Powerlessness as the Basis for Financial Crimes: A Brief Overview

Powerlessness as the Basis for Financial Crimes: A Brief Overview

Copyright: © 2021 |Pages: 10
DOI: 10.4018/978-1-7998-5567-5.ch003
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Abstract

Scholarly analysis of financial crime, its modus operandi, and the characters involved have almost exclusively been focused on the activities of the elite and the powerful for decades. Recommendations on how to minimise its debilitating impact have always, also, been focused on the elite, the powerful, and the state institutions they control. Corruption and financial crime are the pastime of people at the top only. This overview contends that perpetration of financial crime by the powerless can be just as corrosive and harmful as that perpetrated by the powerful. The quality of criminality and its pervasiveness is as relevant as its quantum and location. Exclusive focus on the higher echelons of financial crime subsumes its roots and significance within society, thereby leading to the lop-sidedness of proposed remedies. This chapter seeks to establish the nexus between low- and high-level financial crime as a way of providing a more holistic view of the depth of its effect, especially in less sophisticated economic environments.
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Fragmentation Of State Institutions

The ‘fragmented’ nature of state institutions in developing countries is almost universally found to be the main culprit. This reasoning has a significance particularly in countries where there continues to be a question mark over the legitimacy of the state and its institutions. Powerful elites, no doubt, take advantage of the fragmentation to exert rent at all levels of interactions with citizens. It has sometimes been described as “State capture” (South Africa), “Family Fiefdom” (Angola and Guinea Equatorial) or the “Oligarch” (Russia and the former Soviet states). Others, still, have seen state fragmentation in terms of neo-patrimonialism as was the case in the Democratic Republic of Congo under the late strongman leader, Mobutu Sese-Seko. Neo-patrimonialism is made possible by non-compliance and non-conformity with formal rules. This too varies according to the size and structure of government, democracy and the political system, quality of institutions, economic freedom/openness of the economy, salaries of civil service, press freedom and the judiciary amongst others (Enste & Heldman, 2017). High-level corruption is a major problem in any event, but it does not tell the whole story.

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