Money laundering and financial intermediaries

著者

    • Savla, Sandeep

書誌事項

Money laundering and financial intermediaries

by Sandeep Savla

(Studies in comparative corporate and financial law, v. 8)

Kluwer Law International, c2001

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注記

Bibliography: p. 219-228

Includes index

内容説明・目次

内容説明

Vast amounts of money are said to be laundered through financial intermediaries in the United Kingdom, thereby potentially affecting the integrity of the financial markets. This work offers a critical examination of the criminal anti-money laundering provisions and their impact on financial intermediaries, which may play a facilitating role in the money laundering process. It further considers the efficacy of the criminal law in reducing the incidence of money laundering when used in conjunction with civil liability and financial market regulation. The crucial issues relating to financial intermediaries concern the interaction between procedural norms and equitable or criminal liability, the conflicts between disclosure and client confidentiality, the privilege against self-incrimination, and the procedural aspects of imposing corporate criminal liability. The author analyzes these in detail and considers to what extent the present provisions may need modification, particularly in light of the demands of procedural fairness laid down in the European Convention on Human Rights. Finally, the book considers the impact of the international nature of money laundering on United Kingdom financial intermediaries, in terms of enforcement and the extra-territorial application of laws and disclosure orders.

目次

Preface. 1. Introduction. 2. Money Laundering: The Issues. 3. The Anti-Money Laundering Legislation. 4. Rationale for Criminal Liability. 5. Knowledge, Equitable Liability and the Criminal Provisions. 6. Investigatory Provisions. 7. Privilege. 8. International Aspects. 9. Criminal Liability of Corporate Financial Intermediaries. 10. Conclusion.

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