Criminality in the Field of Banking Fraud
Abstract
The current period brought not only an accentuated globalization of markets and world economic and financial crisis, but additionally turned vulnerable the banking environment in the sense that, on the one hand, they made more difficult the access to money of the system, in search of financing funds and, on the other hand, have forced banks to harden more the loan conditions. Both categories of actors involved in the banking market - banks and customers fall prey of the financial crisis.
Consequently, in a given context, the ways to circumvent the banking provisions are ahead for those in need of funds and, relatedly, for the heads or officials of banking entities interested in obtaining undeserved earnings by granting, based on commission, certain criminal acts, bank loans without legal compliance.
Economic and financial criminality, by the extent of the damage and the number of losers, produces an obvious imbalance in society at large, with direct impact on the social climate of a country. The increase in the capital revenues resulted from extensive organized crime has led to increased need to recycle these funds, so they reached the alarming situation that the underworld leaders and operators involved in the money laundering could, in some countries of the world, control and influence important sectors of the national economy.
Fraud in the finance and banking field is particularly complex both in terms of the necessary investigations to establish the truth and administration of the rules of evidence, namely restoring the previous situation by recovering all debts. It also should be noted here that the investigative difficulty thereof, lies in the fact that, most often, a bank fraud is masked by other types of financial transactions by interposing commercial companies often of the letterbox companies, curtain or screen type, or by means of compensation payments to commercial, professional or international financial entities, which requires good cooperation with structures of banking, administrative or foreign judicial investigations, something that remains, very often an elusive goal.
Referring to fraud as a way of circumventing the bank, it is considered the amount of illegal actions and maneuvers carried out by bankers through banking entity that is directly prejudiced by clandestine transfer of some sources directly benefiting bankers or other persons.
References
[2] Berchesan, V. and Grofu, N. 2003. Investigarea criminalistică a infracţiunilor de evaziune fiscală şi bancruta frauduloasă, Little Star Publishing House, Bucharest, (in Romanian).
[3] Bran, P. 1995. Relaţii financiare şi monetare internaţionale, Economică Publishing House, Bucharest, (in Romanian).
[4] Cristis, N. 2006. Evaziunea fiscală şi spălarea banilor, Hamangiu Publishing House, Bucharest, (in Romanian).
[5] Cristof, R. and Daianu, D. 1999. Tranzitia economica in Romania - trecut, prezent si viitor, Bucharest, (in Romanian).
[6] Daianu, D. and Vranceanu, R. 2002. Romania si Uniunea Europeana, Polirom Publishing House, Bucharest, (in Romanian).
[7] Dauphin, C. 1999. Ghidul cu adevărat practic al paradisurilor fiscal, Tribuna Publishing House Group, Bucharest, (in Romanian).
[8] Florescu, V. 2006. Drept bancar şi valutar, C.H. BECK Publishing House, Bucharest, (in Romanian).
[9] Hoanta, N. 1997. Evaziunea fiscal, Tribuna Economică Publishing House, Bucharest, (in Romanian).
[10] Mrejeru, T. et al. 2000. Evaziunea fiscală, Tribuna Economică Publishing House, Bucharest, (in Romanian).
[11] Negruş, M. 1999. Plăţi şi garanţii internaţionale, All Publishing House, Bucharest, (in Romanian).
[12] Ungureanu, G. and Boroi Al. 2004. Introducere în criminologia aplicată, Universul Juridic Publishing House, Bucharest, (in Romanian).
[13] Voicu, C., Voicu, A.C. and Geamănu, I. 2006. Criminalitatea organizată în domeniul afacerilor, Pildner@Pildner Publishing House, Bucharest, (in Romanian).
[14] Voicu, C., Sandu F. and Dascălu I. 1998. Frauda în domeniul financiar, bancar şi al pieţei de capital, Trei Publishing House, Bucharest, (in Romanian).
[15] Voicu, C., Ungureanu, G., Voicu, A. 2005. Globalizarea şi criminalitatea financiar- bancară, Universul Juridic Publishing House, Bucharest, (in Romanian).
[16] Article 1 of the draft European Communities (EC) Directive of March 1990.
[17] Ministry of Public Finances. 2002. Cartea alba.
[18] Ministry of Public Finances. Revista Finanţe publice si contabilitate – nr.3/ 2003, nr.1/2002, (in Romanian).
[19] Legea 656/07.12.2002 modificată si republicata, privind prevenirea şi sancţionarea spălării banilor.
[20] www.laundryman.u-net.com
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.