This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory…
Abstract
Purpose
This paper aims to explore the ways in which the international standards in the field of anti-money laundering (AML) and counter-terrorist financing (CTF) have reshaped regulatory regimes in a globalised world.
Design/methodology/approach
This paper deconstructs the origins and development of international standards in the field of AML and CTF dealing with longstanding legal professional privilege. This paper adopts both qualitative and quantitative research methodologies. The qualitative aspect comprises a literature review of sources, including scholarly works, Financial Action Task Force (FATF) recommendations, reports and domestic laws. The quantitative aspect analyses a unique and comprehensive table reproduced below, that indicates Australia’s compliance with all the FATF recommendations over more than a decade with full alternation to FATF’s revisions of its recommendations.
Findings
This paper demonstrates that an understanding of the influence of the FATF norms can shed light on the departure from regular lawmaking processes and emerging forms of international governance. The conclusion suggests that tranche II is coming and Australia will amend it in domestic regime to comply with the international standard, applying the AML/CTF regime to the legal profession and thus interfering with legal professional privilege. The question is not if but when.
Originality/value
This paper fills the gaps in the existing literature by contemplating the future of legal professional privilege globally and in Australia, which provides a case study of a regime that does not yet comply fully with AML and CTF international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the theoretical foundations of legal professional privilege, as well as its practicalities and limitations, without considering the influence of the international non-binding norms.
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Charlotta Niemistö, Jeff Hearn, Mira Karjalainen and Annamari Tuori
Privilege is often silent, invisible and not made explicit, and silence is a key question for theorizing on organizations. This paper examines interrelations between privilege and…
Abstract
Purpose
Privilege is often silent, invisible and not made explicit, and silence is a key question for theorizing on organizations. This paper examines interrelations between privilege and silence for relatively privileged professionals in high-intensity knowledge businesses (KIBs).
Design/methodology/approach
This paper draws on 112 interviews in two rounds of interviews using the collaborative interactive action research method. The analysis focuses on processes of recruitment, careers and negotiation of boundaries between work and nonwork in these KIBs. The authors study how relative privilege within social inequalities connects with silences in multiple ways, and how the invisibility of privilege operates at different levels: individual identities and interpersonal actions of privilege (micro), as organizational level phenomena (meso) or as societally constructed (macro).
Findings
At each level, privilege is reproduced in part through silence. The authors also examine how processes connecting silence, privilege and social inequalities operate differently in relation to both disadvantage and the disadvantaged, and privilege and the privileged.
Originality/value
This study is relevant for organization studies, especially in the kinds of “multi-privileged” contexts where inequalities, disadvantages and subordination may remain hidden and silenced, and, thus, are continuously reproduced.
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The purpose of this paper is to explore the implications of setting access restrictions to legislative drafting records – specifically in New Zealand.
Abstract
Purpose
The purpose of this paper is to explore the implications of setting access restrictions to legislative drafting records – specifically in New Zealand.
Design/methodology/approach
Various international archival institutions and other offices which create legislative drafting records were contacted to see what access restrictions were placed on any legislative drafting files that they held. The information provided by these institutions, together with written theoretical information regarding public access and legal professional privilege, was the basis for the research.
Findings
There is no standard approach to allowing public access to legislative drafting records across the institutions researched. The level of accessibility varies, as does the period of restriction. In New Zealand legislative drafting records are considered to be protected by legal professional privilege and therefore are restricted unless the privilege is waived.
Research limitations/implications
The main form of communication used to contact the various institutions was e‐mail. A large number of institutions and offices from which information was requested did not reply, and some that did reply did not provide answers specific to legislative drafting records. The research is therefore limited to the information that was received.
Originality/value
There is very little published information available regarding legislative drafting records and public access to them. These records are unique due to debate over whether or not they are, or should be, covered by legal professional privilege. Because of the unique nature of these records, there is no common or widely available precedent to follow when applying access restrictions to them.
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Doyin Atewologun and Ruth Sealy
In management studies, assumptions surround the fixed, categorical and binary nature of male, ethnic and other privileges. Compared to white, middle-class men, “others” are…
Abstract
Purpose
In management studies, assumptions surround the fixed, categorical and binary nature of male, ethnic and other privileges. Compared to white, middle-class men, “others” are typically assumed not to experience privilege. The authors counter this assumption by applying intersectionality to examine privilege's juxtaposition with disadvantage. The paper offers an elaborated conceptualisation of organisational privilege and insight into the agency employed by individuals traditionally perceived as non-privileged. The paper aims to discuss these issues.
Design/methodology/approach
Using diaries and interviews, the paper analyses 20 micro-episodes from four senior minority ethnic women and men's accounts of intersecting ethnic, gender and senior identities. The paper identifies how privilege plays out at the juxtaposition of (male gender and hierarchical) advantage with (female gender and ethnic) disadvantage.
Findings
The fluidity of privilege is revealed through contextual, contested and conferred dimensions. Additionally, privilege is experienced in everyday micro-level encounters and the paper illustrates how “sometimes privileged” individuals manage their identities at intersections.
Research limitations/implications
This in-depth analysis draws on a small sample of unique British minority ethnic individuals to illustrate dimensions of privilege.
Practical implications
It is often challenging to discuss privilege. However, the focus on atypical wielders of power challenges binary assumptions of privilege. This can provide a common platform for dominant and non-dominant group members to share how societal and organisational privileges differentially impact groups. This inclusive approach could reduce dominant group members’ psychological and emotional resistance to social justice.
Originality/value
Through bridging privilege and intersectionality perspectives, the paper offers a complex and nuanced perspective that contrasts against prevalent conceptions of privilege as invisible and uncontested.
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Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007…
Abstract
Purpose
Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007, 2018 and lately in 2019. The legal professionals are, therefore, not bound by the reporting and other stringent obligations imposed by the Financial Action Task Force (FATF) to deter possible misuse by money launderers. The purpose of this paper, therefore, is to enumerate the ongoing efforts toward designating lawyers as DNFBPs in Kenya. The paper also assesses the institutional and legislative incentives (as well as barriers) for imposing the anti-money laundering (AML) duty thereto.
Design/methodology/approach
The paper provides a qualitative review of Kenya’s AML legislative framework and the potential support/hindrance to imposing the AML duty on lawyers. Also, this paper provides a suggestion for possible solutions.
Findings
The legislative framework in Kenya has outlawed money-laundering, and lawyers can be compelled to disclose confidential information observed in the course of employment if it embodies crime or fraud. Thus, imposing the AML obligation on lawyers is nothing out of the ordinary, rather a mere creation for a formal disclosure mechanism. However, this paper also revealed divergent views that merit reconciliation for the seamless designation of lawyers.
Originality/value
To enhance the legislative framework in Kenya, the paper borrows from the FATF’s Interpretive Note to Recommendation 23 and suggests a practical solution to the apparent conflict between the legal professional privilege and the AML duty.
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This chapter introduces the construct of “white pricks” defined as vaccines of moral awakenings to inoculate against racialized trauma in a white-centered majority in library and…
Abstract
This chapter introduces the construct of “white pricks” defined as vaccines of moral awakenings to inoculate against racialized trauma in a white-centered majority in library and information science (LIS) education and challenge its hegemonic power, privilege, and oppressions. In keeping with the theme of the book, one male “voice” of color from the margins of a predominantly white-female majority provides a strategic approach to operationalize social justice toward antiracist praxis and decenter white privilege in a professional association’s leadership networks of LIS educators. The narrative also highlights ways to integrate the American Library Association’s ninth principle recently included in its Code of Ethics beyond “lip-service” via social justice actions to change imbalanced power dynamics and discard systemic enactment of dysfunctional behaviors, practices, and policies.
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Simone Fanelli, Gianluca Lanza and Antonello Zangrandi
The purpose of this paper is to describe the design and construction of a privilege mapping system (clinical and organizational competences) of the medical staff of the Niguarda…
Abstract
Purpose
The purpose of this paper is to describe the design and construction of a privilege mapping system (clinical and organizational competences) of the medical staff of the Niguarda Hospital in Milan, Italy. The second aim is to measure and assess the impact of implementing an evaluation process of clinical competences at the same hospital.
Design/methodology/approach
The paper retraces the development and implementation of the evaluation of the privilege system, highlighting the subjects involved, the phases and outputs. Moreover, a questionnaire was distributed to 50 heads of unit involved in the planning, building and implementation of competences mapping. Five areas were investigated: competences evaluation for professional development; the impact on work organization and professional roles; professional collaboration; its impact according to context (hospital or unit) and time scale (short or long term); and ability to evaluate clinical outcome.
Findings
Results reveal success factors for the development and implementation of a privilege mapping system. Furthermore, the survey revealed that clinical leaders are aware of the importance of competences evaluation. In particular, they consider it as a management tool useful for professional development, for identifying excellence and planning operational activities.
Originality/value
Literature and practical evidence recognize the need to assess the clinical and organizational competences in order to assign tasks and responsibilities. However, there are no studies that describe the construction of systems of evaluation of privileges, as it has never been investigated as professionals perceive these tools.
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To explore how lawyers are used to launder the proceeds of criminal activity. Regulatory measures that compel legal professionals to report suspected money laundering, and the…
Abstract
Purpose
To explore how lawyers are used to launder the proceeds of criminal activity. Regulatory measures that compel legal professionals to report suspected money laundering, and the implications this has for solicitor‐client privilege, are also addressed.
Design/methodology/approach
Data were collected from a sample of Royal Canadian Mounted Police proceeds of crime (POC) case files using a standardized questionnaire.
Findings
A statistical analysis reveals that lawyers came into contact with the POC in 49.7 percent of all RCMP cases examined. Lawyers are implicated in money laundering (both wittingly and unwittingly) primarily through their role as an intermediary in a commercial or financial transaction. In the majority of these cases, lawyers were facilitating a real property transaction by an individual engaged in drug trafficking. Lawyers were also used by offenders or their nominees to incorporate companies, purchase securities, and conduct bank transactions, including those pertaining to legal trust accounts.
Research limitations/implications
The analysis of money laundering is based exclusively on an analysis reliance of police cases. The RCMP database from which the sample was drawn was not as complete as originally thought.
Practical implications
Associations representing the legal profession have vehemently resisted mandatory reporting obligation, arguing that it abrogates solicitor‐client privilege. This paper supports the tacit consensus emerging internationally that mandatory reporting for legal professionals should apply only to the financial and commercial transactions mediated by lawyers on behalf of clients.
Originality/value
This research helps to inform the debate over the extent to governments should mandate lawyers to report transactions or clients that may be involved in money laundering.
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Ilay H. Ozturk, John M. Amis and Royston Greenwood
The Scottish civil justice system is undergoing its most substantive transformation in over 150 years. This reformation will create new judicial bodies, alter the jurisdictional…
Abstract
The Scottish civil justice system is undergoing its most substantive transformation in over 150 years. This reformation will create new judicial bodies, alter the jurisdictional reach of courts, and drastically unsettle what has been, up to now, a highly stable institutional field. These changes have caused pronounced threats to the status of different groups of actors in the field. Our work examines the impact of these threats, and the varying responses among groups of professional actors. In so doing, we detail how intra-professional status differences and uncertainty hindered attempts to maintain threatened institutions.
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Dean Neu, Constance Friesen and Jeffery Everett
Starting from the premise that formal ethical codes and other ethical discourses differ in their audiences, effects and characteristics, it is analyzed how practitioner‐directed…
Abstract
Starting from the premise that formal ethical codes and other ethical discourses differ in their audiences, effects and characteristics, it is analyzed how practitioner‐directed ethical discourses have spoken and continue to speak about character‐based ethics. Borrowing from the literature on professions and Pierre Bourdieu’s theory of practice, starts from the assumption that editorials in practitioner‐oriented publications are a form of cultural good traded on an internal symbolic market. By providing access to symbolic capital, trade in this good acts to bind together members of the accounting profession, yet trade in this good also has the potential to obscure a number of important, underlying social issues. The study is based on a close (textual) reading of editorials in the Canadian Chartered Accountant (subsequently renamed CA Magazine) from 1911 to 1999, and this reading is framed in light of a number of macro‐level and meso‐level (contextual) changes. It is found that character‐based ethical discourses continue to pervade this professional field, though not without important changes which themselves need to be explained in light of the more widespread, non‐professional field.