Professional Documents
Culture Documents
White Collar Crime
White Collar Crime
Acceptance of any valuable asset without adequate and legal reasons by a person
involved in a process concerned with that officer
Dishonest and fraudulent conversion of property for his own benefit entrusted to him.
Obtaining property or any value able thing by dishonest or corrupt means for himself
or his spouse or other dependents.
Misuse of authority to gain any benefit for himself or anyone else or willfully fails to
exercise his authority to prevent the grant, or rendition of any undue benefit or favor
which he could have prevented by exercising his authority; or
If he has issued any directive, policy, or any SRO (statutory Regulatory Order) or any
other order which grants or attempts to grant any undue concession or benefit in any
taxation matter or law or otherwise so as to benefit himself or any relative or associate
or a benamidar or any other person;
If he commits the offence of cheating as defined in section 415 of the Pakistan Penal
Code, 1860, and thereby dishonesty induces members of the public at large to deliver
any property including money or valuable security to any person; or
The cost of building Shaukat Khanum Memorial Cancer Hospital and Research
Centre was Rs4 billion. With Rs77 billion, 19 such hospitals can be built all through
Pakistan.
In 2017, a total of 26,551 complaints were filed with NAB, of which 456 complaints
(two percent of the total) were taken to the ‘inquiry stage’.
Of the 456 ‘inquiries’, 215 were ‘investigated’. Of the 215 ‘investigations’, a total of
112 were convicted.
RECOMMENDATIONS: The Following are the recommendations for eradication
of corruption in the two segments of the society.
I. LOWER STRATA CORRUPTION
i. Compatibility of pay structure of public sector employees from private sector.
ii. Sense of security to all by providing house, social security, health insurance and
old age grant for all.
iii. Job guarantees for all or alternative allowance, according to the capability and
competence.
iv. Free and uniform system of education for all.
v. Check and balance on day-to-day prices of essential commodities.
II. HIGHER STRATA CORRUPTION
A: SHORT TERM MEASURES
i. Selection through a computerized test-detecting weak and stronger character traits.
ii. Handsome and competitive salary package.
iii. Withdrawal of benefits and privileges.
iv. Check and balance of pay and authority.
v. Postings in the area of permanent residence to obviate sense of alienation.
vi. Lowering the cost of living.
Money Laundering
Illegal transfer of money from one country to the other
Benefits:
i. Tax evasion
ii. Black money transfer
iii. Underground economy
i. PLACEMENT: The first step is related to depositing cash funds in foreign banks.
This step is called placement, as the funds are placed in foreign banks without
drawing the attention of national authorities.
ii. LAYERING: The second step is linked to carrying out financial transactions, cash
withdrawals, wire transfers, etc. and hiding the original source of money. This step is
called layering, as the money launderer performs several financial transactions, which
act as layers of cash. Online transactions, notably wire transfers, are the quickest way
of layering, as multiple cash transactions can occur speedily through them.
iii. INTEGRATION: The third step is related to the use of money for investment or
any other action. This step is called the integration of funds, as the laundered money
is actually used at this stage. When money has reached this step, it becomes difficult
or almost impossible for the A.M.L. authorities to track the laundered money, unless a
trial or investigation had started when the money was in the first or second stage.
All of the three steps are interconnected and must take place for the laundered money
to be used in the foreign land.
i. This method entails the division of large amounts of cash, which need to be
laundered, into smaller amounts.
ii. Each divided amount is then transferred, through money orders, online
transactions, cash deposits, etc., to foreign banks. The nontaxable sum, which can be
legally traveled with, can also be taken to the foreign country by traveling
legitimately. The scheme of dividing a sum of money into smaller portions and
transferring the portions is also termed“smurfing.”
iii. It generally includes the first stage of money laundering—the placement of funds
in foreign banks—either through online transfers, wire transfers, money ordering, or
traveling as a group but pretending to be individuals, with each person having the
maximum but different amount of cash to legally travel with .
II. SMUGGLING
i. This method involves taking bulk cash to a foreign country by deceiving the airport
or border authorities of the actual amount of money being displaced.
ii. This amount is then deposited into a bank of that foreign country, where the money
laundering laws might be weaker or not strictly enforced.
iii. This is considered to be the most common method of money laundering.
i. Money laundering through trade happens when invoices are either undervalued or
overvalued, depending upon the cash inflow/outflow or costs, respectively.
ii. Traders often accomplish this by providing fake invoices and accounts.
V. ROUND TRIPPING
i. Round tripping is used for money laundering, as well as for tax evasion. This is a
technique through which a company sells its assets to another company and then, at
the same time, signs an agreement to buy some or all of the same assets at the same
price.
ii. The selling and buying of assets liquefies the latter, facilitating their quick
conversion into cash and vice versa. The cash can be moved abroad by labeling it as
“foreign direct investment” (hereinafter F.D.I.) and is exempted from tax.
iii. For instance, an individual or a company might hire a foreign law firm or any
other organization and pay it for their services;it then cancels the agreement exactly at
the time when the money (fee) has been sent.
I. ECONOMIC IMPACTS
Iii-Failure of Banks and Financial Institutions: Money laundering can cause the
failure of banks and financial institutions. For instance, if a large sum of money is
transferred to a bank and then, after a short duration, that money is transferred to
another bank, it may cause a liquidity problem to the financial assets of that bank.95
The bank can go bankrupt if a large number of people start approaching it to withdraw
their deposits upon knowing that a massive amount of money has been moved from
that bank by money launderers.
iv. Reputation: Money laundering tarnishes the reputation of financial institutions
and the nation’s economy especially when money laundering also causes the
embezzlement of funds etc. In such a case, market confidence diminishes and
investors lose interest in the local market.100 Moreover, if the speculations of the ill
reputation of the market reach abroad, then it also reduces the chances of F.D.I.
v. Impact on Economic Policy: As money laundering tarnishes the reputation of the
financial institutions of a country, it might also affect the related economic indicators
and variables, for instance the interest rate, which can affect inflation, Consumer Price
Index (C.P.I.), and the value of the currency of that country. This can cause monetary
instability and can also affect the prices of goods in the country.
vi. Decline in Tax Revenues: Money laundering directly affects the government’s tax
revenue. As A huge sum of currency that could have been taxed is moved abroad.
This loss of revenue must be covered by the government by collecting more taxes
from other taxpayers by increasing the tax rate.104 This hurts honest taxpayers, as
well as making tax collection tougher for the government as the public may retaliate
by protesting against the hike in tax rates.
ii. It creates policies and strategies and gives advice to the governments for A.M.L.
and Combating Financing Terrorism (C.F.T.) laws and policy reforms.
iii. It also monitors the government’s financial activities to track any misappropriation
related to money laundering regulations and provides suggestions to the governments
upon identifying any irregularities
ii. It was founded in 1997 to create a combined mechanism to curb money laundering
and the illegal trafficking of drugs.
iii. It also offers technical and financial assistance to governments to devise effective
mechanisms for curbing money laundering
FINTRACA:
i. FINTRACA, Financial Transactions and Reports Analysis Centre of Afghanistan,
was founded in 2004 as an A.M.L. agency. It is a semiprivate organization that works
within Da Afghanistan Bank.
ii. Its core function is to prevent access to the Afghan financial system to money
launderers and those who are suspected of using the money to finance terrorism.
iv. Upon tracking the illegal origins or destinations of money, it coordinates with
security agencies and law enforcement departments to curb illegal financing activities
and to investigate whether the money is being used to finance terrorism
CONCLUSION
i. Money laundering has been recognized as a major crime at the international level.
Terrorists, drug traffickers, smugglers, black money owners, etc. use different money
laundering methods to finance their activities, to traffic drugs, and to clean their
illegitimately earned assets.
Cyber Crime
Definition: Dr. Debarati Halder and Dr. K. Jaishankar (2011) define Cybercrimes as:
"Offences that are committed against individuals or groups of individuals with a
criminal motive to intentionally harm the reputation of the victim or cause
physical or mental harm, or loss, to the victim directly or indirectly, using
modern telecommunication networks such as Internet and mobiles”
phishing: using fake email messages to get personal information from internet users;
misusing personal information (identity theft);
Online Harassment: is usually related to your social lifestyle and if you choose to
use a popular social network such as Facebook or Twitter. Online harassment can
consist of threats sent through email, instant message or through a social network
message/post. Usually, it is simple to report these threats to the social network you're
being harassed on.
Cyber stalking:Cyber stalkers will go to great lengths to try to monitor a victims
online activity. This may include infecting a person's computer with malware that is
able to log computer activity.
Invasion of privacy:The invasion of privacy is basically the act of someone
attempting to intrude on a person's personal life. This includes hacking into a person's
computer, reading their emails or monitoring online activities. Many of these specific
crimes are punishable under the law.
Impacts of Cyber crimes:Such crimes may threaten a nation’s security and financial
health.[citation needed] Issues surrounding these types of crimes have become high-
profile, particularly those surrounding hacking, copyright infringement, child
pornography, and child grooming. There are also problems of privacy when
confidential information is intercepted or disclosed, lawfully or otherwise.
It is the only unit of its kind in the country and in addition to the directly received
complaints also assists other law enforcement agencies in their own cases.
FIA said that its cybercrime circle has so far conducted 2,295 inquiries, registered 255
cases and made 209 arrests in 2018 — all highest since the Prevention of Electronic
Crimes Act (PECA) 2016 was enforced.
The corresponding figures for 2017 were 1,290 inquiries, 207 cases registered and
160 arrests made, whereas figures for 2016 stood at 514, 47 and 49.
The FIA admitted that cyber crimes are on the rise in Pakistan but added that "the
government's recent measure to establish 15 new cybercrime reporting centers" will
help control the situation.
i. Short Term Setting in motion systemic improvements that will strengthen the
national integrity system and the people against corruption.
ii. Long Term The elimination of corruption by engaging all the stakeholders in the
fight against corruption, through a program, which is holistic, comprehensive and
progressive.
Structure:
It operates under the National Accountability Ordinance- 1999. With its headquarter
at Islamabad, it has four regional offices in the provincial capitals and one at
Rawalpindi. It takes cognizance of all offences falling within the National
Accountability Ordinance (NAO)
Working:For the initial three years, the focus of its functions was directed only at
detection, investigation and prosecution of white-collar crime.
Those prosecuted include politicians, public service officials and other citizens who
were either guilty of gross abuse of powers, or through corruption had deprived the
national exchequer of millions or resorted to other corrupt practices.
After identifying the causes of corruption in each pillar, a comprehensive strategy and
a detail action plan was recommended. Breaking away from traditional enforcement
based routines NACS has recommended a comprehensive process. Relevant
amendments have been made in NAO and now NAB is empowered to undertake
prevention and awareness in addition to its enforcement functions.
Creation:Codified under the Constitution in 1974, the institution functions under the
Ministry of Interior (MoI). The FIA also undertakes international operations with the
close cooperation and coordination of Interpol. Headquartered in Islamabad, the
agency has various branch and field offices located in all major cities throughout
Pakistan.
Mission Statement:
To achieve excellence in FIA by promoting culture of merit, providing continuous
professional training, ensuring effective internal accountability, encouraging use of
technology and having a meaningful feedback mechanism.
Structure:
As of 2009, FIA has 10 active departments to lead criminal charges and investigation,
with priorities:
i. Counter-terrorism Wing (CTW)—Tasked to protect Pakistan from all kinds of
terrorist attacks, including cyber, bio terrorism, chemical, electronic and nuclear
terrorism (see counter terrorism).
ii. Anti-Corruption Wing (ACW)—Tasked with undertaking investigations and
combat all public corruption at all levels of command (see also NAB).
iii. Economic Crime Wing (ECW)—Mandate to protect Pakistan from economic
terrorism and protection of intellectual property rights of the people. (see also:
Economic terrorism).
iv. Immigration Wing (IW)—Combat human trafficking activities and resist illegal
immigration in Pakistan
v. Technical Wing (TW)—Tasked to make efforts to protect Pakistan against foreign
intelligence operations and espionage (see counterintelligence and
counterproliferation) as well as using scientific assistance to resolve high-
technologycrimes.
vi. Legal Branch (LB)—Responsible to provide legal guidance in all administrative
and operational matters as well as protect civil rights.
vii. National Central Bureau (NCB)—Tasked to combat transnational/national
criminal organizations and enterprises (see organized crime) with assistance from
Interpol and FBI.
viii. Anti Trafficking Unit (ATU)—Tasked to combat major violent crimes, to
ensure country-wide coverage of human trafficking, as well as to prevent and protect
the victims of trafficking
FIA’s Initiatives:
Electricity,Gas,Oil Anti-theft Unit of FIA
Red Book (containing records of most wanted terrorists)
FIA Overseas Pakistanis Complaint Cell
Helplines:
Cyber crime 9911
FIA 111-345-786
Anti-Narcotics Force(ANF)
The Anti-Narcotics Force is a federal executive bureau of the Government of
Pakistan, tasked with combating the narcotics smuggling and use within Pakistan.
Policy Objectives:
Drug Supply Reduction
Eliminate poppy cultivation to maintain Pakistan's poppy-free status
Prevent the trafficking and production of narcotic drugs, psychotropic substances and
precursor chemicals
Strengthen law enforcement agencies and streamline their activities
International Cooperation
Promote and actively participate in bilateral, regional and international efforts to
combat Drugs
Emphasize on control of problem at source in poppy growing countries
Demand reduction in destination countries need to be an important part of
international efforts
ANF Setup:
Anti Narcotics Force Headquarters is situated at Rawalpindi controlling its outfits
through 5x Regional Headquarters i.e. North at Rawalpindi, KP at Peshawar, Punjab
at Lahore, Sindh at Karachi and Balochistan at Quetta. Regional Headquarters are
controlling their area of domain through their various Police Stations. There are 9x
Directorates at HQ ANF:
i. Logistics Directorate
ii. Enforcement Directorate (A, B, and I Branches)
iii. Law Directorate
iv. Assets and Financial Investigation Directorate
v. Planning & Development Directorate
vi. International Cooperation Directorate
vii. Information Technology Directorate
viii. Drug Demand Reduction Directorate
ix. General Staff
x. Aviation Branch
Although the law prescribes that any competent person may be appointed as Director
General. Currently Major General Khawar Hanif is a deputed as Director General.
The ANF also has sole responsibility for coordinating and pursuing Pakistan narcotics
investigations abroad.
The ANF is a civil law enforcement agency and its members are conferred powers of
Police officers and thus governed by the Police order 2002, currently in force.
Currently, because the administration includes only military personal not acquainted
with civil laws or court procedures, the bureau has the highest dropout rates of
employees of all the Government departments.
18th Amendment and ANF:The Eighteenth amendment in the Constitution of
Pakistan 1973 also has abolished the dangerous drugs topic from the concurrent list
and hence the legal existence of Anti Narcotics Force at the Federal Level in under
debate and consideration to be devolved to the Provincial setups.