Compliance has long been identified by scholars of white-collar crime as a key strategic control device in the regulation of corporations and complex organisations. Nevertheless, this essential process has been largely ignored within criminology as a specific subject for close scrutiny –Corporate Compliance: Crime, Convenience and Controlseeks to address this anomaly. This initiating book applies the theory of convenience to provide criminological insight into the enduring self-regulatory phenomenon of corporate compliance. Convenience theory suggests that compliance is challenged when the corporation has a strong financial motive for illegitimate profits, ample organisational opportunities to commit and conceal wrongdoing, and executive willingness for deviant behaviour. Focusing on white-collar deviance and crime within corporations, the book argues that lack of compliance is recurrently a matter of deviant behaviour by senior executives within organisations who abuse their privileged positions to commission, commit and conceal financial crime.
Author(s): Petter Gottschalk, Christopher Hamerton
Publisher: Palgrave Macmillan
Year: 2022
Language: English
Pages: 377
City: Cham
Contents
List of Figures
List of Tables
1 Introduction
References
2 Corporation Conformity and Compliance
Research Perspectives on Compliance
Legalistic and Formalistic Approaches
Compliance Audits and Risk Assessment
Fraud Examinations of Compliance Failures
Maturity Model for Corporate Compliance
References
3 The Theory of Convenience and Compliance
Individual Convenience Orientations
Financial Motive for Executive Deviance
Organizational Opportunity for Deviance
Personal Willingness for Deviant Behavior
Disturbing Offender Crime Convenience
Traditional Criminological Perspectives
References
4 Lack of Compliance from Convenience
Astellas Cultural and Compliance Failings
Danske Bank Money Laundering in Estonia
Fuji Xerox Customer Fraud in New Zealand
Nordea Bank Tax Evasion in Luxembourg
Swedbank Money Laundering in Lithuania
Telenor in Vimpelcom Uzbekistan Corruption
References
5 Barriers to Corporate Compliance
The Complexity of Rules and Regulations
Deficiencies in Compliance Functions
Deterioration by Social Disorganization
Heroic Status of the Chief Executive
Inter-Bank Cooperation Challenges
References
6 Roles of Compliance Officers
Statements by Compliance Violators
Survey of Officers in the United States
The Yara Corruption Scandal in Libya
References
7 Restoration of Compliance and Control
The Trust Repair at Siemens in Germany
Financial Crime Specialists in Compliance
References
8 Crime Signal Detection Perspectives
White-Collar Crime Characteristics
Organizational Crime Detection Functions
Crime Detection by Whistleblowing
Empirical Crime Signal Detections
Characteristics of Crime Signal Detection
From Crime Convenience to Detection
Case Study of Betanien Foundation
References
9 Change Management for Corporate Recovery
Organizational Reconstruction Approaches
Recommendations by Fraud Examiners
Preventive Measures in the Literature
Detective Measures in the Literature
Corporate Case Study of Siemens
References
10 Change Measures for Corporate Control
Recommendations in the Literature
Investigations by Fraud Examiners
Four Change Management Themes
Reduction in Crime Convenience
References
11 Strategies for Wrongdoing Investigation
Investigative Fraud Examination
Investigation Knowledge Strategy
Information Sources Strategy
Value Shop Configuration Strategy
Computer Systems Strategy
Crime Investigation Principles
Initiation Guidelines
Principle 1: Required Competence
Principle 2: Certified Competence
Principle 3: Relevant Mandate
Process Guidelines
Principle 1: Investigation Transparency
Principle 2: Verified Information
Principle 3: Open Contradiction
Principle 4: Integrity and Accountability
Principle 5: Investigation not Conviction
Principle 6: Job Completion
Principle 7: Police Support
Principle 8: Three-Stage Process
Principle 9: Investigation not Conclusion
Principle 10: Conclusion not Investigation
Outcome Guidelines
Principle 1: Readable Report
Principle 2: Convincing Conclusions
Principle 3: No Attorney–Client Privilege
Principle 4: Beyond Any Reasonable Doubt
Consequence Guidelines
Principle 1: Police Reporting
Principle 2: Victim Compensation
Investigation Maturity Levels
Case Study of Gartnerhallen
References
12 Profiling of Potential Offenders
Structural Model of Convenience
Profiling Offender Motive
Profiling Offender Opportunity
Profiling Personal Willingness
References
Conclusion
Appendices
Bibliography
Index
