The underworld of gemstones

In recent decades prices of high-end “colored gemstones” (trade jargon for precious stones other than diamonds), like almost all “collectibles,” have risen dramatically. Demand has been spreading to economic classes formerly excluded at the same time the supply of high-quality material from natural sources falls, leading to constant searches for as yet undiscovered sites, which may take on the character of gold-rushes. While no doubt criminogenic factors have always existed within the gemstone business, periods of rapid price rise mean stronger temptation for illegal activities. The potential list of economic offenses, civil, regulatory and criminal, associated with the gemstones business includes: illegal mining, environmental offenses, bribery, gun-running, smuggling, “terrorist”(i.e. insurgent) financing, commercial fraud, mining-share swindles, money laundering and, not least, simple theft along with recycling stolen goods. This paper represents an attempt to understand the criminogenic factors in light of the history and current structures of the business. It fits the gemstone trade into a commercial, geo-strategic and sociological matrix, the three often interacting in mutually reinforcing ways. It asks whether, given the incentives and opportunities for illicit activity, relying primarily on industry self-regulation makes sense. But it questions whether the international regulatory regime now in place for diamonds can be applied to the far more diffuse supply-side of the colored gemstone market. The paper is divided into three parts. The first, “Under the Rainbow,” examined the shady side of gemstone mining in a geo-political context. The current one, the second in the series, entitled “In the Eye of the Beholder,” looks at fraud in cutting and polishing of rough gemstones into finished gems. The third “Hot Rocks, Cold Cash” will focus on illicit activity in the retail jewelry trade.     

The underworld of gemstones

In recent decades prices of high-end “colored gemstones” (trade jargon for precious stones other than diamonds), like almost all “collectibles,” have risen dramatically. Demand has been spreading to economic classes formerly excluded at the same time the supply of high-quality material from natural sources falls, leading to constant searches (that may take on the character of gold-rushes) for as yet undiscovered sites. While no doubt criminogenic factors have always existed within the gemstone business, periods of rapid price rise mean stronger temptation for illegal activities. The potential list of economic offenses, civil, regulatory and criminal, associated with the gemstones business includes: illegal mining, environmental offenses, bribery, gun-running, smuggling, “terrorist”(i.e. insurgent) financing, commercial fraud, mining-share swindles, money laundering and, not least, simple theft along with recycling stolen goods. This paper represents an attempt to understand the criminogenic factors in light of the history and current structures of the business. It fits the gemstone trade into a commercial, geo-strategic and sociological matrix, the three often interacting in mutually reinforcing ways. It asks whether, given the incentives and opportunities for illicit activity, relying primarily on industry self-regulation makes sense. But it also questions whether the international regulatory regime now in place for diamonds can be applied to the far more diffuse supply-side conditions of the colored gemstone market. Methodologically, the paper is a research essay in the political economy of clandestine international economic activity, with particular focus on its historical, geo-strategic and sociological context rather than a more narrow, traditional criminological study. The second may work well enough when the activity under investigation is a crime per se, as with studies of illegal drugs. However when the activity is inherently legal, but conducted illegally, it is essential to understand thoroughly the nature and operation of the legal business to make sense of the illegal. The illegal is buried in and works concurrently with the legal, not in the narrow sense of having the legal as cover, but in a more profound sense of the legal and the illegal sharing attitudes and supporting institutions. The paper is divided into three parts. The first, “Under the Rainbow,”examines the shady side of gemstone mining in a geo-political context. The second, “In the Eye of the Beholder,” looks at fraud in cutting and polishing of rough gemstones into finished gems. The third, “Hot Rocks, Cold Cash,” focuses on illicit activity in the retail jewelry trade.     

Credit card fraud under Chinese criminal law

Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely. “Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,” which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law.     

Integrated Theory and Crimes of Trust

The integrated theory first proposed by Elliott et al. (1979), combining strain, social control, and social learning (and sometimes social disorganization) theories, has been repeatedly tested and consistently supported for a wide range of behaviors including licit and illicit substance use, violence, and other forms of illegal behavior. It has not, however, been tested for a class of illegal behaviors best described as crimes of trust, which include different types of fraud, workplace theft, and income tax evasion. This category of offending includes offenses commonly regarded as white collar crime, and also offenses that have been more or less marginal to the study of white collar crime. The present paper tests the integrated theory specifically for crimes of trust in the National Youth Survey Family Study, a national, multigenerational sample of individuals whose focal respondents were 11–17 years old in 1976–1977, and who are now in middle adulthood. Relying on structural equation modeling (SEM), parallel tests are performed for two generations, the focal respondents in early middle age (ages 38–45) and their adult offspring (ages 18–24) for the period 2002–2004.     

Provider medicaid fraud: A note on white-coat crime

To date, relatively few empirical studies have been conducted of provider medicaid fraud or, more generally, of “white-coat crime”--offenses by health professionals. Based on data accumulated by a quality control unit on the duplicate billings for a single service by New York State providers, the present research attempts to help fill this void by assessing the prevalence of medicaid fraud. Two conclusions are suggested by the data. First, unlike other realms of upperworld criminality, provider fraud does not appear to be pervasive. Second, provider occupations with more of a business orientation appear to have a greater involvement in fraudulent activities than groups that are more fully professionalized.     

Review panel consensus and post-decision commercial performance: a study of early stage technologies

We examine the ability of review panels to predict commercial success when evaluating early-stage technologies from small business. Specifically we examined whether a screening process resulted in greater consensus among grant panel members, to what extent certain panel members “stuck” to their evaluations, and whether information sharing and panel consensus resulted in better predictions of commercial success. In general, we found that expert panel members tend to move toward consensus after discussion, with technical experts being the most “sticky”. While information sharing does not lead to better prediction, increasing consensus among panel members does indicate a slight improvement in prediction accuracy.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

Organized criminal involvement in the illicit antiquities trade

From the ”glocal” perspective of a large sample of archaeologists conducting fieldwork throughout the world and working on the very sites of interest to looters, this paper explores the question whether and to what extent organized crime is involved in the theft and illicit export of archaeological resources. Two major findings are presented: first, archaeologists tend almost unanimously to consider that organized crime operates within the ‘global’ antiquities market, but when asked about their own personal experiences with looting on the sites where they work, many fewer report observations of organized crime; second, however, it is apparent that respondents’ conceptions of “organized crime” involve media-driven, stereotypical representations of mafia-style structures. Therefore, although in their reporting of observed local activities they do not provide substantial survey evidence of the presence of organized crime so defined, they do report appreciable “organization” among those who have looted their sites—which, again, they have almost unanimously experienced. This paper considers the implications of such findings for both the definitional debate on organized crime and the academic analysis of the trade in looted antiquities.     

Calculating and Believing: Ideological Norms in the Cradle of Utility Maximization

An individualist approach to political phenomena is not necessarily an economic approach. We can assume that beliefs and commitments as well as selfishness motivate individuals. Ideology provides a basis for individual choice for policy makers and for citizens and is as much a micro-foundation as narrow “self-interest.” Employing a “least-likely” case approach this paper shows that we can find legitimacy and norm-sensitive behavior in the cradle of utility maximization, the firm. In this paper I will lay out some puzzles found in the general areas of business, politics, and policy-making and show how the particular piece of behavior can be understood within the logic of ideological frameworks and the normative acceptability or legitimacy of actions. The purpose is more an “analytical narrative” than a systematic empirical investigation. It suggests the critical importance of examining the normative as well as the self-interest foundation of behavior. To that end, the empirical context of the discussion is provided by business social responsibility, by business participation in elections, by a snapshot of an ideologically driven political career, and by an antibusiness policy decision. The narrative moves from the generosity of business corporations, to foreign-owned corporations' political activity decisions in the host country, to Mrs. Thatcher and the median voter, and finally to the decision to abolish the slave trade.     

Is less better?: Boot camp, regular probation and rearrest in North Carolina

Using official data, 331 boot camp participants and a stratified random sample of 369 regular probationers were tracked for rearrests over a threeyear period. Chisquare tests and logistic regression analysis indicate that participation in boot camp was significantly associated with rearrest for drug offenses, offenses categorized as “other,” and all types of offenses combined. Contrary to most prior research, which suggests that boot camp participation has no effect on subsequent criminal behavior, the results in this study indicate that participation in the boot camp program had a detrimental effect on its participants.     

Rise and fall of trade multilateralism: A proposal for ��WTO �� la carte�� as an alternative approach for trade negotiations

Under the auspice of the GATT, the idea of “single undertaking” was introduced in the Uruguay Round to get rid of what is called “GATT à la carte” in the Tokyo Round and to strengthen the trading system. However, that approach, combined with other factors, in particular the consensus decision making rule, greatly increased the difficulties of decision making in the World Trade Organization (WTO). This article proposes a “WTO à la carte” approach for trade negotiations and discusses its implications for the future of trade multilateralism.     

The underworld of ivory

This paper examines the emergence and operation of the illegal market for ivory, paying particular attention to the institutional structure and criminogenic characteristics of the industry. It notes that many of the problems associated with modern regulation have deep historical roots. While much anti-animal trade rhetoric emphasizes the alleged participation of “organized crime” in the clandestine traffic, the reality is that, not just with ivory, but with all wildlife trade, the illegal market is run (and always has been run) by the same actors who operate the legal one, and with the same infrastructure. On the other hand, while much free-market rhetoric insists that regulations, along with taxes and prohibitions, simply lead to underground activity which frustrates the objectives of the policy, in reality the causes of the growth of the illegal market are much more complex. Certainly some illegal trade in ivory dates back to the very start of conservation regulations, but it was not sufficient to pose a threat to the survival of the affected species. Rapid growth of the illegal market really dates from the 1970s. It emerged in response, not to regulatory changes, but to inflated demand due to exogenous financial changes on one side and the interaction between increased human pressure on habitat and a shifting international geo-strategic context on the other. The ivory trade was associated with civil strife long before “blood diamonds” or “conflict timber” came into vogue. Pressure on the herds, which had reached apparently crisis proportions by the late 1980s, led to a shift from a regulatory to a prohibitory regime. Although that shift was presented as essential to save the species, the experience with supply-side controls in general calls such optimism into question. Legal initiatives originally evolved to affect market behavior in advanced industrial countries may be of dubious merit when applied to the radically different problem of policing “crimes against nature,” particularly in places where competition for resources is acute, administrative structures are weak, and governments may lack in legitimacy in the eyes of significant portions of their populations.     

Intention and Attempt

Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the “moral character” or “intentional structure” of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the “continuity thesis,” according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law.     

Market offenses and limits to growth

The purpose of this article is to explore various factors that may regulate or stabilize levels in market offenses. Instead of assuming that illegal markets are ‘out of control’, evidence is advanced to demonstrate, on the contrary, that there are indeed limits to growth in criminal markets. This is presented along three principal and interconnected arguments. First, social norms limit the ability of suppliers to shape demand for illicit goods and services. Using public opinion surveys, it is concluded that the more objectionable the moral status of an illegal market, the smaller the pool of potential consumers and sellers. Second, there are considerable obstacles that confront suppliers of illegal goods and services accumulating capital and upward mobility. The consequences of product illegality inhibit the organizational growth capacities as well as the geographic expansion of illicit firms. Third, while impunity via corruptible alliances do cancel some of the effects of product illegality, this impunity is not a constant that can always be depended upon. To the extent that corruption varies across jurisdictions and over time, illegal entrepreneurs may come to realize that impunity is intrinsically limited in scope and volatile in nature and over which they essentially have very limited control. This revised version was published online in July 2006 with corrections to the Cover Date.     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

涉及民间借贷违法犯罪的法律适用问题研究

在办理非法集资犯罪案件的过程中,我们应从犯罪行为人的主观心态、集资行为方式、集资对象等方便进行考察,以界定行为所针对的对象是否为社会不特定对象。在对非法集资犯罪行为人非法占有目的进行认定时,要走出以犯罪结果为依据的客观归罪误区,坚持主客观相统一的原则。应当界定非法集资犯罪行为赃款的范围并明确追缴主体及其职责。非法集资共同犯罪的正犯包括集资人本人以及与集资人共谋并通过各种形式分得赃款的行为人。放任犯罪结果发生的下线人员属于集资诈骗罪的帮助犯,对不知资金获取人存在诈骗故意而将非法吸收的公众存款转贷给诈骗行为人的下线行为人,应以非法吸收公众存款罪论处。     

The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders

This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.

The fight against terrorism and crime in the context of National, Regional, and Global security

The large quantity of illegal drugs remaining in Afghanistan since the fall of the Taliban regime presents an opportunity for both drug dealers and terrorists. The potential for generating vast sums of money could lead to“ narcoterrorism,” sustaining and financing terrorism over the long term. Narcoterrorism is not specifically recognized as a crime in many countries, nor is“ state sponsored terrorism.” The Republic of Georgia is currently drafting legislation to do this. That project, described here, is managed by the National Security Council of Georgia and includes several tasks to determine the causes and nature of the threats as well as the development of tools to combat them.     

The traffic in garbage and hazardous wastes: an overview

The traffic in garbage and hazardous wastes is a huge illicit transnational business that involves a wide array of criminals, including private entities, corrupt public officials, and organized crime groups. The traffic in CFCs and radioactive materials and the chemical by-products of illicit crop cultivation and production are related problems with significant negative environmental and social consequences. Inelastic demand, price differentials among industrialized and developing nations, corruption, incongruent international regulations, a lack of political will, and the emergence of waste brokers are all factors that drive the illegal trade and inhibit law enforcement. While regulatory and criminal justice efforts have been mostly ineffective, technological innovations that reduce waste and the costs of safe disposal may limit opportunities for waste traffickers. The right mix of subsidies and taxation as well as monitoring and compliance at the local level could make legal disposal more attractive, and thus further inhibit criminal opportunities.     

试论"超越法律"的企业社会责任

The corporate social responsibility “beyond law” is the responsibility of enterprises beyond the mandatory obligations by force of law but in line with social values and expectations. Indeed, the legal norms on such kind of responsibility are “soft law”, which mainly incorporate social values and expectations in corporate business behaviors and governance structure, so as to realize corporate “self-regulation”. By protecting the substantive and procedural rights of stakeholders and improving their negotiation power, the “soft law” aims at realizing the spontaneous confrontation and balance of the market, and the corporate reputation mechanism and the functions of NGOs adds much to the performance of corporate social responsibility. He Zhaodan, Economics Doctor of Sun Yat-Sen University, mostly focuses on Law and Economics. She has published six research articles in the academic journals of China.