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Author: Michele Sciurba
Publisher: Edition Faust
ISBN: 3945400627
Category : Law
Languages : en
Pages : 139
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Book Description
This monograph offers a comprehensive analysis of the implementation of global anti-money laundering and counter-terrorism financing (AML/CTF) regulations in the United States and the European Union. It provides academics, legal professionals and interested readers with a deep understanding of the developments of the AML/CTF legal framework and guides them into the dimension of its most difficult relation with international and European human rights law. The implementation of global anti-money laundering regulations in the United Stated and the European Union has essentially led to the suspension of laws governing privacy and bank secrecy. Banks and other financial institutions now operate as an extension of law enforcement. The current Anti-Money Laundering regime jeopardises the fundamental achievements of the constitutional state. The increasing centralisation and cooperation of the competent authorities in the exchange of personal data information creates a security architecture that leads to a considerable risk of freedom restriction. In particular, the extension of the authorities ́ power of intervention granting them access to citizens ́ personal data without the need for initial suspicion underlines that a substantial part of the constitutional state is at risk. Furthermore, banks appear to use these policies as an instrument to clear legitimate but less profitable customers, in particular those with a migration background. Consequently, the implementation of the AML/CTF legal framework appears to follow a discriminatory path and clearly discloses incompatibility features with respect to the European Convention on Human Rights and Article 21 of the Charter of Fundamental Human Rights of the European Union. This monograph further explores factors contributing to the inefficiency of AML/CTF regulatory and legislative measures. Such factors are identified in inconsistent rules, which make the cooperation among national investigative authorities within the EU and at an international level more challenging. As a result, this work acknowledges regulatory and legislative harmonisation with respect to AML/CTF regimes as a central tool to successfully improve the effectiveness of AML/CTF regimes, while preserving the individual right to privacy, due process and civil rights.
Author: Michele Sciurba
Publisher: Edition Faust
ISBN: 3945400627
Category : Law
Languages : en
Pages : 139
Get Book
Book Description
This monograph offers a comprehensive analysis of the implementation of global anti-money laundering and counter-terrorism financing (AML/CTF) regulations in the United States and the European Union. It provides academics, legal professionals and interested readers with a deep understanding of the developments of the AML/CTF legal framework and guides them into the dimension of its most difficult relation with international and European human rights law. The implementation of global anti-money laundering regulations in the United Stated and the European Union has essentially led to the suspension of laws governing privacy and bank secrecy. Banks and other financial institutions now operate as an extension of law enforcement. The current Anti-Money Laundering regime jeopardises the fundamental achievements of the constitutional state. The increasing centralisation and cooperation of the competent authorities in the exchange of personal data information creates a security architecture that leads to a considerable risk of freedom restriction. In particular, the extension of the authorities ́ power of intervention granting them access to citizens ́ personal data without the need for initial suspicion underlines that a substantial part of the constitutional state is at risk. Furthermore, banks appear to use these policies as an instrument to clear legitimate but less profitable customers, in particular those with a migration background. Consequently, the implementation of the AML/CTF legal framework appears to follow a discriminatory path and clearly discloses incompatibility features with respect to the European Convention on Human Rights and Article 21 of the Charter of Fundamental Human Rights of the European Union. This monograph further explores factors contributing to the inefficiency of AML/CTF regulatory and legislative measures. Such factors are identified in inconsistent rules, which make the cooperation among national investigative authorities within the EU and at an international level more challenging. As a result, this work acknowledges regulatory and legislative harmonisation with respect to AML/CTF regimes as a central tool to successfully improve the effectiveness of AML/CTF regimes, while preserving the individual right to privacy, due process and civil rights.
Author: Fabian Teichmann
Publisher: Kluwer Law International B.V.
ISBN: 9403537434
Category : Law
Languages : en
Pages : 253
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Book Description
How exactly is money laundered? The answer to this question is not well understood – and for this very reason, costly prevention measures remain ineffective. This much-needed book provides the first in-depth explanation of the methods used by intelligent criminals to amass wealth from large-scale trafficking in drugs, arms, and human beings, as well as from less odious crimes. The author shows clearly not only why existing approaches to combat money laundering are bound to fail but also how money launderers easily circumvent such measures. Based on qualitative interviews with both alleged criminals and prevention experts, detailed illustrations of concrete steps taken by intelligent and specialized perpetrators of money laundering allow practitioners to anticipate and effectively combat this type of crime. The author fully documents such aspects of money launderers’ behaviour as the following: resources required; dealing with detection risks; and international mobility. A central chapter covers in depth the various markets, institutions, and facilities that are particularly favourable to money laundering, and original insights accompany the presented findings with relevant quotations from the interviewees. The author offers tailored recommendations for different professional groups, including bankers, prosecutors, defence lawyers, and judges. In its critical questioning of the logic behind anti-money laundering regulations and their costly implementation, the book demonstrates that either the existing measures of prevention are drastically tightened and extended to almost all branches of the economy or the financial sector is relieved of the burden it bears and alternative ways of fighting this type of crime are sought instead. It will prove enormously valuable to understanding and investigating white-collar and financial crime, and be welcomed by practitioners and professionals in financial markets, banking, criminal lawyers, and compliance experts, as well as academia.
Author: Mick Still
Publisher: GRIN Verlag
ISBN: 334601424X
Category : Social Science
Languages : en
Pages : 61
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Book Description
Master's Thesis from the year 2018 in the subject Sociology - Law, Delinquency, Abnormal Behavior, grade: 1,0, Coventry University, language: English, abstract: The aim of this work is to provide sufficient information on the most significant key facts of money laundering and the negative impact of terrorism and organised crime on economy, companies, and society. To provide essential basics, the project will begin with the origin and definitions of the terms "money laundering" (ML) and "terrorist financing" (TF), and the differences between the two terms. Additionally, the most relevant legislations and law enforcement units addressing the issue will be demonstrated. Because of the complexity of local rules, regulations, and legislations, it will be focussed on global and European standards. The money laundering circle including its different phases will be stated as well as alternative modernised models as potential future ML or TF mechanisms such as the use of cryptocurrencies. These are covered in the second chapter. The third chapter will demonstrate the initiators and facilitators in the money laundering mechanism. The part of the initiators will be represented in this context by major transnational organised crime syndicates and terrorist groups to illustrate how initiators may look like, what objectives they have, how they operate, why money laundering is so essential to their future actions as well as how dangerous their existence is to our society. On the other hand, facilitators will involve different parties such as the role of banks, specific organisations, states, or offshore locations. It will additionally highlight how these parties benefit from money laundering and why it is such an attractive model to provide initiators with assistance services. By using real case scenarios and data of the most relevant reports, it will be emphasised in the fourth chapter what negative impact money laundering can have on the economy, society, and companies. The fifth chapter involves a comprehensive guidance on the prevention of ML including TF for corporate entities with respect to chapter 2.2, which introduced Anti Money Laundering (AML) and Counter Financing of Terrorism (CFT) legislations and several other recommendations by law enforcement units, policy makers, and AML/CFT professionals. It will cover significant mechanisms such as risk assessments, Compliance tools, Corporate Governance, Customer Due Diligence, Know Your Customer Principles, and several other preventive measures. The research project finishes with a conclusion.
Author: Paul Allan Schott
Publisher: World Bank Publications
ISBN: 0821365142
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
This second edition of the Reference Guide is a comprehensive source of practical information on how countries can fight money laundering and terrorist financing. Aimed at helping countries understand the new international standards, it discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations play in the process. The Reference Guide is a valuable tool for establishing effective regimes to successfully prevent, detect, and prosecute money laundering and terrorist financing.
Author: International Monetary Fund. Legal Dept.
Publisher: International Monetary Fund
ISBN: 1498320686
Category : Social Science
Languages : en
Pages : 246
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Book Description
This report provides a summary of the anti-money laundering/combating the financing of terrorism (AML/CFT) measures in place in the People’s Republic of China (China)1 as at the date of the onsite visit (July 9–27, 2018). It analyzes the level of compliance with the Financial Action Task Force (FATF) 40 Recommendations and the level of effectiveness of China’s AML/CFT system and provides recommendations on how the system could be strengthened. China has undertaken a number of initiatives since 2002 that have contributed positively to its understanding of ML/TF risk, although some important gaps remain. Its framework for domestic AML/CFT cooperation and coordination is well established.
Author: Asian Development Bank
Publisher:
ISBN: 9789292577612
Category : Money laundering
Languages : en
Pages : 0
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Book Description
This handbook provides nonbanking financial institutions guidance on how to manage risks associated with money laundering and the financing of terrorism. It reflects the requirements of the international standard setter in the fight against money laundering and terrorist financing---the Financial Action Task Force---and is intended to serve as the basis for developing internal controls and procedures by nonbanking financial institutions to combat such actions.
Author:
Publisher:
ISBN:
Category : Drug control
Languages : en
Pages : 564
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Book Description
Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 1451815085
Category : Social Science
Languages : en
Pages : 203
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Book Description
Gibraltar’s Detailed Assessment Report on Anti-Money Laundering (AML) and Combating the Financing of Terrorism is reviewed. The principal AML risk to Gibraltar is lodged in its professional sector, which is likely to be involved in the layering and integration of proceeds of crime. There is also some risk to Gibraltar at the placement stage, in connection with drug trafficking, migrant smuggling, and organized crime in southern Spain. The Financial Services Commission in Gibraltar has established a strong, risk-based framework for financial institutions for AML.
Author: University of London. Institute of Advanced Legal Studies
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 444
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Book Description
Author: Kevin Sullivan
Publisher: Apress
ISBN: 1430261617
Category : Business & Economics
Languages : en
Pages : 190
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Book Description
Anti–Money Laundering in a Nutshellis a concise, accessible, and practical guide to compliance with anti–money laundering law for financial professionals, corporate investigators, business managers, and all personnel of financial institutions who are required, under penalty of hefty fines, to get anti–money laundering training. Money laundering is endemic. As much as 5 percent of global GDP ($3.6 trillion) is laundered by criminals each year. It’s no wonder that every financial institution in the United States—including banks, credit card companies, insurers, securities brokerages, private funds, and money service businesses—must comply with complex examination, training, and reporting requirements mandated by a welter of federal anti–money laundering (AML) laws. Ignorance of crime is no excuse before the law. Financial institutions and businesses that unknowingly serve as conduits for money laundering are no less liable to prosecution and fines than those that condone or abet it. In Anti–Money Laundering in a Nutshell: Awareness and Compliance for Financial Personnel and Business Managers, Kevin Sullivan draws on a distinguished career as an AML agent and consultant to teach personnel in financial institutions what money laundering is, who does it, how they do it, how to prevent it, how to detect it, and how to report it in compliance with federal law. He traces the dynamic interplay among employees, regulatory examiners, compliance officers, fraud and forensic accountants and technologists, criminal investigators, and prosecutors in following up on reports, catching launderers, and protecting the integrity and reputations of financial institutions and businesses. In particular, corporate investigators will gain rich insights winnowed from the author's experiences as a New York State and federal investigator.
