Money Laundering Law And Regulation

This title provides a practical, comprehensive guide to domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organised crime.

Anti-Money Laundering is the definitive reference on money laundering and practice. First an outline will be given of the general approach taken by supra-national organisations like the United Nations and the European Council. Next the approach taken by international organisations and initiatives on the basis of the supra-national initiatives will be outlined by senior members of those organisations. A number of countries will then describe their specific prevention legislation. Countries involved will all be member-countries of the FATF (Financial Action Task Force on Money Laundering). Finally there will be an overview to enable the reader to make a comparison between the most important topics of money laundering legislation and rules in the different countries.

Money Laundering Law and Regulation provides a practical, comprehensive guide to domestic anti-money laundering law and regulation. It covers the law on money laundering and terrorist financing together with the requirements of the Money Laundering Regulations 2007.

Ravi Rajcoomar, one of the Caribbean's leading attorneys, was born in Trinidad, WI, and spent his early years in the United Kingdom. An academic scholar, he studied law at the UWI, Cavehill and Hugh Wooding Law School before starting his prodigious practice in criminal and civil law from1987 in Trinidad and Tobago, working in some of the country's most prestigious law firms, alongside legal luminaries such as Karl Hudson Phillips, QC and the late Desmond Allum, QC. A married father of four, he's currently attached to Trinity Chambers in Port of Spain. Known for his unique legal acumen, he has litigated in some of the region's most prominent and groundbreaking criminal and civil cases, many of which set legal precedent in the Caribbean and Commonwealth region in the past 25 years. As a founding member and executive officer of the Criminal Bar Association of T&T, he pioneered several domestic legal initiatives, including reform in the Magisterial Courts, legislation for DNA, paper committals and copyright infringement, use of witnesses statements in trials, visual recordings of police interviews, the Financial Investigation Unit and compliance and competition economics in the Caricom region. As a former senior member of the Council of the Law Association of Trinidad and Tobago, he spearheaded major national legal initiatives aimed at protecting the public's interest, including the review of prisoners' rights and Constitutional Reform. Rajcoomar has also authored publications in Lawyer on Abuse of Process in Criminal Law and DNA and the Criminal Law, as well as A guide for Money Laundering Law & Regulation in Trinidad and Tobago.' He's also lectured at the Hugh Wooding Law School since 2005, and currently serves as a Commissioner of the Trinidad and Tobago Securities Exchange Commission.

Anti-Money Laundering Regulation and Compliance: Key Problems and Practice Areas is a comprehensive treatment of the Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) compliance programs, recordkeeping and reporting requirements, and the best practices under the Bank Secrecy Act (BSA) and sanctions regulatory regimes. AML/CFT and sanctions provisions are highly interrelated. Onboarding and customer due diligence requirements generate the data entered into transaction monitoring and screening systems.

This book introduces and contextualizes the revised and strengthened legislation on the laundering of criminal funds mandated by the European Union on the 20th May 2015. The authors provide fresh and new insight into the EU’s fourth directive 2015/849, with a specific focus on topics such as: beneficial ownership and effective transparency, the risk-based approach, the issue of supervision of payment institutions that operate across borders by agents, the new method of risk assessment, tax crimes inclusion in “criminal activity” definition, and the effects of new rules on the gambling sector. The authors present the new laws in the context of their legal genealogy and demonstrate the benefits they bring in raising the standards for anti-money laundering regulation and counter-terrorism financing. The book’s comprehensive exploration of this new legislation will appeal to policy-makers, students and academics hoping to understand the changes more clearly.

"This essential resource on money laundering laws contains the up-to-date Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations, FINTRAC guidelines and related legislation and materials. The expert commentary, prepared by Terence D. Hall of Cassels, Brock & Blackwell LLP, outlines the compliance requirements and liablilities of lawyers, financial institutions, accountants and other reporting entities under the post-2006 amendments regime. Also included are the Forty Recommendations and the Nine Special Recommendations issued by the Financial Action Task Force."--Back cover

Présentation de l'éditeur : "While Anti-Money Laundering instruments are ever increasing in scope and complexity, policymakers have often lost sight of the objectives pursued. As a consequence, legislation is, in many cases, shaped by unrealistic political expectations and inconsistent design. Against this backdrop, this book explains key deficiencies of existing law and develops policy proposals to enhance both effectiveness and respect for fundamental rights. To this end, it thoroughly examines the interplay between criminal justice, regulatory law and data protection rules in Germany, Italy, Spain, Switzerland and the United Kingdom, and contrasts these findings with the frameworks of the Financial Action Task Force and of the European Union. The results of this collaborative research project emphasise the need to approach Anti-Money Laundering as a complex architecture that consists of numerous diverse but highly interdependent areas of law. Reform debates must therefore overcome a fragmented vision, in particular as regards the shape of criminal proceedings, the function of Financial Intelligence Units and supervisory authorities, the aims of private sector involvement and the scope of public-private information sharing. Only then does one learn from past mistakes and avoid ill-conceived remedies that ultimately fail to adapt supranational standards to the institutional and constitutional reality of countries' domestic legal order."