Details
Detailed guidance is provided on all aspects of international money laundering in this concise yet comprehensive guide. Presented in the context of the UK legal framework, International Money Laundering and Terrorist Financing:
- Examines UK and international laws and regulatory structures offering detailed advice in methods of prevention
- Covers practice and procedure in depth, and analyses case law
- Defines what constitutes money laundering and how this operates across frontiers
- Gathers together and explains anti-money laundering legislation in the UK, Europe and the USA
- Explains the responsibilities of those commercial activities that could be exploited by money launderers
- Examines the responsibilities of professional advisers whose clients’ activities could involve money laundering
- Explains the problems that practitioners face when working internationally in this field
- Moves step-by-step through practice and procedure for legal proceedings
- Analyses the various money laundering offences including: assisting retention, acquiring possession and use, concealing or transferring, failing to disclose and tipping off
- Advises on trial preparation and presentation, including tactics and evidence
- Sets out the most relevant legislation including sections of the Proceeds of Crime Act 2002, Money Laundering Regulations 2007 and the Terrorism Act 2000
Background
- Definition and development
- Recognition
- Criminalisation
- Enforcement
Compliance with money laundering regulations
- Enforcement and sanctions
Who is subject to them?
- Procedures, record keeping and training
- The nominated officer and the reporting of suspicious transactions
- The risk based approach
- Customer due diligence
- Supervision and registration
UK money laundering and terrorist financing offences
- The nature of restraint orders in relation to money laundering and terrorist financing
- Jurisdiction
- The principal money laundering and terrorist financing offences
- Reporting offences
- Investigation offences
- Offences under the Money Laundering Regulations 2007
Confiscation
- Criminal confiscation law and procedure
- Civil confiscation law and procedure
- Cash seizure and forfeiture law and procedure
EU and international legislation and guidance
- Council of Europe measures
- European Union measures
- United Nations initiatives
- Other organisations
Appendices
Review by Colin Wells, Barrister at 25 Bedford Row for Criminal Bar Quarterly
International Money Laundering and Terrorist Financing – a UK perspective
Authors: Paul Hynes, Richard Furlong, Nathaniel Rudolf.
This book is a must for all professionals and practitioners (financial, lawyers, auditors, accountants, insolvency, notaries, casinos, estate agents, trust and company service providers, public bodies and high value dealers) who are regulated or advise and represent those accused of money laundering and those who investigate, enforce and prosecute the same.
It provides a comprehensive guide to the relevant legislation, providing a detailed examination of the UK Government’s measures to combat money laundering and terrorist financing.
The book achieves its aim of examining money laundering from both a business compliance and a legal enforcement perspective. The step by step approach to practice and procedure is of great practical assistance to all of those who are responsible for compliance and advisors in legal proceedings.
Part A of the book introduces the topic of money laundering in terms of its existence, definition, development, recognition and anti-combat measures. This background is useful as it gives a context to the legislation and other regulations introduced by various Governments. The background gives helpful insight into the draconian measures adopted by legislators, law enforcement agencies and upheld by the judiciary as part of the criminalisation process.
The examination of the Money Laundering Regulations in Part B of the book, with guidance from professional bodies and trade associations and substantive criminal offences (including Proceeds of Crime Act 2002) in Part C, provides a thorough examination of anti-money laundering measures.
The international coverage is useful as money laundering occurs across many different borders and jurisdictions. As the authors observe, “different jurisdictions view the matter in different ways” and devise different solutions, so that no jurisdiction can be viewed in isolation: a point recognised by the United Nations, European Union and Financial Action Task Force.
The legal and practical experience of the three barrister authors is clear as the book gives clear and practical guidance, particularly in the difficult and complex area of confiscation, both civil and criminal (see Part D).
As a practitioner myself, I particularly find the 52 appendices (containing 928 pages) invaluable; all the relevant statutes, secondary legislation, guidance and international directives contained in one book.
This is an essential tool in any practitioner’s kit bag.
International Money Laundering and Terrorist Financing
– a UK perspective is published by Sweet and Maxwell (December 2008): ISBN 978-1-84703-133-4.
Colin Wells, Barrister, 25 Bedford Row
For Criminal Bar Quarterly
