What Went Wrong With Money Laundering Law

This book surveys the development of laws surrounding the crime of money laundering and the associated changes in the anti-money laundering (AML) industry.

Author: Peter Alldridge

Publisher: Springer

ISBN: 9781137525369

Category: Social Science

Page: 81

View: 973

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This book surveys the development of laws surrounding the crime of money laundering and the associated changes in the anti-money laundering (AML) industry. The policy of attempting to deal with crime by attacking its financial products started in the arena of drugs, but quickly moved to organised crime, terrorism, corruption and tax. Now the focus has shifted once again to organised crime and to immigration. In the wake of the failure of the ‘war on drugs' a huge amount of money is now being spent on a global surveillance and reporting system, and we do not know whether the system works or not. What Went Wrong With Money Laundering Law? documents the events which, taken independently, could each be seen as rational responses to specific problems and as incremental adjustments to the focus of the law. Taken together, however, it is demonstrated that they have led to significant changes in the law and to the current situation. Underlying the entire AML industry is the crime of money laundering, which, having been devised more to provide a trigger for the reporting machinery than to describe and condemn a particular category of harmful behaviour, is now being used in a far wider range of cases than is appropriate. This book will be of great interest to scholars and practitioners of criminal and financial law, socio-legal studies and criminology.
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Money Laundering Law and Regulation

This title provides a practical, comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organised crime.

Author: Robin Booth

Publisher: Oxford University Press

ISBN: 9780199543038

Category: Law

Page: 484

View: 184

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Money Laundering Law and Regulation is a practical and comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organised crime. The book explains the genesis of the current regime, placing it in the international and regional context. It also provides a chapter-by-chapter analysis of the current law, explaining and analysing key concepts; the statutory framework and individual offences; the developing case law; the Suspicious Activity Reporting regime and problems in its implementation, terrorist financing and money laundering; sentencing, civil recovery and confiscation; and jurisdictional issues. They conclude by looking at the practice of those tasked with prosecuting or defending offences by setting out the powers of investigation and prosecution under POCA and SOCPA and analysing the policy of the various prosecuting bodies, and finally looking at the practicalities of defending, particularly in respect of parallel civil and criminal proceedings, funding and Human Rights Act considerations. The authors comprise an expert team of barristers, including Robin Booth, Chair of the Law Society's Money Laundering Task Force and former head of the Fraud Division of the CPS.
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Research Handbook on Money Laundering

The contributors to this volume academics, practitioners and government representatives from around the world offer a number of unique perspectives on different aspects of money laundering.

Author: Brigitte Unger

Publisher: Edward Elgar Publishing

ISBN: 9780857934000

Category: Business & Economics

Page: 520

View: 907

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Although the practice of disguising the illicit origins of money dates back thousands of years, the concept of money laundering as a multidisciplinary topic with social, economic, political and regulatory implications has only gained prominence since the 1980s. This groundbreaking volume offers original, state-of-the-art research on the current money laundering debate and provides insightful predictions and recommendations for future developments in the field. The contributors to this volume academics, practitioners and government representatives from around the world offer a number of unique perspectives on different aspects of money laundering. Topics discussed include the history of money laundering, the scale of the problem, the different types of money laundering, the cost to the private sector, and the effectiveness of anti-money laundering policies and legislation. The book concludes with a detailed and insightful synthesis of the problem and recommendations for additional steps to be taken in the future. Students, professors and practitioners working in economics, banking, finance and law will find this volume a comprehensive and invaluable resource.
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Anti Money Laundering Regulation and Compliance

Anti-Money Laundering Regulation and Compliance: Key Problems and Practice Areas is a comprehensive treatment of the Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) compliance programs, recordkeeping and reporting ...

Author: Alexander Dill

Publisher: Edward Elgar Publishing

ISBN: 9781788974844

Category: Law

Page: 288

View: 355

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Anti-Money Laundering Regulation and Compliance: Key Problems and Practice Areas is a comprehensive treatment of the Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) compliance programs, recordkeeping and reporting requirements, and the best practices under the Bank Secrecy Act (BSA) and sanctions regulatory regimes. AML/CFT and sanctions provisions are highly interrelated. Onboarding and customer due diligence requirements generate the data entered into transaction monitoring and screening systems.
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Anti money Laundering Law Socio legal Perspectives on the Effectiveness of German Practices

In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, the Lux leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more ...

Author: Verena Zoppei

Publisher: Springer

ISBN: 9789462651807

Category: Law

Page: 214

View: 896

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In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, the Lux leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests. Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will be of interest to both international policymakers and consultants as well as their counterparts in Germany for instance working on improving the instruments to fight organized crime and prevent the financing of terrorism through money laundering. The complexity of the anti-money laundering regime and all the variables are exhaustively and critically reviewed in the assessment, thereby providing complete instructions for future legislative steps. The case study regarding the situation in Germany maximizes readers’ insights into concrete effects of the implementation of international anti-money laundering standards at a national level, and the opinions of professionals working in the field and of experts on the law-making process are also illuminating. Moreover, the book equips non-German speakers with the information needed to deal with the extensive German legal scholarly production on article 261 of the German criminal code and the current internal political debate on the matter. Verena Zoppei is a Fellow Researcher at the International Security Division of the German Institute for International and Security Affairs in Berlin. Specific to this book: • Broadens your understanding of the complexity of the anti-money laundering regime • Provides complete instructions for future legislative steps • Offers a qualitative and multidisciplinary approach of the money laundering offence • Also equips non-German readers/speakers with a handle on the extensive German legal scholarly production on article 261 of the German criminal code This is Volume 12 in the International Criminal Justice Series
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International Guide to Money Laundering Law and Practice

"Starting with an overview of the development of money laundering and the work of international organisations, International Guide to Money Laundering Law and Practice is a unique publication providing a detailed insight into the background ...

Author: Arun Peter Srivastava

Publisher:

ISBN: 152650233X

Category: Banks and banking

Page: 1554

View: 594

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"Starting with an overview of the development of money laundering and the work of international organisations, International Guide to Money Laundering Law and Practice is a unique publication providing a detailed insight into the background of money laundering operations, clearly explaining the anti-money laundering laws and regulations in 35 key global financial centres throughout the world. In addition, there are four chapters considering money laundering law and practice in the UK with the emphasis on the legal and regulatory framework and include: a chapter on the accounting and auditing issues; and a chapter on confiscating the proceeds of crime written by Jonathan Fisher, QC, a leading barrister specialising in corporate and financial crime, proceeds of crime and tax cases. It also contains a chapter covering international responses and initiatives to money laundering. The fifth edition covers, amongst other things, the implementation of the Fifth EU Money Laundering Directive and the Criminal Finances Bill. Written by local experts and edited by a team from Baker McKenzie's Financial Services Group, International Guide to Money Laundering Law and Practice is the leading, authoritative text on this heavily regulated area of law. It is essential for all banking and finance practitioners involved in anti-money laundering, banks, compliance officers and regulators in order to keep abreast of the developments and compliant with the law and regulations internationally."--
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A Guide to Money Laundering Law and Regulation

As a former senior member of the Council of the Law Association of Trinidad and Tobago, he spearheaded major national legal initiatives aimed at protecting the public's interest, including the review of prisoners' rights and Constitutional ...

Author: Ravi Rajcoomar

Publisher: Xlibris Corporation

ISBN: 9781477137505

Category: Law

Page: 296

View: 252

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Ravi Rajcoomar, one of the Caribbean's leading attorneys, was born in Trinidad, WI, and spent his early years in the United Kingdom. An academic scholar, he studied law at the UWI, Cavehill and Hugh Wooding Law School before starting his prodigious practice in criminal and civil law from1987 in Trinidad and Tobago, working in some of the country's most prestigious law firms, alongside legal luminaries such as Karl Hudson Phillips, QC and the late Desmond Allum, QC. A married father of four, he's currently attached to Trinity Chambers in Port of Spain. Known for his unique legal acumen, he has litigated in some of the region's most prominent and groundbreaking criminal and civil cases, many of which set legal precedent in the Caribbean and Commonwealth region in the past 25 years. As a founding member and executive officer of the Criminal Bar Association of T&T, he pioneered several domestic legal initiatives, including reform in the Magisterial Courts, legislation for DNA, paper committals and copyright infringement, use of witnesses statements in trials, visual recordings of police interviews, the Financial Investigation Unit and compliance and competition economics in the Caricom region. As a former senior member of the Council of the Law Association of Trinidad and Tobago, he spearheaded major national legal initiatives aimed at protecting the public's interest, including the review of prisoners' rights and Constitutional Reform. Rajcoomar has also authored publications in Lawyer on Abuse of Process in Criminal Law and DNA and the Criminal Law, as well as A guide for Money Laundering Law & Regulation in Trinidad and Tobago.' He's also lectured at the Hugh Wooding Law School since 2005, and currently serves as a Commissioner of the Trinidad and Tobago Securities Exchange Commission.
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Controlling Money Laundering in India Problems and Perspectives

'Money-Laundering' - A sophisticated crime not to be taken very seriously at the first glance by anyone in the society as compared to street crimes.

Author: Vijay Kumar Singh

Publisher:

ISBN: OCLC:1290689465

Category:

Page: 50

View: 877

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'Money-Laundering' - A sophisticated crime not to be taken very seriously at the first glance by anyone in the society as compared to street crimes. To give a head start to this paper, researcher wanted to limit the paper to National context, but was not able to do so as it was not at all possible due to the fact that any instance of money laundering would have a tinge of international flavour as money laundering typically involves transferring money through several countries in order to obscure its origin. It was difficult to discuss the topic of money-laundering nationally in abstract. If done so, would have appeared as a patchwork. To have a comprehensive paper, the researcher discusses the theme of the paper in three parts. Part I opens up with explaining the concepts and processes of money laundering pointing out the challenges and losses and is a kind of primer to money laundering. As observed earlier, money laundering essentially involves a foreign ground for washing - laundering the dirty money - proceeds of crime, Part II moves with elaborating the international developments and control mechanisms to deal with the problem of money laundering. In light of the aforesaid discussion Part III proceeds to analyze the position of India in controlling money laundering keeping up with the mandate of international forum. India is proposing to update its anti-money-laundering law and a Bill of 2008 is waiting for enforcement. A comparative analysis of the Bill of 08 is done in one of the sub-parts of the paper. To sum up the paper various problems and loopholes in implementation of the anti-money-laundering laws are discussed putting forth few humble suggestions to have a balanced anti-money-laundering regime.
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Money Laundering Laws

This essay discussed the definition of money laundering, why money laundering is seen as problem, how the money is laundered, reasons for tackling money laundering, effects of money laundering, measures taken by international community, ...

Author: Goher Sajjad Khan

Publisher: LAP Lambert Academic Publishing

ISBN: 3847304372

Category:

Page: 60

View: 841

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This essay discussed the definition of money laundering, why money laundering is seen as problem, how the money is laundered, reasons for tackling money laundering, effects of money laundering, measures taken by international community, evolution of money laundering control, UN convention of 1988, FATF and effects of FATF on privacy and Britain's response to money laundering. The problem of money laundering arises few decades back. It is very complicated and lethal crime. It is changing its ways on daily basis. This is one of the main reasons that till now the experts couldn't give compact definition to this crime. Absence of compact definition is forcing the law enforcers to remain vigilant. For this purpose the duty of reporting the crime of money laundering is imposed on bank, financial intuitions and many other people from different independent professions. In case of failure the penalties for banks and financial institutions are very harsh. The nature of this crime has forced the countries to make very strict laws to combat money laundering crime. But these strict laws have some negative effects. The most important effect is on the privacy of people.
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Money Laundering

This book gives a broad analysis of the legal issues raised by the international fight against money laundering.

Author: Guy Stessens

Publisher: Cambridge University Press

ISBN: 9781139428460

Category: Law

Page: 460

View: 369

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This book gives a broad analysis of the legal issues raised by the international fight against money laundering. It offers an extensive comparative research of the criminal and preventive law aspects from an international perspective. Stessens portrays money laundering as a new criminal trend threatening both national and international societies which must be addressed multilaterally through banking practice, international conventions and human rights. Most of this volume is devoted to specific legal problems that spring from the international nature of the money laundering phenomenon. It contains a most detailed overview on the rules and practices of international co-operation in the fight against money laundering. The publication gives a thorough examination of the exchange of information, lifting banking secrecy, and seizing and confiscating assets, as well as the jurisdictional questions that inevitably arise in this context. The result is a rich and detailed study of international and comparative law.
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