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Lawyers’ predicaments in complying with the anti-money laundering law in Malaysia

Saslina Kamaruddin (Faculty of Business Management and Professional Studies, Management and Science University, Shah Alam, Malaysia)
Zaiton Hamin (Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia)

Journal of Financial Crime

ISSN: 1359-0790

Article publication date: 1 April 2019

668

Abstract

Purpose

The purpose of this paper is to provide some empirical findings on the predicaments of lawyers’ anti-money laundering (AML) compliance in Malaysia and the rationales for such predicaments.

Design/methodology/approach

This paper adopts a qualitative research in which the primary data are obtained from seven case studies involving legal firms within the Klang Valley, Selangor, Malaysia, which is triangulated with the data from the Central Bank and the Malaysian Bar Council.

Findings

The authors contend that despite the vulnerability of their profession to money laundering, the level of awareness of the AML obligations amongst Malaysian legal practitioners is rather minimal. Also, the imposition of obligations upon them in policing their clients and regulating money laundering is not only onerous but also contrary to the ethics of their profession.

Originality/value

This paper fills the gap in providing the empirical evidence on lawyers’ compliance to their statutory AML obligations in Malaysia. Also, this paper could be a useful source of information for practitioners, academicians and students. It could also be a beneficial guide for policymakers for any possible future amendments to the law.

Keywords

Citation

Kamaruddin, S. and Hamin, Z. (2019), "Lawyers’ predicaments in complying with the anti-money laundering law in Malaysia", Journal of Financial Crime, Vol. 26 No. 2, pp. 583-596. https://doi.org/10.1108/JFC-04-2018-0047

Publisher

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Emerald Publishing Limited

Copyright © 2019, Emerald Publishing Limited

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