Download PDF by Peter Alldridge: Money Laundering Law

By Peter Alldridge

Some time past 20 years motion in admire to the gains of crime has moved speedily up the felony justice time table. not just might confiscation orders be made, yet there also are now critical significant felony offenses of laundering the proceeds of crime. in addition, the results of the regulatory regimes installed position by way of the cash Laundering rules 1993 and the monetary prone Authority are very major. This ebook examines significantly the background, idea and perform of most of these advancements, culminating within the Proceeds of Crime Act 2002, which marks one other step within the flow in the direction of larger focus either at the monetary points of crime and at the internationalization of legal legislation. The Act places in position the resources restoration service provider on the way to be principal to the tactic of focusing on legal monies and may have energy to carry forfeiture court cases with out a previous felony conviction and to elevate exams for taxation.

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18 et seq. 24 And see Table 6 om the section below ch 12, The Mechanics of Reporting. 25 Peter Quirk, Macroeconomic Implications of Money Laundering, IMF Working Paper 96/66 (Washington DC, International Monetary Fund, 1996) 6. 26 Petrus van Duyne, ‘Money-laundering: Pavlov’s Dog and beyond’ (1998) 37 Howard Journal of Criminal Justice 359, 360: see also Petrus van Duyne and Hervy de Miranda, ‘The Emperor’s Clothes of Disclosure: Hot Money and Suspect Disclosures’ (1999) 31 Crime, Law and Social Change 245.

Int/council/off/conclu/oct99> See Julian Schutte, ‘Tampere European Council Presidency Decisions’ (1999) 70 Revue Internationale de Droit Penal 1023 at 1034–35. 5 See the section below ch 5, The Amending Directive. 6 See the section below, 11 September 2001. 7 And see William C Gilmore, Dirty money: the evolution of money laundering countermeasures, 2nd edn (Strasbourg, Council of Europe Press, 1999) 27–48; Financial Services Authority, The Money Laundering Theme: tackling our new responsibilities (London, FSA, 2001) 8–10; Michael Levi, ‘Following the Criminal and Terrorist Money Trails’ in Petrus van Duyne and Klaus von Lampe (eds), Criminal Finances and Organizing Crime in Europe (forthcoming).

It reviews the justifications that are advanced within criminal law theory for regulation and criminalisation in this area, and then, and against that background, engages at a more detailed level with the statutes, cases and law reform proposals in the area, dealing both with substantive and procedural law. An important critical perspective is supplied by the jurisprudence of human rights, particularly those to private life and property, to fair trial and against double jeopardy. When these rights do not have the purchase they should have, a critique is supplied of the operation of the Human Rights Act.

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