The aim of this paper is to scrutinize the Dutch property market from the angle of crime‐inducing conditions and circumstances.
Abstract
Purpose
The aim of this paper is to scrutinize the Dutch property market from the angle of crime‐inducing conditions and circumstances.
Design/methodology/approach
The perspective adopted is in line with recent developments in the study of crime and crime prevention, which focus not so much on perpetrators, as on the opportunities they have to commit a criminal offence.
Findings
Despite the exploratory character of the analysis, it can be concluded that the real estate sector lends itself very well to an entwining of regular and irregular activities. Real estate has become booming business, attracting domestic and foreign investment. The market is closed, dominated by old boy networks, with possibilities to conceal irregularities. Regulations, law enforcement and (both formal and informal) control seem to be inadequate. Hence, it is less transparent than other markets and enables legitimate and illegitimate entrepreneurs to meet, co‐operate and share expertise and knowledge.
Practical implications
Strategies to prevent serious forms of crime in the real estate sector vary from self‐regulation and administrative measures to public and private policing. The various public and private institutions tend to stick to a primarily domestically oriented approach, whilst social research in this area is still predominantly based on national studies. The author recommends that comparative, multidisciplinary empirical research on irregularities and crime in the real estate sector in various (European) countries needs to be conducted.
Originality/value
This is one of the first attempts to apply principles of analysis of potential crime‐inducing vulnerabilities to the real estate sector.
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Chang-Ryung Han, Hans Nelen and Matthew Youngho Joo
This paper aims to explore the feature and mechanism of a new type of documentary credit fraud that victimizes banks’ issuing letters of credit (L/C), harming neither the importer…
Abstract
Purpose
This paper aims to explore the feature and mechanism of a new type of documentary credit fraud that victimizes banks’ issuing letters of credit (L/C), harming neither the importer nor the exporter and seeks to suggest possible measures to tackle it.
Design/methodology/approach
This study analyzed 30 cases of documentary credit fraud against banks that were detected by the Korea Customs Service (KCS) and interviewed three key customs investigators to interpret the case reports more accurately and gain a deeper understanding into the mechanisms governing the fraud. This study draws on routine activity theory and crime pattern theory to analyze the opportunity structures of this fraud.
Findings
This study found that the importer that engaged in the fraud cases had established a solid business relationship with the exporter and had established trust with the victimized banks; the banks, despite the fact that they had their own risk management systems to screen out unqualified L/C applicants, were defrauded by the offending importers and exporters. Unlike ordinary documentary credit fraud, fraud against banks can be tackled by customs because the offender and the victim typically operate in the same jurisdiction, and this type of fraud often results in trade-based capital flight and money laundering, which is the target of customs enforcement.
Research limitations/implications
As this paper is based on case reports of the KCS, it is inappropriate to generalize the findings or to apply the findings to other contexts. Nevertheless, the opportunity structure elaborated upon in the course of this paper may prove useful in devising measures to tackle this type of fraud elsewhere.
Originality/value
Documentary credit fraud against banks is relatively unexplored, in particular from criminological perspective. This study can contribute to a refinement of the application of opportunity perspective to white-collar crime.
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Banking industry peculiarly has become soft target for several pernicious deceptive and fraudulent activities. The purpose of this paper is to systematically review the literature…
Abstract
Purpose
Banking industry peculiarly has become soft target for several pernicious deceptive and fraudulent activities. The purpose of this paper is to systematically review the literature published in past 20 years on bank frauds and present a holistic view on causes and consequences of bank frauds and measures to curtail this menace. Towards the end the paper provides avenues for future research.
Design/methodology/approach
A systematic literature review approach is used in this study and articles are selected via pre-set inclusion criteria. The literature is mapped on the basis of databases, year of publication, country of study and journal of publication. This paper is based on 70 selected articles published in four prominent databases between 2000 and 2021.
Findings
This study reveals that frauds in banking industry have become a matter of grave concern for almost all countries across the globe, causing significant financial and non-financial damages to banks, customers, other stakeholders and economy. Numerous factors such as pressure and opportunity are responsible for fraud occurrence. This study further evinced that banking institutions inevitably should have a robust fraud risk management in place to prevent, detect and respond to defalcation.
Originality/value
To the best of the authors’ knowledge, this is the only paper among 70 selected articles which systematically reviews the literature published in past 20 years and provides a comprehensive view on all aspects related to bank frauds.
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The purpose of this paper is to examine the application of the fraud exception rule and try to analyze the different approaches in regard to the implication of fraud rule in…
Abstract
Purpose
The purpose of this paper is to examine the application of the fraud exception rule and try to analyze the different approaches in regard to the implication of fraud rule in letters of credit. Further, this paper tries to explore if there is an obstacle when applying such exception rule in common law and whether there is an overlap with interpreting the said rule. The same fact appears in civil law courts as well.
Design/methodology/approach
This paper is a comparative study which uses analytical approach and critical legal thinking.
Findings
The scope of the fraud defence, the US legal systems demonstrate that the scope of the fraud rule is extended and covers both fraud in documents and fraud in the underlying contract, while in contrast, in UK the rule’s scope is restricted to fraud in documents only. Such an approach is reasonable, as it is justified by applying the Uniform Customs and Practice for Documentary Credits (UCP) rules strictly. That is to say, English courts apply the rules literally, even if it does not lead to fair judgements, while in contrast, American courts seek to enforce justice even if it goes beyond the rules. In any case, restricting the fraud exception to fraud in the documents is the proper approach. The reason for such restriction, on the one hand, is to maintain the integrity of letters of credit and, on the other hand, to affirm the autonomy principle.
Originality/value
Extending the scope of the fraud defence will require banks to go beyond the documents, which is not logical. Banks are neither expert in such transactions nor required to do so. Most importantly, banks are concerned with documents only; it is for the court to go beyond the documents. Although this approach could be criticized, it is important to ensure that the validity of the documentary credit instrument is not compromised. As established by academics, any argument need not engage the bank unless it is in respect of the presented documents. In short, “pay now, argue later” is paramount to distinguish parties’ litigations from banks vs parties’ litigations. In any case, it can be suggested that extending the fraud rule exception to include fraud in the underlying contract from Jordan perspective is not the proper one because it is necessary to maintain the integrity of letters of credit and to affirm the autonomy principle.
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Robert Swager, Ruud Klarus, Jeroen J. G. van Merriënboer and Loek F.M. Nieuwenhuis
This paper aims to present an integrated model of workplace guidance to enhance awareness of what constitutes good guidance, to improve workplace guidance practices in vocational…
Abstract
Purpose
This paper aims to present an integrated model of workplace guidance to enhance awareness of what constitutes good guidance, to improve workplace guidance practices in vocational education and training.
Design/methodology/approach
To identify constituent aspects of workplace guidance, a systematic search of Web of Science was conducted, focussing on mentoring literature, research on institutional socialization tactics and research on didactical interventions and their effects.
Findings
The model interprets workplace learning as a relational and integrated process of participation, acquisition, guidance and social interaction. Psychosocial support, structure-providing interventions and didactical interventions are discussed as essential components of guidance. How these components are enacted is influenced by the characteristics of training firms and their employees’ readiness to provide guidance. This makes guidance an intrapersonal process. Workplace guidance is also an interpersonal process in which the agencies of employees mediate the relationship between guidance and interaction, and the agencies of trainees mediate the relationship between, on the one hand, participation and acquisition and, on the other hand, social interaction.
Originality/value
Integrated models of what constitutes good workplace guidance are rare. To fill this gap, this paper highlights constituent aspects of workplace guidance and brings them together in an integrated model. The model can help mentors/employees choose effective interventions to improve workplace learning.
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The combination of heightened emphasis on risk and its management in mental health, the precautionary principle, the idea of genetic susceptibility, advances in screening…
Abstract
The combination of heightened emphasis on risk and its management in mental health, the precautionary principle, the idea of genetic susceptibility, advances in screening technology, and the promise of preventive pharmaceutical intervention is highly potent, especially in a world in which preventive prescription of psychiatric medication has become routine. Psychiatric professionals are given the obligation of governing, and being governed, in the name of risk, and in a political and public sphere suffused by the dread of insecurity. But there are risks in seeking to govern risk in a biological age. In this paper Nikolas Rose argues that the public, politicians and professionals alike might do better to refuse the demands of risk, and learn to live with uncertainty.
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Hung-Che Wu, Xiaolian Chen and Ya-Yuan Chang
This study examines the relationship between the dimensions of fertility care quality and the dimensions of experiential relationship marketing in fertility tourism.
Abstract
Purpose
This study examines the relationship between the dimensions of fertility care quality and the dimensions of experiential relationship marketing in fertility tourism.
Design/methodology/approach
The data used in this study were based on a sample of 532 Mainland Chinese fertility tourists who received fertility care services in eight private fertility clinics in four Malaysian states, indicating that the proposed model fitted the data.
Findings
Findings show that the dimensions of fertility care quality (professional skills, patient orientation and physical comfort) and experiential value positively influence experiential satisfaction. Additionally, experiential trust is positively influenced by both experiential satisfaction and experiential value. Also, experiential commitment is positively influenced by experiential satisfaction, experiential trust and experiential value.
Practical implications
Fertility tourism service providers could focus on refining the dimensions of fertility care quality to improve experiential relationship marketing.
Originality/value
This paper provides the data that result in a better understanding of the relationship between the dimensions of fertility care quality and the dimensions of experiential relationship marketing in fertility tourism.
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The purpose of this paper is to review how patient and public involvement (PPI) can contribute to quality improvement functions and describe the levels of PPI in quality…
Abstract
Purpose
The purpose of this paper is to review how patient and public involvement (PPI) can contribute to quality improvement functions and describe the levels of PPI in quality improvement functions at hospital and departmental level in a sample of European hospitals.
Design/methodology/approach
Literature review and cross-sectional study.
Findings
PPI takes multiple forms in health care and there is not a single strategy or method that can be considered to reflect best practice. The literature reveals that PPI can serve important functions to support quality improvement efforts. In contrast, the assessment of actual PPI in quality improvement shows that PPI is low.
Research limitations/implications
Findings are not representative of hospitals in the EU.
Practical implications
A diverse set of methods and tools that can be employed to realize PPI. Service providers should consider PPI at all stages, in particular in setting quality standards and criteria and in evaluating the results.
Originality/value
Contextualization of empirical findings with case studies from the literature that inform further practice and research on PPI.
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The purpose of this paper is to analyse how novel homicide defences predicated on contemporary neuroscience align with legal insanity.
Abstract
Purpose
The purpose of this paper is to analyse how novel homicide defences predicated on contemporary neuroscience align with legal insanity.
Design/methodology/approach
Doctrinal analysis, systematic investigation of relevant statutes and cases, was used to elucidate how the law of insanity is evolving. Cases represent the first recorded instance of a particular neuroscientific defence. US appellate cases were categorised according to the mechanism of action of neurotransmitter relied upon in court. A case study approach was also used to provide a contextualised understanding of the case outcome in depth.
Findings
Findings broadly depict how the employment of expert testimony runs parallel with our contemporary understanding of key neurotransmitters and their function in human behaviour. Generally, medico-legal evidence concerning neuromodulating agents and violent behaviour was inconclusive. However, the outcome of defence strategy may depend on the underlying neurotransmitter involved.
Practical implications
This study shows that as more discoveries are made about the neurobiological underpinnings of human behaviour; this new knowledge will continue to seep into the US court system as innovative defence strategies with varying success. Medical and legal practitioners may gauge the success of a defence depending on the neuromodulating agent.
Originality/value
Many scholars have focused on the role of neuroimaging as neuroscientific evidence and how it is used is shaping US criminal jurisprudence. To the best of the author’s knowledge, no study has incorporated the true origin of neuroscientific evidence as being underpinned by the understanding of neurotransmitters.