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Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.
Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers.
Organised crime, corruption, and terrorism are considered to pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent ‘dirty money’ from infiltrating the legitimate economy, proceeds of crime powers to target the accumulated assets derived from crime, and counter-terrorist financing measures to prevent ‘clean’ money from being used for terrorist purposes. This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity and on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political, and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics, and other disciplines. It adopts a much-needed international approach, focusing not only on expected jurisdictions, such as the United States and United Kingdom, but also on analysis from countries such as Qatar, Kuwait, Iran, and Nigeria. The authors stand out for their fresh and original research, which places them at the cutting edge of the subject. This book provides a comprehensive, insightful, and original study of an important and developing field for academics, students, practitioners, and policymakers in multiple jurisdictions.
Environmental Liability and Real Property Transactions is a must-have guide to managing risk of environment liabilities in real property transactions. It gives you excellent advice on how to conduct due diligence, hire experts, and discover tell-tale signs of environmental trouble. You'll find in-depth coverage of liability defenses, how to limit environmental exposure, and how to manage contaminated property. New sections include information on electromagnetic fields, lead and radon, liability of trustees, and a discussion of different types of insurance. The book also features numerous forms, checklists, and practice pointers.
Strategy and finance are generally viewed as two separate subjects. Once regarded with fascination, they have become the subject of strong criticism, the first considered too theoretical and long term to be of any use and the second too speculative and short term to contribute to value creation. This book argues, however, that strategy and finance are in fact value twins, both of which need a thorough overhaul, from their toolkits to their end goals. The author contends that we rely on strategic and financial frameworks that were developed decades ago, but, in an increasingly complex and risky environment, these need to undergo a profound transformation, one that follows an intertwined approach, enabling companies to achieve the twin goals of value creation and sustainability consistently and successfully. The book provides a fresh and innovative view of strategy and finance. It discusses the concept of strategy extensively, examining its history, application, and importance in modern business. It also explores how strategy has evolved and how it can be adapted to better serve companies in a rapidly changing business landscape. The book emphasizes the role of finance in corporate strategy, suggesting that it is a crucial element in achieving sustainable business success, and explores how financial tools and concepts can be integrated with strategic planning to drive growth and value creation. Further, it investigates how strategic and financial planning can be used to manage business risks effectively. Readers are given useful insights via the inclusion of case studies from numerous industries, including corporations, banks, and wealth and asset managers; these real-world examples serve to close the gap between theory and practice.
Ethical issues are emerging as the most important managerial challenge in all spheres of organizational life, from the wider issues of strategy-making, finance, technology, marketing, information systems to the subtle concerns of gender, demography or cultural diversity. The competitive market-economy model has widened the scope for managers in all countries to violate the fundamental values and integrity needed to maintain and enrich a civil society. These violations stretch from personal lapses of bribery and corruption to the wider areas of moral questions related to an ethically grounded global business system. This book grew out of'a three-day international workshop addressing these issues, held at the Management Centre for Human Values (MCHV), Indian Institute of Management, Calcutta, during February 1998. The workshop explored topics of applied management by providing mUltiple perspectives. Eighteen of the papers have been chosen for this volume, covering business functions, strategies and alliances. One of the key objectives of the workshop was to integrate ideas of applied ethics developing from Asia, Australia and Europe. Any book on applied ethics must be founded on a multicultural base and be practically oriented. This project has been greatly privileged in drawing together the work of 18 very senior and widely experienced academics and practitioners, spanning four continents. The two editors, from different continents, communicated regularly with each other and the contributors. The book is a result of the support and encouragement of many individuals.
This book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues. The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.
The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.
Millions of us are committing a slow, imperceptible form of financial suicide. Chances are your IRA or 401(k) carries far more risk than you realize, lacks real diversification that could reduce downside risk, and is falling behind the underreported rate of inflation that eats away at your retirement fund every year. In the next market crash, you could be left vulnerable and unprotected. Wall Street financial advisers are supposed to build and preserve your wealth, yet they are untrained in portfolio construction and how to contain risk and bulletproof your investments. They charge high fees and sometimes put their own interests ahead of yours. Now Ed Butowsky, a Wall Street insider who spent two decades as one of the top producers at the fabled firm of Morgan Stanley & Co., breaks from the pack to reveal the flaws, fibs and failings of financial advisers. To fix this mess, he has created the new CHIP Score to empower you to evaluate the potential for Risk & Reward in your portfolio and grade your adviser—before the next meltdown. Nobody else on Wall Street ever dared to create anything like it. Wealth Mismanagement will empower investors to protect themselves. Read it & reap.
In Rethinking Money Laundering & Financing of Terrorism in International Law: Towards a New Global Legal Order, Roberto Durrieu provides a broad and original analysis of the phenomenon of money laundering, through a thorough examination of the financing of terrorism. The necessity of excluding the financing of terrorism from the legal definition of money laundering is clearly illustrated through extensive, original and comparative research. In addition, the book advocates the recognition of money laundering as an international crime strictu sensu that can be tried by a special international tribunal. The hidden, mutable, complex and global nature of the crime must be addressed multilaterally through a new, integrated and more effective global legal order which is consistent and compatible with civil guarantees and human rights principles. Part I studies the main extra-legal and legal aspects of money laundering by analyzing the meaning, causes and effects of this phenomenon and their link with the financing of terrorism, with special attention to the interconnection between the so-called preventive/regulatory AML-CFT system and the punitive approach. Part II provides a global-comparative analysis to determine whether or not the adoption of money laundering offences is consistent with sound principles of criminal law and criminal procedure. Finally, Part III examines the jurisdictional problems with respect to extra-territorial and large-scale money laundering cases. The book offers nuanced and thought-provoking answers to questions regarding the prohibition of money laundering, the financing of terrorism, and the relationship between them, the current state of associated International Law, the need for future action, and the human rights consequences of these crimes.