The Palgrave Handbook Of Criminal And Terrorism Financing Law

The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.

The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. It assesses its effectiveness and its contribution to the erosion of democracy.

A concise and practical guide to domestic laws dealing with proceeds of crime and money laundering including recent amendments to the Criminal Code and new anti-terrorism legislation.

This book uncovers the reality of organised crime, considering what is meant by the term 'organised', and discussing the different forms of activities organised crime engages in, from human trafficking to extortion. Offering a global perspective, from the Mafia to the Yakuza, it considers efforts to combat organised crime today.

On September 11, 2001, 19 terrorists committed the largest and deadliest terrorist attack in the United States of America. The response from the inter-national community, and in particular the US, was swift. President George Bush declared what has commonly been referred to as either the ‘War on Terror’ or the ‘Global War on Terror’ on September 20, 2001. Four days later, he instigated the ‘Financial War on Terrorism’. This book defines and identifies the so-called ‘Financial War on Terrorism’. It provides a critical review of the impact of counter-terrorist financing strategies enacted by both individual jurisdictions and international organisations. Taking a comparative approach, the book highlights the levels of compliance in each selected jurisdiction and organisation with the requirements of the ‘Financial War on Terrorism’. The book analyses measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees, and the Recommendations of the Financial Action Task Force. It also reviews the counter-terrorist financing measures of the European Union and the Council of Europe, paying particular attention to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime. The book goes on to review the measures put in place in the US following September 11, 2001. Offering a much-needed legal analysis of the measures enacted under the ‘Financial War on Terrorism’, this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance.

Money laundering is a global issue and there is evidence that the services provided by the legal profession may be misused to launder the proceeds of crime. This book explores the experiences of professionals within Top 50 law firms when seeking to comply with the UK’s anti-money laundering (AML) regime. The book draws upon empirical evidence from 40 in-depth interviews with solicitors and compliance personnel from 20 Top 50 law firms. Access to this section of the legal profession is challenging in the context of academic research, and the research provides an account, seldom heard in academic literature, directly from practitioners. The book uses these research findings to explore and discuss the AML compliance issues faced by this section of the profession. It highlights the challenges presented by the legislative architecture of the Proceeds of Crime Act 2002, and considers compliance issues relating to customer due diligence, AML training, the client account and the suspicious activity reporting regime. It also considers participants’ perceptions of the regime, their role within it, and their own assessment of money laundering risk. It concludes by using this evidence to recommend amendments to current AML policy and legislation. This book will be of interest to students and researchers studying Financial Crime Law, Business and Company Law, and White Collar Crime, as well as policy makers in the areas of money laundering, compliance, and corruption.

What are the criteria used by Financial Action Task Force (FATF) and the European Union to blacklist jurisdictions at high-risk of money laundering? What are the countries at highest risk according to Panama Papers and FinCEN files? Where do criminals move their illicit money, according to judicial and investigative evidence? This book answers these questions. It is an unprecedented study on the countries at highest risk of attracting money laundering and organised crime proceeds – and how they are identified as such by scholars, policy-makers and anti-money laundering (AML) practitioners. It targets an issue which is central to the policy debate, in the media, but is under-studied. This book is divided into two parts. Part I discusses the concept of money laundering risk, its main determinants, and carries out a review of extant country ratings, ranging from official blacklists and grey lists, to media leaks and scholarly papers. Part II discusses the weaknesses and the myths behind the current ratings and proposes a new approach to assess the risk of money laundering across countries. With a critical research perspective, empirically driven, this book aims to satisfy both scholars and students – in particular from criminology, economics, and international relations – and practitioners from banks, professional firms, and AML authorities.

This book blends doctrinal and empirical research to examine the phenomenon of counter-terrorism financing at the level of both international and Iranian national law. The work discusses the legitimacy, fairness and effectiveness of the international counter-terrorism financing framework, and then examines to what extent Iran has implemented it. The main focuses of the book are on the criminalisation of terrorism financing; financial regulations as preventive measures applied to the sectors at risk of terrorism financing, including the formal financial system, the informal financial system and the non-profit organisations; and the international and unilateral sanctions imposed on individuals and entities who support terrorist acts, terrorists and terrorist organisations. Given that terrorism and terrorism financing are socio-legal, political and economic phenomena in nature, the book approaches the problem of terrorism financing from an interdisciplinary perspective, exploring the relationship between the characteristics of Iran as a state recognised for supporting non-state militant actors (NSMAs), some of which are designated as terrorist by some countries. Empirical research includes documentary fieldwork in Iran, with the collection of original and primary materials that have not previously been analysed. The book also adopts a policy transfer approach, using the rules and regulations of the United Kingdom. Presenting a non-Western perspective on counter-terrorism financing, the book will be essential reading for students, researchers and policy-makers working in the area of financial crime.