Securities And Investment Scam Criminology Essay

It has been a long time since financial criminal offenses has been discovered and the body of research in this kind of concern has been growing quickly. Today this research provide protects a wide range of topic which range from financial studies to communal implication of the analysis as well concerning research to prevention and best practices that may help to avoid this fast growing issue. This chapter provides a synopsis of the impact of financial crime, the steps used to handle this issue and briefly evaluate the theories around financial crime on earth.

Definition and types of financial crimes

There is no broad concensus on the meaning of financial criminal offenses but it can be understood that it's any type of against the law activity that lead to an economic damage. Financial offences, sometimes identified to as "white collar" crimes, are nonviolent criminal acts comitted to gaine illegal monetary. According to the United Nation Office on Medicine and Crime (UNODC) financial criminal offense may very well be "any non-violent criminal offenses that results in a financial damage which include computer crime and dishonest practices". Financial offences is a critical issue and it offers likely devastating economic, security and public impact. It encourages drug sellers, terrorists, unlawful arm dealer, corrupt public officers and others to use and increase their criminal corporations. According to Petter Gottschalk, (2010), " financial offense can be categoried in corruption, fraud, theft and manipulation. There are different types of financial criminal offense. These kinds are as follows

Money Laundering

According to Jeffrey Simser, (2006), money laundering can be defined as "a method designed to make illicit acquisitive benefits appear authentic, usually by disguising the property's unlawful provenance. " Quite simply, perpetrators want to cover-up the monetary sources from illegal transactions so that it look like it was received from legal resources. Commonly, regarding to (Schneider, 2004; Cassella, 2004), money laundering has been described as a cycle occurring in three different stages. Firstly, Location, the stage at which illegal funds are unveiled in the financial system mainly deposited in a bank account. Layering, the level of the process in which the property is relocated around from lender to bank and its own possession and source is covered-up to keep it away from its illicit source and the ultimate stage at which the property is re-introduced into the legitimate current economic climate.

Embezzlement

According to williams (2006), embezzlement can be defined as the dishonest appropriation to personal use or benefit for property or money entrusted by another. The actor first comes into possession of the property with the agreement of the owner. Embezzlement could occur between trusted friends or even family members, but also occurs in simple businesses as well. Conscientious study of financial data by the account owner can help show you signals of embezzlement, such as lacking funds, duplicated investigations, or accounting problems.

Credit greeting card fraud

Pickett and Pickett (2002) recommended that credit cards fraud is the use of stolen charge card details to get access to the goods or services in the name of the cardholder. Sometimes a brand new visa or mastercard is falsified using known details. Credit cards can be stolen or details extracted from files that are not properly safe.

Securities and investment fraud

Securities scams is a type of financial criminal offenses that is involved with illegal manipulation of beliefs of financial market. It offers insider trading, preferential rates, and misrepresentation of value. The types of misrepresentation implicated in this offense include providing bogus information and presenting bad advice. Insider trading occurs when a person uncovers information about an investment then uses the information to buy or sell shares with an enterprise. Preferential rates and misrepresentation both implicate inflating or deflating the worthiness of stocks in order to manipulate the market.

Investment Property is the house sold as a certified investment with high comes back. The victim is inspired to buy investment property with a house management company that will package all the loan documents. The sufferer reassured and informed that he / she has to do nothing apart from be the buyer and borrower. Then your victim sees that the property was increased in value, no loan payments have ever been done, and any gathered rents have been taken as well.

Identity theft and Phising

Laundon and Laudon (2010) defines identity robbery as a criminal offenses in which a pretender gets private information, such as social security identification numbers, driver's license figures, or visa or mastercard, name, address, driver's license, date of beginning, Social Security quantity, account information, consideration login qualifications, or family identifiers to pretend to be someone else.

According to Higgins et al. , (2008), iIdentity robbery is the unlawful use of another's personal identifying information. It implicate financial or other private information stolen with the objective of to be someone else.

Phishing is thought as the technology or social engineering used to entice victims to expose their personal information such as account statistics, login IDs, passwords, and other confirmable information that may then be exploited for illicit purposes, including personal information theft. Phishing is most often commited through mass e-mails and spoofed websites.

Counterfeiting

Counterfeiting is a pernicious criminal offenses as it corrupts the economic system. Counterfeiting implaicates the use of artificial money, such as manufacturing falsely expenses and coins with a more valuable version. Therefore, counterfeiting can break up the stream of inflation and deflation with the addition of more falsely money into a handled system and also threaten global security, as these activities are occasionally devoted by terrorists and other dangerous criminals to funding their activities or disguise their earnings (Interpol, 2009).

Mail Fraud

Internet sales or online auction fraud - The perpetrator agrees to buy something available for purchase on the Internet or in an online auction. The seller is told that he / she will be delivered an official check (e. g. , cashiers check) via over night mail. When the check arrives, it is several hundred or thousand dollars more than the agreed-upon value. The seller is instructed to deposit the check and refund the overpayment. The official check is subsequently went back as a counterfeit but the refund was already sent. The seller is remaining with a damage, potentially of both merchandise and the refund.

Bank Fraud

This is criminal acts committed in connection with personal bankruptcy or liquidation

proceedings. A person processing for personal bankruptcy or an enterprise that has truly gone into liquidation

can hide resources after proceedings have been initiated, in so doing preventing lenders from

collecting their statements. However, the majority of the criminal serves are typically committed

before personal bankruptcy/liquidation proceedings are initiated, e. g. the debtor has failed to

keep accounts or has unlawfully withdrawn money from the business (˜kokrim, 2008).

Bribery and corruption

THEORIES ON FINANCIAL CRIME : WHAT ARE THE FACTORS INFLUENCING FINANCIAL CRIME?

A theory is a forecasting or justification of an undeniable fact. According to Petter Gottschalk, (2010), the body of research of financial offense is divided into three branches

Behavioral theories

According to Hansen (2009), differentiation can be produced between economical, business, and elite crimes. Participants used in reputed finance institutions commit the majority of such crimes. Employees because of their own benefits instead of for the business benefits, commit occupational or most significant criminal offense. Hansen (2009) advised that people commit crime because of low self-control. Duffield and Grabsky (2001) describe some of the key motivational and subconscious factors that lead to financial offense. They mentioned that fraudulence can be discussed by three factors

1) An increased in stimulated criminals,

2) The option of suitable money, and

3) The absence of security.

As Nettler found the level of desire and the belief of opportunity are personality factors. The balance between desire and opportunity moves. Temptation to grab fluctuates with specific nature and situation (Nettler 1974, p. 75). Inspiration is, therefore, a blend of a person's personality and the opportunity which they get. Fraud is principally committed by motivated and determined sorted out participants for the sole reason; financial benefits

Greed

Fraud is performed by motivated sets of organised actors decided only for financial profit. Based on the Drugs and Criminal offenses Reduction Committee of Victoria, an increase in recent years of organised criminals in illicit and suspicious activity implicate typically external problems on banks, superannuation cash and business. Duffield & Grabosky (2001) known that greed lies at the heart of much dishonest activity in the population.

Emerging Movements in ones lifestyle

People are influence to acquire recourse to financial crime because of the changes in financial condition that go over their control. Unfortunately some are capitulated to commit illicit action to keep up a good quality lifestyle.

Financial Strain

Financial strain triggered by gambling problem is an area of concern (Duffield & Grabosky 2001). The expense of suspicious drugs contributes also to financial stress on individuals who be a part of them therefore they are really enticed to commit criminal offense in order to get money. Based on the Drug and Criminal offenses Reduction of Victoria, relationship or marital breakdowns causes, both financial and mental stress which can symbolize a sudden decline in the standard of living of your indvidual together with a sense of powerlessness and resentment, ones can have recourse to financial crime to be able to earn a good living.

Power

Duffield and Grabosky (2001) known the desire a lot of people have for power over others and over situations. Quite simply, the feeling of ability over individual is apparently a determined pressure to execute illicit act by firmly taking advantage on poor people.

Misunderstandings

Poor communication can occur some type of dishonesty. Corresponding to Neville (2000), complaints have been made every year in Victoria against sollicitors for misappropriation of assets or income that concern poor communication between experts and their clients. Experts may be found guilty for not following a standard of do.

Organizational theories

A financial offense often takes place in form of the organized crime. Regarding to Petter Gottschalk (2010), unlawful organization serves as a monopolistic organization, and the theory of monopoly is used to estimate organized crimes. In planned criminal offense, Shvarts (2001) shows that rational choice theory can explain the surge of the Russian Mafia that is because of low income and financial challenges allied with an exploiting police, they had any choice to possess recourse to criminal offenses to afford their quality lifestyle. Rational choice theory state governments that people commit offences after acknowledging the punishment for the offences, as well as the rewards of completing these acts effectively. Examples of this theory are the bank teller who's experiencing personal financial difficulty and decides to loot money from the lender to be able to increase his quality lifestyle (Lyman and Potter, 2007).

Gross (1978) argued in his traditional article on the idea of organizational criminal offense that studies of offense, and delinquency have a strong theoretical bottom part. He provided two important theoretical interactions. Firstly, the internal structure and setting of organizations is the fact in order for the goals to be acheived, the organization will be required to violate the guidelines and regulation occur the business. Subsequently, the perpetrators will affiliate with the upwards mobility of the business and likely prepared and able to commit criminal offense for the business enterprise to achieve its goals and also to prosper. Bruinsma and Bernasco (2004) used interpersonal network theory to describe the dissimilarities in social group between criminal groups that is criminal organization have a network composition which relates to the legal and financial hazards from the crimes

Managerial theories

According to Eisenhardt (1985), company theory is associated with agreeing two issues that may appear in agency romantic relationships. Firstly, the agency problem occurs when the wishes or goals of the main and agent disaccord which is fuzzy and costly for the principal to verify the particular agent is doing. Secondly, is the situation of risk posting that happen when the main and agent have different risk tastes, goals and don't share revenue which occur due to accessibility of new technology. Garoupa (2007) adapted agency theory to criminal organizations. He categorized the criminal firm as a family group business with one primary and several real estate agents. Alliance theory is concerned with collaboration, often happens in legal organizations, it decrease the threat of incompetent legal provision. Trust is an important factor in partnerships. Criminal organizations tend to be based on trust between its people.

Governmental Theories

Adverse government buildings may also be a motivating factor to financial offense. An increased in monetary activities together with a poor system in a country including weak administration capacity and fragile democracy, poor remuneration of general population servants, lack of transparency in authorities institutions and vulnerable rule of rules has increased the opportunities for individuals to possess recourse to financial and financial criminal offenses.

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)