Money Laundering : A New International Law Enforcement Model.Series: Cambridge Studies in International and Comparative LawPublisher: Cambridge : Cambridge University Press, 2000Copyright date: ©2000Description: 1 online resource (489 pages)Content type:
- online resource
- K1089 .S74 2000
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Cover -- Half-title -- Series-title -- Title -- Copyright -- Dedication -- Contents -- Preface -- Table of treaties and agreements -- Abbreviations -- PART I · NEW INSTRUMENTS IN THE FIGHT AGAINST ACQUISITIVE CRIME: CONFISCATION OF PROCEEDS FROM CRIME AND CRIMINALISATION… -- 1 The background of the fight against money laundering -- Legal background -- Social-economic background: organised crime and drug offences -- Organised crime -- Drug offences -- Expansion of the application field to other offences -- Transformations of the norm-making process -- The infiuence of soft law -- The internationalisation of law enforcement -- 2 The confiscation -- General concepts of confiscation -- Types of confiscation -- Object confiscation v. value confiscation -- Confiscation procedures -- Confiscation of the instrumentalities or the subject of crime -- Confiscation of the proceeds of crime -- The concept of confiscation of proceeds of crime -- Punitive nature of confiscation of the proceeds of crime -- The dangerous attractiveness of confiscation: policing and prosecuting for profit -- Confiscation to fund law enforcement agencies -- Out-of-court settlements -- Human rights limitations to the confiscation sanctions -- Compatibility of in rem procedures with Article 6 of the European Convention on Human Rights -- Reversal of the burden of proof regarding the criminal origin of proceeds -- Protection of bona fide third parties -- Protection against double jeopardy: non bis in idem -- 3 The fight against money laundering: genesis of a new crime -- Money laundering: the phenomenon and the reasons for fighting it -- Concept of money laundering -- Reasons for combating money laundering -- The extent of the money laundering phenomenon -- The internationalisation of the money laundering phenomenon -- The fight against money laundering in the United States of America.
First generation American anti-money laundering measures -- Second generation American anti-money laundering measures -- Third generation American anti-money laundering measures -- The fight against money laundering in Switzerland -- Self-regulation: the Swiss Code of Conduct -- Administrative supervision of the Swiss banks -- The Swiss criminalisation of money laundering -- The twin-track fight against money laundering: the preventive and the repressive approach -- The international treaty obligation to criminalise money laundering: a drastic expansion of criminal liability? -- Actus reus: three types of money laundering activity -- A broad range of predicate offences -- Application of the anti-money laundering legislation to persons who committed the predicate offence -- Mens rea required for a conviction on a money laundering charge -- Broad application field of anti-money laundering legislation versus the legality principle -- PART II · THE PREVENTION OF MONEY LAUNDERING -- 4 The application field of legislation on the prevention of money laundering -- The application field of ratione personae -- Rationales for focusing on financial institutions -- Arguments against an expansion of the application field of preventive legislation to professions and institutions… -- The application field of ratione materiae -- 5 The role of financial institutions in the prevention of money laundering -- Preventive obligations derogating from traditional banking principles -- Customer identification -- Relevance and criteria for customer identification -- Identification of the beneficial owner -- Identification of the beneficial owner in the case of accounts held by financial institutions -- Identification of the beneficial owner in the case of accounts held by legal professionals -- The identification and record-keeping obligations method.
Relevance of record-keeping obligations -- Identification methods and record-keeping -- Obligations to report (suspicious) transactions -- Need for a reporting obligation -- Different models of due diligence and of reporting -- The reporting obligation: the pivotal issues -- Exonerations for financial institutions that report a suspicious transaction -- Exonerations for financial institutions that carry out a suspicious transaction -- Internal control procedures and training programmes for employees -- Financial institutions as policemen? -- 6 The role of financial intelligence units in combating money laundering -- The creation of financial intelligence units -- Secrecy duty of financial intelligence units -- The specialty principle -- Concept of specialty principle -- Comparative overview of the (absence of) restrictions on the use of information supplied by financial institutions -- 7 The role of the supervisory authorities in combating money laundering -- The duty of supervisory authorities to report facts of money laundering -- The administrative sanctioning powers of supervisory authorities in case of non-observance of the legislation to prevent… -- PART III · JURISDICTION OVER MONEY LAUNDERING -- 8 Various types of jurisdictional problem in the fight against money laundering -- 9 Territorial jurisdiction in respect of money laundering offences -- Distinction with jurisdiction in respect of the predicate offence -- Localising money laundering acts -- Ubiquity theory -- Effects doctrine -- Jurisdiction conflicts and non bis in idem -- Double criminality in respect of the predicate offence -- Condition of double criminality of the predicate offence -- Double criminality of the predicate offence in concreto or abstracto -- Proof of criminal origin of proceeds -- 10 Extra-territorial jurisdiction in respect of money laundering offences.
Jurisdiction on the basis of the nationality principle -- Nationality of a corporation -- Does the condition of double criminality require double corporate criminal liability? -- Limited effectiveness of the nationality principle -- Jurisdiction over foreign corporate conduct under financial preventive law -- General context of the globalisation of finance -- Territorial application of the legislation for the prevention of the use of the financial system for the purpose of money … -- Possible extra-territorial application of the legislation for the prevention of the use of the financial system… -- The limited utility of other extra-territorial jurisdiction bases -- PART IV · INTERNATIONAL CO-OPERATION IN COMBATING MONEY LAUNDERING -- 11 The money laundering regime: new objectives of international co-operation in criminal matters -- Objectives of domestic and international criminal justice -- The case for a reform of the international co-operation in criminal matters -- Extension of international co-operation in criminal matters -- Reconsideration of traditional principles of international co-operation in criminal matters -- International co-operation in criminal matters and human rights -- 12 The money laundering regime: new modes of international evidence-gathering -- Exchange of information relating to suspicious financial transactions: judicial, administrative or police assistance? -- Shifting borderlines between mutual administrative assistance, police assistance and judicial international co-operation -- Administrative character of the international exchange of information between FIUs -- International exchange of information between FIUs through the channels of police or judicial assistance: a viable alter... -- Mutual administrative assistance between FIUs: basis, restrictions and ramifications on criminal proceedings.
Requirement and justiciability of an MOU -- Condition of double criminality -- Specialty principle -- Limitations flowing from the administrative nature of mutual assistance: relation to judicial assistance -- Do internal limitations of competences limit the use of information obtained from foreign FIUs? -- Confldentiality requirements -- Unilateral extra-territorial measures -- Different visions of criminal justice and of international co-operation in criminal matters -- Role of prosecutors in various systems -- Relative power position of states -- On the relative importance of treaty-based co-operation in criminal matters -- 13 Some of the conditions, principles and exceptions of mutual judicial assistance in criminal matters revisited -- The condition of double criminality -- The condition of double criminality in international co-operation in criminal matters -- Double criminality in the context of the fight against money laundering -- The condition of double criminality in international co-operation in criminal matters and the legality principle -- The condition of double criminality: an obsolete obstacle to efficient international co-operation -- The case for the abolition of the condition of double criminality -- The fiscal and political offence exception -- The locus regit actum principle -- The rationales and advantages of the locus regit actum principle -- The drawbacks of the locus regit actum principle -- Locus regit actum and the extra-territorial application of secrecy duties -- 14 Lifting banking secrecy in an international context -- Background of the American approach to extra-territorial disclosure orders -- Differing legal attitudes to international co-operation -- Differing visions on banking secrecy -- Extra-territorial disclosure orders -- Legal arguments invoked for making extra-territorial disclosure orders.
Compatibility of extra-territorial disclosure orders with international law.
An analysis of the legal issues raised by the international fight against money laundering.
Description based on publisher supplied metadata and other sources.
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2019. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.