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All the major financial centres have experienced a rise in
anti-money laundering rules and regulations. Initially, anti-money
laundering laws were used as a weapon in the war on drugs, whilst
more recently they have been deployed in the ongoing fight against
terrorism. These developments, the authors reveal, have had serious
consequences for banks and other financial institutions - affecting
not only profit margins but also the way in which business is
conducted. Topical and pertinent issues addressed in this book
include questions such as, has all the recent legislative activity
really put a stop to the problem? Are the international rules being
implemented as carefully as they should? How level is the playing
field in cross border banking? The regimes and implementation of
anti-money laundering laws and regulations of four major, cross
border, financial centres are also examined in depth: Switzerland,
Singapore, the UK, and the USA. Going beyond the purely
descriptive, there are comparative analyses of these countries
against existing international standards - with illuminating
results. This new book is full of original insight and analysis and
will be an invaluable resource for lawyers, both scholarly and
practitioner based, with an interest in economic crime as well as
policymakers and compliance officers within banks and other
financial institutions.
With industrialization and globalization, corporations acquired the
capacity to influence social life for good or for ill. Yet,
corporations are not traditional objects of criminal law. Justified
by notions of personal moral guilt, criminal norms have been judged
inapplicable to fictional persons, who 'think' and 'act' through
human beings. The expansion of new corporate criminal liability
(CCL) laws since the mid-1990s challenges this assumption. Our
volume surveys current practice on CCL in 15 civil and common law
jurisdictions, exploring the legal conditions for liability, the
principles and options for sanctioning, and the procedures for
investigating, charging and trying corporate offenders. It
considers whether municipal CCL laws are converging around the
notion of 'corporate culture', and, in any case, the implications
of CCL for those charged with keeping corporations, and other legal
entities, out of trouble.
In declaring the war against terrorism President George W. Bush
also declared war on the financing of terrorism. The call to arms
has been complemented by a concerted effort world-wide to track
down and freeze the assets of suspected terrorists and financial
institutions have risen to these challenges over the last year
contributing their expertise gathered mostly through techniques to
combat money laundering. In this book bankers, regulators and
academics pose a variety of questions from their individual
perspectives: To what extent are new laws really new? What can
financial institutions realistically contribute to the suppression
of terrorist financing? Can individual rights be protected in these
circumstances? These questions are analysed by experts who come up
with some thought provoking answers.
In declaring the war against terrorism President George W. Bush
also declared war on the financing of terrorism. The call to arms
has been complemented by a concerted effort world-wide to track
down and freeze the assets of suspected terrorists and financial
institutions have risen to these challenges over the last year
contributing their expertise gathered mostly through techniques to
combat money laundering. In this book bankers, regulators and
academics pose a variety of questions from their individual
perspectives: To what extent are new laws really new? What can
financial institutions realistically contribute to the suppression
of terrorist financing? Can individual rights be protected in these
circumstances? These questions are analysed by experts who come up
with some thought provoking answers.
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Corporate Criminal Liability - Emergence, Convergence, and Risk (English, French, Spanish, Paperback, 2011 ed.)
Mark Pieth, Radha Ivory
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Discovery Miles 19 430
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With industrialization and globalization, corporations acquired the
capacity to influence social life for good or for ill. Yet,
corporations are not traditional objects of criminal law. Justified
by notions of personal moral guilt, criminal norms have been judged
inapplicable to fictional persons, who 'think' and 'act' through
human beings. The expansion of new corporate criminal liability
(CCL) laws since the mid-1990s challenges this assumption. Our
volume surveys current practice on CCL in 15 civil and common law
jurisdictions, exploring the legal conditions for liability, the
principles and options for sanctioning, and the procedures for
investigating, charging and trying corporate offenders. It
considers whether municipal CCL laws are converging around the
notion of 'corporate culture', and, in any case, the implications
of CCL for those charged with keeping corporations, and other legal
entities, out of trouble.
The OECD Convention on Bribery established an international
standard for compliance with anti-corruption rules, and has
subsequently been adopted by the thirty-four OECD members and six
non-member countries. As a result of the Convention and national
implementation laws, companies and managers now risk tough
sanctions if they are caught bribing foreign officials. The UK
Bribery Act 2010 is only one example of this development. The
second edition of this, the only commentary on the Convention,
provides law practitioners, company lawyers and academic
researchers with comprehensive guidance on the OECD standards. It
includes case examples as well as the FCPA Resource Guide 2012 and
the 2009 OECD Recommendation for Further Combating Bribery of
Foreign Public Officials with Annexes I and II.
The OECD Convention is the first major international treaty
specifically to address 'supply-side bribery' by sanctioning the
briber. The OECD Convention establishes an international standard
for compliance with anti-corruption rules by 36 countries,
including the 30 OECD members and six non-member countries, with
the leading OECD exporting countries receiving particular
attention. This book is an article-by-article commentary which
gives particular attention to the results of the OECD monitoring
process as applied to state implementation. Companies in particular
are at ever greater risk of legal and 'reputational' damage
resulting from failure to comply with the anti-corruption standards
set inter alia, by the OECD Convention. This book provides them
with comprehensive guidance on the OECD standards. The commentary
also constitutes a significant work of comparative criminal law. It
is written and edited by persons who include experts involved in
development of the Convention standards as well as academics and
legal practitioners.
Corruption undermines nearly all key legal and developmental
priorities today, including the effective functioning of democratic
institutions and honest elections; environmental protection; human
rights and human security; international development programs; and
fair competition for global trade and investment. This book
chronicles the global anticorruption steps taken since the movement
advanced after the end of the Cold War. It provides a realistic
assessment of the present state of affairs by critically evaluating
what existing anticorruption programs and treaties have
accomplished and documenting their shortcomings, while developing
an action agenda for the next decade. The authors argue that
reformative action is imperative, and the forces of globalization
and digital communication will level the playing field and erode
the secrecy corruption requires. They define corruption, document
its effects, discuss the initiatives that changed public
perception, analyze the lessons learned, and then evaluate how to
move forward with existing initiatives charting a new path with
new, differentiated strategies.
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