1,721,193 research outputs found
Negotiating Non-Contention:Civil Recovery and Deferred Prosecution in Response to Transnational Corporate Bribery
No full textWhile corporate bribery is a serious crime, that seriousness is often not reflected in the state’s criminal justice response. Due to a variety of reasons, it is rare that companies are prosecuted in England and Wales for bribery. Over the past decade, two alternative approaches have been relied upon to respond to such crime, reflecting a strategic preference for negotiation, rather than contention, and a sanctioning preference characterised by deferred or non-prosecution. The chapter explores this negotiation of non-contention, seeking to understand its nature and purpose by detailing the use of two non-prosecution based approaches – specifically civil recovery and deferred prosecution agreements (DPAs) – towards corporate bribery. For each of these, the chapter will examine how these tools came to the fore of tackling corporate bribery, the advantages/disadvantages of each, and how they are used in practice with reference to leading cases. We conclude by raising the question of whether negotiated non-contention is emerging as the ‘new’ accommodation of corporate bribery
Negotiating Non-Contention:Civil Recovery and Deferred Prosecution in Response to Transnational Corporate Bribery
No full textWhile corporate bribery is a serious crime, that seriousness is often not reflected in the state’s criminal justice response. Due to a variety of reasons, it is rare that companies are prosecuted in England and Wales for bribery. Over the past decade, two alternative approaches have been relied upon to respond to such crime, reflecting a strategic preference for negotiation, rather than contention, and a sanctioning preference characterised by deferred or non-prosecution. The chapter explores this negotiation of non-contention, seeking to understand its nature and purpose by detailing the use of two non-prosecution based approaches – specifically civil recovery and deferred prosecution agreements (DPAs) – towards corporate bribery. For each of these, the chapter will examine how these tools came to the fore of tackling corporate bribery, the advantages/disadvantages of each, and how they are used in practice with reference to leading cases. We conclude by raising the question of whether negotiated non-contention is emerging as the ‘new’ accommodation of corporate bribery
Corruption as a Facilitator of Human Trafficking:Some Key Analytical Issues
No full textThe aim of this chapter is to consider how and why ‘corruption’ facilitates the trafficking of humans into licit and illicit markets in the UK. Research and policy suggest that corrupt practices are central to the trafficking enterprise but there has been little consideration of how this occurs. We review empirical evidence on the dynamics between corruption (specifically bribery) and key trafficking processes (recruitment, transportation and exploitation) to identify likely ‘opportunity structures’ and their facilitative conditions. We argue that by focusing on points of potential interaction in the trafficking process at which bribery can occur, it is possible to identify how and where opportunities for bribery emerge; how these opportunities are realised by actors and where opportunities for intervention arise
Corruption as a Facilitator of Human Trafficking:Some Key Analytical Issues
No full textThe aim of this chapter is to consider how and why ‘corruption’ facilitates the trafficking of humans into licit and illicit markets in the UK. Research and policy suggest that corrupt practices are central to the trafficking enterprise but there has been little consideration of how this occurs. We review empirical evidence on the dynamics between corruption (specifically bribery) and key trafficking processes (recruitment, transportation and exploitation) to identify likely ‘opportunity structures’ and their facilitative conditions. We argue that by focusing on points of potential interaction in the trafficking process at which bribery can occur, it is possible to identify how and where opportunities for bribery emerge; how these opportunities are realised by actors and where opportunities for intervention arise
Corruption as a Facilitator of Human Trafficking:Some Key Analytical Issues
No full textThe aim of this chapter is to consider how and why ‘corruption’ facilitates the trafficking of humans into licit and illicit markets in the UK. Research and policy suggest that corrupt practices are central to the trafficking enterprise but there has been little consideration of how this occurs. We review empirical evidence on the dynamics between corruption (specifically bribery) and key trafficking processes (recruitment, transportation and exploitation) to identify likely ‘opportunity structures’ and their facilitative conditions. We argue that by focusing on points of potential interaction in the trafficking process at which bribery can occur, it is possible to identify how and where opportunities for bribery emerge; how these opportunities are realised by actors and where opportunities for intervention arise
Negotiating Non-Contention:Civil Recovery and Deferred Prosecution in Response to Transnational Corporate Bribery
No full textWhile corporate bribery is a serious crime, that seriousness is often not reflected in the state’s criminal justice response. Due to a variety of reasons, it is rare that companies are prosecuted in England and Wales for bribery. Over the past decade, two alternative approaches have been relied upon to respond to such crime, reflecting a strategic preference for negotiation, rather than contention, and a sanctioning preference characterised by deferred or non-prosecution. The chapter explores this negotiation of non-contention, seeking to understand its nature and purpose by detailing the use of two non-prosecution based approaches – specifically civil recovery and deferred prosecution agreements (DPAs) – towards corporate bribery. For each of these, the chapter will examine how these tools came to the fore of tackling corporate bribery, the advantages/disadvantages of each, and how they are used in practice with reference to leading cases. We conclude by raising the question of whether negotiated non-contention is emerging as the ‘new’ accommodation of corporate bribery
Introduction:In Pursuit of a European Dialogue on White-Collar and Corporate Crimes
No full textThis collection of essays is about analysing what is distinctly European about white-collar and corporate crimes in Europe. The essays in the book put forward European perspectives on white-collar and corporate crimes, exploring the white-collar crime related dynamics and tensions that exist within and between the nation-states of Europe, and with the institutions of the European region. By speaking to the common theme of ‘what is “European” about white-collar crimes in Europe’, the essays encourage and engage in cross-European dialogue and collaboration as they seek to put forward key provocations about how we can better understand and examine the intricacies of associated offending and its control
Introduction:In Pursuit of a European Dialogue on White-Collar and Corporate Crimes
No full textThis collection of essays is about analysing what is distinctly European about white-collar and corporate crimes in Europe. The essays in the book put forward European perspectives on white-collar and corporate crimes, exploring the white-collar crime related dynamics and tensions that exist within and between the nation-states of Europe, and with the institutions of the European region. By speaking to the common theme of ‘what is “European” about white-collar crimes in Europe’, the essays encourage and engage in cross-European dialogue and collaboration as they seek to put forward key provocations about how we can better understand and examine the intricacies of associated offending and its control
Introduction:In Pursuit of a European Dialogue on White-Collar and Corporate Crimes
No full textThis collection of essays is about analysing what is distinctly European about white-collar and corporate crimes in Europe. The essays in the book put forward European perspectives on white-collar and corporate crimes, exploring the white-collar crime related dynamics and tensions that exist within and between the nation-states of Europe, and with the institutions of the European region. By speaking to the common theme of ‘what is “European” about white-collar crimes in Europe’, the essays encourage and engage in cross-European dialogue and collaboration as they seek to put forward key provocations about how we can better understand and examine the intricacies of associated offending and its control
Corruption and Comparative Analyses across Europe: Developing New Research Traditions
No full textThe significance of ‘corruption’ in Europe has arisen both through the work of established scientific studies and scholarship seeking to understand its nature, scope, extent and control, and as a priority of state and non-state organisations seeking to reshape anti-corruption policy and practice within individual nation-states and the European Union more generally. Corruption is variously defined in social science and policy, but the European Commission (EC), in line with the international anti-corruption agenda, defines the concept as ‘the abuse of power for private gain’. The EC suggests corruption takes many forms including bribery, trading in influence, abuse of functions alongside nepotism, conflicts of interest, or revolving doors between the public and the private sectors. However, the EC is not in a position to impose a common legal definition on what (other than fraud against the EU) remains a national issue for each Member and non-Member State. Given the cultural and legal diversity across the European region, this essay poses the question: how and what do we know about ‘corruption’, domestically and transnationally, across Europe? This question inevitably encourages thinking about theory, methodology and evidence in social scientific inquiry and more specifically the nature of the comparative method to gain insight into corruption at universal, idiographic and integrated levels. To inform this debate, we outline in brief what we see as the four main research traditions in criminological research in Europe (surveys, experiments, and modelling studies; qualitative studies; national case studies; and analysis of specific cases of corruption) that have sought to empirically investigate, and contribute to knowledge on corruption. Following an evaluation of what can be learnt, methodologically and substantively, we see a predominance of national and sub-national level analyses which raises implications for what a European perspective on corruption looks like. For this reason, we then go on to argue for the need to cultivate theoretically-driven comparative methods of research that can stimulate interactive dialogue, deliberation and argument across European countries, regions and localities with a view to establishing robust empirical and theoretical insights. This essay explores ways of doing this, foregrounding the use of deliberative methods to better understand what is European about corruption in Europe, with focus on new concepts and tools of producing knowledge and theory cross-culturally
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