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Extraterritoriality and International Bribery
The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of mor...
Economic Crime
This book is the first attempt to establish 'economic crime' as a new sub-discipline within criminology. Fraud, corruption, bribery, money laundering, price-fixing cartels and intellectual property crimes pursued typically for financial and professional gain, have devastating consequences for the prosperity of economic life. While most police forces in the UK and the USA have an ‘economic crime’ department, and many European bodies such as Europol use the term and develop strategies and structures to deal with it, it is yet to grain traction as a widely used term in the academic community. Economic Crime: From Conception to Response aims to change that and covers: definitions of the key ...
The Bundling of Foreign Bribery Cases
This article is the first that discusses how national enforcement authorities have been using bundling, meaning tying or rolling up a number of things together, to settle with corporations over multiple bribery allegations. These settlements rely on some allegedly illegal acts that defendants would likely reject to settle if they were to decide on them separately. In this context, our understanding of what constitutes and should constitute a foreign bribery case is limited. The article shows that anti-bribery bundling is part of a broad trend that allows, in some cases, the United States (US) enforcement authorities to enforce foreign anti-bribery laws extraterritorially. This trend is illustrated on cases in which the US enforcement authorities punished companies headquartered in Europe for their operations outside the US. The article concludes with a discussion of the significant implications the extraterritoriality of bundling has for foreign anti-bribery law theory and policy.
Research Handbook on Extraterritoriality in International Law
By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Intimations of Global Anti-Bribery Regime and the Effectiveness of Extraterritorial Enforcement
One topic has featured in discussions of bribery of foreign public officials over the last few years - the rise of the broad extraterritorial use of national anti-bribery laws (based on the OECD Anti-Bribery Convention) which might reach domestic or foreign companies anywhere in the world. The problem is that extraterritoriality pushes or even exceeds traditional principles of public international law which may both support and undermine the core values of the international order. In this context, it is still unknown how and to what extent this practice is effective; i.e. whether positive effects of extraterritoriality outweigh negative effects. This paper aims to develop an outline of the e...
Transnational Bribery
This paper explores when extraterritorial application of national laws is an appropriate solution to global problems. As a case study, the paper analyzes enforcement of national anti-bribery legislation based on the Anti-Bribery Convention of the Organization for Economic Cooperation and Development (OECD Convention). In recent years, the extraterritorial enforcement of national legislation has increased. The scope of such legislation covers many multinational corporations (MNCs) acting worldwide. While this way of governing MNCs makes it more effective for governments to hold them accountable for a number of global problems they cause, extraterritoriality might serve self-interests of major...
Corporate Criminal Liability and Sanctions
This edited collection sheds light on the evolution of corporate financial crime, exploring a myriad of offenses ranging from money laundering and fraud to market manipulation and bribery. Considering and assessing the models used in national law to determine the culpability of corporations, this book compares the different schemes used to address financial and other organisational crimes committed by these entities. Through a combination of history, law, and global perspectives, its chapters dissect landmark cases and provide detailed analyses of money laundering, fraud, market manipulation, manslaughter, and legislative responses in various locations around the world. This comparative appr...
The Handbook of Security
The substantially revised third edition of The Handbook of Security provides the most comprehensive analysis of scholarly security debates and issues to date. It reflects the developments in security technology, the convergence of the cyber and security worlds, and the fact that security management has become even more business focused. It covers newer topics like terrorism, violence, and cybercrime through various offence types such as commercial robbery and bribery. This handbook comprises mostly brand new chapters and a few thoroughly revised chapters, with discussions of the impact of the pandemic. It includes contributions from some of the world's leading scholars from an even broader geographic scale to critique the way security is provided and managed. It speaks to professionals working in security and students studying security-related courses. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Scams, Cons, Frauds, and Deceptions
This unique volume presents cutting-edge research on the nature and extent of a wide range of scams, cons, frauds, and deceptive activities, including sextortion, the use of ransomware, phishing, identity theft, Ponzi schemes, online shopping fraud, gift card scams, and health care fraud targeting elderly victims. The contributions to this book raise and attempt to answer several intriguing questions: Why have governments in each global region failed to respond more aggressively to these crimes? What can/should the private sector and social media giants be doing? Can the current responses of both governments and the private sector be linked to the public’s ambivalence about how to respond ...
