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4 result(s) for "Organized crime -- Finance -- Law and legislation -- Criminal provisions"
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Dirty Assets
Adopting a multi-disciplinary and comparative approach, this book focuses on the emerging and innovative aspects of attempts to target the accumulated assets of those engaged in criminal and terrorist activity, organized crime and corruption. It examines the ’follow-the-money’ approach and explores the nature of criminal, civil and regulatory responses used to attack the financial assets of those engaged in financial crime in order to deter and disrupt future criminal activity as well as terrorism networks. With contributions from leading international academics and practitioners in the fields of law, economics, financial management, criminology, sociology and political science, the book explores law and practice in countries with significant problems and experiences, revealing new insights into these dilemmas. It also discusses the impact of the ’follow-the-money’ approach on human rights while also assessing effectiveness. The book will appeal to academics and researchers of financial crime, organized crime and terrorism as well as practitioners in the police, prosecution, financial and taxation agencies, policy-makers and lawyers. 'Dirty Assets is a remarkable collection of scientific contributions, which follow the common thread of examining how criminal activities might be countered by putting a stop to illicit financial flows... In conclusion, the volume, which appears written with a clear view of its impact on future directions and developments in the area of criminal assets confiscation and recovery, achieves the goal of offering a brilliant overview of the most relevant measures implemented at both domestic and supranational level in order to interrupt the illicit financial flows that feed criminal and terrorist organisations, enabling them to carry out their criminal activities.' Costantino Grasso , University of East London, UK, Australian & New Zealand Journal of Criminology Colin King is Senior Lecturer in Law at the University of Sussex. He is also Academic Fellow at the Honourable Society of the Inner Temple. Prior to joining Sussex, Colin lectured at the Universities of Manchester and Leeds, and was Director of the University of Leeds Innocence Project. He completed his PhD at the University of Limerick, Ireland in 2010. Clive Walker is Professor of Criminal Justice Studies at the School of Law, University of Leeds, where he has served as the Director of the Centre for Criminal Justice Studies (1987-2000) and as Head of School (2000-2005, 2010). He has written extensively on criminal justice issues with a special focus on terrorism issues and also miscarriages of justice, with many publications not only in the UK but also in several other jurisdictions, especially the USA, where he has been a visiting professor at George Washington and Stanford Universities. In 2003, he was a special adviser to the UK Parliamentary select committee which scrutinised what became the Civil Contingencies Act 2004, from which experience he published The Civil Contingencies Act 2004: Risk, Resilience and the Law in the United Kingdom (Oxford University Press, 2006). He has also given evidence to many other Parliamentary and official inquiries, not only in the UK but also in Australia, Canada, and the US. His latest book on terrorism is a comprehensive study of Terrorism and the Law (Oxford University Press, 2011) and was supported by an AHRC fellowship. His standing in the field of terrorism laws has resulted in his appointment by the Home Office as a special adviser.
Barriers to Asset Recovery
It is estimated that the proceeds of crime, corruption and tax evasion represent between $1 trillion and $1.6 trillion per year, with half coming from developing countries. Proceeds are typically transferred abroad and hidden in foreign jurisdictions, thus requiring international cooperation. Various international conventions and agreements require international cooperation on this issue, in particular the United Nations Convention against Corruption; however, only $5 billion in stolen assets have been repatriated over the last 15 years. This enormous gap reveals that significant barriers continue to impede asset recovery despite the commitments taken by governments, civil society and the private sector. Drawing on the experience of practitioners with hands-on experience, the Stolen Asset Recovery (StAR) Initiative launched this study to identify the barriers to stolen asset recovery internationally, provide brief analysis of the impact of these barriers, and propose recommendations for overcoming these obstacles. This volume is intended to guide policy makers in their efforts to ensure necessary resources and the development of a plan, policy or strategy aimed at eradicating the barriers to asset recovery. In addition, this study proposes actions to be taken by the G20, international organizations, financial institutions, developmental agencies and civil society.
Money laundering laws as a political instrument: the social cost of arbitrary money laundering enforcement
The paper explains the reasons for modern money laundring legislation, namely to reduce the incidence of certain primary offences. Whereas enactment and effectuation of this legislation is costly, its postive effects typically materialize in other jurisdictions (positive external effects). The paper shows that international covenants seek to give direct incentives to overcome the possible underprovision in anti-money laundering legislation and enforcement. The paper also shows how, in such an international context, anti-money laundering legislation can be easily misused as a political weapon in the cross-border fight against \"unwanted individuals\" and gives concrete examples for such an arbitrary enforcement.
Anti-Money Laundering Framework in South Africa the United States and the United Kingdom
Given the fact that money laundering can serve to create a smokescreen for financing of various activities that not only are criminal in nature but that can also threaten lives and can sweep across borders it has been recognised globally that mechanisms have to be put in place to prevent money laundering as a conduit for criminal activity. An effective AML framework is thus not only necessary but is essential for South Africa to combat money laundering.This study investigates whether the AML framework in South Africa is sufficient in combating money laundering. In addition, it seeks to address the shortcomings of the AML framework in South Africa, highlight certain areas for improvement in comparison to the UK AML framework and reveals the need for further incorporation of the global AML framework into the AML framework in South Africa.The UK has adopted a progressive stance towards combating money laundering which pre-dates the measures introduced by the international community. It has implemented all the international legal AML instruments emanating from the UN and EU and in many instances, its provisions have exceeded the international benchmarks.South Africa is a country that is highly susceptible to money laundering as a result of its financial system being the major financial center in the African region and it is clear that South Africa will need to rely on the available international expertise in money laundering from countries such as the UK.Ultimately this study illustrates that it is essential for South Africa to critically examine its AML framework and address remaining deficiencies to bring it in line with the global AML framework. In addition, South Africa needs to adopt an aggressive stance towards money laundering and go beyond the international standards and implement and formulate its own legislation which is tailored towards its own unique challenges. South Africa further needs to increase available resources and institutional and structural capacity in order to combat money laundering and ultimately seek solutions to overcome the challenges it faces as a developing country.