Interview Data on Misuse of 'Corporate Vehicles', 2016-2018

DOI

The misuse of corporate vehicles by organised crime groups in the concealment, conversion and control of illicit finances presents a number of problems for responsible investigators, law enforcement authorities and regulators. Such problems arise when dealing with the immediate criminal networks and activities but more broadly when ensuring the robustness and integrity of legitimate business structures and services for those involved in transnational commerce. The misuse of corporate vehicles for illicit purposes is a highly complex issue in terms of detection as such illicit structures and transactions have an appearance of legitimate practice which is conducive to concealment. This research project aimed to inform our understanding of such misuse of corporate vehicles in order to support the activities of multiple stakeholder groups. The collection consists of interviews with informed experts, regulators and law enforcement actorsTransnational organised crime groups and the difficulties in intervening with illicit finances have been identified as a high-priority concern by the UK government (see Serious and Organised Crime Strategy (SOCS) (2013)) and remain high on the agenda of other sovereign states and intergovernmental bodies such as the EU and UN (see for instance SOCTA (2013)). A central issue for transnational organised crime groups is that in order to conceal their illicit finance, some form of collusion and/or cooperation with external, legitimate actors such as accountants, lawyers and other professionals may be required. One mechanism for facilitating this is the creation and misuse of legitimate business structures, such as 'corporate vehicles' - the EU's Serious and Organised Crime Threat Assessment (2013: 14) foregrounds how 'organised crime groups exploit various legal business structures and professional experts to maintain a façade of legitimacy, obscure criminal activities and profits, and to perpetrate lucrative and complex crimes'. Licit corporate entities provide opportunities to conceal, convert and control illicit finance and the proceeds of criminal behaviours by offering an external appearance of legitimacy to the 'beneficial owners' (i.e. the real people who actually own them) of these entities and/or the clients who use them to transfer funds - in this latter case, third-party legitimate actors become witting, or unwitting (or wilfully blind), facilitators of organised crime activities. However, there remains a major research gap in understanding the dynamics around how organised crime groups misuse such licit corporate entities and who assists them and this project aims to address this. The project is a new and exciting interdisciplinary collaboration between academics from the University of Manchester, the University of Edinburgh and the Erasmus University Rotterdam with support from non-academic partners Police Scotland and Ciroc/the Netherlands Organised Crime Monitor. We have assembled a research team with expertise and research skills in Criminology and Law to investigate the misuse of 'corporate vehicles' by transnational organised crime groups for the management and control of the proceeds of crime in the UK and the Netherlands, and the EU more widely. This is the first such study in the UK. We aim to develop original empirical and doctrinal research, and utilise secondary data sources, to address the following three research questions: Work Package 1: How, why and under which conditions do transnational OCGs use corporate vehicles to conceal, convert and control illicit finances cross-jurisdictionally? - Method: (1) A three-month Rapid Evidence Assessment (REA) of existing academic, practice and policy literature to develop an overview of the depth and quality of the 'state of the art' in understanding of problems and impacts associated with the use of corporate vehicles by organised crime groups in the context of illicit finance. (2) Document/qualitative analysis of UK and Dutch enforcement investigation case files, semi-structured interviews and focus groups with law enforcement actors and other informed experts. Work Package 2: Are there any patterns, trends and regularities in the forms that corporate vehicles take when used by OCGs and how does this compare across jurisdictions? - Method: (1) Secondary data analysis of EU-wide international, intergovernmental, and domestic datasets and of previous research data. Work Package 3: Under which legal, policy and enforcement conditions are corporate vehicles misused by OCGs and are there (a)symmetries across EU jurisdictions that create conducive circumstances for their misuse? - Method: (1) Doctrinal analysis of the laws and policies governing the existence and transparency of corporate vehicles and associated constructs across the constituent jurisdictions of the UK and the Netherlands as well as the overarching EU framework.

Semi-structured interviews

Identifier
DOI https://doi.org/10.5255/UKDA-SN-854789
Metadata Access https://datacatalogue.cessda.eu/oai-pmh/v0/oai?verb=GetRecord&metadataPrefix=oai_ddi25&identifier=7fcf7c65b03c74725f7972e38114fb53ecd692173d6272c022cf3a8a0cd73d77
Provenance
Creator Lord, N, University of Manchester
Publisher UK Data Service
Publication Year 2021
Funding Reference ESRC
Rights Nicholas Lord, University of Manchester; The Data Collection is available for download to users registered with the UK Data Service. All requests are subject to the permission of the data owner or his/her nominee. Please email the contact person for this data collection to request permission to access the data, explaining your reason for wanting access to the data, then contact our Access Helpdesk.
OpenAccess true
Representation
Resource Type Text
Discipline Jurisprudence; Law; Social and Behavioural Sciences
Spatial Coverage UK and the Netherlands; United Kingdom; the Netherlands