Considerations on the Economic and Financial Crime Investigation Phenomenon Peculiar to European Judicial Scope

By Bocaniala, Tache; Rusu, Ion et al. | Contemporary Readings in Law and Social Justice, January 1, 2012 | Go to article overview

Considerations on the Economic and Financial Crime Investigation Phenomenon Peculiar to European Judicial Scope


Bocaniala, Tache, Rusu, Ion, Coman, Varvara Licuta, Costache, Mirela Paula, Dorin, Matei, Contemporary Readings in Law and Social Justice


ABSTRACT.

The recent economic and financial crisis, with little chance of being exceeded in short term, has grown the economic and financial crime phenomenon, exceeding the national authorities due to super state institutions, structures and computerization on a large scale; the wide range of offenses, such as EU subsidies fraud, cross-border smuggling, laundering black money, computer crimes, etc. impose countermeasures going from prevention to their coercion in ways to reduce or even stop the phenomenon, which seems to be always one step ahead of the law. Accomplishing preliminary acts of criminal prosecution, investigation methods, evidence, preventive and protective measures must take the economic and financial phenomenon of crime at higher levels.

Keywords: coercion, crime, investigation, methodology, prevention, scope

1. Introduction

The economic and financial crime specific for the beginning of the third millennium is characterized by accelerated globalization and unprecedented dynamism, especially of large-scale fraud performed by specialists. Amid an evolving economic and financial crisis, which started in 2008 in the U.S., has not spared Europe, mainly affecting a series of banks and the economies of most countries, the modern organized crime tends to grow continuously, as they engage in all forms of economic-financial, legal or illegal activities, the essential condition being that they have to be profitable, providing the possibility of bringing into the legal system channel the obtained funds and getting the grouping influence and power to a higher level, using any means, especially corruption.

According to the studies conducted in the United States of America, it was listed the organized crime in business matters among the threats to national security. The report presented by Louis Freeh, director of the FBI in October 1997, at the U.S. Congress, highlighted the fact that criminal organizations are particularly dangerous because it involves computer science, encryption technique and the use of money laundering structure for recycling hundreds of million dollars. In his opinion, the organized crime groups operating in the U.S. come from Russia, Central and Eastern Europe, Asia, Africa and other parts of the world (Conseil de G Europe, Doc. 7971/ 22.12.1997, Criminalité des affaires: une menace pour G Europe/ The European Council, Doc.797 1/12.22. 1997, Economic Crime: a Threat to Europe). Also, in the Report of Canadian Security Intelligence Service (CSIS), of November 1998, the activity of transnational criminal organizations is considered a serious threat to the country's economic security by: crimes in the insurance domain bank fraud, fraud in the payment of fuel taxes, corruption, etc.

An important finding of the specialized European bodies is that the phenomenon of economic and financial crime often called the "business crime" or "white collar crime," is little known and investigated in relation to conventional crime. This fact results on one hand from the appearance of lower social risk, that is the misconception that these facts are less "dirty" than the ones specific to conventional crime, but especially from the politicization of crime control activities, which is the essential cause of the weak response to danger, a favoring condition for the development of criminal structures in the contemporary society. Business crime is perceived by the Council of Europe as a threat to Member States, which is why it has issued the Recommendation no R(81)12 of 25 June 1981, which presents the list of illegal activities confined to this type of crime: Offenses relating to cartel formation; Fraudulent practices and abuses committed by multinational companies; Fraudulent obtaining or misappropriation of funds allotted by the State or international organization; Cybercrime (e.g. data theft, violation of secrecy, manipulation of computer data); Creation of fictitious companies; The forgery of balance sheet and breach of undertaking the obligation of bookkeeping; Frauds which have consequences on commercial status and social capital; Fraud to the detriment of creditors (e. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Considerations on the Economic and Financial Crime Investigation Phenomenon Peculiar to European Judicial Scope
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.