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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.
The book consists of the keynote papers delivered at the 2012 WG
Hart Workshop on Globalisation, Criminal Law and Criminal Justice
organised by the Queen Mary Criminal Justice Centre. The volume
addresses, from a cross-disciplinary perspective, the multifarious
relationship between globalisation on the one hand, and criminal
law and justice on the other hand. At a time when economic,
political and cultural systems across different jurisdictions are
increasingly becoming or are perceived to be parts of a coherent
global whole, it appears that the study of crime and criminal
justice policies and practices can no longer be restricted within
the boundaries of individual nation-states or even particular
transnational regions. But in which specific fields, to what
extent, and in what ways does globalisation influence crime and
criminal justice in disparate jurisdictions? Which are the factors
that facilitate or prevent such influence at a domestic and/or
regional level? And how does or should scholarly inquiry explore
these themes? These are all key questions which are addressed by
the contributors to the volume. In addition to contributions
focusing on theoretical and comparative dimensions of globalisation
in criminal law and justice, the volume includes sections focusing
on the role of evidence in the development of criminal justice
policy, the development of European criminal law and its
relationship with national and transnational legal orders, and the
influence of globalisation on the interplay between criminal and
administrative law.
In the past twenty years action in respect of the profits of crime
has moved rapidly up the criminal justice agenda. Not only may
confiscation orders be made,but there are also now serious
substantive criminal offences of laundering the proceeds of crime.
Moreover, the consequences of the regulatory regimes put in place
by the Money Laundering Regulations 1993 and the Financial Services
Authority are very significant. This book examines critically the
history, theory and practice of all these developments, culminating
in the Proceeds of Crime Act 2002, which marks another step in the
move towards greater concentration both on the financial aspects of
crime and on the internationalisation of criminal law. The Act puts
in place the Assets Recovery Agency, which will be central to the
strategy of targeting criminal monies and will have power to bring
forfeiture proceedings without a prior criminal conviction and to
raise assessments to taxation. The author subjects the law of
laundering, especially the novel aspects of the Proceeds of Crime
Act itself, to thorough analysis and a human rights' audit.
Contents: Introduction; The Economics of Money Laundering; Theory:
Justifications for Forfeiture, Confiscation, and Criminalisation;
History of Forfeiture and Confiscation Provisions; The
International Dimension; Forfeiture Provisions; Statutory
Confiscation Provisions; Investigatory Powers; Beyond Confiscation
- Criminalisation; Acquisition and Deployment of Money for
Terrorism; Confiscation without Conviction - 'Civil Recovery';
Money Laundering and the Professions
The book consists of the keynote papers delivered at the 2012 WG
Hart Workshop on Globalisation, Criminal Law and Criminal Justice
organised by the Queen Mary Criminal Justice Centre. The volume
addresses, from a cross-disciplinary perspective, the multifarious
relationship between globalisation on the one hand, and criminal
law and justice on the other hand. At a time when economic,
political and cultural systems across different jurisdictions are
increasingly becoming or are perceived to be parts of a coherent
global whole, it appears that the study of crime and criminal
justice policies and practices can no longer be restricted within
the boundaries of individual nation-states or even particular
transnational regions. But in which specific fields, to what
extent, and in what ways does globalisation influence crime and
criminal justice in disparate jurisdictions? Which are the factors
that facilitate or prevent such influence at a domestic and/or
regional level? And how does or should scholarly inquiry explore
these themes? These are all key questions which are addressed by
the contributors to the volume. In addition to contributions
focusing on theoretical and comparative dimensions of globalisation
in criminal law and justice, the volume includes sections focusing
on the role of evidence in the development of criminal justice
policy, the development of European criminal law and its
relationship with national and transnational legal orders, and the
influence of globalisation on the interplay between criminal and
administrative law.
The Bribery Act 2010 is the most significant reform of UK bribery
law in a century. This critical analysis offers an explanation of
the Act, makes comparisons with similar legislation in other
jurisdictions and provides a critical commentary, from both a UK
and a US perspective, on the collapse of the distinction between
public and private sector bribery. Drawing on their academic and
practical experience, the contributors also analyse the prospects
for enforcement and the difficulties facing lawyers seeking asset
recovery following the laundering of the proceeds of bribery.
International perspectives are provided via comparisons with the
law in Spain, Hong Kong, the USA and Italy, together with broader
analysis of the application of the law in relation to EU
anti-corruption initiatives, international development and the arms
trade.
This book contains original essays by a distinguished group of
jurists from six different European countries confronting the
increasing range of legal and philosophical issues arising from the
relationship between privacy and the criminal law. The collection
is particularly timely in light of the incorporation into English
law of the European Convention on Human Rights. It compares legal
cultures and underlying assumptions with regard to the private
sphere,personal autonomy and the supposed justifications for State
interference through criminalization and the implementation of
substantive criminal law. The book moves from treatment of general
ideas like the relationship between sovereignty, the nation-state
and substantive criminal law in the new European context, (with its
concomitant aspiration towards the establishment of transnational
morality) to more detailed consideration of specific areas of
substantive law and procedure, viewed from a range of perspectives.
Areas considered include euthanasia, surrogacy, female genital
mutilation and sado-masochism.
The fallout from the financial crisis of 2007-8, HSBC Suisse in
2015, and the Panama Papers in 2016 has generated calls for far
more vigorous and punitive responses to tax evasion and greater
international co-operation against mechanisms for giving anonymity
to the ownership of property. One mechanism to ensure compliance is
the use of the criminal justice system. The announcement in 2013 by
the then Director of Public Prosecutions, Keir Starmer, of a policy
of increasing rates of prosecution for tax evasion raised squarely
the issue of whether increased involvement of criminal law and
criminal justice in tax evasion would be justifiable or not. The
relationship between tax evasion and the proceeds of crime is
taking on increasing importance: treating the 'proceeds of criminal
tax evasion' as falling within the 'proceeds of crime' regime
inevitably expands the scope of both. In this book, Peter Alldridge
considers the development of the offences and the relationship
between tax evasion offences and other criminal offences; the
relevant rules of evidence; prosecution structures, decision-making
processes, and alternatives to prosecution. Specific topics include
offshore evasion and the relationship of tax evasion with other
crimes and aspects of the criminal justice system. A topical and
lively discussion of a heated debate.
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