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. . . a stimulating look at the hard work done in many specialisms that collectively seek to combat money laundering. Sally Ramage, The Criminal Lawyer While there is much noise about the control of money laundering, there are few whose work is able to rise above the din and in clear notes contribute in a constructive manner to the debate. This work is not only an intelligent discussion of many of the substantive issues relating to the control of money laundering, but a great deal more. Drawing on systems theory and seeing the control of money laundering particularly from the standpoint of technology as complex and integral to the proper and effective operation of financial institutions, the...
This book seeks to deconstruct the process of scientific knowledge discovery and theory construction by scrutinizing the circumstances under which all scientific hypotheses are conceived. It concentrates on the interrelatedness of observation, paradox, delusion and self reference in scientific theory and method.
This visionary book delves into the world-shaping abilities of modern technology, outlining the potential future transformations that it may impose. By drawing from a range of scholarly insights, Dionysios S. Demetis and Ian O. Angell explore how technology not only influences our social, economic, political, biological and physical realities, but how it can also construct completely new ones.
This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.
This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike.
This book brings together experts from different fields and with different jurisdictional focuses to provide fresh ideas and deep insights into crypto regulation. Cryptoassets engage many different areas of law, with their own specific terminologies, uncertainties, and regulatory fragmentation. Unsurprisingly, then, crypto has faced calls for new laws, for reform of existing laws, and in some instances outright banning. Against this backdrop, this collection explores different aspects of crypto regulation, with reference to current developments, such as the Markets in Crypto-Assets Regulation, and technological innovations, including central bank digital currencies, smart contracts, and non-fungible tokens. Market, user and law-/policy-maker perspectives are examined to explore not only innovation and opportunities, but also regulatory and policy challenges. This volume will be a key resource for scholars and practitioners of law, finance, public policy, criminology and economics. It was originally published as a special issue of Law and Financial Markets Review.
This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate lega...
This book provokes fresh ways of thinking about small developing States within the transnational legal order for combating money laundering and the financing of terrorism and proliferation (TAMLO). From the global wars on drugs and terror to journalistic exposés such as the ‘Paradise’, ‘Panama’ and ‘Pandora’ Papers, the Commonwealth Caribbean has been discursively stigmatised as a mythical island paradise of ‘rogue’ States. Not infrequently, their exercise of regulatory self-determination has been presented as the selling of their economic sovereignty to facilitate shady business deals and illicit finance from high-net-worth individuals, kleptocrats, tax-dodgers, organised c...
This book explores the politics of money laundering and terrorist financing (ML/TF) regulation in several countries across Africa and the Small Island States. Developed countries created the Financial Action Task Force (FATF) to combat ML/TF globally. Expectedly, the FATF’s standards mirror existing banking regulations within the G7 countries. Yet, the standards apply to all countries irrespective of the limited ML/TF risks they pose to the global economy, their weak pre-conditions for effective regulation and their non-involvement in the FATF’s framing. Still, such countries, mainly within the Global South, have worked hard to amplify their compliance with the regime due to fears of the...
New financial and communication technologies offer a great opportunity to improve the lives of people everywhere. For instance, millions of impoverished people now have access to the financial system through stored value cards or mobile phones. However, some are concerned that governments are not always aware of these innovations in their jurisdictions. This has prompted fear that fast-moving terrorist groups could expand funding undetected. The fear has led some countries to take a restrictive stance on the technologies' use, either by outright prohibition or by placing unnecessary limitations that deter market development. Authorities are therefore challenged to tackle the double-sided nature of technological advancement: promoting security and economic growth. 'New Technologies, New Risks? Innovation and Countering the Financing of Terrorism' explores how money flows via these mediums, risks they pose, and how governments have mitigated the risks.