Journal of Financial Crime: Volume 11 Issue 2

Part 7 of the Proceeds of Crime Act 2002: double criminality, legal certainty, proportionality and trouble ahead

Paul Marshall

Introduces the very wideranging and draconian Proceeds of Crime Act 2002 (PoCA) and its provisions under section 7 for denying the commercial and banking system to would‐be money…

US Government agencies confirm that low‐tax jurisdictions are not money‐laundering havens

Daniel J. Mitchell

Refers to the conclusion by the US Central Intelligence Agency (CIA) and State Department that low‐tax jurisdictions do not attract a disproportionate share of dirty money; the…

The seizure, detention and forfeiture of cash in the UK

R. E. Bell

Stresses that the criminal economy is much more cash‐intensive than the legitimate economy, and explains why. Indicates the scope of the problem for crime control: that carrying…

Corporate governance: directors, shareholders and the Audit Committee

Mohammed B. Hemraj

Discusses the different roles played by directors, shareholders and auditors in ensuring the success of a company. Outlines the responsibilities of the directors, pointing out the…

Acts of terror, illicit drugs and money laundering

Ed Jurith

Highlights the connexions between terrorism, illicit drugs and money laundering; the author is General Counsel for the Executive Office of the President, Office of National Drug…

Reacting to cyber‐intrusions: the technical, legal and ethical dilemmas

Richard E. Overill

Introduces the subject with the classical three‐layer security paradigm for information assurance of “protect, detect, react”, noting that it leaves open the question of who or…

Tracing and confiscating the proceeds of crime

Nicholas Cribb

Discusses the prosecution of solicitor Jonathan Duff for failing to disclose his suspicions of money laundering by two clients; he was sentenced to six months imprisonment…

Stanley Works: to Bermuda or not to Bermuda, that was the question

Jackie Johnson, Mark Holub

Deals with the subject of US companies which relocate offshore to take advantage of the tax differentials between countries following globalisation. Focuses on Stanley Works, an…

The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998

Jeanne K. Nel

Considers how the rights of children, protected under the Constitution of the Republic of South Africa and its Bill of Rights, can be reconciled with the effects of heavy fines…