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Vol 21 No 10 Oct/Nov 2016

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Research Handbook on International Financial Crime

Edited by: Barry Rider

ISBN13: 9781783475780
Published: November 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £215.00



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A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbook addresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy.

The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime.

They discuss, in eight parts, the Nature and Characteristics of Economic and Financial Crime, The enterprise of Crime, Business Crime, the Financial Sector at risk, Fraud, Corruption, The Proceeds of financial and economic crime, and Enforcement and Control.

Academics interested in criminology, law, as well as business and legal studies students will find this book to be an invaluable resource Practitioners, including lawyers, compliance and risk managements, law enforcement officers, and policy makers will also find the points raised to be of use.

Subjects:
Criminal Law, Banking and Finance
Contents:
Introduction Barry Rider Preface Michael Levi

PART I THE NATURE AND CHARACTERISTICS OF ECONOMIC AND FINANCIAL CRIME
1. The Characteristics of Economic Crime and Criminals William Tupman
2. The Concept of Fraud: A Comparative Analysis Gilbert Crentsil
3. Financial Crime - A Historical Perspective George Gilligan
4. The Internationalisation of Crime and Technology Peter M. German
5. Crimes of the Powerful and Legitimisation Irina Abramova and Leonid Fituni

PART II THE ENTERPRISE OF CRIME
6. Organised Economic Crime Shima D. Keene
7. Trafficking Crimes Frank Madsen
8. Economic Crime and Terror: Spinning a Web of Greed and Fear Shazeeda A. Ali

PART III BUSINESS CRIME
9. The Misuse and Abuse of the Corporate Form Hans Tjio
10. The Anti-Money Laundering Regime in Hong Kong Mark Sutherland
11. Unfair Competition and Crime Shirley Quo
12. Transparency and Responsibility: Recent Developments in the Regulation of Hedge Funds in the US and the EU Thomas R. Hurst
13. Governance and Ethics Chizu Nakajima
14. Good Corporate Governance and Corporate Social Responsibility in Indonesian Banking Institutions: A Pathway in Preventing Financial Crime A. Suhartati Lukito
15. Fiduciary Duty of Loyalty Cindy A. Schipani
16. Corporate Criminal Responsibility: A South African Perspective Johan Henning and Mignon Hauman
17. Insolvency Related Crime Laura Atherton and Nadia Saleh

PART IV THE FINANCIAL SECTOR AT RISK
18. Engendering Confidence in the Financial System - Challenges and Observations Jackie Harvey
19. The Financial Crisis, Economic Crime and Development John Jeremie
20. Responsibility and Accountability in the Financial Sector Graeme Baber
21. A New Era of Sentencing Insider Crimes Rita Cheung
22. Regulation of Insider Trading in China from the Perspective of Protecting the Integrity of the Capital Markets Ye Zhen
23. Compliance Issues in the Financial Sector Dayanath Jayasuriya
24. Compliance - Risks and Obligations Stuart Bazley
25. Practicalities of Financial Crime Deterrence Richard Parlour

PART V FRAUD
26. Fraud on the Civil and Criminal Law Jonathan Fisher
27. Fraud and Restitution Justice David Hayton
28. Theory of Fraud in French Law Catherine Pedamon
29. The Concept of Fraud in Islamic Law Siti Faridah Abdul Jabbar and Asma Hakimah Ab Halim
30. Computer Related Fraud Jonathan Clough

PART Vl CORRUPTION
31. The Legal Mechanisms to Ccontrol Bribery and Corruption Nicholas Ryder
32. Corruption - New Strategies Jesper Johnson
33. Corruption and International Development Assistance Ingrida Kerusauskaite
34. Corruption in China Li Hong Xing, Xue Bin Li and Enze Liu
35. Corruption and Public Policy in post-Conflict States Matthew Glanville

PART VII THE PROCEEDS OF FINANCIAL AND ECONOMIC CRIME
36. The Pursuit of Criminal Property Richard Alexander
37. Confiscation and Forfeiture Kenneth Murray
38. Money Laundering Offences Jeffrey Bryant
39. Money Laundering and the Consent Regime in the United Kingdom- Time for Change? Andrew Campbell and Elise Campbell
40. Civil Asset Recovery: The American Experience Stefan D. Cassella
41. The Management of Information in the Context of Suspected Money Laundering Cases' Alan Bacarese, Kenneth Levy and Hari Mulukutla
42. Anti-Money Laundering Measures and the Effectiveness Question Louis de Koker and Mark Turkington
43. AML: Maintaining the Balance between Controlling Serious Crime and Human Rights Michelle Gallant
44. The Regulation and Financing of Terrorism Fletcher Baldwin

PART VIII ENFORCEMENT AND CONTROL
45. The Traditional Criminal Justice System - Its Efficacy in Dealing with Financial and Economically Motivated Crime David Fitzpatrick
46. The Management of Complex Fraud Cases David Kirk
47. Defending Individuals Charged with White Collar Crimes - Challenges and Strategies Kathryn Arnot Drummond
48. Protecting the Whistleblower Anona Armstrong and Ronald Francis
49. Rewards for Whistleblowing Caroline Bradley
50. Auditors and Fraud Detection: An Elusive Role Maria Krambia Kapardis
51. Control Liability and Compliance: Tools for Controlling Financial Crime Christopher Stears
52. Disruption of Crime and the Use of Intelligence David Johnston
53. Extradition Emma Stuart-Smith and Colin Wells
54. International Co-operation in Fighting Financial Crime John Reading
55. The International Criminal Court and Financial Crime Jessie Ingle
56. Offshore Issues in Policing Financial Crime John Masters
57. Civil Enforcement in the United States Securities and Banking Industries Arthur Middlemiss, Hillary Rosenberg and Chiara Spector-Naranjo
58. The Practical Issues in Tracing and Freezing in the Context of Civil Recovery Proceedings Peter Gray and Nooree Moola
59. Disqualification of those Engaged in the Management of Companies and Financial institutions Adrian Walters
60. New Strategies Barry Rider

Index