A legal analysis on money laundering in the football industries of the United States of America, England and Malaysia

This study is a legal analysis on money laundering activities in the football industries of the United States of America, England and Malaysia. Firstly, the problems that surfaced were that there is no up to date information on the current levels of money laundering instances in the targeted football industries. Secondly, there are no specific provisions in the general Anti-Money Laundering Laws and Football Regulations governing money laundering in the targeted football industries. Thirdly, the enforcement mechanisms regulating the football industry appear ineffective as the targeted football industries have been somewhat spared from any money laundering prosecutions. This study examined the prevalence of money laundering, determined the effectiveness of the general Anti-Money Laundering Laws and Football Regulations and the accompanying enforcement mechanisms in the targeted football industries. Money laundering typologies and case studies from Football Clubs were highlighted and analyzed. All relevant Conventions, Treaties, Anti-Money Laundering Laws, Football Regulations, the Financial Action Task Force (FATF) 40 +9 Recommendations and the latest FATF 2012 Recommendations have been thoroughly examined. Relevant reports by various organizations were inspected and apt conclusions were highlighted. Interviews with money laundering experts were also conducted to supplement the general findings. It was found that money laundering is prevalent in the targeted football industries, the general Anti- Money Laundering Laws and Football Regulations as well as the enforcement mechanisms are ineffective in regulating money laundering activities in the targeted football industries. It has been recommended that various types of reforms be implemented by the authorities of the United States of America, England and Malaysia to curtail money laundering activities in their respective football industries. Such recommendations include the adoption of the Indian Cricket Anti-Corruption Code, adopting certain provisions from The Argentina Money Laundering Regulations regulating the football industry of Argentina and to strengthen enforcement mechanisms on online betting. All the Research Questions were successfully answered and all the objectives set at the beginning of the research have been met

Are computerised profiling tools effective in support of AML procedures as required by MLROs and compliance officers in a banking sector context? An inquiry into determining effectiveness despite ambiguity.

This dissertation aims to contribute to the emerging field of automated behavioural profiling tools/technology (AMLPT) as applied to anti-money laundering (AML) and fraud detection. We research the effectiveness of the use of profiling technology within the context of compliance Organisations located in large and mediumsized retail and commercial banks within the City of London. The phenomena of profiling and money laundering are quite complex. Subsequently, their study encompasses several academic disciplines: language use, artificial intelligence, categorisation, and the managerial domains of organisational behaviour, networking, and innovation. Using an interpretivist approach, we examine the AMLPT artefact's effectiveness through the use of Rogers' Diffusion of Innovation (Dol) theory, utilising a pluralist methodology that encompasses two case studies for contextual understanding of the domain and survey-based field work. In furthering our understanding of innovation within organisations, we utilise Organisational Effectiveness (OE) theory to provide an analytical framework for the fieldwork and measurement methodology. The proliferation of AMLPT raises a variety of issues arguably more important than market share and technical functionality, particularly such issues as data privacy and the potential for the egregious use of personal or proprietary information (Schwartau 1994; Jennings and Fena 2000; Lyon 2003). Furthermore, what was once perceived as "normal" identity management, data security and data privacy practice may no longer be acceptable in the application of next generation AMLPT in risk-aversive, highly sensitive global financial contexts. Moreover, are the cost and Organisational demands inherent in deploying AMLPT proportionate to the desired result (Bisantz and Ockerman 2002; Vavpotic and Bajec 2009). In understanding the effectiveness of AMLPT, we look beyond the traditional methods of information systems evaluation, and draw on other IS reference disciplines such as IS success and user competence, along with a variety of Organisational effectiveness measures, and their applicability in further defining effectiveness through measures of innovativeness. Critically, we look to examine innovation in an Organisational context, rather than the more traditional domain of individual innovation, the core construct of Rogers' original (1962) work on diffusion

The legal regime for anti-cyberlaundering

Doctor Legum - LLDAlong with its inumerable wonders, the advent of the internet has brought with it very bad vices. The notion of convenience, which comes with the use of the internet, can be attributed to criminals who wish to disguise the proceeds of their ill-derived funds, or what is better known as cyberlaundering. Cyberlaundering is a phenomenon that seems negligible on face value, but, to the contrary, has very dire effects, especially on national economies, which are in no way trifling.This study describes the problem of cyberlaundering, pointing out the various legal issues pertaining to it. Given that cyberlaundering is a comparatively new crime, which is not yet conceptualized legally, criminal justice authorities find it hard to detect, investigate and prosecute cyberlaundering. An adequate legal regime against cyberlaundering is currently non-existent, as there is presently no concise international or national legal framework in place to contain the problem. Whilst the chief focus of the thesis is to devise a legal framework to combat cyberlaundering, considerable attention is also devoted to the tension that arises between public and private interests, amongst several other legal issues that come to play along the way. This is a debate that necessarily arises when legislatures resort to more radical anti-cyberlaundering laws. The study advocates a middle ground, which leads to the desired end of curbing the exponential growth of cyberlaundering, at the very least

Connecting the Dots. Intelligence and Law Enforcement since 9/11

This work examines how the conceptualization of knowledge as both problem and solution reconfigured intelligence and law enforcement after 9/11. The idea was that more information should be collected, and better analyzed. If the intelligence that resulted was shared, then terrorists could be identified, their acts predicted, and ultimately prevented. Law enforcement entered into this scenario in the United States, and internationally. “Policing terrorism” refers to the engagement of state and local law enforcement in intelligence, as well as approaching terrorism as a legal crime, in addition to or as opposed to an act of war. Two venues are explored: fusion centers in the United States and the international organization of police, Interpol. The configuration can be thought of schematically as operating through the set of law, discipline and security. Intelligence is predominantly a security approach. It modulates that within its purview, wielding the techniques and technologies that are here discussed. The dissertation is divided into two sections: Intelligence and Policing Terrorism. In the first, intelligence is taken up as a term, and its changes in referent and concept are examined. The Preface and Chapter One present a general introduction to the contemporary situation and intelligence, via Sherman Kent, as knowledge, organization and activities. Chapter Two traces the development of intelligence in the United States as a craft and profession. Chapter Three discusses some of the issues involving the intersection of intelligence and policy, and how those manifested in the aftermath of 9/11 and the lead up to the 2003 invasion of Iraq. The second section examines the turn to policing terrorism, beginning, in Chapter Four, with how Interpol has dealt with bioterrorism, and an examination of the shifting conceptualization of biological threats in international law. Moving from threats to their consequences, Chapter Five takes up the concept of an event in order to analyze the common comparison of Pearl Harbor and 9/11. Chapters Six and Seven turn to fieldwork done in the United States, with an examination of the suspicious activity reporting system and law enforcement’s inclusion in the Information Sharing Environment, focusing on fusion centers and data mining

Automated Digital Forensics and Computer Crime Profiling

Edited version embargoed until 01.12.2017 Full version: Access restricted permanently due to 3rd party copyright restrictions. Restriction set on 08.12.2016 by SC, Graduate SchoolOver the past two decades, technology has developed tremendously, at an almost exponential rate. While this development has served the nation in numerous different positive ways, negatives have also emerged. One such negative is that of computer crime. This criminality has even grown so fast as to leave current digital forensic tools lagging behind in terms of development, and capabilities to manage such increasing and sophisticated types of crime. In essence the time taken to analyse a case is huge and increasing, and cases are not fully or properly investigated. This results in an ever-increasing number of pending and unsolved cases pertaining to computer crime. Digital forensics has become an essential tool in the fight against computer crime, providing both procedures and tools for the acquisition, examination and analysis of digital evidence. However, the use of technology is expanding at an ever-increasing rate, with the number of devices a single user might engage with increasing from a single device to 3 or more, the data capacity of those devices reaching far into the Terabytes, and the nature of the underlying technology evolving (for example, the use of cloud services). This results in an incredible challenge for forensic examiners to process and analyse cases in an efficient and effective manner. This thesis focuses upon the examination and analysis phases of the investigative process and considers whether automation of the process is possible. The investigation begins with researching the current state of the art, and illustrates a wide range of challenges that are facing the digital forensics investigators when analysing a case. Supported by a survey of forensic researchers and practitioners, key challenges were identified and prioritised. It was found that 95% of participants believed that the number of forensic investigations would increase in the coming times, with 75% of participants believing that the time consumed in such cases would increase. With regards to the digital forensic sophistication, 95% of the participants expected a rise in the complexity level and sophistication of digital forensics. To this end, an automated intelligent system that could be used to reduce the investigator’s time and cognitive load was found to be a promising solution. A series of experiments are devised around the use of Self-Organising Maps (SOMs) – a technique well known for unsupervised clustering of objects. The analysis is performed on a range of file system and application-level objects (e.g. email, internet activity) across four forensic cases. Experiment evaluations revealed SOMs are able to successfully cluster forensic artefacts from the remaining files. Having established SOMs are capable of clustering wanted artefacts from the case, a novel algorithm referred to as the Automated Evidence Profiler (AEP), is proposed to encapsulate the process and provide further refinement of the artefact identification process. The algorithm led to achieving identification rates in examined cases of 100% in two cases and 94% in a third. A novel architecture is proposed to support the algorithm in an operational capacity – considering standard forensic techniques such as hashing for known files, file signature analysis, application-level analysis. This provides a mechanism that is capable of utilising the A E P with several other components that are able to filter, prioritise and visualise artefacts of interest to investigator. The approach, known as Automated Forensic Examiner (AFE), is capable of identifying potential evidence in a more efficient and effective manner. The approach was evaluated by a number of experts in the field, and it was unanimously agreed that the chosen research problem was one with great validity. Further to this, the experts all showed support for the Automated Forensic Examiner based on the results of cases analysed

Convincing Canberra: How foreign states seek to achieve their foreign policy objectives with the Australian Government

This thesis shows how United States, Israel and Indonesia seek to influence Australian foreign policy by various forms of lobbying. The research indicates this is achieved in large measure through encouraging sympathetic identification, status and financial inducements directed to an Australian power clique. These processes are assisted by indicators of \u27deep state\u27 activity and a degree of inattention to politics by segments of Australian society. The study proposes different models of deep states depending on the degree of global power

The Internal Audit Function as a Corporate Governance Mechanism in a Developing Economy: An Empirical Study of the Nigerian Financial Sector

This study investigates the contributory power of the Internal Audit Function (IAF) as one of the four mechanisms of Corporate Governance. The primary aim of the research is to examine the capacity of the IAF to fulfil its contributory role as one of the four cornerstones of CG particularly in the financial sector (FS) of a developing country-Nigeria. Four research questions were put forward. First, what is the level of independence of the IAFs in the Nigerian financial sector (NFS), Second, To what extent are the IAFs in the NFS performing their roles in conformity with the Institute of Internal Auditors (IIA)’s standards?, Third, how objective are the internal auditors in the Nigeria Financial Sector (NFS)?, and finally, to what extent are internal auditors in the NFS competent in fulfilling their expected roles? To provide some answers to the research questions, the study made use of triangulation of both quantitative and qualitative primary data gathered from both questionnaire survey on 88 respondents (internal auditors) from firms in the NFS, through purposive sampling method. Four hypotheses formulated for the study were tested using both binary logistic regression analysis (BLRA) and thematic analysis on the collected data, with the aid of a conflation of 3 theories (Agency, Transaction Cost Economy and Institutional theory-‘’ATI’’). Overall, the study provided strong evidence to indicate that the IAFs of the NFS cannot be said to be totally independent of management. The study also established that the auditing methodology of the IAFs of the NFS is not in tune with the new order of internal audit practice (i.e. IIA’s standards). Likewise, the internal auditors in the NFS were not found to objective and proficient. Areas requiring improvement include the manner of appointment and dismissal of CAEs, irregularity of audit committee meeting attendance by the CAEs, insufficiency of training for the IAs as well as their low membership with the Institute of Internal Auditors (IIA). The originality of the study and its key contribution to the body of knowledge reside in the evolution of the expansive theoretical framework (‘’ATI’’), and the development of four different models applied to investigate the IAF’s contributory power in CG

Organizing crime in the margins: the enterprises and people of the American drug trade

This thesis studies the markets, organizations, and people involved in the American drug trade in three sites: El Paso, Phoenix, and Chicago. The multisited analysis explores the relationships that exist within each site and provides an overview of how the drug trade differs in various contexts. This study illustrates that, contrary to the rhetoric of politicians and law enforcement actors over the past decade, there is not a vast, singular criminal conspiracy that organizes the drug trade with the intent of taking over cities in the U.S. Instead, there exists a flexible network of actors that operates largely in the margins of society. These actors participate in the network for various lengths of time and supply the ongoing demand for illicit drugs and/or the protection required for such activities in various U.S. markets. These participants include street and prison gangs, transportation organizations, and other groups and individuals, who often work as subcontractors, for employers they may not know, accepting risky tasks for what they may view as a lucrative opportunity. Moreover, this study shows that settings are important in determining how actors in the drug trade behave. This study demonstrates that when the state can effectively respond to violent acts, the criminal entrepreneurs seek to minimize publicly visible acts of violence, thus shifting acts of violence from the street to places out of public view or to prisons or jails. Ultimately, context must be taken into account if policy which seeks to reduce the harms of the drug trade in terms of unwanted usage and violence are to be effectively operationalized