White Collar Crime. A Comparative Perspective

Book published by Hart Publishing (2018)

White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured ... [more ▼]

White collar crime has expanded significantly over the course of the past two decades. Yet, not only as the amount of national and international legislation in the field grown, but it has also endured changes driving it away from the classic criminal law. These trends have been reflected in changes to national legislation, not infrequently prompted by supranational law, for example, in the financial or the environmental sector. New punishing regimes have emerged, such as UN blacklisting, smart sanctions, civil asset forfeiture, financial supervisory powers, compliance law, and anti-money laundering laws. Furthermore, the role of administrative sanctioning law has been growing as well as the role of private actors in the enforcement of punitive sanctions. The aim of this volume is to examine how various national criminal justice systems across Europe deal with the aforementioned challenges. In the first part, it takes a closer look at the following national systems: France, Germany, Poland and Sweden. Furthermore, it compares the European approach with the American one as a source of inspiration for unresolved difficulties and future developments. Further still, the authors explore those challenging issues regarding the field of economic and financial crime, including the Senior Managers Regime, corporate criminal liability, and whistle-blowers' protection. Timely and pertinent, this is an important new work in a fast-moving field. [less ▲]

Fundamental rights protection between Strasbourg and Luxembourg: Extending Transnational ne bis in idem Across Administrative and Criminal Procedures

in Ligeti, Katalin; Robinson, Gavin; ELI (European Law Institute) (Eds.) Preventing and Resolving Conflicts of Jurisdiction in EU Criminal Law (2018)

This chapter analyses the conceptual roots of extended ne bis in idem protection and, in particular, how the concept of ‘criminal charge’ developed by the ECtHR impacts the interpretative outcomes of the ... [more ▼]

This chapter analyses the conceptual roots of extended ne bis in idem protection and, in particular, how the concept of ‘criminal charge’ developed by the ECtHR impacts the interpretative outcomes of the CJEU and the ECtHR respectively. The chapter will then present the specific case law of the two Courts on extended ne bis in idem, including the latest developments, and will offer an assessment of the consequences of this jurisprudence for transnational cases in the Area of Freedom, Security and Justice (AFSJ). In particular, the transnational application of extended ne bis in idem requires a reconceptualisation and rethinking of the legal framework for preventing and resolving conflicts of criminal jurisdiction in the AFSJ. [less ▲]

Challenges and Trends in Enforcing Economic and Financial Crime: Criminal Law and Alternatives in Europe and the US

in Ligeti, Katalin; Tosza, Stanislaw (Eds.) White Collar Crime. A Comparative Perspective (2018)

This chapter by Katalin Ligeti and Stanislaw Tosza provides a synthesis of the main findings of the book edited by the two authors (White Collar Crime. A Comparative Perspective, Hart Publishing, 2018 ... [more ▼]

This chapter by Katalin Ligeti and Stanislaw Tosza provides a synthesis of the main findings of the book edited by the two authors (White Collar Crime. A Comparative Perspective, Hart Publishing, 2018). The chapter first presents the challenges in investigating and prosecuting economic and financial crime (section II). The analysis of four national systems (France, Poland, Sweden, and the US) complemented by the information provided in the transversal chapters led to the identification of four major tendencies in the field in response to these challenges (section III): the swinging of enforcement strategies between prosecuting individuals or/and corporations (section III.A); the extension of punitive sanctions and the use of compliance programmes as punishment (section III.B); the extensive use of alternatives to criminal proceedings (section III.C); and the increased role of private actors in controlling economic and financial crime (section III.D). In section 4, these responses are scrutinised from the perspective of the human rights regime. [less ▲]

The Protection of the Procedural Rights of Persons Concerned by OLAF Administrative Investigations and the Admissibility of OLAF Final Reports as Criminal Evidence

Report (2017)

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards ... [more ▼]

This paper provides an analysis of two crucial and interconnected aspects of the current legal framework on the investigations conducted by the European Anti-Fraud Office (OLAF): the procedural safeguards for the individuals subject to the administrative investigations conducted by OLAF and the admissibility in evidence of OLAF Final Reports in national criminal proceedings. The state of the art and its shortcomings are analysed in the double perspective of the coherent protection of the EU’s financial interests and of the respect of fundamental rights provided by the EU Charter of Fundamental Rights. [less ▲]

Transversal Report on Judicial Protection

in Luchtman, Michiel; Vervaele, John (Eds.) Investigatory powers and procedural safeguards: Improving OLAF’s legislative framework through a comparison with other EU law enforcement authorities (ECN/ESMA/ECB) (2017)

Challenges in the field of economic and financial crime in Europe and the US

Book published by Hart Publishing (2017)

Asset Recovery in the EU:Towards a Comprehensive Enforcement Model beyond Confiscation? An Introduction

in Ligeti, Katalin; Simonato, Michele (Eds.) Chasing Criminal Money. Challenges and Perspectives on Asset Recovery in the EU (2017)

The European Public Prosecutor’s Office

in Mitsilegas, Valsamis; Bergström, Maria; Konstadinides, Theodore (Eds.) Research Handbook on EU Criminal Law (2016)

Smart Enforcement Strategies to Counter Environmental Crime in the EU

in Revue Internationale de Droit Pénal (2016)

Länderbericht Großherzogtum Luxemburg

in Ambos, Kai; König, Stefan; Rackow, Peter (Eds.) Rechtshilferecht in Strafsachen (2015)