Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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197402ZU34
ppi 201502ZU4645
Vol.41 N° 76
Enero
Marzo
2023
Recibido el 22/12/22 Aceptado el 26/01/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Vol. 41, Nº 76 (2023), 64-75
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Globalization of White-Collar Crime:
Far and Beyond National Jurisdictions
DOI: https://doi.org/10.46398/cuestpol.4176.03
Yuriy Lutsenko *
Victor Motyl **
Anatolii Tarasiuk ***
Vitalii Areshonkov ****
Yaroslav Diakin *****
Dmitriy Kamensky ******
Abstract
The goal of the paper is to research the modern phenomenon
of global white-collar crime, its socially harmful forms and to
discuss methods of ghting such criminality internationally. In
the course of the research, several general and special scientic
methods were used. Special focus was laid on comparing models
of enforcing economic crimes in dierent jurisdictions. A general
overview of today’s interconnected economic systems is provided. A link
between economic security and national (including information) security
is explained. With reference to numerous publications on the issues of
white-collar crime it is suggested that this topic is of signicant practical
meaning to national governments. Based on the example of several white-
collar crimes, including tax evasion, money laundering and insider trading,
a conclusion was made on the complexity of prosecuting economic oenses,
when criminal activity goes beyond any national jurisdiction. Challenges of
procedural nature, which relate to investigation and prosecution of such
crimes, are discussed as well. As a general conclusion, it is argued that
modern phenomenon of economic globalization signicantly underlines
* Doctor of Law, Interdepartmental Research Center for Combating Organized Crime under the National
Security and Defense Council of Ukraine, Ukraine. ORCID ID: https://orcid.org/0000-0002-8731-
2941
** Candidate of Law, Senior Research Fellow, Research Laboratory for Combating Crime at the
Educational-Research Institute No 1 of the National Academy of Internal Aairs, Ukraine. ORCID ID:
https://orcid.org/0000-0003-1790-6741
*** Doctor of Law, Associate Professor, Deputy Director of the Territorial Department of the State
Investigation Bureau, located in Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0001-9563-6922
**** Doctor of Law, Senior Research Scientist, Leading Researcher of the Research Laboratory on the
Problems of Combating Crime of the National Academy of Internal Aairs, Ukraine. ORCID ID:
https://orcid.org/0000-0003-1776-1220
***** Candidate of Law, Leading Researcher, Scientic Laboratory on Crime Prevention of the National
Academy of Internal Aairs, Ukraine. ORCID ID: https://orcid.org/0000-0002-6943-0151
****** Doctor of Law, Department of Legal Courses, Berdyansk State Pedagogical University, Ukraine.
ORCID ID: https://orcid.org/0000-0002-3610-2514
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CUESTIONES POLÍTICAS
Vol. 41 Nº 76 (2022): 64-75
the importance of the implementation of comparative, multi-jurisdictional
research into the eld of white-collar crime enforcement.
Keywords: white-collar crime; globalization of crime; national security;
money laundering; comparative legal research; jurisdiction
and prosecution.
Globalización de la delincuencia de cuello blanco: Más
allá de las jurisdicciones nacionales
Resumen
El objetivo del trabajo fue investigar el fenómeno moderno de la
delincuencia mundial de cuello blanco, sus formas socialmente nocivas
y, además, debatir los métodos de lucha contra esta criminalidad a escala
internacional. En el curso de la investigación se utilizaron y combinaron
varios métodos cientícos generales y especiales. Se prestó especial atención
a la comparación de los modelos de represión de los delitos económicos en
diferentes jurisdicciones. Se explica la relación entre la seguridad económica
y la seguridad nacional (incluida la seguridad de la información). Con
referencia a numerosas publicaciones sobre la delincuencia de cuello blanco,
se sugiere que este tema tiene un signicado práctico para los gobiernos
nacionales. Basándose en el ejemplo de varios delitos de cuello blanco,
como: la evasión scal, el blanqueo de capitales y el uso de información
privilegiada, se llega a una conclusión sobre la complejidad de perseguir los
delitos económicos, cuando la actividad delictiva va más allá de cualquier
jurisdicción nacional. También se discuten los retos de naturaleza procesal
relacionados con la investigación y el enjuiciamiento de tales delitos.
Como conclusión general, se argumenta que el fenómeno moderno de la
globalización económica subraya signicativamente la importancia de la
aplicación de la investigación comparativa.
Palabras clave: delincuencia de cuello blanco; globalización del crimen;
seguridad nacional; blanqueo de dinero; investigación
jurídica comparada; jurisdicción y enjuiciamiento.
Introduction
White-collar crime is hardly a new phenomenon. A lot has been written
on the subject internationally, many economic crime cases have been
adjudicated by courts and governments are always on the look for new
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Yuriy Lutsenko, Victor Motyl, Anatolii Tarasiuk, Vitalii Areshonkov, Yaroslav Diakin y Dmitriy Kamensky
Globalization of White-Collar Crime: Far and Beyond National Jurisdictions
methods of ghting such criminality, which costs billions of dollars to
local economies. This is even more so for the XXI century with its digital
innovations, online banking, block chain technology and cryptocurrency
wires, to name a few. Currently, we all also witness a globally growing
phenomenon of “white collar overcriminalization” – a new trend by the
national government to be “tough” on economic crime, to punish oenders
with respectable social status with all the severances of criminal laws and
all the law enforcement resources available.
Yet another important observation: economic crime seriously
undermines economic security of any given state and thus its national
security. The ongoing war aggression against Ukraine reveals how important
it is to maintain economic stability in any country, to crack down any types of
white-collar crime in the face of a bigger national security threat. Economic
activity is yet another important area of maintaining strong cooperation
between military actors and civil society (Lutsenko et al., 2021). This also
includes a pressing issue of information security or cyber security. Since a
lot of business transactions are conducted online nowadays, and now with
the wide use of cryptocurrency transactions and doing online trading on
stock exchanges, reliable protection of digital relations in any given state
has to remain a top priority (Dziundziuk et al., 2021).
By focusing on the “economic” block of the nation criminal law provisions,
special attention should be paid to the study of globalization trends in the
modern world and, accordingly, in interstate economic relations. Today,
we all witness global operations of research and development, preserving
environmental assets, communication, erasure of language barriers, labor
and capital migration, joint discovery of outer space, implementation of
international scientic projects in almost all areas, trans-border business
transactions etc.
Apart from obviously positive trends, globalization also leads, at least
in some cases, to the emergence of new types of economic crimes, the
expansion of economic crime in general and its adaptation to various socio-
economic changes. Thus, a relatively new phenomenon of white-collar crime
globalization was born a couple of decades ago and has since expanded.
H. Stessens puts it down this way – modern societies are increasingly
dealing with types of economic crime that were largely unknown back in
the XIX century, when most European criminal justice systems had been
formed. Nowadays, prosecutors and courts face economic crime challenges
that did not exist before. A signicant role in such illegal trends belongs to
corporations, since the lion’s share of business activity in the modern market
world is conducted by large international corporations (Stessens, 1994).
These and some other issues related to new ‘globalized’ patterns of
economic crime will further examined in detail.
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1. Methodology
The methodology behind this research includes general and specic
scientic methods. The former includes methods of analysis and synthesis,
while the latter includes system-functional, formal-logical, comparative
and several other methods.
In particular:
1. comparative method has been used within the framework of a
consistent critical comparison of the provisions of the criminal
law of Ukraine, United States of America (USA) and several other
countries, which relate to the grounds of liability for economic
crimes and measures of criminal law inuence on the persons, who
have committed them;
2. historical method has been used in the context of a fragmentary
retrospective analysis of the content of criminal law norms within
the eld of research;
3. systemic (or method of system-structural analysis) – by determining
the place of group of provisions on economic crimes in the system of
state-sanctioned measures of legal regulation of economic relations,
as well as by establishing the order of correlation of the group of
norms established in General and Special Parts of the national
Criminal Codes;
4. formal-logical (dogmatic) – provided scientic interpretation of
the legislation of Ukraine and the USA on liability for economic
crimes, as well as substantiation of directions for improvement of
the studied provisions;
5. sociological – used for the analysis of problematic issues related to
the criminalization and decriminalization of economic oenses, as
well as when summarizing case law materials; statistical – allowed to
analyze and summarize information on the quantitative indicators
of the application of measures of criminal law inuence on persons,
who committed economic crimes;
6. method of modeling – was used to formulate and propose new
legislative novelties of the Criminal Code in the area of liability
for economic crimes, as well as proposals aimed at improving the
relevant practice.
The methodology employed during study of global white-collar crime is
directly connected with the relevant empirical law enforcement data. The
study relies on processing white-collar crime verdicts in Ukraine, USA and
several European jurisdictions. Also, open data and legal documents, issued
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Yuriy Lutsenko, Victor Motyl, Anatolii Tarasiuk, Vitalii Areshonkov, Yaroslav Diakin y Dmitriy Kamensky
Globalization of White-Collar Crime: Far and Beyond National Jurisdictions
by Interpol, Financial Action Task Force (FATF), national prosecutorial
agencies and police departments, as well as nancial crime task forces have
been carefully studied and then incorporated into this paper.
Since white-collar crime globalization is a rather new phenomenon,
new academic bibliography, recent court decisions and law enforcement
materials have been widely used in this research project.
2. Recent research and ndings
One’s immersion into the research eld of combatting economic
crime reveals steady interest to such issues from both criminal law
professors and practitioners. In particular, A. Savchenko has conducted
eective comparison of provisions on economic crimes under criminal
law of Ukraine and the USA in the monograph “Criminal legislation of
Ukraine and federal criminal legislation of the United States of America:
a comprehensive comparative legal study”. At the same time, in view of a
wider scope of issues covered in his research, both the system and specic
groups of crimes in the economic sphere have been discussed only partially
by the author (Savchenko, 2007).
Another Ukrainian scholar and an established authority on the issues of
white-collar crime, O. Dudorov, has written extensively on the subject for
the previous ten plus years. His highly cited publications address economic
criminality in detail, they are both theoretically sound and have a signicant
eect on law enforcement practice. Apart from his widely recognized
treatise on economic crime in Ukraine (Dudorov, 2003), O. Dudorov has
also written a series of joint articles with R. Movchan on a wide range of
white-collar crime issues (Dudorov and Movchan, 2020).
As for American academics, who have widely covered the topic of white-
collar crime, E. Podgor, professor of law at Stetson University College of
Law, is one of the leaders on both quality and quantity. During the past two
decades, she has covered a wide range of white-collar crime issues, starting
with fraudulent bankruptcy and tax evasion and ending with extremely
complicated schemes of insider trading and the alarming trend of white-
collar overcriminalization in America (Podgor, 2015; Podgor, 2021).
In addition, authors of this research paper have also extensively covered
current legislative models of ghting economic criminality both in Ukraine
and in other countries in previously published articles, conference materials
and academic treatises (Minchenko et al., 2021; Pidgorodynskyi et al., 2021;
Movchan et al., 2021).
The wide spectrum of the discussed topic, as well as particular issues
related to white-collar crime, which have previously been addressed in
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academic literature, reveal the fact that the issue of economic crime and
especially its global patterns remain among the priority areas for legal
research and writing. After all, governments and societies rotate around the
basic concepts of economic activity (or material welfare). Thus, protecting
any given economy from illegal practices is a big deal; it should remain in
the focus of the national government. For Ukraine, protection of its market
economy by means of criminal law is an even more challenging goal, since
national security and state sovereignty are currently at stake there.
3. Results of the study
The essence of globalization as a process, which characterizes modern
stage of human development is the formation of a common global economic,
political and cultural space, which functions on the basis of universally
recognized legal values and principles and is manifested by common
organizational forms.
We will start with explaining some key terms, used within the text of
this paper.
Economic globalization is interpreted as the process of structural
changes and the gradual formation of an organically integrated world
economy as a necessary element of the formation and development of
the integrity of world community. Creation of a national market economy
means, among other things, its transformation into an integral part of
the world market economy, and therefore creates dependence on modern
trends in its development, dependence on institutions, mechanisms and
tools with which it operates the world market. Against this background,
there is an urgent need to determine main forms of cooperation of any
state with international nancial, credit and trade organizations, regional
associations of countries, participation in joint economic projects and
programs with other countries, etc.
An interesting position is expressed by the authors of one Ukrainian
work on the issues of modern economic theories, who comment on the
cumulative position of representatives of globalization theory regarding
the development of global economic processes in such manner. Relations
between subjects of economic activity are greatly inuenced not only by the
processes of development of formalized market relations, but also by many
informal, non-economic factors, socio-cultural environment, moral and
ethical climate in society, etc. Such factors are even more important under
the conditions of a transitional economy, which is reected in the modern
processes of the formation of the Ukrainian economy. Here, market appears
not as a self-sucient factor capable of solving social problems, but only as
one of the mechanisms of society functioning, which permeates the entire
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Yuriy Lutsenko, Victor Motyl, Anatolii Tarasiuk, Vitalii Areshonkov, Yaroslav Diakin y Dmitriy Kamensky
Globalization of White-Collar Crime: Far and Beyond National Jurisdictions
set of social relations and directly depends on the socio-political sphere,
historical and cultural heritage.
Legal globalization, in turn, means creation of a system of norms and
regulations as well as the interstate, international legal system, which
organizes, ensures, coordinates global interaction in various spheres of
society through the interaction of international and national law. Legal
globalization involves such elements as corporate law, transnational
subjects of the world economy, supranational economic and nancial
norms and rules of state activity, interstate unions, generally recognized
legal standards and values. As one might see from the proposed denition,
economic relations in the interstate context remain among the key
components of the conditional ‘foundation’ of this phenomenon.
Finally, to this date there is no clear, all-inclusive denition of white-
collar crime, and such description is not likely to appear anytime soon
due to a variety of reasons. These include: (1) traditionally broad nature
of nonviolent and predominantly for-prot oenses; (2) changes in both
legislation and its interpretation, more so during the last three decades; (3)
shifts in research focus from looking into white collar criminals themselves
to the specic nature of crimes committed by the latter; and (4) absence of
any attempts to categorize dierent groups of oenses by either legislators
or courts (Kamensky, 2016).
The term ‘white-collar crime’ is notoriously ambiguous. At least some
agreement among scholars exists on what types of criminal behavior this
phrase should include. Among various types of criminal activity, one
can name antitrust violations, computer and internet fraud, credit card
fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare
fraud, environmental violations, insurance fraud, mail fraud, government
fraud, tax evasion, nancial fraud, securities fraud, insider trading,
bribery, kickbacks, counterfeiting, public corruption, money laundering,
embezzlement, economic espionage and trade secret theft (White Collar
Crime, 2021). As one might see, the list of such criminal activity forms is
both expansive and impressive.
As for corruption-related oenses, bribery remains among the major
threats to many countries, including Ukraine. While penetrating deep into
all spheres of public life, corruption damages the most important social
values of both the state as a whole and its individual citizens (Vozniuk et
al., 2021). In particular, it eects market economy relations, including
transportation, construction, retail sector, stock market functioning and
investing in both negative and direct manner.
In comparison, the term ‘international white-collar crime’ becomes even
more confusing, since no such term is dened by international law. Thus, the
term can be best interpreted by referring to non-violent, nancially motivated
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Vol. 41 Nº 76 (2022): 64-75
crimes, which have a transnational element. Such multi-jurisdictional
element can arise from the conduct of the perpetrators, the locations of the
victims and witnesses, the nature of the crime, or the scope of governmental
or corporate investigation. Under such broad denition, any white-collar
crime can actually be put into the international context (Kamensky, 2021).
Moving forward, we observe that today there are numerous ‘points of
conict’ between domestic criminal law and globalization trends. Shifts
in the ‘criminal picture’ of the world, caused by globalization, need to be
studied within the framework of criminal law doctrine, and should also
be taken into account in law-making activities, in particular, when solving
issues of criminalization and decriminalization, penalization, improvement
of criminal law tools and when solving other problems of criminal law.
English author D. Nelken makes a good point, while referring to the
systemic, immanent manifestations of crime, which are increasingly under
the inuence of globalization. The eect of globalization manifests itself
primarily in the fact that the concepts of “their” (foreign) and “our” (domestic)
regarding crime are gradually becoming similar and interconnected
(Nelken, 2000). There is a typical pattern related to the situation of the
evolution of economic crime in the era of globalization: the globalization
of the world economy and the ever-increasing eciency of capital markets
allow individuals and legal entities to move huge sums of money both on
domestic nancial markets and from one country to another. As one can see,
the economy and crime can create together an extremely strong, dangerous
combination for society within the framework of globalization.
After setting a theoretical foundation for our research, we will proceed
with a set of practical issues, which reect on the globalized nature of modern
white-collar criminal activities. Today, money laundering is a major problem
for the international community at large. It is a crime of relatively recent
vintage, having its growth in the years following digitalization, introduction
of cryptocurrency and further expansion of information technologies. Money
laundering, as put down by one American commentator, is a crime of many
variations, many approaches, and a host of dierent laws, since countries do
not always have consistent approaches.
Combating money laundering, therefore, requires consideration of issues
of national, transnational, and international jurisdiction as well as joint
law enforcement initiatives. Today the overarching concern relates to how
to combat this criminal conduct in a global society. Money laundering laws
provide a case study to demonstrate the jurisdictional challenges faced by
nations working to eradicate this particularly dangerous form of economic
criminality (Podgor, 2006).
Stock market fraud, including market manipulation and insider trading,
is yet another, though hardly the only one, example of global economic crime
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Yuriy Lutsenko, Victor Motyl, Anatolii Tarasiuk, Vitalii Areshonkov, Yaroslav Diakin y Dmitriy Kamensky
Globalization of White-Collar Crime: Far and Beyond National Jurisdictions
today. Indeed, since shares of large multinational corporations (Coca-Cola,
Tesla, Apple, Ford, Intel – to name just a few) are traded worldwide, crimes
related to such assets can also be committed virtually anywhere.
Development of any national stock market is always connected to a
number of factors, including the state of legislative protection against
market oenses and enforcement of relevant criminal statutes. Stock
market oenses (practices of manipulative and insider nature, placement
of “junk” securities, ctitious issues, etc.) create grounds for mistrust on
the part of investors, increase investment risks and, as a result, worsen the
investment climate, complicate the formation of a modern market economy
in Ukraine, encroach on the interests of securities owners and other stock
market participants, contribute to money laundering etc.
American experience of regulation and criminal protection of the
stock market is becoming relevant and largely instructive for many world
jurisdictions (Ukraine among them), especially in the context of identifying
key routes for the development of both national economies and foreign
economic relations. This is not surprising, since United States remain the
key industrial center of the world (together with China, the United States
provide more than 1/3 of the world’s industrial output), the world center
of scientic and technological progress and at the same time the world
nancial center (American dollar provides more than 40% of all nancial
transactions value in the world).
Therefore, it is not surprising that the largest stock market in the world
in terms of capitalization is located in this country. Hence, American model
of enforcing lawfulness and integrity in its stock market can serve as both
an example and a source of valuable experience for the countries with
emerging markets. Additionally, American legal and economic scholars
have elaborated an impressive body of scholarship on the issues of stock
market functioning as well as market fraud (Fox et al., 2018).
Finally, from the merely procedural viewpoint, white collar crime
poses a multi-jurisdictional challenge in terms on its proper investigation
and prosecution. L. Dervan explains that while numerous countries oer
advantages to those, who disclose investigatory ndings and cooperate
with governmental inquiries, the globalization of white-collar crime and
the international nature of modern investigations also present signicant
challenges to successful resolution and settlement of such matters, and
even more so, if we are talking about large corporate wrongdoers. The
commentator adds a valuable observation: as the globalization of white-
collar crime continues to bring internal investigations into various
international jurisdictions, the necessity of striving for such truly global
settlement will only continue to become of greater importance (Dervan,
2011).
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Conclusions
The modern phenomenon of economic globalization signicantly
underlines the importance of the implementation of comparative research
into the academic eld of criminal law, even more so in the eld of white-
collar crime. Such connection between a legal discipline and a specic
phenomenon is grounded on pragmatic considerations: on the map of the
modern world, important changes are taking place in the economic, social,
political, cultural and other relations between nations, which naturally
encourages the search for new forms of response to such trends by means
of criminal law; international relations, which are becoming increasingly
stronger, require an appropriate level of awareness of foreign law and its
correct correlation with the national law.
At the same time, gradual disappearance of economic restrictions between
various countries, creation of interstate zones of free trade and free competition
leads to the emergence of new transnational threats: study of criminal law
and criminal procedure of another country becomes a guarantee of eective
criminal prosecution of persons, who have conducted coordinated criminal
activity on the territory of several states.
Globalization of crime requires specialists from dierent countries to
strengthen international cooperation and exchange of both ideas and resources
in the context of solving practical issues of countering criminal manifestations
at the international level.
Finally, among other known types of criminality, today white-collar crime is
more than anything else aected by the developing phenomenon of economic
globalization. As we explained in this research paper, money laundering, tax
evasion, nancial fraud, antitrust violations, corporate corruption and stock
market manipulations have long since evolved beyond the national borders
and currently create a direct threat to the interconnected world economic
environment, global nancial system and global markets. Thus, further
research and responses to such ‘external’ forms of economic crime activity are
required.
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