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“Control frauds” are seemingly legitimate entities controlled by persons that use them as a fraud “weapon.” A single … control fraud can cause greater losses than all other forms of property crime combined. This article addresses the role of … control fraud in financial crises. Financial control frauds' primary weapon is accounting. Fraudulent lenders produce …
Persistent link: https://www.econbiz.de/10013144767
This is a preliminary study on the status of the U.S. in the global market for derivatives-related services. We include some of the policy choices available to enhance this status. We begin with a review of the importance of active and efficient derivatives markets for the U.S. economy. We then...
Persistent link: https://www.econbiz.de/10009507015
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
The financial crisis is a challenge for global regulatory governance. Indeed the crisis is a very interesting case study to understand how regulation evolves and institutional transformation occurs. The issue is addressed taking legal, public policy, and international relations aspects into...
Persistent link: https://www.econbiz.de/10013136216
In this article we summarize the main problems with the current LIBOR setting, describe our proposal on how to reform LIBOR through a committed quote system (“CLIBOR”), and explain why the final Wheatley Review proposal on how to reform LIBOR, and its reasons for stopping short of our...
Persistent link: https://www.econbiz.de/10013097291
The existing international financial regulatory architecture is multifarious. Prevalent regulatory forums are numerous, with over-lapping spheres of activity, where all such forums share a lack of consolidated authority. Bodies like the Basel Committee on Banking Supervision (BCBS), Group of 20,...
Persistent link: https://www.econbiz.de/10013092182
This paper examines the contract interpretation strategies adopted by the International Swaps and Derivatives Association (ISDA) for its credit derivatives contracts in the Greek sovereign debt crisis. We argue that the economic function of sovereign credit default swaps (CDS) after Greece is...
Persistent link: https://www.econbiz.de/10013065558
Despite strong traditions of research into corruption and into telecommunications policy and regulation, the two are almost never combined, an absence that remains unexplained. One possibility is that it is “dangerous” in terms of physical harm, financial harm from defamation law suits or...
Persistent link: https://www.econbiz.de/10013074810
The credit crisis that started in the American mortgage subprime market in 2007 is having profound social and economic consequences. In this context, lawmakers, regulators, and commentators have questioned the role of rating agencies in the market turmoil. In light of the critiques, a strong...
Persistent link: https://www.econbiz.de/10013156993