Browsing by Author "Rub, Jacob"
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Item ASPECTE CRIMINOLOGICE PRIVIND REDUCEREA CRIMINALITĂȚII GULERELOR ALBE ÎN MOLDOVA ȘI ÎN ISRAEL: ABORDAREA COMPORTAMENTULUI CRIMINAL(2017) Rub, JacobScopul și obiectivele tezei. Scopul tezei constă în reconsiderarea conceptului de reducere a fenomenului criminalității gulerelor albe prin prisma teoriei econo-mice apte să explice și să evalueze personalitatea infractorului din categoria gule-relor albe și procesul de luare de către acesta a deciziilor, precum și în recon-ceptualizarea metodei de prognozare la etapa efectuării testelor de pre-angajare în câmpul muncii, ca parte integrantă a procesului de prevenire și combatere a fenomenului criminalității gulerelor albe în politica penală a Republicii Moldova și a statului Israel.Item CRIMINOLOGICAL ASPECTS OF REDUCTION OF WHITE-COLLAR CRIMINALITY IN MOLDOVA AND ISRAEL: CRIMINAL BEHAVIOR APPROACH(2017) Rub, JacobScopul tezei de doctorat constă în reconsiderarea conceptului de reducere a fenomenului criminalității gulerelor albe prin prisma teoriei economice apte să explice și să evalueze personalitatea infractorului din categoria gulerelor albe și procesul de luare a deciziilor de către acesta, precum și în reconceptualizarea metodei de prognozare la etapa efectuării testelor de pre-angajare în câmpul muncii, ca parte integrantă a procesului de prevenire și combatere a fenomenului criminalității gulerelor albe în politica penală a Republicii Moldova și a statului Israel.Item DECISION THEORY – RENEWING THE EMPIRICAL STUDY OF ECONOMIC BEHAVIOR(CEP USM, 2014) Rub, JacobThe purpose of the present study and the guiding line in this article is to accept the re-evaluation of social behavior in decision theory. The subject analysis in this article focuses on to understand better the white collar criminality in Israel decision analysis a new approach and the Republic of Moldova. The outcome of the study is to produce the necessary steps to reduce the phenomenon of WCC crime in Israel and the Republic of Moldova. In order to obtain this purpose the author has performed the systematization of the fact that above 80 percent of decision makers rely on intuiting rather than rational choice in fact and their further analysis. The author gives the answer on the questions which were considered to be the most disputable in the early studies, in the field of economics decisions, which represents that criminality has corresponded the rational assumption behavior of the criminal, who examines the strategic cost versus benefit from perpetration of the offence. There have been formulated the fact that it is improper to talk about rationality decision in WCC crime (for example of tender crimes) in Israel and the Republic of Moldova, because of a re-evaluation of what rational decision-making requires. The biggest attention has been spared to the aspect that represents the Psychological-economic aspect of decision behavior, for describing how people choose between alternatives and evaluate potential losses – because the rational procedure can not identify, and to choose the one action that causes a rise to the highest total ‘expected value gains’. The Author formulates the Meaning that the WCC manage risk and uncertainty crime decisions according three regularities: 1. Losses loom higher than gains; 2. Persons focus more on change in their utility states than they focus on absolute utilities; 3.The estimation of subjective probabilities is severely biased by. Conclusions proposed in the result of the article represent not only the theoretical but the evident empirical importanceItem FROM HABITUALLY TO AWARENESS: TOOLS FOR DEALING WITH AN INCREASE IN “PREVENTIVE AWARENESS” OF WHITE-COLLAR CRIMINALITY BY MEDIA CAMPAIGN(CEP USM, 2014) Rub, JacobThe unique, primary characteristic of white-collar criminality is that the media does not report these crimes in full and in detail as they report about street crimes, as the amount of theft has to be high, the theft needs to be related to some scandal or the suspect has to be someone important. Most people also do not possess of the financial knowledge to understand these crimes. Additionally, white-collar criminality does not fit the stereotype of a real criminal despite the immense scope of the sums. In many cases, it is not possible to understand/identify the damage as it is divided by a large number of victims. The media solution can glorify events and design public attitudes main source of information about criminality for all the public. “The medium is the message”. Findings show that the bias in coverage, affects the 'perception' of risk by people. Creation of messages delivery is by creating a media agenda, public agenda, political agenda. White-collar offences must hold a key spot in the Israeli and Moldavian societies and their main expression is in the development of a culture that is defined as normative. The messages in the war against corruption must include a focused and targeted explanation like: “To the attention of foreign accounts owners”. This is one of the tools to assist in war against white - collar criminality. It is my claim that this tool will prove itself in campaigns when to turn its attention to white-collar crime, hoping that the current financial climate will change. Creation of a focused public awareness regarding the price each citizen pays, out of his own pocket, due to whitecollar criminality by media campaign, will make possible to understand the damage as it is divided by a large number of victims, will contribute to reduction of white-collar criminality in the public sector. Another tool to fight against white collar crime is the informer. This is one of the tools to assist in locating whitecollar criminality or the “justice line”. This tool has proved itself in various campaigns when citizens have reported instances of fraud and deceit, like in the UK .Using the help of opinion leaders like Michael Douglas the actor that had taken a part in campaigns. Operative actions are recommended to perform a campaigns pilot with 3 cities in each district in the state of Israel and Moldova for the duration of two years. Campaigns against corruptions have reached success in Chile, Hong Kong, New South Wales, Australia and Singapore.Item IS WHITE-COLLAR CRIMINALITY CLOSER TO THE RATIONAL MODEL THAN ANY OTHER TYPE MODEL?(CEP USM, 2015) Rub, JacobThe basic premise is that white-collar felons are making non-rational decisions. To our opinion, they are not making decisions according to a calculation of profit or loss from perpetration of a crime as it was stated earlier in the scientific literature. In relation to the above mentioned premises, an illegal behavior is an occasion of a white-collar felon deciding to take the law into his own hands while taking risks. Naturally, the level of values and personality of the felon constitute a significant factor. Our current study offers an examination of deterring through a prism of the white-collar felon, who makes the decision to perpetrate a crime according to irrational components as well. White-collar crime, as family violence, and other socially harmful behaviors, is often excluded from examination. Of our opinion all the rational, social, biological, etc. theories of crimes, are the base of the reasons to make an offence, but in reality, the implementation of white-collar criminality closer to the non-rational model than any other type model. People are seen as less than fully rational. Often they do not make decisions that would appear to be in their own best interest for a variety of reasons. First, people do not always have all of the information they need to make informed decisions, and even if they do, may not have the capacity to optimally process that information. The personalities, experiences and options that of human beings given the choice in life, that it is quite naive to assume that we will all assess the situation similarly and arrive at similar choices. Many criminal events appear not to be very rational choices at all, or at least reflect patterns of decision making quite different from those more typically seen among law-abiding citizens.Item MONEY LAUNDERING AS AN ISOLATED PHENOMENON AND LEADING FACTOR IN WHITE-COLLAR CRIMINALITY, PUTS MOLDOVA CASE JU DICIARY ON THE SPOT(CEP USM, 2015) Rub, JacobMoney laundering is a leading factor in white-collar criminality, with a big effect upon Gross National Product of the Israeli and Moldova economies. Israel and Moldova have made the first steps In order to cope with money laundering phenomenon. The model of handling the phenomenon in the USA has been studied that constitutes a role model of fighting money laundering. The vast majority (77%) of all frauds were committed by individu als working in one of six departments: accounting, operations, sales, executive/upper mana gement, customer service and purchasing. In Moldova, money laundering for the most part is connected to traditional forms and activities sources of illegal proceeds .Moldova is a transit country for money laundering. A money-laundering scandal is casting Moldova’s judiciary in an unfavorable light and is raising concerns about the government’s commitment to reforms needed to keep European Union integration on track. It is a need to address corruption as a national priority, and the priority of the relations between the EU and Moldova. The money laundering scandal indicates that Moldova is reluctant to wade deeply into judicial reform. In fact, the laundered of $20 billion, is an amount more than twice the size of Moldova’s GDP in 2013, and maybe that it is just the tip of the iceberg, probably. White-collar criminality in Israel and Moldova means success of coping of the enforcement and judicial systems. Inorder to cope with this phenomenon, Israel makes its first steps. Anyway, the message must pave the way through a creation of a new model for dealing with reduction the isolated phenomenon of money laundering in both states.Item MONEY LAUNDERING: RING AROUND THE WHITE COLLAR(CEP USM, 2015) Rub, JacobIn mine study I will deal with money laundering as a leading factor in white-collar criminality. The purpose of the present study and the guiding line in this article is to legislative upgrade of white-collar criminality fighting that might be of great importance as we intend to plan the policy of reduction of money Laundering criminality in Israel and Moldova. In order to deal with mine research subject I will express the lookout which I have conducted over a period three years and have included public sector tenders, with the CFE (Collection for the Environment) Recycling Corporation in Israel. It has been found white-collar criminals are usually conventional people who deal with rises or opportunity that leads them to transgress the border temporarily and perpetrate a crime, and it is likely that they would be affected strongly by the punishment process. Therefore the outcome of the study is to produce the necessary steps to reduce the phenomenon of money Laundering crime in Israel and the Republic of Moldova. In order to obtain this purposes and the author has performed some new steps to upgrade and supplement the Law with subjects as: Punishment Origin offences Entities obligated to report, Expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc. Those practical frameworks are necessary steps to reduce the phenomenon of Money Laundering in Israel and the Republic of Moldova by constitutional - legal standpoints.Item PROSECUTION AND PUNISHMENT OF THE “DARK CRIME” OFFENCES: THE WHITE-COLLAR CRIMINALS SHOULD KNOW THAT THE COLLAR OF THE PERPETRATOR OF THE OFFENCE IS NOT “WHITE”(CEP USM, 2014) Rub, JacobThis paper's subject stems from the desire and need to deal with the wide - spread and grave phenomenon of Dark of Crime offences by law offenders, from a constitutional-legal standpoint. Economic Crime in Moldova, as everywhere in former Soviet republics, has risen dramatically since the fall of the Soviet Union. There are about 300 criminal groups and 35 criminal families which control the economic, political and social performance of the country. The monthly traffic of heroin alone is estimated at up to 150-200 kg, and the estimated number of drug addicts has risen from 3,000 to 60,000. Just in 1998, their number grew by 5 times in comparison to 1997. The annual volume of the drugs business in Moldova is estimated at $200-250 m, this figure exceeds annual direct foreign investment in Moldova by 3.5-4 times. Moldova has been transformed into a corrupt and kleptocratic state, with a mafiotic psychology and culture and an amoral nepotism. How else, if not through corruption and lobbyism. The problem of the non-payment of debts can be easily solved with criminal structures playing the role of informal courts, for 50% of the sum. Drug trafficking In addition, on the territory of Moldova there are four channels of drug trafficking. The legislation of Moldova does not even define the term “racket”, that no special measures are envisaged as regards crimes, and that there is no special system and measures adopted as regards the taxation of gambling for example. Certain legal provisions have become more constraining in Moldova. It is estimated that only 2-3% of the white-collar crimes are reported to the Israeli Police, because the handling of these offences is finalized inside the organizations and because crimes are sophisticated and hard to discover. Capital in Israel approaches the rate of 15% of the Gross Domestic Product. About the black capital – 40% of the Israeli public are involved in tax evasions, about 50 billion $ are in circulation in the black market. The damages of fraud criminality in Israel are at a rate of about 1 billion $ whereas the financial damage from scam offences is 24.1% of the total damage of about 3.5 billion $ and since 2001 the total damage of about 13.5 billion $. Israel and Moldova have made the first steps in order the need to cope with money laundering phenomenon. Thus, measures are required for both countries for the fighting with money laundering: Punishment by fine for perpetration in the Law is in order, to increase origin offences, report bar, entities obligated to report, concentrating entity of data pool expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc.Item REDUCTION OF THE WHITE-COLLAR CRIMINALITY IN ISRAEL AND MOLDOVA: PECULIARITIES OF CRIMINAL MISBEHAVIOR AND ITS LEGAL ASPECTS(CEP USM, 2014) Gîrla, Lilia; Rub, JacobItem WHITE-COLLAR CRIME AND FRAUD: THE DEFINITIONAL ISSUE(2016) Gîrla, Lilia; Rub, JacobÎn cadrul acestui articol științific, am decis să elaborăm o definiție comprehensivă pentru crima gulerelor albe, precum și să efectuăm o analiză comparativă a infracțiunii gulerelor albe și a fraudei.Așadar, am formulat câteva definiții care să evidențieze cele mai semnificative trăsături ale crimelor gulerelor albe. Au fost utilizate nu doar surse științifice, dar și reglementări internaționale de ultimă oră în materia prevenirii criminalității gulerelor albe.