The study on crime process and modus operandi of hollowing out a financial institution’s assets

• Main Authors: LIU,MEI-LING, 劉美玲
• Other Authors: SHEU, CHUEN-JIM
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/51232272998508041399

碩士 === 國立臺北大學 === 犯罪學研究所 === 101 === The study of financial crime among criminology in Taiwan has not been abundant, which is unlike the study of violence crime, drug crime, and corruption crime. This study expects we can consider the process of financial crime from the angle of criminology and step forward to discover the strategy of preventing the crime of hollowing out financial intuition's assets. The Chinese Bank of the Rebar Group is the target case of this study. From the aspect of the distributions of decisions and resources in the bank, this study analyzes the person who has the final control of authority to this bank. Through collecting and studying related documents and judgments of the crimes in terms of emptying out financial intuition's assets across the world as well as interviewing the prosecutor and financial regulator, this study tries to dig out the senior management's crime process and modus operandi of embezzling the bank's funds. This study has found that the modus operandi involved in the Chinese Bank case mainly includes overvaluing the collaterals, faking credit and investment assessment reports, dominating the board to approve loans, selling bad loans to related person through collusive bidding, and so on. With Crime Process Theory to examine the modus operandi above, we also have found that the majority of criminals often rationalize their illegal behavior by stating they are independent of that. The continuous illegal behavior mainly results from ineffective internal controls and regulatory enforcement, and lacking strength on judicial investigation. This study proposes the strategy and suggestions below to prevent it from happening again: enhancing the mechanism of internal controls of financial institutions, strengthening the corporate governance, implementing stringent on-site examination, showing deterrence to financial crime, and reinforcing criminal justice system. Accordingly we hope that the competitive regulator and justice authority can develop or amend related rules, systems, and judicial process to help financial institutions to fully implement corporate governance, to carry out the social liabilities, and to stabilize the financial system.