Crime-money,reputation and reporting

The emphasis of government legislation on money laundering has been based on the assumption that reporting institutions are able to spot deviant customer behaviour and that implicitly such behaviour is criminal. This paper looks at the drivers for reporting of suspicious or unusual activity, in particular, focusing on the principle of reputation. It considers the evidence over bank disclosure within annual published reports with respect to their money laundering compliance activity; particularly examining whether there was any change in disclosure and hence reputation management reporting by those banks fined by the regulator for lapses of compliance. An attempt is also made to apply the principles of legitimacy theory to evaluate the association between money laundering and reputation looking for evidence of a ‘virtuous cycle of compliance’. However, the findings point to limited public awareness of money laundering and to the adoption of a deficit rather than enhancement model of reputation management.

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Disclosure of children's free and reduced price meals and free milk eligibility information in the child nutrition programs. Final rule

This final rule establishes requirements for the disclosure of children's free and reduced price meals or free milk eligibility information under the Child Nutrition Programs. The Child Nutrition Programs include the National School Lunch Program, School Breakfast Program, Special Milk Program, Summer Food Service Program, and Child and Adult Care Food Program. Within certain limitations, children's free and reduced price meal or free milk eligibility information may be disclosed, without parental/guardian consent, to persons directly connected to certain education programs, health programs, means-tested nutrition programs, the Comptroller General of the United States, and some law enforcement officials. Additionally, officials also may disclose children's free and reduced price meal or free milk eligibility information to persons directly connected with State Medicaid (Medicaid) and the State Children's Health Insurance Program (SCHIP) when parents/guardians do not decline to have their information disclosed. These regulations affect State agencies and local program operators that administer the Child Nutrition Programs and households which apply for and/or are approved for free and reduced price meals or free milk. The final rule reflects the disclosure provisions of the Healthy Meals for Healthy Americans Act of 1994 and comments received on the proposed rule published in anticipation of implementing those provisions. Additionally, this final rule includes the regulatory disclosure provisions implementing the Agricultural Risk Protection Act of 2000 and comments received on the interim rule issued to implement those provisions. This final rule also implements nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004, allowing certain third party contractors access to children's eligibility status and will allow school officials to communicate with Medicaid and SCHIP officials to verify that children are eligible for free and reduced price school meals or free milk. The disclosure provisions are intended to reduce paperwork for administrators of certain programs that target low-income households and for low-income households which may benefit from those programs by allowing some sharing of household's free and reduced price meal eligibility information. This rule also includes several technical amendments.     

An analysis of cybersecurity in Dutch annual reports of listed companies

In this paper we study the disclosure of cybersecurity information in Dutch annual reports, such as cybersecurity measures and cyber incidents, from a financial law and economics perspective. We start our discussion with an analysis of the requirements in financial law to disclose cybersecurity information in annual reports. Hereafter, we discuss the incentives for the board regarding disclosing cybersecurity related information and its effect on stakeholders and shareholders. We draft hypotheses regarding the actual disclosure of cybersecurity information and propose a research design of an exploring empirical study. The results of our study show that although there is no strict legal obligation to do so, 87% of the companies mention cybersecurity or similar words in their annual report in 2018. However, only 4 out of 75 companies disclosed more than six specific cybersecurity measures, while openness would generate the highest surplus for society from a social welfare perspective. Some major Dutch banks and employment agencies did not disclose any specific information with regard to their cybersecurity strategy, while those companies are highly vulnerable for cybersecurity incidents. This hampers the protection of creditors, investors and other stakeholders. Our analysis aims to propel the debate on stimulation of self-regulation or possible obligations in financial law concerning cybersecurity in annual reports.     

Preventing HIV transmission via HIV exposure laws: applying logic and mathematical modeling to compare statutory approaches to penalizing undisclosed exposure to HIV

Twenty-four U.S. states have enacted HIV exposure laws that prohibit HIV-positive persons from engaging in sexual activities with partners to whom they have not disclosed their HIV status. There is little standardization among existing HIV exposure laws, which vary substantially with respect to the sexual activities that are prohibited without prior serostatus disclosure. Logical analysis and mathematical modeling were used to explore the HIV prevention effectiveness of two types of HIV exposure laws: "strict" laws that require HIV-positive persons to disclose their serostatus to prospective partners prior to any sexual activity and "flexible" laws that require seropositive status disclosure only prior to high-risk sex (e.g., unprotected anal or vaginal intercourse). These laws were compared relative to each other and to a no-law alternative. The results of these analyses indicate that, under most (though not necessarily all) circumstances, both strict and flexible exposure laws can be expected to reduce HIV transmission risk relative to the no-law alternative, with flexible exposure laws producing the greater reduction in risk. This study demonstrates how logical analysis and mathematical modeling techniques can make an important contribution to the construction of a rational basis for decisions about a highly contested public health policy issue.     

The rights of rape victims are enhanced: Using the law of premise liability for compensation

The field of victimology has been inundated with empirical evidence which demonstrates victims of crime have very few rights. Yet a new field of civil liability has been growing in the last few years which gives rape and assault victims a new avenue to be compensated for their injuries. This paper will demonstrate how the victims’ target is not the criminal justice system (through compensation from restitution or victim’s compensation statures). Nor is it the defendant (who usually makes no money). Rather, the target is the rich apartment complex owners and other owners of commercial premises who have failed to maintain their premises safely. As a result of their negligence, the victims fail to be afforded the right to visit or habitat or to sleep without fear and are ultimately raped. Jury verdicts in these premises liability cases have reached more than nine million dollars. This paper will analyze the legal process whereby one particular rape victim actualized her rights and gained significant monetary damages under this evolving law of premise liability. Finally, it proposes the creation of a new institutionalized program that promotes the rape victim’s rights to adequate compensation for her injury-the Rape Victims’ Rights and Opportunities Program.     

Gender Patterns of Research and Licensing Activity of Science and Engineering Faculty

In this paper we extend our earlier work on science and engineering faculty disclosure and licensing activity to examine a characteristic of faculty ignored in our earlier work – the gender of faculty in our database of over 4500 faculty at 11 major universities. Not surprisingly, women comprise only 8.55% of the faculty in our sample. They are most represented in the biological sciences and the women in the sample are more likely to be younger faculty. The most striking result from highlighting women in the sample is that women are less likely to disclose inventions than men despite the fact that there are no significant differences in publication patterns. While disclosure activity varies by gender, we find that the disclosure activity of women and men converges over the period of our sample.JEL Classification: J16, L3, O3Financial support was provided by National Science Foundation (SES 0094573), the Alan and Mildred Peterson Foundation and the Ewing Marion Kauffman Foundation.     

法证披露模型:应当向法证专家披露什么和法证专家应当披露什么?

法律上的披露问题主要集中在检控方向辩护方提供或者隐瞒了哪些证据。在本文中,我们将披露的概念扩展到更广泛的情境下,在这种情境下,披露失误可能导致误判。我们引入了一个概念模型,即“法证信息披露”,它涉及哪些信息应该披露给法证检验人员,以及法证检验人员应当披露哪些信息。本文全面概述了四类利益相关者的动态交互:法证服务、调查、法律和外部利益相关者。我们通过五个问题讨论了法证信息披露模式的有效实施,即如果要向法证检验人员或者由法证检验人员提供最好的信息,以提高法证决策质素,并尽量减少偏差,则什么时候进行披露?披露什么?如何披露?向谁披露?为什么披露?     

Woman pullers: pimping and sex trafficking in a Mexican Border City

Much has been written about sex trafficking in the past decade, although empirical studies have remained few. Even less research has been done on those who make a living by facilitating the movement of women and children in the sex industry. This paper is based on a three-year study in Tijuana, Mexico, in which 92 sex trade facilitators were interviewed. Findings suggest a far more complex social process than portrayed by the anti-trafficking literature. Men and women of diverse backgrounds developed niches in Tijuana’s sex industry, by bringing women into contact with customers. This business appeared to be dominated by Mexican entrepreneurs, with no evidence of any systematic collaborations with either local criminal organizations or foreign traffickers. There appeared to be no shortage of women willing to work in the sex industry, suggesting limited prospect for coerced prostitution. Still, a small number of pimps reported using “persuasion” to recruit women of particular types from interior Mexico. Commissions or referral fees were the most common form of income received by pimps for their services, and the rules on how money was to be made and split between sex workers and venue owners appeared well established. While a few respondents could sustain a livelihood through pimping, the majority held other jobs.     

Exploring the relationships of women's sexual assault disclosure, social reactions, and problem drinking

The goal of this exploratory study was to examine correlates of sexual assault disclosure and social reactions in female victims with and without drinking problems. An ethnically diverse sample of sexual assault survivors was recruited from college, community, and mental health agencies. Ethnic minority women were less likely to disclose assault, and women with a greater number of traumatic life events disclosed assault more often. Although there were no differences in disclosure likelihood by drinking status; of those disclosing, problem drinkers told more support sources and received more negative and positive social reactions than nonproblem drinkers. Correlates of receiving negative social reactions were similar for normal and problem drinkers; however, negative social reactions to assault disclosure were related to more problem drinking for women with less frequent social interaction. Implications for future research and possible support interventions with problem-drinking victims are provided.     

Eliciting cues to deception by tactical disclosure of evidence: The first test of the Evidence Framing Matrix

Purpose. Research on real‐life suspect interviews shows that disclosure of evidence is a very common tactic and that it occurs in all phases of the interview. It is therefore remarkable that there is hardly any research on the effectiveness of different disclosure tactics. The aim of this study was to examine the effects of three different disclosure tactics: presenting the evidence early and two versions of the Strategic Use of Evidence (SUE) technique. Methods. For the SUE‐Basic technique (SUE‐B), the evidence was disclosed late in the interview. For the SUE‐Incremental technique (SUE‐I), we used a stepwise disclosure tactic derived from the so‐called Evidence Framing Matrix. The tactic consists of revealing evidence of increasing strength and precision. A mock‐theft scenario was employed with 195 participants who were randomly allocated to one of six conditions: guilty or innocent suspects were interviewed with one of the three techniques. Two measures of inconsistency were used as dependent variables: statement‐evidence inconsistency and the newly developed within‐statement inconsistency. Results. By interviewing with SUE‐I, strong cues to deception were elicited, especially for the statement‐evidence inconsistency variable. For the SUE‐B, significant but smaller differences between guilty and innocent suspects were obtained. Conclusions. We found that both when and how the evidence was disclosed moderated the effectiveness of disclosure. With respect to when, it was more effective to disclose the evidence late (vs. early), and with respect to how, it was more effective to disclose the evidence in a stepwise (vs. direct) manner. The tactical aspects of evidence disclosure are discussed.     

Patient confidentiality statutes in Medicare & Medicaid fraud investigations

The Medicare and Medicaid programs have been burdened with health care providers' fraudulent and abusive practices since their implementation in 1965. To help states discover and prevent Medicare and Medicaid fraud, Congress has enacted statutes permitting access to patients' medical records in investigations of fraud. The majority of states have enacted physician-patient and psychotherapist-patient privilege statutes to protect confidential information from disclosure. Thus, the state's need for patient information conflicts with the patient's right of privacy. This Note discusses several court decisions that have wrestled with the tension between these two policies. The courts, after balancing the state interest in eliminating fraud against the patient's privacy interest, have often allowed disclosure of patient medical records. Although some courts have attempted to limit the extent of the information disclosed, few have set forth explicit standards to protect patient records from unwarranted disclosure of confidential information. This Note suggests guidelines for courts, legislatures and health care providers to uniformly limit the extent of this disclosure.     

Regulatory Disclosure of Offending Companies in the Dutch Financial Market: Consumer Protection or Enforcement Publicity?

Regulatory disclosure of names of offending companies is increasingly popular as an alternative to traditional command and control regulation. The goals and intended effects of disclosure are not always clear, however. Do regulators wish to increase their transparency, or do they intend to name and shame? This article aims to contribute to a better understanding of the underlying working mechanism of regulatory disclosure of offenders' names through a case study of the Dutch Authority for Financial Markets' disclosure policy. It distinguishes two types of disclosure strategies: consumer oriented and firm oriented. The case study shows that although informing consumers was the primary purpose of disclosure as intended by the Dutch legislature, the purpose in practice has shifted to informing companies about the regulators' enforcement policy. The nature of the disclosed information makes it unlikely that disclosure adequately prevents financial risk taking by consumers. Instead of empowering consumers, disclosure has been incorporated in a traditional deterrence logic, turning out not to be an example of new governance but instead a modern version of command and control enforcement publicity.     

No (,) More Bolam Please: Montgomery v Lanarkshire Health Board

Montgomery v Lanarkshire Health Board concerned a negligent non‐disclose of certain risks involved in natural birth. The Supreme Court departed from Sidaway v Bethlem Royal Hospital, which formerly governed negligent risk disclosure. A new test was adopted: risks that are material must be disclosed, the materiality of a risk to be decided by reference to a reasonable person in the patient's position, or where the medical professional should be reasonably aware a particular patient is likely to attach significance to that risk. The Court emphasised risk disclosure practices must focus on what the patient wants to know. Yet the Court's portrayal of this change as a development of Sidaway is questionable. The decision is problematic in its engagement with precedent, the new test's future implications and statements regarding therapeutic privilege. Despite rejecting Bolam v Friern Hospital Management Committee's relevance to risk disclosure, this case is likely to remain relevant.     

Missing persons-missing data: the need to collect antemortem dental records of missing persons

The subject of missing persons is of great concern to the community with numerous associated emotional, financial, and health costs. This paper examines the forensic medical issues raised by the delayed identification of individuals classified as "missing" and highlights the importance of including dental data in the investigation of missing persons. Focusing on Australia, the current approaches employed in missing persons investigations are outlined. Of particular significance is the fact that each of the eight Australian states and territories has its own Missing Persons Unit that operates within distinct state and territory legislation. Consequently, there is a lack of uniformity within Australia about the legal and procedural framework within which investigations of missing persons are conducted, and the interaction of that framework with coronial law procedures. One of the main investigative problems in missing persons investigations is the lack of forensic medical, particularly, odontological input. Forensic odontology has been employed in numerous cases in Australia where identity is unknown or uncertain because of remains being skeletonized, incinerated, or partly burnt. The routine employment of the forensic odontologist to assist in missing person inquiries, has however, been ignored. The failure to routinely employ forensic odontology in missing persons inquiries has resulted in numerous delays in identification. Three Australian cases are presented where the investigation of individuals whose identity was uncertain or unknown was prolonged due to the failure to utilize the appropriate (and available) dental resources. In light of the outcomes of these cases, we suggest that a national missing persons dental records database be established for future missing persons investigations. Such a database could be easily managed between a coronial system and a forensic medical institute. In Australia, a national missing persons dental records database could be incorporated into the National Coroners Information System (NCIS) managed, on behalf of Australia's Coroners, by the Victorian Institute of Forensic Medicine. The existence of the NCIS would ensure operational collaboration in the implementation of the system and cost savings to Australian policing agencies involved in missing person inquiries. The implementation of such a database would facilitate timely and efficient reconciliation of clinical and postmortem dental records and have subsequent social and financial benefits.     

Truman's revenge: Social control and corporate crime

Many criminologists have found that corporate crime does more harm than street crime, whether measured by property lost, money stolen, or lives taken. Yet, public concern about crime is almost exclusively focused on street crime and “just deserts” for the offender. The authors argue that corporate criminality is more likely than individual criminality to be planned and subjected to cost/benefit analysis than street crime and therefore more likely to be deterred by raising the costs of corporate criminality. The Model Penal Code is used to demonstrate that both individual and corporate crime produce a comparable array of avoidable harms. Public policies that demand just deserts for individual offenders (natural persons) are revealed as highly inconsistent with policies that protect corporations (juristic persons) from accountability for the harms they create. A philosophical and legal foundation for corporate crime control strategies is provided. The authors propose a sanctions regime for corporate criminals comparable to the sanctions regime imposed on natural persons for street crimes. Strategies to avoid risk shifting by corporations are suggested. This revised version was published online in July 2006 with corrections to the Cover Date.     

Depth-interviewing Finnish professional criminals

This article shows how easy and valuable is to interview offenders, when the information of crime or criminals life is needed. There is no need to use just authorities information that is often very one sided and focused on solving single crime or personality behind the committed crime. During this study I interviewed 15 persons and one group of 6 persons. The 21 interviewees represented 14 different groups active in the 1990s in Finland and cross-border criminality. The interviewed persons were selected for equal representation of four different criminal backgrounds. The types of crimes that Finns typically commit across borders (from abroad to Finland) include: (1) different kinds of smuggling (spirits, tobacco and drugs), (2) trafficking in prostitutes and organising their work (procuring) in the country. From Finland to foreign countries, Finnish criminals primarily, (3) handle stolen goods (fencing), (4) money laundering. The persons selected to be interviewed were still committing or had recently committed these types of crimes. There are only a few empirical studies made on professional criminals. It is amazing how similar the findings of these are, even though the three studies—British, American and the present—reflect different social conditions and different decades. On occasion it feels that the place and time of study are irrelevant, as if you are reading and analysing just one study. From the research point of view it is interesting how such similar findings are possible. None of the 14 groups that I studied were able to fulfil the 14 variables of organised crime, that I required for a group to be classified as an organised crime group.

Identity, genealogy, and the social family: the case of donor insemination

In this paper I discuss whether or not biographical information concerning the sperm donor should be disclosed to children conceived through donor insemination. Policies of disclosure for example in the context of adoption, have been justified on the basis of a notion of identity which emphasizes genetic ties. This notion of identity and the policies of disclosure of information concerning biological parents based on it, have been criticized by many writers, including feminists, as reinforcing explanations of human organization and development based on biological determinism rather than on ideas such as social construction. Further, this notion of identity is seen to emphasize the importance of genetic parenthood over the commitment involved in bringing up a child as a social parent. While agreeing with these criticisms of that particular notion of identity, I argue that the notion of identity as a whole should not be summarily rejected. Rather, it should be re-interpreted using a sociological approach incorporating the notion of narrative. This second narrative notion of identity is developed with reference to the situation of some groups of children, who like those born from donor insemination, generally do not have any knowledge of their biological parent[s], for example adoptees, the children of the disappeared in Argentina and child migrants. In this paper, policies of disclosure which allow these children to gain some knowledge of their biological parents are discussed in light of the two notions of identity. It is argued that disclosure may be justified on the basis of a narrative notion of identity. This allows for the rigid dichotomy created between biological determinism and social construction: the importance of social parents to the child is emphasized, however the desire a child may have to know something about her or his biological parent is not denied or dismissed.     

Working women making it work: intimate partner violence, employment, and workplace support

Partner violence may have significant consequences on women's employment, yet limited information is available about how women cope on the job with perpetrators' tactics and the consequences of her coping methods on employment status. This article investigates whether there is an association between workplace disclosure of victimization and current employment status; and whether there is an association between receiving workplace support and current employment status among women who disclosed victimization circumstances to someone at work. Using a sample of partner victimized women who were employed within the past year (N = 485), cross-tabulation and ANOVA procedures were conducted to examine the differences between currently employed and unemployed women. Binary logistic regressions were conducted to examine whether disclosure and receiving workplace support were significantly associated with current employment. Results indicate that disclosure and workplace support are associated with employment. Implications for clinical practice, workplace policies, and future research are discussed.     

The State of the Debate About Children's Disclosure Patterns in Child Sexual Abuse Cases

In current research studies about the disclosure patterns of sexually abused children, experts agree that most victims delay disclosure for years, often until adulthood. Researchers disagree about disclosure rates and recantation rates among children during formal interviews. Studies of children who had not previously disclosed but are known through corroborative evidence to have been sexually abused show lower rates of disclosure than do studies of children who had disclosed prior to the formal interview. Gradual disclosures among children are common, and more than a single interview may be necessary in some cases. Prior disclosure, level of support by non‐offending parents, developmental level, and relationship to perpetrator affect children's rates of disclosure and their disclosure patterns. More research is necessary to clarify children's post‐disclosure recantation rates and predictors.     

The hidden trillions: Secrecy,corruption, and the offshore interface

This paper considers the role of secrecy jurisdictions in creating a supply-side stimulus for corrupt practices and explores the use of the newly created Financial Secrecy Index as a tool for assessing and ranking such jurisdictions. Secrecy jurisdictions are a prominent feature of international financial markets, providing a combination of low or zero tax rates, lax regulation, weak international judicial cooperation, and—above all—legalised secrecy facilities. Citing the case of Barbados, this paper shows how an environment of legalised secrecy is purposefully created by not requiring disclosure of ownership information for corporations, trusts, foundations and other legal entities; through non-participation or ineffective participation in judicial cooperation and information exchange; and through laws to protect banking secrecy arrangements. Taken in combination these factors make secrecy jurisdictions attractive conduits for illicit cross-border financial flows and the harbouring of dirty money. Using secrecy jurisdictions as platforms for their operations, legal and financial intermediaries create complex and opaque offshore structures to facilitate economic crime and impede investigation. Current international efforts to stem the activities of secrecy jurisdictions are largely ineffective, but civil society is raising pressure for effective action to be taken against offshore secrecy.