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Banks and Financial Crime: The Law of Tainted Money, 2nd Edition

Banks and Financial Crime: The Law of Tainted Money, 2nd Edition

Author: William Blair; Richard Brent
Publisher: Oxford University Press
ISBN: 9780198716587

Previous Edition ISBN: 9780199291724
Published In: January 2017
Format: Hardback , 544 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to "tainted money". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminal practitioners, public international lawyers, and overseas (in particular US) lawyers.

The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered.

The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emerging response of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies.

Part I: Introduction: Banks and Money Laundering

1: 1. Introduction: Banks and Money Laundering

Part II: The international law of tainted money

2: General Introduction: some problems relating to the role of international law

3: International Legal Sources I - the United Nations Conventions

4: International Legal Sources II - the UN Security Council Resolutions

5: International Legal Sources III - Sources of "soft law"

6: International Legal Sources IV: The European Union and the Council of Europe

Part III: Public Obligations and Regulatory Responsibilities

A: Offences

7: Money Laundering Offences under POCA

8: The Terrorism Acts and Conspiracy

B: Sanctions and Regulatory Responsibilities

9: UK Sanctions Regimes

10: Regulatory Responsibilities

Part IV: Professions and Financial Crime

11: The professions and financial crime

Part V: The Private Law of Financial Crime

12: Claims arising under UK private law

Part VI: Financial Crime and Private International Law

13: Introduction

14: Money had and received

15: Knowing receipt

16 Dis16: Dishonest Assistance

17: Deceit

18: Conspiracy

Part VII: Providing and Obtaining Assistance

A: Providing Assistance

19: Providing Assistance: Proceeds of Crime Act 2002: Investigations and Remedies

20: The Anti-Terrorist Regimes and FSMA

B: Obtaining Assistance

21: Judicial co-operation including obtaining evidence

Part VIII: The Future of International Law of Tainted Money: Problems of Implementation and Effectiveness

22: The future of the international law of tainted money

Edited by William Blair QC, Barrister, 3 Verulam Buildings, Gray's Inn, and Richard Brent, Barrister, 3 Verulam Buildings, Gray's Inn

Contributors:

William Blair QC, 3 Verulam Buildings, London, UK

Richard Brent, 3 Verulam Buildings, London, UK

Zachary Douglas, University College London, UK

James Evans, 3 Verulam Buildings, London, UK

Rudi Fortson, 25 Bedford Row, London, UK

Fred Hobson, 3 Verulam Buildings, London, UK

Roger Masefield, Brick Court Chambers, London, UK

Jonathan Peddie, Barclays Bank Plc, London, UK

Cheong-Ann Png, Asian Development Bank, Manila, The Philippines

"This work is a collecion of essays....from nine distinguished authors who, drawn from the commercial and public law Bar and the banking industry, share several lifetimes' worth of practical experience and insight into this ever more complex, multi-layered and fast-moving area of law. It is welcome for that reason alone" - Professor Joanna Gray, Journal of Business Law

"The book succeeds as a comprehensive and sometimes thought-provoking guide to a difficult and multi-faceted topic." - Professor Joanna Gray, Journal of Business Law

"This book is easily one of the most useful additions to the emerging literature on tainted money." - The Commonwealth Lawyer

"A thorough and well-researched resource for law libraries with collections on international banking, particularly those that deal with the UK or other European nations." - Jim Kelly, Access Services Research Librarian, Vanderbilt University, Nashville, TN