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Author: Emmanuel Ioannides Publisher: Routledge ISBN: 1317131347 Category : Law Languages : en Pages : 200
Book Description
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: Emmanuel Ioannides Publisher: Routledge ISBN: 1317131347 Category : Law Languages : en Pages : 200
Book Description
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: Emmanuel Ioannides Publisher: Routledge ISBN: 1317131355 Category : Law Languages : en Pages : 202
Book Description
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: Valsamis Mitsilegas Publisher: Kluwer Law International B.V. ISBN: 9041121315 Category : Law Languages : en Pages : 226
Book Description
The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the emergence of new criminal offences; responsibilisation, consisting in the mobilisation of the private sector to co-operate with the authorities in the fight against money laundering; and the emphasis on the administration of knowledge, through the establishment of new institutions, the financial intelligence units, with extensive powers to administer a wide range of information provided by the private sector. This paradigm may pose significant challenges to fundamental legal principles and to well-established social structures and the book attempts to address this balance. This up-to-date analysis includes the provisions of the new EU money laundering Directive which was formally adopted in December 2001.
Author: Michele Sciurba Publisher: Edition Faust ISBN: 3945400627 Category : Law Languages : en Pages : 139
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: Brigitte Unger Publisher: Edward Elgar Publishing ISBN: 9781783472765 Category : Money laundering Languages : en Pages : 0
Book Description
Official government policies against money laundering in the EU have been in place for roughly 25 years, after much concerted effort and a great deal of time and money invested. This volume examines the anti-money laundering policy of the EU Member States in connection to the threat of money laundering they face. During a three-year study the authors analyzed the policies in-depth by traveling to 27 Member States to interview over a hundred people involved in the fight against money laundering. The analysis includes an inquiry into the national supervisory architectures, a comparison of the definitions of money laundering used in practice, a breakdown of the role of Financial Intelligence Units and a cost-benefit analysis of anti-money laundering policy. Skillfully assessing the economic and legal effectiveness of anti-money laundering efforts in the EU, this comprehensive study will appeal to students, scholars and practitioners working in economics, banking, finance and law. Contents 1. Introduction and Operationalization 2. Threat of Money Laundering 3. Harmonization of Substantive Norms in Preventative AML 4. Implementing International Conventions and the Third EU Directive 5. Supervisory Architectures in the Preventive AML Policy 6. Definitions of Money Laundering in Practice 7. FIU's in the European Union - Facts and Figures, Functions and Facilities 8. Information Flows and Repressive Enforcement 9. International Cooperation 10. Collection of Statistics 11. Effectiveness: Threat and Corresponding Policy Response 12. Cost Benefit Analysis 13. Summary and Conclusions
Author: Cian Christopher Murphy Publisher: ISBN: Category : Risk Languages : en Pages : 532
Book Description
The rule of law is one of the oldest principles of democratic governance. It is a fundamental principle of the European Union (EU), found in Article 6(1) of the Treaty on European Union. In this jurisdiction, it can be said to entail a community of law and principles of protection for individuals and of rational procedures. In other jurisdictions, most notably the United States, the rule of law has been significantly eroded in the context of the 'war on terrorism'. One cause of this erosion is the adoption of pre-emptive measures which are rooted in late twentieth century risk society thinking. As risk society thinking is also prevalent in EU policy-making, the thesis considers whether fundamental rule of law principles have also been eroded in this legal order. The study critically examines key EU counter-terrorism measures, adopted since September 11 2001, to ascertain how rule of law principles have been affected in the 'war on terrorism'. The thesis draws on the work of Michel Foucault to characterise EU counter-terrorism as a 'pre-emptive dispositif. Five key facets of EU counter-terrorism efforts are analysed. First, the common European definition of terrorism is examined, along with related offences contained in the Framework Decision on Combating Terrorism (as amended). Second, the EU's numerous anti-money laundering and counter-terrorist finance laws are investigated. Third, UN and EU targeted asset-freezing sanctions are critiqued. Fourth, certain elements of the EU's data retention policies and relevant legal measures are considered. Fifth, the European Arrest Warrant and European Evidence Warrant are examined. The thesis concludes that while the EU does not possess the strong coercive powers of its Member States and it has generally avoided the use of the 'war' strategy in its counter-terrorism efforts, the effect of its counterterrorism action on the rule of law has been profound.
Author: Paul Allan Schott Publisher: World Bank Publications ISBN: Category : Business & Economics Languages : en Pages : 296
Book Description
Efforts to launder money and finance terrorism have been evolving rapidly in recent years in response to heightened countermeasures. The international community has witnessed the use of increasingly sophisticated methods to move illicit funds through financial systems across the globe and has acknowledged the need for improved multilateral cooperation to fight these criminal activities. The World Bank and International Monetary Fund have developed this guide to help countries understand the new international standards. It will hopefully serve as a comprehensive source of practical information for countries to fight money laundering and terrorist financing. It discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations, such as the Bank and the IMF, play in the process. This guide is a tool for countries to establish and improve their legal and institutional frameworks and their preventive measures according to international standards and best practices. -- From Foreword (p. ix).
Author: Dennis Cox Publisher: John Wiley & Sons ISBN: 0470685271 Category : Business & Economics Languages : en Pages : 756
Book Description
Effectively implement comprehensive anti-money laundering regulations Handbook of Anti-Money Laundering details the most up-to-date regulations and provides practical guidance toward implementation. While most books focus on the regulations themselves, this useful guide goes further by explaining their meaning to bank operations, and how the rules apply to real-life scenarios. The international perspective provides a broader understanding of the anti-money laundering controls that are in place worldwide, with certain country-specific details discussed in-depth. Coverage includes the Wolfsberg Principles, Financial Action Task Force guidance, the U.S. Patriot Act, and the latest from both the EU and Bank for International Settlements. The IMF estimates that two to five per cent of the global GDP – $590 billion to $1.5 trillion – is laundered every year. Globally, banks and other financial institutions have been required to put in place specific arrangements to prevent and detect money laundering and the criminal activity that underlies it. This book provides the latest regulations and guidance toward application. Understand what money laundering regulations mean in practice Reference international and country-specific rules and regulations Get up to speed on the most current regulations and practices Implement the most effective anti-money laundering measures In response to the increased monitoring and regulation, money launderers have become more sophisticated at disguising the source of their funds. Financial institutions' employees must be ever more aware of what they're facing, and how to deal with it, making actionable guidance a critical companion to any regulatory information. For financial institutions seeking more thorough understanding and practical advice, the Handbook of Anti-Money Laundering is a comprehensive guide.
Author: Emmanuel Ioannides
Author: Emmanuel Ioannides
Author: Emmanuel Ioannides
Author: Valsamis Mitsilegas
Author: Valsamis Mitsilegas
Author: Michele Sciurba
Author: Brigitte Unger
Author: Cian Christopher Murphy
Author: ELEONOR. RAO DUHS (INDIRA.)
Author: Paul Allan Schott
Author: Dennis Cox