Search results
1 – 10 of 17
– The purpose of this paper is to take an overarching analytical perspective on four decades of money laundering regulation.
Abstract
Purpose
The purpose of this paper is to take an overarching analytical perspective on four decades of money laundering regulation.
Design/methodology/approach
This study extracts the principal impacts of anti-money laundering (AML) regulation through a distillation of money laundering research.
Findings
The most significant impacts of money laundering regulation are some recovery of tainted wealth, modest increases in the visibility of global financial transactions, disruption of tax haven jurisdictions and some distortions to international law.
Research limitations/implications
This study offers a glimpse of the wider impacts of money laundering underscoring the need for empirical work.
Originality/value
The originality lies in linking developments in discrete fields to money laundering regulation.
Details
Keywords
The purpose of this paper is to offer a preliminary comparison of the formation of money laundering and terrorist finance norms through international conventions and through…
Abstract
Purpose
The purpose of this paper is to offer a preliminary comparison of the formation of money laundering and terrorist finance norms through international conventions and through Security Council resolutions.
Design/methodology/approach
The formation of a global approach to criminal finance through the negotiation of international conventions is compared to the creation of a standardized approach through intervention by the United Nations Security Council.
Findings
While the formation of norms through the Security Council is efficient, it risks jeopardizing the legitimacy of the institution. Formation through conventions, with the assistance of soft‐actors, however at times glacial, is preferred.
Practical implications
The paper implies that the Security Council should seriously restrict any involvement in creating global norms attentive to terrorist funding.
Originality/value
The paper critiques global money laundering, and terrorist finance laws through the unique prism of norm formation. It demonstrates that the imperfect process of norm development through international conventions offers more promise than Security Council lead development.
Details
Keywords
This paper has the purpose of being a preliminary exploration of the link between taxation and the contemporary assault on the financial aspect of terrorism.
Abstract
Purpose
This paper has the purpose of being a preliminary exploration of the link between taxation and the contemporary assault on the financial aspect of terrorism.
Design/methodology/approach
This is a discussion paper.
Findings
Locating the origins of the link in the terrorist attacks of September 2001, it considers the ramifications of the fusion of taxation and international tax havens with terrorist finance.
Originality/value
The paper considers the link between taxation and the financial aspect of terrorism.
Details
Keywords
The purpose of this paper is to demonstrate the tentative, highly contingent nature of the contemporary press to impose stringent anti‐criminal finance regulatory obligations onto…
Abstract
Purpose
The purpose of this paper is to demonstrate the tentative, highly contingent nature of the contemporary press to impose stringent anti‐criminal finance regulatory obligations onto Canadian legal counsel.
Design/methodology/approach
The approach used in this work is to bring together problems associated with different areas of the anti‐criminal finance project in order to demonstrate how these problems compound in the context of the fusion of Canadian lawyers and anti‐criminal finance regulation. It draws chiefly on Canadian law and Canadian and international scholarship.
Findings
This paper shows that the tasking of Canadian legal counsel with additional regulatory burdens continues the pattern of developing legal strategies without paying sufficient attention to the actual results that the strategies produce.
Practical implications
This paper suggests that any continued construction of an anti‐criminal finance apparatus should be accompanied by enhanced study of its actual ability to generate results.
Originality/value
Most investigations of anti‐criminal finance developments assume the effectiveness of a strategy focused on detecting and intercepting resources linked to crime. Rather than assume its effectiveness, this paper demonstrates that an extraordinarily level of uncertainty animates that development.
Details
Keywords
Jaffar Yakkop Alkhayer and Chander Mohan Gupta
This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental…
Abstract
Purpose
This paper aims to examine the options available to arbitrators when they suspect money laundering during arbitration proceedings, considering their compatibility with fundamental principles and concepts of arbitration.
Design/methodology/approach
Using a doctrinal analysis approach, the paper draws on legal principles, antimoney laundering regulations and relevant literature to explore the topic. It considers relevant international treaties, standards set by the financial action task force on money laundering, cases and arguments from legal analysts and experts.
Findings
The paper identifies three options for arbitrators: disregarding suspicions, initiating an investigation or terminating the proceedings. Disregarding suspicions is deemed inappropriate, as it may facilitate the concealment of financial crimes. Initiating an investigation is seen as a preferable option, aligning with the arbitrator’s role and the public interest in nullifying contracts linked to criminal conduct. Terminating the proceedings is not recommended, as it contradicts the principle of natural justice. The paper emphasizes the importance of reasonable grounds for suspicions, notifying the parties, and allowing them to address the concerns.
Originality/value
This paper contributes to the existing literature by comprehensively analyzing the compatibility of these options with arbitration principles and concepts. It underscores the need for clear laws and directives to guide arbitrators in addressing financial crimes within the arbitration process, maintaining a balance between party autonomy and preventing the misuse of arbitration for illicit activities.
Details
Keywords
The high crimes of bribery and money laundering resonate vividly with the public, especially where politically exposed persons (PEPs) are involved. Conventional wisdom thus far…
Abstract
Purpose
The high crimes of bribery and money laundering resonate vividly with the public, especially where politically exposed persons (PEPs) are involved. Conventional wisdom thus far, dictates the adoption of even stiffer criminal sanctions for perpetrators of such crimes to solidify deterrence. This paper contends that while this approach may be a viable option in respect of PEPs in Western jurisdictions, it is less so with PEPs in Africa, where their peculiar socio-legal antecedents have rendered the venomous arrow of criminal sanction a largely anodyne prickle. The paper further contends that only a paradigm shift away from criminal to tougher civil remedy options can effectively address the endemic incidents of a growing number of PEPs actively engaged in financial crime aimed at asset stripping the state for personal gain in Africa.
Design/methodology/approach
The paper juxtaposes empirical evidence from historical records with comparative regional and international approaches to establish some creative new thinking on the subject matter.
Findings
The paper makes an important, significant and persuasive argument for a kind of paradigm shift in the approach to fighting corruption by PEPs in Africa specifically …. It is quite creative in deciphering a major root cause of the ineffectiveness in most of Africa of criminal sanction as an anti-corruption weapon, and in pressing trust law and the principles of fiduciary obligation into the service of thinking through the reinvigoration of the legal battle against corruption in Africa.
Originality/value
The paper makes a significant original contribution to the legal and policy literature. The author also displays an impressively sound technical command of the relevant and rather pivotal trust law principles and case law.
Details
Keywords
The notion of suing professionals — lawyers, brokers, accountants — appears to make good financial sense. It seems fiscally sensible because, while an offender may melt into the…
Abstract
The notion of suing professionals — lawyers, brokers, accountants — appears to make good financial sense. It seems fiscally sensible because, while an offender may melt into the night, take up residence in a foreign haven or otherwise dissipate his assets, established professionals usually have sufficient property at their disposal to make their pursuit through the civil court economically prudent. Shareholders in the Bre‐X affair sought, through a class action, to hold analysts and stockbrokers accountable for losses sustained when the price of Bre‐X shares suddenly collapsed in 1997. A decision in late November 1999 not to appeal a ruling of an Ontario Superior Court signals but a tiny ending to a messy multi‐million‐dollar scandal and to the quest to attach responsibility to a group of professionals. It is a tiny ending because it was the individualistic character of the legal issues in the context of the exigencies of the Ontario legislation, rather than the merits of the underlying claim, that foreclosed this attempt to hold professionals liable for financial losses.
In November 1998, the Home Office Working Group on Confiscation, a group convened in 1990 to monitor the operation of confiscation and money‐laundering legislation, released its…
Abstract
In November 1998, the Home Office Working Group on Confiscation, a group convened in 1990 to monitor the operation of confiscation and money‐laundering legislation, released its third report, a comprehensive examination of the confiscation and money‐laundering control regimes in England and Wales. The report recommends numerous changes, some of which fill gaps in the present framework and others that radically alter the methods deployed to ensure that criminal profits do not lie secure in the hands of their owners. Previous reports heavily influenced subsequent legislative developments so it is anticipated that this document foreshadows the legislative course to be pursued by the Labour Government in the near future.
Celiac disease is an auto-immune disorder that requires strict lifelong adherence to a gluten-free diet. I explore how a celiac diagnosis affects gendered feeding work within…
Abstract
Purpose
Celiac disease is an auto-immune disorder that requires strict lifelong adherence to a gluten-free diet. I explore how a celiac diagnosis affects gendered feeding work within families.
Methodology/approach
This chapter is based on a grounded theory analysis of field research with five celiac support groups and 80 in-depth interviews. I interviewed 15 adult men and 56 adult women with celiac, plus nine additional family members.
Findings
Gendered care work norms place the onus of responsibility for gluten-free feeding work on women, multiplying time spent planning, shopping, and preparing meals. Women employ distinct gendered strategies to accommodate the gluten-free diet. Following a strategy of integration, women tailor family meals to meet other diagnosed family members’ dietary needs and the entire family’s taste preferences. However, when women themselves have celiac, they follow a pattern of deferential subordination, not allowing their own dietary needs to alter family meals. Thus, women continue to prepare family meals as a form of care for others, even when their medical needs justify putting themselves first.
Originality/value
Social support is a key determinant of compliance with necessary lifestyle and dietary changes in chronic illness. However, little research explores the gendered dynamics within families accounting for the link between social support and dietary compliance. I show how gendered care work norms benefit husbands and children with celiac, while simultaneously disadvantaging women with celiac.
Details
Keywords
The purpose of this paper is to investigate latter‐day statutory initiatives imposing taxes on earnings tainted by crime.
Abstract
Purpose
The purpose of this paper is to investigate latter‐day statutory initiatives imposing taxes on earnings tainted by crime.
Design/methodology/approach
Case‐law analysis of taxation in the context of criminal activity.
Findings
The taxation of tainted finance holds some promise for attacking criminal resources though it is not a new strategy.
Research limitations/implications
The findings are preliminary and limited chiefly to Canadian and UK law.
Originality/value
The paper considers the tax dimension of contemporary debates on criminal finance.
Details