Money laundering and financial intermediaries
Author(s)
Bibliographic Information
Money laundering and financial intermediaries
(Studies in comparative corporate and financial law, v. 8)
Kluwer Law International, c2001
Available at / 10 libraries
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Research Institute for Economics & Business Administration (RIEB) Library , Kobe University図書
332.12-136081000095335
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Note
Bibliography: p. 219-228
Includes index
Description and Table of Contents
Description
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.
Table of Contents
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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