane Vaughan, Henry N. Pontell and Gilbert Geis

Corporate crimes were once thought of as victimless offenses, but now—with billions of dollars and an increasingly global economy at stake—this is understood to be far from the truth.

The International Handbook of White-Collar and Corporate Crime explores the complex interplay of factors involved when corporate cultures normalize lawbreaking, and when organizational behavior is pushed to unethical (and sometimes inhumane) limits. Featuring original contributions from a panel of experts representing North America, Asia, Europe, and Australia, this timely volume presents multidisciplinary views on recent corporate wrongdoing affecting economic and social conditions worldwide.

New York: Springer, 2007. 702p.

Encyclopedia Of White-collar and Corporate Crime

Edited by Lawrence M. Salinger

With more than 500 entries (including up-to-date information on such high profile cases as Martha Stewart and Enron), the <strong>Encyclopedia of White-Collar & Corporate Crime gathers history, definitions, examples, investigation, prosecution, assessments, challenges, and projections into one definitive reference work on the topic. This two-volume encyclopedia incorporates information about a variety of white-collar crimes, and provides examples of persons, statutes, companies, and convictions. Each entry offers a thorough and thoughtful summary of the topic. Rather than a simple definition, users are given a satisfying and sophisticated synopsis with references for further study.

London; Thousand Oaks, CA: SAGE, 2004p. 1016p.

Negotiated Justice and Corporate Crime: The Legitimacy of Civil Recovery Orders and Deferred Prosecution Agreements

By Colin King and Nicholas Lord

This book argues that there is a strong normative argument for using the criminal law as a primary response to corporate crime. In practice, however, corporate crimes are rarely dealt with through criminal sanctioning mechanisms. Rather, the preference – for both prosecutors and corporates – appears to be on negotiating out of the criminal process. Reflecting this emphasis on negotiation, this book examines the use of Civil Recovery Orders and Deferred Prosecution Agreements as responses to corporate crime, and discusses a variety of UK case studies. Drawing upon legal and criminological backgrounds, and with an emphasis on the conceptual frameworks of ‘negotiated justice’ and ‘legitimacy’, the authors examine the law, policy and practice of these enforcement responses. They offer an original, theoretically-informed analysis which is accessible to practitioners and researchers.

Cham: Springer, 2018. 167p.

Unchecked Corporate Power: Why the Crimes of Multinational Corporations are Routinized Away and What We Can Do About It

By Greg Barak

Why are crimes of the suite punished more leniently than crimes of the street? When police killings of citizens go unpunished, political torture is sanctioned by the state, and the financial frauds of Wall Street traders remain unprosecuted, nothing succeeds with such regularity as the active failures of national states to obstruct the crimes of the powerful.

Written from the perspective of global sustainability and as an unflinching and unforgiving exposé of the full range of the crimes of the powerful, Unchecked Corporate Power reveals how legalized authorities and political institutions charged with the duty of protecting citizens from law-breaking and injurious activities have increasingly become enablers and colluders with the very enterprises they are obliged to regulate. Here, Gregg Barak explains why the United States and other countries are duplicitous in their harsh reactions to street crimes in comparison to the significantly more harmful and far-reaching crimes of the powerful, and why the crimes of the powerful are treated as beyond incrimination.

London; New York: Routledge, 2017. 213p.

The Decline in Robbery and Theft: Inter-state Comparisons

By Don Weatherburn, Jessie Holmes

This paper finds that the national decline in robbery and theft offences is partly due to a reduction in heroin use and partly due to improvements in the economy, but that other factors are likely to have also played a role.

This report aims to describe and discuss inter-jurisdictional trends in police-recorded robbery and theft offences. Rates of recorded robbery and theft per head of population are calculated for each Australian jurisdiction from 1994/1995 to 2012. Rates of recorded robbery are disaggregated into armed and unarmed robbery. Rates of recorded theft are disaggregated into burglary, motor vehicle theft and other theft.

Sydney: New South Wales Bureau of Crime Statistics and Research, 2013. 7p,

Service Station Armed Robbery in Australia

By Lance Smith, Erin Louis, Letitia Preston

The incidence of service station armed robbery has steadily increased over the past decade. This paper examines the incidence of armed robbery at service stations and profiles the offenders involved.

The incidence of service station armed robbery has steadily increased over the past decade. Using the Australian Institute of Criminology's National Armed Robbery Monitoring Program (NARMP) data, this paper examines the incidence of armed robbery at service stations and profiles the offenders involved. The NARMP data shows that about one in ten armed robberies in Australia were of service stations, and that these were more likely to be targeted at night by lone offenders using knives. The most common item stolen was cash, with an average value of $643. The relative youth of the offenders — on average 23 years old — and infrequent use of firearms suggests the armed robberies involved little if any planning. This opportunistic targeting of service stations has been attributed to their extended opening hours, their sale of cigarettes and other exchangeable goods, their high volume of cash transactions and their isolation from other businesses. Widespread adoption of crime prevention measures by service stations, such as transfer trays, could help reduce their risk of being robbed, but the paper cautions that displacement effects should be considered prior to the implementation of new countermeasures.

Canberra: Australian Institute of Criminology, 2009. 6p.

Where and When: A Profile of Armed Robbery by Location

By Georgina Fuller

In this paper, four armed robbery profiles have been constructed, based on information contained in qualitative police narratives supplied as part of the AIC’s National Armed Robbery Monitoring Program.

In 2010, approximately 5,000 individuals and organisations reported being the victim of armed robbery. After assault and sexual assault, armed robbery is the third most common violent crime reported; a trend that has remained consistent over the last 10 years (AIC 2013). However, armed robbery is unique when compared with other types of violence due to its overlap with property crime. Specifically, while armed robbery involves the use or threat of force or violence, the primary purpose is to deprive the individual or organisation of their property (Pink 2011). A such, an incident of armed robbery can have both immediate and long-term psychological and economic ramifications for the victim. Therefore, the prevention of armed robbery remains a key focus of business groups,as well as law enforcement agencies.

Previous profiles of armed robbery have almost exclusively focused on the offender. Research conducted in Australia and overseas has examined the characteristics and motivations of offenders in order to explain the variations in robbery (see Gabor et al. 1987; Matthews 2002; Mouzos & Borzycki 2003; Nugent et al. 1989; Walsh 1986). However, while such an approach has merits as an investigative tool, it is limited in its presentation of armed robbery more generally. Specifically, these profiles fail to appropriately capture the influence of the environment and the victim on the offender. It would therefore be useful, when looking to prospectively prevent crime, to broaden this focus and incorporate not just the offender but also vulnerabilities associated with particular victims and/or locations.

Canberra: Australian Institute of Criminology, 2014. 8p.

Weapon Involvement in Armed Robbery

By Jenny Mouzos, Carlos Carcach

This analysis of 16,235 records relating to armed robbery in Australia between 1996 and 1998 finds that there were no differences in the type of weapon used by an offender of armed robbery based on the type of victim selected, whether an individual or an organisation; generally, knives were used most often to commit armed robbery, although when the target was a bank, credit union or building society a firearm was more frequently used; and there were no differences in the type of weapon used according to gender and age of offenders.

Canberra: Australian Institute of Criminology, 2001. 54p.

Armed Robbery from an Offender's Perspective: Implications for Prevention

By Stephen Nugent, Douglas Burns, Paul Wilson and Duncan Chappell

One hundred and ten convicted robbers, both male and female, were interviewed in New South Wales, Victoria and Queensland; additional perspectives were sought from robbery victims, police officers and bank security staff. Information collected from the robbers focussed on one particular robbery, and covered the following topics: . their modus operandi; . their assessment of security arrangements, including police activity; . the likelihood of crime being shifted to other areas if the banks become too tough a target; . their progression in crime; . their attitudes to staff, customers and hostages; and . their reaction to punishment and penalties.

Canberra: Australian Institute of Criminology, 1989. 150p.

Turning Money into Rebellion: The Unlikely Story of Denmark's Revolutionary Bank Robbers

Edited and translated by Gabriel Kuhn

In May of 1989, on a quiet street in Copenhagen, police discovered an apartment that had served for years as a hideaway for Denmark’s most notorious 20th-century bank robbers. The members, who belonged to a communist organization and lived modest lives in the Danish capital, had, over a period of almost two decades, sent millions in stolen dollars acquired in spectacular heists to Third World liberation movements, in particular the Popular Front for the Liberation of Palestine. One of the most puzzling and captivating chapters from the European anti-imperialist milieu of the 1970s and 1980s, Turning Money into Rebellion is the first-ever account of the story in English, covering the events from Middle Eastern capitals and African refugee camps to the group’s fateful last robbery that earned them a record haul and left a police officer dead. The book includes historical documents, illustrations, and an exclusive interview with Torkil Lauesen and Jan Weimann, two of the group’s longest-standing members. It is a compelling tale of turning radical theory into action and concerns analysis and strategy as much as morality and political practice.

Oakland, CA: Kersplebedeb and PM Press, 2014. 240p.