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Article
Publication date: 27 May 2024

Chandan Saxena

Transaction laundering has become an increasingly intricate and rampant form of financial misconduct in the age of digital commerce. This research paper conducts an exhaustive…

Abstract

Purpose

Transaction laundering has become an increasingly intricate and rampant form of financial misconduct in the age of digital commerce. This research paper conducts an exhaustive examination of this issue, categorizing the various techniques criminals use to highlight areas where existing risk management practices could be further refined. Amid escalating regulatory scrutiny of both financial and nonfinancial entities, the paper stresses the implications of not meeting regulatory standards. As a novel contribution, this study advocates for a shift in risk management strategies. It argues that entities under obligation should harness advanced technological methods to counter transaction laundering challenges effectively. The study serves as a relevant guide for online businesses aiming to strengthen their measures against transaction laundering. For future work, the potential effectiveness of technology-driven countermeasures deserves further scrutiny.

Design/methodology/approach

This study used a conceptual legal research method, using a library-based doctrinal legal research approach with a conceptual legal perspective, drawing from existing literature. This study reviewed primary and secondary legal sources, including case law and provisions of the Money Laundering (Prohibition) (Amended) Act, 2012, and the Terrorism (Prevention) Act 2013 (as amended). This study also assessed the provisions of the Economic and Financial Crimes Commission (Establishment) Act, Laws of the Federal Republic of Nigeria, 2004. This research further incorporated a blend of archival and secondary legal sources. This study conducted comparative analyses, examining the legal frameworks of Canada, the UK, Hong Kong and China alongside Nigeria to identify potential lessons for enhancing Nigeria’s legislation concerning money laundering and terrorism financing. This study also assessed problems and derived insights from the study’s findings. This research method was chosen to establish the credibility of the findings regarding the issues of money laundering and terrorist financing.

Findings

The analysis uses a comprehensive network dataset, encompassing ties among individuals and businesses in the Netherlands from 2005 to 2019. It integrates administrative data, including family ties, shared bank accounts and employment history, with corporate information and ownership relations from the Chamber of Commerce. Criminal data related to police interventions, legal convictions and suspicious money laundering transactions are linked to these networks. This unique approach overcomes the scarcity of large empirical datasets in criminological research, offering valuable insights into criminal network behavior and dynamics. Understanding how criminal networks adapt to anti-money laundering policies aids regulatory authorities in designing more effective and efficient measures while also enhancing the tools available to enforcement authorities for detection and investigation.

Originality/value

AML policies are often criticized for their high costs relative to the perceived benefits. This paper's method avoids dark number estimations and relies on high-quality administrative data. The theoretical contribution includes an examination of specialization, competition and collaboration within criminal networks. The empirical aspect uses a unique dataset and emerges as a methodology for evaluating the effects of AML policy measures using temporal cluster analysis.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 16 May 2024

Corina Fehlner

This chapter analyzes the efficiency levels of a circular economy (CE) with an emphasis on transaction costs. It examines the governance aspect of CE activities in comparison to…

Abstract

This chapter analyzes the efficiency levels of a circular economy (CE) with an emphasis on transaction costs. It examines the governance aspect of CE activities in comparison to the predominant linear value creation. Extant CE research in business studies tends to be descriptive and lacks a theoretical foundation, particularly in understanding CE management. Transaction cost theory explains efficiency in economic organizing, lending itself to the study of arrangements that maximize resource efficiency at continued economic virtue. The conceptualization proposes that CE transaction costs are greater than those within the linear economy (LE), primarily due to the uncertainties about reciprocal dependencies, looping material complexities, exchanging novel information, and increased contracting efforts. Geographically bounded and institutionally homogeneous CE initiatives may curb these rising costs. By bringing efficiency concerns into CE analysis, the chapter demonstrates the applicability of transaction cost theory and highlights CE relevance to international business by pointing out spatial choice implications.

Details

Walking the Talk? MNEs Transitioning Towards a Sustainable World
Type: Book
ISBN: 978-1-83549-117-1

Keywords

Article
Publication date: 1 February 2024

Deen Kemsley and Sean A. Kemsley

This paper aims to determine whether tax evasion savings qualify as unlawful proceeds for money laundering purposes. Litigators, regulators and academics have debated the question…

Abstract

Purpose

This paper aims to determine whether tax evasion savings qualify as unlawful proceeds for money laundering purposes. Litigators, regulators and academics have debated the question for decades. A common argument is that tax evasion allows a bad actor to save money that the perpetrator already has on hand. It does not produce a new inflow of wealth that could properly be classified as proceeds. This paper addresses the validity of this argument by using a substance-based approach.

Design/methodology/approach

This paper applies the substance-over-form principle and two specialized judicial doctrines to the matter: the economic-substance and step-transaction doctrines.

Findings

This paper finds that in substance, tax evasion savings qualify as unlawful proceeds. The opposing argument may be valid on the surface, but it does not withstand the scrutiny of the substance-based principle and insights from the doctrines.

Practical implications

The finding of this paper implies that any courts which value substance can embrace tax evasion savings as unlawful proceeds. Government prosecutors can adopt the position with confidence that substance backs them up. National regulators can push the point. The United Nations’ Financial Action Task Force can consider the option to more explicitly recommend treating tax evasion savings as unlawful proceeds for money laundering.

Originality/value

Using a unique substance-based approach, this paper demonstrates that a dollar of tax evasion savings is substantively equivalent to a dollar of unlawful tax refund proceeds for money laundering purposes. Focusing on an unlawful tax refund overcomes many of the common concerns raised against the treatment of tax evasion savings as unlawful proceeds.

Details

Journal of Money Laundering Control, vol. 27 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 4 June 2024

Abhishek Kumar, Saroj Kumar Mishra and Akanksha Saini

The increasing prevalence of mobile phones and the ease of cheaper Internet access have accelerated the growth of mobile-based payments in India. The study aims to identify…

Abstract

Purpose

The increasing prevalence of mobile phones and the ease of cheaper Internet access have accelerated the growth of mobile-based payments in India. The study aims to identify must-have and should-have factors affecting consumers’ usage intention toward “Near-Field Communication (NFC)” based mobile payments.

Design/methodology/approach

The research integrates diffusion innovation theory and the technology acceptance model. Employing a mixed-methods approach, combining partial least square structural equation modeling and Necessary Condition Analysis (NCA). Thus, the study draws from qualitative interviews and a quantitative survey of 218 respondents.

Findings

The study results indicate that the relative advantage of NFC-based mobile payments over conventional payment modes and security concerns directly affect the intention to use it. However, complexity, transaction speed and ease of use do not affect the intention to use. Moreover, perceived usefulness mediates the relationship between complexity, relative advantage and transaction speed with the intention to use NFC-based mobile payments. Less complexity and ease of use, despite being insignificant determinants as per PLS-SEM, must be focused on as the NCA results indicate its necessity for future market growth.

Originality/value

This research addresses a significant gap by focusing on Indian consumers' intention to use NFC-based mobile payments, an area largely unexplored despite the global and availability of such services. The study distinguishes itself by examining factors influencing adoption within the nascent stage of mobile-based NFC payments in India, where digital growth and technology uptake are gradually unfolding.

Details

Journal of Advances in Management Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0972-7981

Keywords

Article
Publication date: 3 June 2024

Laurens Vandercruysse, Michaël Dooms and Caroline Buts

This paper examines data protection related ex ante transaction costs borne by the private sector in the context of smart city service (SCS) public tendering in the European Union…

Abstract

Purpose

This paper examines data protection related ex ante transaction costs borne by the private sector in the context of smart city service (SCS) public tendering in the European Union after the introduction of the General Data Protection Regulation. This study aims to establish the determinants of ex ante transaction costs related to data protection as well as to determine their relevance toward (tender) competition.

Design/methodology/approach

A statistical analysis of a survey sample of 72 SCS tender bids.

Findings

The potential of relationship management to foster more private sector investment in data protection for SCSs is established, i.e. stronger ties between parties lead to higher private sector investment. Furthermore, it is found that investing more in data protection can further boost both internal capabilities and the organizational reputation of tendering organizations. Finally, the analysis exposes a potential problem concerning the market for data protection originating from the dominant approach concerning SCS tender bid evaluation.

Research limitations/implications

SCS tender bid evaluation is not perceived by the evaluated companies as having data protection as a (core) component. As a consequence, there is no strong competition in that specific area. To induce the private sector to structurally develop SCSs that can be expected to safeguard the fundamental rights of citizens, a more thorough evaluation of data protection aspects of bids imposes itself. Such an overhaul is likely to demand additional public sector resources and expertise.

Originality/value

This paper constitutes an early investigation into data protection related ex ante transaction costs borne by private sector actors. Incentives for data protection investment in the context of public procurement procedures are discussed.

Details

Digital Policy, Regulation and Governance, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2398-5038

Keywords

Article
Publication date: 16 May 2024

Mouna Zrigui, Imen Khanchel and Naima Lassoued

From a target perspective, this paper aims to examine the impact of environmental, social and governance (ESG) performance on mergers and acquisitions (M&A) transaction valuations…

Abstract

Purpose

From a target perspective, this paper aims to examine the impact of environmental, social and governance (ESG) performance on mergers and acquisitions (M&A) transaction valuations.

Design/methodology/approach

This paper uses a sample of 629 international transactions conducted between 2002 and 2020. Ordinary least squares (OLS) regression was applied by using ESG aggregate score and the three ESG pillars: environment, social and governance.

Findings

This paper finds that the ESG performance of targets has a negative and significant impact on acquisition premiums. However, this paper finds that targets receive lower premiums by increasing their ESG score, suggesting that targets would do better to focus on ESG to increase shareholder wealth. Thus, results of this paper support the view that ESG-focused firms create shareholder value through the M&A process. Furthermore, results of this paper indicate that environmental and social aspects of ESG drive the acquisition premium. The governance score does not seem to be related to acquisition premiums.

Originality/value

To the best of the authors’ knowledge, this study is the first study to assess whether ESG performance impacts the valuation of M&A transactions by decomposing ESG into its three components.

Details

Review of International Business and Strategy, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2059-6014

Keywords

Article
Publication date: 15 May 2024

Mohammad Omar Mohammad Alhejaili

This study aims to investigate the integration of smart contracts into the legal framework of Saudi Arabia, spotlighting the pivotal role of blockchain technology in…

Abstract

Purpose

This study aims to investigate the integration of smart contracts into the legal framework of Saudi Arabia, spotlighting the pivotal role of blockchain technology in revolutionizing contractual processes. It evaluates the capacity of smart contracts to enhance the efficiency, security and transparency of legal transactions, while critically examining the legal challenges their adoption presents.

Design/methodology/approach

Through qualitative analysis, this research explores the operational dynamics of smart contracts, with a focus on their autonomous execution and the digital codification of contractual terms. It scrutinizes the alignment of smart contracts with the Saudi legal system, concentrating on pivotal issues such as the establishment of mutual consent, the verification of contracting parties’ capacity and adherence to conventional legal doctrines.

Findings

This study uncovers the transformative potential of smart contracts in redefining the execution of contracts, highlighting their advantages in streamlining transactions and enhancing contractual reliability. However, it also identifies significant obstacles in the path of their full integration into Saudi Arabia’s legal landscape, notably the challenge of reconciling smart contracts’ technology-driven operations with established legal norms and rectifying potential legal inconsistencies.

Originality/value

Offering fresh perspectives on the confluence of technology and law, this paper illuminates the complex task of implementing smart contracts within a legal framework that is in the process of adapting to digital innovation. It advocates for a sophisticated strategy of regulatory adjustment that promotes the legal system's evolution alongside technological progress, ensuring the effective and legally sound utilization of smart contracts.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Abstract

Details

Sustainable Innovation Reporting and Emerging Technologies
Type: Book
ISBN: 978-1-83797-740-6

Article
Publication date: 4 June 2024

Guilherme Paulo Andrade, Júlio César Andrade de Abreu and Ruan Carlos dos Santos

This paper aims to explore the impacts of a blockchain network implementation to support purchasing processes of a Brazilian public organization.

Abstract

Purpose

This paper aims to explore the impacts of a blockchain network implementation to support purchasing processes of a Brazilian public organization.

Design/methodology/approach

The Grumbach method was used to build the scenarios. Five experts with knowledge in blockchain and experience in public procurement were consulted on 20 possible preliminary events, defining their probability of occurrence and relevance. The data obtained were processed in Puma software, which returned a selection of ten definitive events, based on probability, relevance and standard deviation indicators, generating a map of prospective scenarios.

Findings

Three following scenarios are shown, the ideal scenario, the one with greater implantation benefits and fewer complications; the trend scenario, more likely to occur under current conditions; and the most likely scenario of occurrence, according to experts. The results indicated which simulated events are drivers (motives), and which are influenced (dependent). They were categorized as opportunities or threats to the deployment of the technology.

Research limitations/implications

Although public procurement processes are standardized by Brazilian legislation, new events may arise from the replication of the model in different organizations. The research revealed the need for practical testing in a simulated public procurement environment.

Originality/value

The article explores the interaction between disruptive network technology and processes linked to public sector efficiency. Studies on electronic government point to the future of public management.

Details

International Journal of Organizational Analysis, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1934-8835

Keywords

Article
Publication date: 27 May 2024

King Carl Tornam Duho, Emmanuel Tetteh Asare, Abraham Glover and Divine Mensah Duho

This study aims to examine the prevalence of transfer pricing and earnings management activities, and how they are impacted by corporate governance mechanisms.

Abstract

Purpose

This study aims to examine the prevalence of transfer pricing and earnings management activities, and how they are impacted by corporate governance mechanisms.

Design/methodology/approach

Using the political cost theory, the study provides insights into how opportunistic managerial behaviours which have a strong link to profit shifting and tax evasion are driven by corporate governance using data from 16 listed firms for the period 2008–2020.

Findings

The results reveal that the transaction-based transfer pricing model is better than the index-based model and the accrual-based earnings management model suits the political cost theory more than the real earnings management metric. Board size and female CEO increase transfer pricing aggressiveness but board independence, CEO tenure, CEO nationality and female Board Chairwomanship reduce transfer pricing aggressiveness. The findings also reveal the role of multinational enterprise status, private ownership, industry type, firm size, financial leverage, asset tangibility and firm age. For accrual-based earnings management, board independence, CEO tenure, and female Board Chairwomanship significantly decrease earnings management. Other factors include private ownership, firm size, and firm age.

Practical implications

The findings of the study are relevant for shaping industry-level policies on earning management, transfer pricing and related-party transactions. Since these opportunistic managerial behaviours are the foremost drivers of tax avoidance and profit shifting, the findings of this study provide relevant insights for practitioners, tax and other regulatory authorities, policymakers and the academic community alike.

Originality/value

This is among the premier studies on the transfer pricing and earnings management nexus with corporate governance factors using the political cost theory, especially in the developing country context. It also reveals the significant impact of gender and suggests the need for gender diversity in corporate management.

Details

Corporate Governance: The International Journal of Business in Society, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1472-0701

Keywords

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