Corruptions can be classified into two different categories: passive and active. Passive corruptions is where a criminal justice agent takes bribes or gratuities or anything in that nature (Pollock, J). Active corruptions is where you physically take something from a crime scene or engage in more deviant behaviors (Pollock, J.). Corruption can be also be classified as political, economic, and public administrative corruption. Probably the two most corruption in the field would be economic and political.
These crimes of money laundering and terrorist financing can both be classified as serious crimes and as such in enforcing legislation with measures in place for anti-money laundering and counter terrorism financing, most Commonwealth Caribbean territories see the significance in raising issues with regard to prevention, detection and prosecution. This discussion will provide an understanding on the extent to which the presumption of innocence is blown away or in other words to what extent legislation places the burden of proof on a defendant accused of money laundering and terrorist financing offences. Also, some insight will be provided on the rationale(s) for denying or providing a remedy to such an individual where it can be demonstrated that her right to innocence until proved guilty has been violated. Before delving into a discussion on the applicability of the presumption of innocence principle to anti-money laundering and counter terrorism financing legislations in Commonwealth Caribbean jurisdictions, it is important
Bribery in criminal law refers to the improper acceptance by a public official, juror, or someone bound by a duty to act impartially, of any gain or advantage to the beneficiary, including anygain or advantage to a third person by the desire or consent of the beneficiary. A gain or advantage may be a pecuniary benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. ”“Every person who shall voluntarily offer or receive any benefit as consideration to influence anofficial act to be done or not done, shall be guilty of bribery, and upon conviction thereof shall beimprisoned for a period of not more than three years, and fined three times the value of the9 benefit offered
Larceny is simply another word for theft. According to Schmalleger & Hall (2014), larceny is defined as “the trespassing or wrongful taking and carrying away (asportation) of the personal property of another with intent to steal (p. 269). The four elements of larceny go as followed: trespassory taking, and carrying away, of the personal property of another, with intent to steal. Trespassory taking involves a person taking property not belonging to them without the permission of the actual owner(s). The next element of larceny is carrying away, which entails that the items stolen have been physically moved away from where they belong by the criminal in question.
Paragraph 67 of PCAOB Auditing Standard No. 12 states that: The auditor 's evaluation of fraud risk factors should include evaluation of how fraud could be perpetrated or concealed by presenting incomplete or inaccurate disclosures or by omitting disclosures that are necessary for the financial statements to be presented fairly in conformity with the applicable financial reporting framework. Most likely, Qwest did not have this system or was not using it. Someone would have caught the mistake and corrected it in order to comply with accounting and auditing standards.
Identity theft is a problem. It is the act of stealing one’s information, such as credit card numbers. It can go beyond credit cards, however. Criminals can steal social security numbers, medical information, information on taxes, and others. Identity theft is one of the problems in America.
Money laundering serves two purposes when it comes to terrorist activity. It conceals the illegal origin of the money and the illegal destination of the funds (Unger, 2013, p.21). Research has shown and experts agree the sale and trade of drugs is a sizeable financial contributor to terrorist organizations. For example, the Taliban profited from the trafficking of opium and taxing the drug in areas under its control. These funds were then used to support terrorist organizations like Al Qaeda (Unger, 2013, p.22).
Counterfeit intellectual property and product 5. Fraud on both companies and individual called as data compromise fraud. 6. Fraud which involves the conversion to his own use of funds or property by servant, an employment, an agent or any person who is entrusted al these by other person or company. 7.
James B. Jacobs writes this book on the criminal exploitation of the American labor movement. His book goes beyond the history of labor racketeering to explore the issue from every conceivable angle. It looks at the various criminal methods employed; the depth of Mafia’s infiltration into some of the larger American unions; as well as the efforts of law enforcement, legitimate union organizers and anti-mob dissidents. Prosecutors ' successful uses of RICO are detailed, as are the deficiencies in RICO processes. Of particular interest to readers of Mafia titles, Jacobs provides explanations for the ways organized criminals insinuate themselves into and extract money from labor unions.
Organized retail crime (ORC), is frequently referred to as organized retail theft, typically refers to retail theft and fraud by organized gangs of professional shoplifters, or ―boosters. It is an umbrella term including a variety of retail crimes, including theft, gift card fraud, return fraud, and price switching and cargo theft. Stolen goods may be taken not only from retailers, but from manufacturers, warehouses, and distributors as well. The organized crime rings resell this illegally attained merchandise a variety of different ways. They may use fencing operations such as jockey lots (flea market), pawn shops, and online markets like eBay.
Analytical anomalies are indicated by anything that is not normal, for instance, procedures, transactions that happen when they normally wouldn 't, employees who perform tasks that normally wouldn 't, and unusual transactions amounts (Albrecht, 1996). An extravagant lifestyle is a symptom of fraud when the fraudster is stealing money to support a lifestyle that their income couldn 't support, like buying expensive houses, cars and clothes (Albrecht, 1996). Unusual behavior is a stress response to fraud caused by the fear and guilt of committing the fraud. Examples of this behavior are: increase in substance abuse, mood changes and acting irritable and suspicious (Albrecht, 1996).
In certain circumstances, whereby perpetrators of organized crime may need to “clean” ill-gotten wealth, such as drug trafficking money, they may set up legitimate corporations for the purpose of money laundering. Therefore, corporate crime may relate with organized crime in that sometimes the former benefits financially from the latter (such as using mafia money as business capital), while corporate activities are used as a front to legitimize illegal wealth through money
According to the FBI, organized crime is defined as any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities. (Federal Bureau of Investigations, n.d.). Their position are obtained through corruption, extortion, laundering, violence (actual or threat) and graft. The groups behind these illegal activities can include local officials, politicians, mafia or cartels and syndicates (Russian, Italian, African etc.). Regardless the group there is a common theme amongst them, they are structured, well organized and have some type of influence throughout the local community, region or even nationally.