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The role played by legal professionals in the laundering of criminal proceeds generated by others has become a priority concern for authorities at national and international levels. This ground-breaking book presents an in-depth empirical analysis of the nature of lawyers’ involvement in the facilitation of money laundering and its control through criminal justice and regulatory mechanisms. It is based on qualitative research combining analysis of cases of lawyers convicted of money laundering offences with interviews with criminal justice practitioners, members of professional and regulatory bodies and practising solicitors, and analysis of relevant national and international legislative and regulatory frameworks. The book demonstrates the complex and diverse nature of lawyers’ involvement in laundering activity, and shows that their actions and the decisions they take must be understood in relation to the specific situational contexts in which they occur. It provides significant new insights into the criminal justice and regulatory response to professional facilitation of money laundering in the UK, raising questions about the effectiveness and appropriateness of the response and the challenges involved. The book develops a framework for future research and analysis in this area, and proposes a range of potential strategies for controlling the facilitation of money laundering. Lawyers and the Proceeds of Crime is essential reading for those researching money laundering, white-collar crime or organised crime, and for practitioners and policy makers concerned with preventing the facilitation of money laundering.
The fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment. Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies. The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers' ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors' Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers' practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline. The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.
Professional Ethics provides an excellent introduction to the fundamental rules and principles of professional conduct and ethical considerations essential to maintaining the high professional standards of the practising Bar. For ease of reference, the Code of Conduct is included in the manual in full.
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.
The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.
Money laundering is a global issue and there is evidence that the services provided by the legal profession may be misused to launder the proceeds of crime. This book explores the experiences of professionals within Top 50 law firms when seeking to comply with the UK’s anti-money laundering (AML) regime. The book draws upon empirical evidence from 40 in-depth interviews with solicitors and compliance personnel from 20 Top 50 law firms. Access to this section of the legal profession is challenging in the context of academic research, and the research provides an account, seldom heard in academic literature, directly from practitioners. The book uses these research findings to explore and discuss the AML compliance issues faced by this section of the profession. It highlights the challenges presented by the legislative architecture of the Proceeds of Crime Act 2002, and considers compliance issues relating to customer due diligence, AML training, the client account and the suspicious activity reporting regime. It also considers participants’ perceptions of the regime, their role within it, and their own assessment of money laundering risk. It concludes by using this evidence to recommend amendments to current AML policy and legislation. This book will be of interest to students and researchers studying Financial Crime Law, Business and Company Law, and White Collar Crime, as well as policy makers in the areas of money laundering, compliance, and corruption.
Money laundering is the process of converting or transferring cash or other assets, generated from illegal activity, in order to conceal or disguise their origins. In recent years, the international community has decided that focusing on money laundering is an efficient strategy in policing organized crime and, now terrorism. To this end, countries are encouraged to harmonize their policies and legislation and, to some extent, their policing strategies. Before adopting these new strategies, however, it is important to understand the extent of money laundering in different jurisdictions, as well as the likelihood of success and the costs involved in these anti-laundering strategies. This new work by Margaret E. Beare and Stephen Schneider brings empirical evidence to the study of money laundering in Canada - a topic that has recently assumed an international profile. They challenge the seemingly common sense notion, fueled by political posturing and policing rhetoric, that taking the profits away from criminals is a rational law enforcment strategy. Using data from police cases, the inner working of financial institutions, and the 'successful' claims of privilege from our legal profession, the final picture that the authors paint is of a good enforcement strategy run amuch amid conflicting interests and agendas, an overly ambitious set of expectations, and an ambiguous body of evidence as to the strategy's overall merits.
Transnational organized crime crosses borders, challenges States, exploits individuals, pursues profit, wrecks economies, destroys civil society, and ultimately weakens global democracy. It is a phenomenon that is all too often misunderstood and misrepresented. This handbook attempts to redress the balance, by providing a fresh and interdisciplinary overview of the problems which transnational organized crime represents. The innovative aspect of this handbook is not only its interdisciplinary nature but also the dialogue between international academics and practitioners that it presents. The handbook seeks to provide the definitive overview of transnational organized crime, including contributions from leading international scholars as well as emerging researchers. The work starts by examining the origins, concepts, contagion and evolution of transnational organized crime and then moves on to discuss the impact, governance and reactions of governments and their agencies, before looking to the future of transnational organized crime, and how the State will seek to respond. Providing a cutting edge survey of the discipline, this work will be essential reading for all those with an interest in this dangerous phenomenon.
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.