The Economic And Legal Effectiveness Of The European Union S Anti Money Laundering Policy

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The Economic and Legal Effectiveness of the European Union's Anti-money Laundering Policy

Author : Brigitte Unger,Joras Ferwerda,Melissa van den Broek,Ioana Deleanu
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 44,7 Mb
Release : 2014
Category : Money laundering
ISBN : 1783472766

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The Economic and Legal Effectiveness of the European Union's Anti-money Laundering Policy by Brigitte Unger,Joras Ferwerda,Melissa van den Broek,Ioana Deleanu Pdf

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

The New Anti-Money Laundering Law

Author : Domenico Siclari
Publisher : Springer
Page : 101 pages
File Size : 40,5 Mb
Release : 2016-05-09
Category : Business & Economics
ISBN : 9783319290997

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The New Anti-Money Laundering Law by Domenico Siclari Pdf

This book introduces and contextualizes the revised and strengthened legislation on the laundering of criminal funds mandated by the European Union on the 20th May 2015. The authors provide fresh and new insight into the EU’s fourth directive 2015/849, with a specific focus on topics such as: beneficial ownership and effective transparency, the risk-based approach, the issue of supervision of payment institutions that operate across borders by agents, the new method of risk assessment, tax crimes inclusion in “criminal activity” definition, and the effects of new rules on the gambling sector. The authors present the new laws in the context of their legal genealogy and demonstrate the benefits they bring in raising the standards for anti-money laundering regulation and counter-terrorism financing. The book’s comprehensive exploration of this new legislation will appeal to policy-makers, students and academics hoping to understand the changes more clearly.

Money Laundering Counter-measures in the European Union

Author : Valsamis Mitsilegas
Publisher : Kluwer Law International B.V.
Page : 226 pages
File Size : 46,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121318

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Money Laundering Counter-measures in the European Union by Valsamis Mitsilegas Pdf

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.

Research Handbook on Money Laundering

Author : Brigitte Unger,Daan van der Linde
Publisher : Edward Elgar Publishing
Page : 519 pages
File Size : 45,5 Mb
Release : 2013-01-01
Category : Business & Economics
ISBN : 9780857934000

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Research Handbook on Money Laundering by Brigitte Unger,Daan van der Linde Pdf

Although the practice of disguising the illicit origins of money dates back thousands of years, the concept of money laundering as a multidisciplinary topic with social, economic, political and regulatory implications has only gained prominence since the 1980s. This groundbreaking volume offers original, state-of-the-art research on the current money laundering debate and provides insightful predictions and recommendations for future developments in the field. The contributors to this volume academics, practitioners and government representatives from around the world offer a number of unique perspectives on different aspects of money laundering. Topics discussed include the history of money laundering, the scale of the problem, the different types of money laundering, the cost to the private sector, and the effectiveness of anti-money laundering policies and legislation. The book concludes with a detailed and insightful synthesis of the problem and recommendations for additional steps to be taken in the future. Students, professors and practitioners working in economics, banking, finance and law will find this volume a comprehensive and invaluable resource.

Anti-money Laundering Law: Socio-legal Perspectives on the Effectiveness of German Practices

Author : Verena Zoppei
Publisher : Springer
Page : 214 pages
File Size : 43,5 Mb
Release : 2017-07-18
Category : Law
ISBN : 9789462651807

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Anti-money Laundering Law: Socio-legal Perspectives on the Effectiveness of German Practices by Verena Zoppei Pdf

In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, the Lux leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests. Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will be of interest to both international policymakers and consultants as well as their counterparts in Germany for instance working on improving the instruments to fight organized crime and prevent the financing of terrorism through money laundering. The complexity of the anti-money laundering regime and all the variables are exhaustively and critically reviewed in the assessment, thereby providing complete instructions for future legislative steps. The case study regarding the situation in Germany maximizes readers’ insights into concrete effects of the implementation of international anti-money laundering standards at a national level, and the opinions of professionals working in the field and of experts on the law-making process are also illuminating. Moreover, the book equips non-German speakers with the information needed to deal with the extensive German legal scholarly production on article 261 of the German criminal code and the current internal political debate on the matter. Verena Zoppei is a Fellow Researcher at the International Security Division of the German Institute for International and Security Affairs in Berlin. Specific to this book: • Broadens your understanding of the complexity of the anti-money laundering regime • Provides complete instructions for future legislative steps • Offers a qualitative and multidisciplinary approach of the money laundering offence • Also equips non-German readers/speakers with a handle on the extensive German legal scholarly production on article 261 of the German criminal code This is Volume 12 in the International Criminal Justice Series

Preventing Money Laundering

Author : Melissa van den Broek
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2015
Category : Finance, Public
ISBN : 9462365776

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Preventing Money Laundering by Melissa van den Broek Pdf

Money laundering is criminalised virtually all around the world and has been a law enforcement priority since the early 1990s. The international nature of money laundering, combined with estimations on the scope and the distorting effects it may bring about, make it a grave danger to society due to its strong interaction with organised drugs and white-collar crime. Over the years a 'twin-track approach'has been developed, aiming at the prevention of money laundering on the one hand, and punishing the money launderers on the other. This publication analyses the effectiveness of the anti-money laundering supervision of banks, real estate agents and accountants in the Netherlands, Spain and the UK. It thoroughly analyses the legislation, the institutional settings and competences of anti-money laundering supervisors, as well as the application of these competences in practice. Based on this analysis, a number of recommendations for the EU legislators and the national legislators are formulated in order to strengthen and increase the effectiveness of anti-money laundering supervision.

The Economic and Legal Effectiveness of the European Union�s Anti-Money Laundering Policy

Author : Brigitte Unger,Joras Ferwerda,Melissa van den Broek,Ioana Deleanu
Publisher : Edward Elgar Publishing
Page : 265 pages
File Size : 50,6 Mb
Release : 2014-03-28
Category : Law
ISBN : 9781783472772

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The Economic and Legal Effectiveness of the European Union�s Anti-Money Laundering Policy by Brigitte Unger,Joras Ferwerda,Melissa van den Broek,Ioana Deleanu Pdf

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 Sta

Anti-Money Laundering State Mechanisms

Author : Michele Sciurba
Publisher : Edition Faust
Page : 139 pages
File Size : 48,8 Mb
Release : 2018-05-01
Category : Law
ISBN : 9783945400623

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Anti-Money Laundering State Mechanisms by Michele Sciurba Pdf

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.

Anti-Money Laundering

Author : Wouter H. Muller,Christian H. Kalin,John G. Goldsworth
Publisher : John Wiley & Sons
Page : 852 pages
File Size : 51,6 Mb
Release : 2007-06-05
Category : Business & Economics
ISBN : 9780470033197

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Anti-Money Laundering by Wouter H. Muller,Christian H. Kalin,John G. Goldsworth Pdf

Anti-Money Laundering is the definitive reference on money laundering and practice. First an outline will be given of the general approach taken by supra-national organisations like the United Nations and the European Council. Next the approach taken by international organisations and initiatives on the basis of the supra-national initiatives will be outlined by senior members of those organisations. A number of countries will then describe their specific prevention legislation. Countries involved will all be member-countries of the FATF (Financial Action Task Force on Money Laundering). Finally there will be an overview to enable the reader to make a comparison between the most important topics of money laundering legislation and rules in the different countries.

Reference Guide to Anti-money Laundering and Combating the Financing of Terrorism

Author : Paul Allan Schott
Publisher : World Bank Publications
Page : 292 pages
File Size : 41,7 Mb
Release : 2006-01-01
Category : Business & Economics
ISBN : 9780821365144

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Reference Guide to Anti-money Laundering and Combating the Financing of Terrorism by Paul Allan Schott Pdf

This second edition of the Reference Guide is a comprehensive source of practical information on how countries can fight money laundering and terrorist financing. Aimed at helping countries understand the new international standards, it discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations play in the process. The Reference Guide is a valuable tool for establishing effective regimes to successfully prevent, detect, and prosecute money laundering and terrorist financing.

Anti-Money Laundering Compliance 2nd Ed

Author : Francesca Ramadan
Publisher : Ark Company
Page : 123 pages
File Size : 44,8 Mb
Release : 2019-01-31
Category : Law
ISBN : 1783583606

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Anti-Money Laundering Compliance 2nd Ed by Francesca Ramadan Pdf

The European Union Fourth Anti-Money Laundering Directive is the most sweeping AML legislation ever to have been introduced in Europe. It aims to strengthen the existing rules, prioritising the fight against tax avoidance, money laundering and terrorism financing by reinforcing the necessity of measures such as risk assessments, setting clear requirements about beneficial ownership, and expanding the definition of a politically exposed person.This second edition of Anti-money Laundering Compliance for Law Firms is intended as both handbook and guide, advising on practical implementation of the Directive's mandates and assisting European law firms in remaining compliant. It will also act as a best-practice toolkit for firms practising beyond Europe. Featuring contributions from a range of experts in the field - from barristers specialising in financial crime to compliance experts and consultants - this timely publication provides the latest intelligence on successful adherence to the Fourth Directive, along with an anticipatory exploration into the possible effects of the upcoming Fifth Directive and changes within the regulatory landscape.

Money Laundering

Author : Susanne Rösner
Publisher : GRIN Verlag
Page : 16 pages
File Size : 47,8 Mb
Release : 2010-04-27
Category : Literary Collections
ISBN : 9783640606429

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Money Laundering by Susanne Rösner Pdf

Essay from the year 2009 in the subject English - Miscellaneous, grade: 2,3, University of Applied Sciences Mainz (FB Wirtschaft), course: Legal English (LL.M.), language: English, abstract: This essay deals with the subject of money laundering, its effects and measures. It starts with a short summary of the presentation contents as a kind of introduction. The second section shows three methods combating money laundering. With the third section, legal measures against money laundering are presented. An outlook completes this essay.

National and International Anti-money Laundering Law

Author : Benjamin Vogel,Jean-Baptiste Maillart
Publisher : Unknown
Page : 0 pages
File Size : 43,6 Mb
Release : 2020
Category : Money laundering
ISBN : 1780689543

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National and International Anti-money Laundering Law by Benjamin Vogel,Jean-Baptiste Maillart Pdf

Présentation de l'éditeur : "While Anti-Money Laundering instruments are ever increasing in scope and complexity, policymakers have often lost sight of the objectives pursued. As a consequence, legislation is, in many cases, shaped by unrealistic political expectations and inconsistent design. Against this backdrop, this book explains key deficiencies of existing law and develops policy proposals to enhance both effectiveness and respect for fundamental rights. To this end, it thoroughly examines the interplay between criminal justice, regulatory law and data protection rules in Germany, Italy, Spain, Switzerland and the United Kingdom, and contrasts these findings with the frameworks of the Financial Action Task Force and of the European Union. The results of this collaborative research project emphasise the need to approach Anti-Money Laundering as a complex architecture that consists of numerous diverse but highly interdependent areas of law. Reform debates must therefore overcome a fragmented vision, in particular as regards the shape of criminal proceedings, the function of Financial Intelligence Units and supervisory authorities, the aims of private sector involvement and the scope of public-private information sharing. Only then does one learn from past mistakes and avoid ill-conceived remedies that ultimately fail to adapt supranational standards to the institutional and constitutional reality of countries' domestic legal order."

Economic and Financial Crime

Author : Monica Violeta Achim,Sorin Nicolae Borlea
Publisher : Springer Nature
Page : 286 pages
File Size : 53,5 Mb
Release : 2020-08-29
Category : Social Science
ISBN : 9783030517809

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Economic and Financial Crime by Monica Violeta Achim,Sorin Nicolae Borlea Pdf

This book deals with the widespread economic and financial crime issues of corruption, the shadow economy and money laundering. It investigates both the theoretical and practical aspects of these crimes, identifying their effects on economic, social and political life. This book presents these causes and effects with a state of the art review and with recent empirical research. It compares the international and transnational aspects of these economic and financial crimes through discussion and critical analysis. This volume will be of interest to researchers and policy makers working to study and prevent economic and financial crime, white collar crime, and organized crime.

Countering the Financing of Terrorism

Author : Thomas J. Biersteker,Sue E. Eckert
Publisher : Routledge
Page : 349 pages
File Size : 41,7 Mb
Release : 2007-09-12
Category : Political Science
ISBN : 9781134155361

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Countering the Financing of Terrorism by Thomas J. Biersteker,Sue E. Eckert Pdf

Groups committing acts of terrorism have adapted their means of financing to elude detection since the 9/11 attacks in the United States. Surveying the global community’s multi-year effort to cut off terrorist funding, this volume offers a much-needed analysis of a complex, widely discussed, yet poorly understood subject. While books on terrorism have touched upon the topic, this is the first comprehensive, balanced, and scholarly overview of terrorist financing, its methods, and efforts to counter it. Bringing together leading analysts of terrorism, international relations, global finance, law, and criminology, Countering the Financing of Terrorism provides a critical assessment of the international effort to restrict terrorist financing. It evaluates the costs and benefits and offers recommendations for more effective policies for the future.