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4622 results in Criminal Law

Page 129 of 232

  • 15 - INTERPOL

  • Bruce Zagaris
  • Book:
    International White Collar Crime
    Published online:
    05 November 2015
    Print publication:
    10 August 2015, pp 586-634

  • Summary

    Introduction

    In September 1923, police chiefs from twenty countries met in Vienna, Austria, without diplomatic authority or instructions from their government, and formed the organization now known as the International Criminal Police Organization, or INTERPOL. The organization was established without the normal formality of a treaty ratified by member states. Although the absence of a treaty may make INTERPOL unconventional, police organizations and governments throughout the world have broadly participated in INTERPOL since its inception. As of May 1, 2009, 187 countries participate in INTERPOL, making it a truly universal organization in terms of its membership.

    INTERPOL's mandate includes the investigation and suppression of drug trafficking, money laundering, bank fraud, smuggling, trafficking in illicit arms and stolen works of art, financial fraud, illicit electronic fund transfers, piracy of cassettes and videotapes, hijacking of planes and ships, theft, arson, and terrorism, as well as the tracking of fugitives from such offenses. INTERPOL assists in transmitting information about individual cases and fugitives as well as trends in crimes, but it does not actually conduct arrests. On white collar crime issues INTERPOL helps in the investigation and prosecution of cases, and it collects and disseminates data on crime trends and new police techniques. It also provides technical assistance, especially to developing countries, both on general police techniques and on responding to specific crimes.

    Hypotheticals

    1. Country X and Country Y do not have diplomatic relations. Country X has evidence that Mr. A, one of its nationals, in cooperation with Z entity, which has close relations with the government of Country Y, has been counterfeiting its currency and also trafficking drugs into Country X. Both Country X and Y are members of INTERPOL. Please advise Country X on what, if anything, INTERPOL may do to assist in preventing further criminal activities and helping arrest and prosecute Mr. A. and the Z entity. Would your advice differ if Country X had evidence that nationals of Country Y's navy crossed into its territorial waters to perform a security operation? In that situation, Country X has arrested them and is considering prosecuting them, but Country Y vigorously disputes that the action occurred in the territorial waters of Country X. Country X wants to prosecute agents, both governmental and nongovernmental, of Country Y that organized and assisted in the naval operation.

  • 4 - Transnational Corruption

  • Bruce Zagaris
  • Book:
    International White Collar Crime
    Published online:
    05 November 2015
    Print publication:
    10 August 2015, pp 105-167

  • Summary

    Introduction

    In 1977, Congress enacted the Foreign Corrupt Practices Act (FCPA). For many years, as a result of the FCPA, the United States was the only country with laws actively prohibiting its citizens, nationals, businesses, and, in some circumstances, foreign companies that participate in its capital markets from bribing foreign officials.

    Since the passage of the FCPA, a number of international initiatives and conventions have resulted in widespread laws prohibiting bribery and improper inducement of foreign officials in connection with business transactions. Beginning in 1995, several international conventions addressing transnational corruption have entered into force. As a result, the hard law requirements preventing and criminalizing participation in transnational corruption have greatly multiplied. In addition, international organizations and civil society groups have joined to require corporate governance initiatives focusing on antibribery and anticorruption measures.

    In recent years, corruption scandals have contributed to the downfall of governments in Ecuador, Brazil, Italy, Trinidad and Tobago, and India. They have weakened long-entrenched ruling parties, including Japan's Liberal Democratic Party and Mexico's Institutional Revolutionary Party. In the United States, two decades after the Watergate scandals prompted new rules concerning political contributions and the enactment of FCPA, campaign finance reform has reemerged as a major political issue.

    The number and variety of countries facing corruption scandals highlight the complexity and prominence of corruption as a global issue. Pervasive and uncontrolled corruption thwarts economic development and undermines political legitimacy. Less pervasive corruption results in wasted resources, increased inequity in resource distribution, diminished political competition, and greater distrust of government. Establishing and exploiting opportunities for bribery at high levels of government can also increase the cost of government, distort the allocation of government spending, and dangerously lower the quality of infrastructure. Even relatively petty or routine corruption can deprive a government of revenues, distort economic decision making, and impose negative externalities such as increased pollution on society. Increasingly anticorruption interacts with many other international white collar crime subject areas, such as money laundering, taxation, and organized crime.

  • 10 - International Evidence Gathering

  • Bruce Zagaris
  • Book:
    International White Collar Crime
    Published online:
    05 November 2015
    Print publication:
    10 August 2015, pp 365-412

  • Summary

    A Hypothetical

    Over the last five years, Joseph Borodillo (JB) has developed a successful financial empire, which in recent months has gained “high tech” capabilities. In particular, it has expanded from waste disposal and restaurants and night clubs to counterfeit computer software.

    As part of his business enterprises, JB has established a company called SW Ltd. (SW) in Country ABC to import and distribute counterfeit software in the United States. SW buys counterfeit software from CopyIT, a small company in the Commonwealth of Lavadoria. Instead of paying CopyIT for the counterfeit software directly, SW buys computer hardware for the company.

    The SW-CopyIT scheme operates as follows:

    1. 1. JB sells the counterfeit software and transfers the proceeds to offshore accounts.

    2. 2. JB then has SW use its existing account with Grande Verde in Lavadoria to order large quantities of computer equipment.

    3. 3. Grande Verde Lavadoria is a wholly owned subsidiary of Grande Verde, a large corporation and major government contractor. Grande Verde actually fills the contract order and receives copies of the purchase order.

    4. 4. JB pays Grande Verde for the computer equipment with cashier's checks drawn on several offshore banks. Some, but not all, Grande Verde executives are knowingly involved in these schemes.

    5. 5. Grande Verde ships the computer equipment to CopyIT's offices in Lavadoria.

    JB pays for counterfeit software imports with the proceeds of the sale of a U.S. company, using money from suspicious sources shipped to a third party in suspicious amounts. In essence, the payments suggest the use of the Black Market Peso Exchange.

    Jane Laing, Grande Verde's compliance counsel, reports her concerns about the sales in Lavadoria to Mike Smith, Grande Verde's outside counsel. Mike then decides to make a voluntary disclosure to the U.S. Attorney's Office.

    To what extent can Grande Verde cooperate with the government? Can it make anyone available for interviews? Can it turn over records? Can it waive financial privacy rights for its bank accounts?

    From the perspective of the U.S. government and the U.S. Attorney's Office, what is the best way to proceed? Can they obtain documents from Grande Verde and CopyIT? Can the U.S. Attorney issue subpoenas to Grande Verde for its records? What if Lavadoria has a blocking statute? What are the effects of bank secrecy? Are there any dual criminality issues?

  • 14 - The World Bank Group

  • Bruce Zagaris
  • Book:
    International White Collar Crime
    Published online:
    05 November 2015
    Print publication:
    10 August 2015, pp 548-585

  • Summary

    Overview and History

    The World Bank Group (WBG) is an umbrella group of international financial institutions charged with promoting free market development to combat poverty. Established in 1944 during the famed Bretton Woods conference, the WBG includes two institutions – the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA) – and three affiliated institutions: the International Finance Corporation (IFC), the Multilateral Investment Guarantee Agency, and the International Centre for Settlement of Investment Disputes (ICSID). Based in Washington, D.C., the WBG is run by a board of directors representing 185 stakeholder countries.

    The World Bank Group (WBG) includes the International Monetary Fund (IMF), the World Bank (WB), and the other constituent entities. To fulfill its overall mission of fighting poverty, it helps countries strengthen development efforts by providing loans and technical assistance for institutional capacity building, as well as loans for infrastructure and environmental improvements. It provides resources, shares knowledge, and facilitates the development of partnerships in the public and private sectors.

    The IMF's overall mission is macroeconomic and involves financial surveillance throughout the world. Through its activities, the IMF works to promote international monetary cooperation; facilitate the expansion and balanced growth of international trade; promote foreign currency exchange stability; and assist in the establishment of multilateral systems of payment. The IMF promotes international monetary stability by making loans to countries to allow them to correct maladjustments in their balance of payments without resorting to measures that may negatively affect national or international prosperity.

    The IMF sets standards through its operational policies. For example, since the 1950s, it has attached conditions to loans made to states in need of economic assistance. These conditions allow recipients to obtain fund financing beyond the IMF member's Article IV commitment to meet their declared exchange rate parity with gold or the United States dollar referred to as the (automatic the “gold tranche”) if they implement economic and financial adjustment programs that the IMF considers satisfactory. In 1997, the IMF followed the World Bank and broadened these conditions to include general good governance. The IMF and World Bank have conditioned loans and projects on whether public policies are in place to avoid bribery, corruption, and fraudulent activity in the management of public resources.

  • Preface

  • Bruce Zagaris
  • Book:
    International White Collar Crime
    Published online:
    05 November 2015
    Print publication:
    10 August 2015, pp vii-viii

  • Summary

    Since 1975, I have spent a large part of my practice and academic career devoted to the field of international white collar crime, and hence it is my passion.

    This book is intended as a survey and overview of international white collar crime.

    The book can be used by practitioners and policy makers, whether in government, international organizations, legislatures, nongovernmental organizations, trade associations, and businesses. The book can also be used for training of national and international law enforcement officials. While the discussions emphasize a legal perspective, they also draw on foreign policy, national security, and criminal justice perspectives. The book also discusses the international organization theory, namely the roles of developing international enforcement regimes and subregimes and international networks.

    This book discusses the rise of international economic crime and recent U.S. and international strategies to combat such crime. A word on the organization of the book is in order. The book has three main parts. The first discusses substantive crimes, particularly tax, money laundering and counterterrorism financial enforcement, transnational corruption, transnational organized crime, export control and economic sanctions, international securities enforcement, and international environmental enforcement. The second part discusses procedural aspects of international white collar crime, namely extraterritorial jurisdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, INTERPOL, and economic integration groups.

    The book captures the phenomena of convergence enforcement, whereby law enforcement, on different levels, uses the convergence of different substantive areas, such as anti-corruption, anti–money laundering, economic sanctions, and tax transparency, to start investigations and prosecutions, as well as to develop policies and enforcement regimes.

    This second edition has two new chapters. One (Chapter 7) is on international environmental enforcement. It discusses the International Criminal Court jurisdiction for the environment, the Convention on International Trade in Endangered Species, the Convention on the Protection of the Environment through Criminal Law (Council of Europe), and State Responsibility Under Generally Recognized Principles of Law. It also discusses actions of international organizations, including the UN, Interpol, and the Group of 7. The chapter looks at environmental enforcement in the context of economic integration, especially the European Union, NAFTA, and other forms of environmental cooperation.

  • 9 - Extraterritorial Jurisdiction

  • Bruce Zagaris
  • Book:
    International White Collar Crime
    Published online:
    05 November 2015
    Print publication:
    10 August 2015, pp 319-364

  • Summary

    Introduction and Hypotheticals

    Globalization, the information revolution, and the proliferation of free trade have facilitated the spread of transnational crime, including white collar crime. As the geographical reach of crime has expanded, so too have the efforts of governments to expand jurisdiction over crimes with international elements. This chapter examines the bases for extraterritorial jurisdiction, especially as they relate to white collar crime, and various mechanisms used to limit the inevitable conflicts that arise from concurrent assertions of jurisdiction. This chapter also discusses limitations on the power to enforce and adjudicate related to the immunities of states, diplomats, consuls, international organizations, and their officials.

    National criminal law is based on the principle of territorial sovereignty of the state. This principle requires courts within a particular state to apply its criminal law, whereas in civil or commercial cases domestic courts sometimes apply foreign laws. The inability of domestic courts to apply foreign law in criminal cases makes jurisdictional conflicts more important and more difficult to resolve. In the same vein, the potential for diplomatic conflicts when other states are denied the ability to assert their criminal jurisdiction is much greater than in civil cases.

    When analyzing trends in national criminal jurisdiction, it is useful to distinguish among the following categories: (1) jurisdiction to prescribe (also referred to as legislative jurisdiction), (2) jurisdiction to enforce (or executive or enforcement jurisdiction), and (3) jurisdiction to adjudicate.

    Hypothetical 1: You are an Assistant District Attorney in New York City. The District Attorney has asked you to advise on jurisdictional issues related to a series of transactions involving the family that owns Banco Grande (BG), a prominent financial institution in the Latin American state of Venecolomador. The family has prominent political connections with the government of Venecolomador. The District Attorney has received evidence suggesting that, between January 2002 and December 2004, BG helped high-net-worth individuals evade currency exchange controls and move money out of Venecolomador using BG branches in the Bahamas and the Cayman Islands. In addition, the District Attorney believes that BG paid off officials in the Venecolomador government to ensure that bank inspectors would not uncover irregularities. The illicit payments may have been approved at a BG board meeting in Venecolomador, in which Mr. Executivo, a board member, participated by phone from his office in New York.

  • Chapter 3 - Interpreted interviews with highly vulnerable children

  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp 77-174

  • Summary

    DEFINITIONS AND VULNERABILITY FACTORS

    “Vulnerability is a concept fraught with paradox. To start with, the concept is in common use but its meaning is imprecise and contested. Confusing, complex, vague, ambiguous are but a few of the labels scholars across disciplines have used to refer to it. (Bio)ethics and law, in particular, are disciplines which have spawned an extensive literature on vulnerability.”

    Lourdes Peroni - Alexandra Timmer, Vulnerable groups: The promise of an emerging concept in European Human Rights Convention law

    “Vulnerability is our susceptibility to be wounded. This fragility is part of our nature and cannot be escaped. The best the brain can do is to shut down conscious awareness of it when pain becomes so vast or unbearable that it threatens our ability to function. The automatic repression of painful emotion is a helpful child's prime defence mechanism and can enable the child to endure trauma otherwise be catastrophic. The unfortunate consequence is a wholesale dulling of emotional awareness.”

    Gabor Mate, In the Realm of Hungry Ghosts: Close Encounters with Addiction

    “On and on the rain will say

    How fragile we are“

    Sting, “Fragile”

    If an object is easily broken or damaged, we deal with it cautiously and treat it in a certain careful way. We even place a warning label on the box it is packed in or on the wrapping, reminding everyone who comes into contact with it, that it is fragile. We, human beings, ‘subjects’, although we have no warning label attached, are all fragile; fragility, as Gabor Mate put it in the quotation above, ‘is part of our nature and cannot be escaped’. True as this may be, however, some of us are even more fragile, or, to use another term, more vulnerable than others due to certain personal or external characteristics and features. Therefore, we have at least the same level of responsibility and duty of care towards them as is shown to objects: the responsibility to provide enough attention and concern, to ensure special treatment due to their specific needs, and to follow specific or exceptional norms to prevent them being injured and harmed, as far as possible.

  • Annex 1 - Directive 2012/29/EU

  • from Annexes
  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp 329-346

  • Summary

    DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012

    establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA

    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

    Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) thereof,

    Having regard to the proposal from the European Commission,

    After transmission of the draft legislative act to the national parliaments,

    Having regard to the opinion of the European Economic and Social Committee,

    Having regard to the opinion of the Committee of the Regions,

    Acting in accordance with the ordinary legislative procedure,

    Whereas:

  • The Union has set itself the objective of maintaining and developing an area of freedom, security and justice, the cornerstone of which is the mutual recognition of judicial decisions in civil and criminal matters.

  • The Union is committed to the protection of, and to the establishment of minimum standards in regard to, victims of crime and the Council has adopted Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings. Under the Stockholm Programme – An open and secure Europe serving and protecting citizens, adopted by the European Council at its meeting on 10 and 11 December 2009, the Commission and the Member States were asked to examine how to improve legislation and practical support measures for the protection of victims, with particular attention paid to, support for and recognition of, all victims, including for victims of terrorism, as a priority.

  • Article 82(2) of the Treaty on the Functioning of the European Union (TFEU) provides for the establishment of minimum rules applicable in the Member States to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension, in particular with regard to the rights of victims of crime.

Children and Justice: Overcoming Language Barriers
  • Cooperation in interpreter-mediated questioning of minors
  • Edited by Heidi Salaets, Katalin Balogh
  • Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015
  • Interpreter-mediated child interviews, by their nature, involve communication with vulnerable interviewees who need extra support for three main reasons: their age (under 18), language and procedural status (victim, witness or suspect). The CO-Minor-IN/QUEST research project (JUST/2011/JPEN/AG/2961; January 2013 - December 2014) studied the interactional dynamics of interpreter-mediated child interviews during the pre-trial phase of criminal proceedings. The project aimed to provide guidance in implementing the 2012/29/EU Directive establishing minimum standards on the rights, support and protection of victims of crime. This book sets out the key findings from a survey conducted in the project partners' countries (Belgium, France, Hungary, Italy, the Netherlands and the UK) targeting the different professional groups involved in child interviewing. Both the quantitative and qualitative analysis of the respondents' answers is discussed in detail. The book also provides hands-on chapters, addressing concrete cases of children involved in criminal procedures who required the assistance of an interpreter to ensure their rights were fully protected. Finally, a set of recommendations is offered to professionals working in this area.

  • Chapter 1 - Introduction

  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp 1-46

  • Summary

    DEFINITIONS AND GENERAL FRAMEWORK

    THE CO-MINOR-IN/QUEST PROJECT

    A twelve-year-old German boy is returning from a trip to Spain with his parents. On the way home, the family is carjacked and robbed at a lay-by along the motorway. The parents are seriously injured by two armed carjackers who steal the family's car and all their valuables, leaving the parents for dead in the middle of the night, with their son. When the police arrive at the crime scene, they find the terrified and injured family who are immediately taken to hospital. As both parents are seriously injured, they cannot be interviewed yet. Initially, the police can only rely on the son's statement to track down the offenders. However, the boy does not speak Spanish, except for a few words picked up from the children he played with near the holiday home. How will the police communicate with him? How can the interview team ensure that the conversation with the potentially traumatized boy runs as smoothly as possible? In what ways can they provide adequate protection and support? These are the main issues the CO-Minor-IN/QUEST project dealt with and which will be reflected in this publication.

    The CO-Minor-IN/QUEST project (Cooperation in Interpreter-Mediated Questioning of Minors: JUST/201 l/JPEN/AG/2961) belonged to the Criminal Justice Support Programme, set up by the Directorate-General Justice (DG Justice) of the European Commission to co-finance project actions that ‘promote judicial cooperation within the field of criminal justice’. In the spirit of this programme, the CO-Minor-IN/QUEST project aimed at improving international cooperation between all EU member states, and particularly those belonging to the project consortium: Belgium, France, Hungary, Italy, the Netherlands and the United Kingdom. The following project partners participated in this two-year research project (January 2013 - December 2014) focused on improving interpreter-mediated child interviews.

  • - KU Leuven (University of Leuven) (Belgium): project co-ordinator;

  • - ISIT: Institut de management et de communication interculturels (Institute of Intercultural Management and Communication) (France);

  • - ESZTER Alapitvany az Eroszakos Szexualis Tamadast Elszenvedettek Rehabilitaciojara (Eszter Foundation) (Hungary);

  • - Universita di Bologna (Bologna University) (Italy);

  • - Heriot-Watt University, Edinburgh (United Kingdom);

  • - Raad voor Rechtsbijstand (Legal Aid Board) (Netherlands);

  • - Ministerie van Veiligheid en Justitie (Ministry of Security and Justice) (Netherlands).

    • Another salient feature of the CO-Minor project, as well as its international orientation, is its multidisciplinary approach.

Page 129 of 232