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This study gives a first insight in the functioning of this system and shows that the cooperation in the fight against money laundering is inherently linked to problems of public and private partnership, intrusions of privacy and questions of proportionality
Financial institutions, as gateways to the financial system, to economic power and possibilities, are one of the major vehicles for money laundering and therefore also represent an important means to prevent this type of crime. The compliance officer symbolises a part of this private investment in anti money laundering (AML) and as a bank employee is responsible for the implementation of governmental objectives, trapped between crime fighting objectives and commercial goals. The duality of the involvement of private partners in the AML complex and the vastness of the system serves as a background for a new book looking at the functioning, values and perceptions of actors within this system. With thorough analysis of original empirical date, Verhage provides a rich and illustrative insight in the world of compliance officers and the sometimes paradoxical AML system that they have to work within.
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.
This paper discusses the impact of the rapid adoption of artificial intelligence (AI) and machine learning (ML) in the financial sector. It highlights the benefits these technologies bring in terms of financial deepening and efficiency, while raising concerns about its potential in widening the digital divide between advanced and developing economies. The paper advances the discussion on the impact of this technology by distilling and categorizing the unique risks that it could pose to the integrity and stability of the financial system, policy challenges, and potential regulatory approaches. The evolving nature of this technology and its application in finance means that the full extent of its strengths and weaknesses is yet to be fully understood. Given the risk of unexpected pitfalls, countries will need to strengthen prudential oversight.
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.
EU and International Crime Control focuses on intrinsic EU criminal policy aspects, including its transatlantic cooperation with the US. Additionally, the book examines anti-money laundering control, counter-strategies of criminal organizations, and police torture. Chapters include: Appreciating Approximation: Using Common Offense Concepts to Facilitate Police and Judicial Cooperation in the EU * Approximation and Mutual Recognition of Procedural Safeguards of Suspects and Defendants in Criminal Proceedings throughout the European Union * Shaping the Competence of Europol: An FBI Perspective * Towards a Coherent EU Policy on Outgoing Data Transfers for Use in Criminal Matters? The Adequacy Requirement and the Framework Decision on Data Protection in Criminal Matters: A Transatlantic Exercise in Adequacy * The International Private Security Industry as Part of the European Union Security Framework: A Critical Assessment of the French EU Presidency White Paper * The Anti-Money Laundering Complex on a Crime Control Continuum: Perceptions of Risk, Power and Efficacy * The Use of Counterstrategies by Criminal Organizations: 'Intimidation and the Use of Violence against Police Officers' * Police Torture in China and Its Causes.
The study of white-collar crime remains a central concern for criminologists around the world and research concentrates on its nature, prevalence, causes and responses. However, most books on white-collar crime tend to focus on Anglo-American examples, which is surprising given the amount of rich data and research taking place in mainland Europe. This new handbook seeks to reset the balance and, for the first time, presents an overview of state-of-the-art research on white-collar crime in Europe. Adding to the existing Anglo-American body of knowledge, the Handbook will discuss specific European topics and typical European features of white-collar crime. The Routledge Handbook of White-Collar and Corporate Crime in Europe consists of more than thirty chapters on topics ranging from the Icelandic Banking Crisis, to the origins of the study of white collar crime, to contemporary topics, such as white-collar crime in countries post-transition from communist regimes; the illegal e-waste trade and white-collar crime in professional football. Furthermore, the book contains extensive case study analyses of landmark European cases of white-collar crime. The editors have gathered together the leading voices in the field and a final section offers commentaries on white-collar crime in Europe from eminent criminologists David Friedrichs and Hazel Croall. This Handbook will thus serve as a work of reference for all scholars and students engaged in the study of corporate and white-collar crime and will also set out directions for new research in the future.
A generation ago not a single country had laws to counter money laundering; now, more countries have standardized anti–money laundering (AML) policies than have armed forces. In The Money Laundry, J. C. Sharman investigates whether AML policy works, and why it has spread so rapidly to so many states with so little in common. Sharman asserts that there are few benefits to such policies but high costs, which fall especially heavily on poor countries. Sharman tests the effectiveness of AML laws by soliciting offers for just the kind of untraceable shell companies that are expressly forbidden by global standards. In practice these are readily available, and the author had no difficulty in buying the services of such companies. After dealing with providers in countries ranging from the Seychelles and Somalia to the United States and Britain, Sharman demonstrates that it is easier to form untraceable companies in large rich states than in small poor ones; the United States is the worst offender. Despite its ineffectiveness, AML policy has spread via three paths. The Financial Action Task Force, the key standard-setter and enforcer in this area, has successfully implemented a strategy of blacklisting to promote compliance. Publicly identified as noncompliant, targeted states suffered damage to their reputation. Subsequently, officials from poor countries became socialized within transnational policy networks. Finally, international banks began using the presence of AML policy as a proxy for general country risk. Developing states have responded by adopting this policy as a functionally useless but symbolically valuable way of reassuring powerful outsiders. Since the financial crisis of 2008, the G20 has used the successful methods of coercive policy diffusion pioneered in the AML realm as a model for other global governance initiatives.
The world--famous former con artist and bestselling author of Catch Me if You Can now reveals the mind--boggling tricks of the scam trade--with advice that has made him one of America's most sought--after fraud--prevention experts. "I had as much knowledge as any man alive concerning the mechanics of forgery, check swindling, counterfeiting, and other similar crimes. Ever since I'd been released from prison, I'd often felt that if I directed this knowledge into the right channels, I could help people a great deal. Every time I went to the store and wrote a check, I would see two or three mistakes made on the part of the clerk or cashier, mistakes that a flimflam artist would take advantage of. . . . In a certain sense, I'm still a con artist. I'm just putting down a positive con these days, as opposed to the negative con I used in the past. I've merely redirected the talents I've always possessed. I've applied the same relentless attention to working on stopping fraud that I once applied to perpetuating fraud." In Catch Me if You Can, Frank W. Abagnale recounted his youthful career as a master imposter and forger. In The Art of the Steal, Abagnale tells the remarkable story of how he parlayed his knowledge of cons and scams into a successful career as a consultant on preventing financial foul play--while showing you how to identify and outsmart perpetrators of fraud. Technology may have made it easier to track down criminals, but cyberspace has spawned a skyrocketing number of ways to commit crime--much of it untraceable. Businesses are estimated to lose an unprecedented $400 billion a year from fraud of one sort or another. If we were able to do away with fraud for just two years, we'd erase the national debt and pay Social Security for the next one hundred years. However, Abagnale has discovered that punishment for committing fraud, much less recovery of stolen funds, seldom happens: Once you're a victim, you won't get your money back. Prevention is the best form of protection. Drawn from his twenty-five years of experience as an ingenious con artist (whose check scams alone mounted to more than $2 million in stolen funds), Abagnale's The Art of the Steal provides eye-opening stories of true scams, with tips on how they can be prevented. Abagnale takes you deep inside the world and mind of the con artist, showing you just how he pulled off his scams and what you can do to avoid becoming the next victim. You'll hear the stories of notorious swindles, like the mustard squirter trick and the "rock in the box" ploy, and meet the criminals like the famous Vickers Gang who perpetrated them. You'll find out why crooks wash checks and iron credit cards and why a thief brings glue with him to the ATM. And finally, you'll learn how to recognize a bogus check or a counterfeit bill, and why you shouldn't write your grocery list on a deposit slip. A revealing look inside the predatory criminal mind from a former master of the con, The Art of the Steal is the ultimate defense against even the craftiest crook.
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.