Criminal Financethe Political Economy Of Money Laundering In A Comparative Legal Context

Author : Kris Hinterseer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041198644
Total Pages : 514 pages
Book Rating : 4.48/5 ( download)

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Download or read book Criminal Finance:The Political Economy of Money Laundering in a Comparative Legal Context written by Kris Hinterseer and published by Kluwer Law International B.V.. This book was released on 2002-05-13 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.

Author : J. C. Sharman
Publisher : Cornell University Press
ISBN 13 : 080146319X
Total Pages : 215 pages
Book Rating : 4.98/5 ( download)

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Download or read book The Money Laundry written by J. C. Sharman and published by Cornell University Press. This book was released on 2011-10-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: A generation ago not a single country had laws to counter money laundering; now, more countries have standardized anti–money laundering (AML) policies than have armed forces. In The Money Laundry, J. C. Sharman investigates whether AML policy works, and why it has spread so rapidly to so many states with so little in common. Sharman asserts that there are few benefits to such policies but high costs, which fall especially heavily on poor countries. Sharman tests the effectiveness of AML laws by soliciting offers for just the kind of untraceable shell companies that are expressly forbidden by global standards. In practice these are readily available, and the author had no difficulty in buying the services of such companies. After dealing with providers in countries ranging from the Seychelles and Somalia to the United States and Britain, Sharman demonstrates that it is easier to form untraceable companies in large rich states than in small poor ones; the United States is the worst offender. Despite its ineffectiveness, AML policy has spread via three paths. The Financial Action Task Force, the key standard-setter and enforcer in this area, has successfully implemented a strategy of blacklisting to promote compliance. Publicly identified as noncompliant, targeted states suffered damage to their reputation. Subsequently, officials from poor countries became socialized within transnational policy networks. Finally, international banks began using the presence of AML policy as a proxy for general country risk. Developing states have responded by adopting this policy as a functionally useless but symbolically valuable way of reassuring powerful outsiders. Since the financial crisis of 2008, the G20 has used the successful methods of coercive policy diffusion pioneered in the AML realm as a model for other global governance initiatives.

Author : Donato Masciandaro
Publisher : Edward Elgar Publishing
ISBN 13 : 1782543473
Total Pages : 281 pages
Book Rating : 4.73/5 ( download)

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Download or read book Black Finance written by Donato Masciandaro and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black Finance will be a valuable and accessible tool for scholars and academics, principally in economics, though also in politics and law, as well as for regulators and supervisory institutions.

Author : Emmanuel Ioannides
Publisher : Routledge
ISBN 13 : 1317131347
Total Pages : 200 pages
Book Rating : 4.42/5 ( download)

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Download or read book Fundamental Principles of EU Law Against Money Laundering written by Emmanuel Ioannides and published by Routledge. This book was released on 2016-04-22 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.

Author : Rohan D. Clarke
Publisher : Taylor & Francis
ISBN 13 : 1000785963
Total Pages : 228 pages
Book Rating : 4.68/5 ( download)

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Download or read book Illicit Finance and the Law in the Commonwealth Caribbean written by Rohan D. Clarke and published by Taylor & Francis. This book was released on 2022-11-18 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provokes fresh ways of thinking about small developing States within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). From the global wars on drugs and terror to journalistic exposés such as the ‘Paradise’, ‘Panama’ and ‘Pandora’ Papers, the Commonwealth Caribbean has been discursively stigmatised as a mythical island paradise of ‘rogue’ States. Not infrequently, their exercise of regulatory self-determination has been presented as the selling of their economic sovereignty to facilitate shady business deals and illicit finance from high-net-worth individuals, kleptocrats, tax-dodgers, organised crime networks and terrorist financiers. This book challenges conventional wisdom that Commonwealth Caribbean States are among the ‘weakest links’ within the global ecosystem to counter illicit finance. It achieves this by unmasking latent interests, and problematising coercive extraterritorial regulatory and surveillance practices, along the onshore/offshore and Global North/South axes. Interdisciplinary in its outlook, the book will appeal to policymakers, regulatory and supervisory authorities, academics and students concerned with better understanding legal and development policy issues related to risk-based regulatory governance of illicit finance. The book also provides an interesting exposition of substantive legal and policy issues arising from money laundering related to corruption and politically exposed persons, offshore finance, and offshore Internet gambling services.

Author : R.C.H. Alexander
Publisher : Routledge
ISBN 13 : 1317116054
Total Pages : 289 pages
Book Rating : 4.59/5 ( download)

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Download or read book Insider Dealing and Money Laundering in the EU: Law and Regulation written by R.C.H. Alexander and published by Routledge. This book was released on 2016-05-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a comparative study of the provisions relating to insider dealing under the EC Insider Dealing Directive. The volume begins with a discussion of the rationale for regulating financial services in general and controlling insider dealing and money-laundering in particular. It examines the definition of an insider and of inside information and the various criminal offenses relating to insider dealing. The role of money-laundering is also recognized and the anti-money laundering regime as well as the considerable impact on the financial sector is discussed in detail. The work assesses the efficacy of criminal law in controlling insider dealing and considers the increasing trend to deal with it by means of civil/administrative measures.

Author : Mary Michelle Gallant
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781958094
Total Pages : 176 pages
Book Rating : 4.92/5 ( download)

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Download or read book Money Laundering and the Proceeds of Crime written by Mary Michelle Gallant and published by Edward Elgar Publishing. This book was released on 2005-01-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pursuit of the financial proceeds of criminal activity has become a central theme of contemporary crime control. Initially conceived to tackle the global trade in illegal drugs, these methods have been more recently employed in the context of terrorism. This work offers a judicious account of the national and international strategies which seek to cope with crime by attacking its financial underpinnings. The book focuses on the increasingly civil legal orientation of these strategies - a sea change from criminal prosecutions to civil legal instruments. The author focuses on developments of the civil strategy in the US and the UK beginning with its historical origins. The work reveals the contradictions that animate the civil approach to criminal finance and discloses the failure of civil devices, as presently constituted, to comply with rights. It bridges the gap between two jurisdictions prominent in this area; the United States and the United Kingdom. This comparative element distinguishes the project from other work in the field that focuses on a single jurisdiction. Critical in its perspective, the work brings balance and reflection to an emergent area of national and international interest.

Author : Ester Herlin-Karnell
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319548
Total Pages : 205 pages
Book Rating : 4.48/5 ( download)

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Download or read book The Constitutional Dimension of European Criminal Law written by Ester Herlin-Karnell and published by Bloomsbury Publishing. This book was released on 2012-05-31 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law is one of the most rapidly changing areas of contemporary EU law and integration. The Treaty of Lisbon has elevated it to a central place in the constitution of the EU, within the dynamic area of freedom, security and justice. The phenomenon of EU criminal law as such is however far from new but has developed on an ad hoc basis, not least as a result of the case law of the European Court of Justice. Central to the Court's reasoning in this area has been the principle of effectiveness. A main theme running through the book is therefore the role of the axiom of effectiveness, which is critically examined, with particular attention to its use by the European Ccurt of Justice in recent leading cases. This book explores the constitutional principles underlying it, both those determining the substantive values it embodies, and those determining its scope and extent. Other chapters consider the phenomenon of preventative criminalisation at EU level and the protection of subsidiarity and proportionality in EU criminal law. The balance between effective EU action, proper control of competence and adequate protection of individual rights is of growing importance as EU criminal law expands, but, as this book suggests, has not yet been fully articulated or entrenched by the institutions of the EU.

Author : Roberto Durrieu
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004207155
Total Pages : 506 pages
Book Rating : 4.58/5 ( download)

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Download or read book Rethinking Money Laundering & Financing of Terrorism in International Law written by Roberto Durrieu and published by Martinus Nijhoff Publishers. This book was released on 2013-05-16 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.

Author : Angela Veng Mei Leong
Publisher : Routledge
ISBN 13 : 131703550X
Total Pages : 292 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Disruption of International Organised Crime written by Angela Veng Mei Leong and published by Routledge. This book was released on 2016-03-16 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing the structures of transnational organized crime, this book considers whether traditional mechanisms and national jurisdictions can tackle this increasing menace. Highlighting the strengths and weaknesses in the present methods of control, the book discusses the possibilities of developing more effective national and international strategies, the creation of non-legal mechanisms outside the traditional criminal justice system and the implications of 'disruption strategies'. The roles of law enforcement officers, tax investigators, financial intelligence officers, compliance officers, lawyers and accountants - in enforcing both civil and criminal sanctions on organized crime - are also considered.