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Article
Publication date: 18 November 2020

Georgy Rusanov and Yury Pudovochkin

This paper aims to study the role of money laundering in the system of modern crime.

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Abstract

Purpose

This paper aims to study the role of money laundering in the system of modern crime.

Design/methodology/approach

The methodology of this research will include the study of quite obvious relationships, which in themselves do not need special substantiation today, namely, money laundering and terrorism; money laundering and corruption; money laundering and organized crime.

Findings

The following methods are used in the research process: studying the sentences of the courts of the Russian Federation related to the conviction of persons for money laundering; analysis of national judicial statistics and statistics of international organizations related to money laundering; a survey of 96 experts (law enforcement officers, scientists specializing in the study of combating money laundering, government officials whose powers include activities to combat money laundering and the financing of terrorism).

Originality/value

Based on the results of the study, a number of conclusions were made. In particular, at present, in view of the built-up effective system of measures to control the income received as a result of certain types of criminal activity (corruption crime, organized crime, economic crime), money laundering has taken a leading role in the structure of modern crime.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 16 November 2020

Eugene E. Mniwasa

This paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money

Abstract

Purpose

This paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania.

Design/methodology/approach

A desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data.

Findings

The AML law in Tanzania emerged from the law that was originally enacted to curb economic crimes. The law has evolved for some decades. Its evolution has been driven by domestic factors and foreign drivers which are political, economic and social in nature. The role of the AML law has been changing. Initially, the law was a tool for curbing economic crimes. Recently, the law has acquired a new role, namely, to facilitate the recovery of illicit funds and non-financial assets from offenders and enable the authorities in Tanzania to use those economic resources for developmental purposes.

Research limitations/implications

The paper underscores the need for the Government of Tanzania to re-consider the broader implications involved in its current efforts to tackle economic crimes and money laundering. The balance between the implementation of the measures to combat money laundering and economic crimes in Tanzania and the importance of protecting rights of persons indicted with those offences should be struck. The AML law should be applied in such a way not to infringe the rights of the accused persons and not to throttle economic activities including the flow of legitimate foreign investments into Tanzania.

Originality/value

This paper generates insightful information to policymakers, law enforcers, regulators and other stakeholders who undertake activities to tackle money laundering and its control in Tanzania and researchers who study these issues for purposes of providing understanding of the problem and facilitating policy and legal reforms. The paper raises issues that can be explored further in future and contribute to the discourse on money laundering and its control in Tanzania.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 13 April 2023

Samah Al Agha

The purpose of this paper is to examine the effectiveness of the antimoney laundering measures in the Kingdom of Saudi Arabia in response to its commitments to the Financial…

Abstract

Purpose

The purpose of this paper is to examine the effectiveness of the antimoney laundering measures in the Kingdom of Saudi Arabia in response to its commitments to the Financial Action Task Force and treaties in combatting money laundering.

Design/methodology/approach

To explore the effectiveness of the Saudi antimoney laundering measures, this research’s data have been obtained by a qualitative approach that uses a combination of primary and secondary resources. It relies on analyzing Anti-Money Laundering Law (AML) and the process of money laundering detection in Saudi Arabia in relation to three cases from Saudi courts supported by journal articles, academic books and reliable websites.

Findings

This study concludes that the Saudi AML has been efficient and effective in the battle against money laundering. This study finds that there is close coordination and collaboration between financial institutions, banks and governmental agencies in Saudi Arabia to combat this phenomenon. This study also concludes that the AML is compatible with other criminal laws such as the Anti-Bribery Law, the Anti Trafficking in Person Law and the Anti-Drug Trafficking Law.

Research limitations/implications

This paper relies mainly on publicly available information regarding the detection of money laundering schemes and the confiscation of proceeds of crime in the Kingdom of Saudi Arabia as a main source of information. There data available on the money laundering cases in the Saudi prosecution and criminal courts were limited due to the lack of public disclosure of such cases because of their sensitivity. This was made up for by using reliable sources in which some cases were reported.

Originality/value

This paper underlines the efficient aspects of the current AML that contribute to reduction of money laundering in Saudi Arabia. This paper emphasizes on the importance of the structure of collaboration between regulatory, financial and law officers to implement the rule of law and achieve justice.

Details

Journal of Money Laundering Control, vol. 26 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 29 June 2022

Meiryani and Dezie Leonarda Warganegara

Efforts to prevent and eradicate the crime of money laundering require a strong legal basis to ensure legal certainty. This paper aims to analyse law enforcement on money

Abstract

Purpose

Efforts to prevent and eradicate the crime of money laundering require a strong legal basis to ensure legal certainty. This paper aims to analyse law enforcement on money launderers with juridical review perspectives.

Design/methodology/approach

The research method used in this study is the statute approach, which is to examine all laws and regulations related to the crime of money laundering. The writing method used is the normative method, which is a type of research that uses the analysis of certain legislation.

Findings

Three new findings were discovered. In assessing the validity or validation of a business ownership or business transaction, there are at least three pieces of evidence that need to be used, namely, presence/absence of company/business registration in an official government database; the presence/absence (including the amount) of tax reported on income tax and VAT; and the presence/absence of other legal documents relating to the existence or general licensing of a business.

Research limitations/implications

The results of this study are also expected to be helpful for the community, government agencies, or institutions, such as the police, to combat corruption, and money laundering. The Prosecutor's Office and the Corruption Eradication Commission (KPK) describe the handling of money laundering crimes originating from money laundering crimes.

Social implications

This research can provide an overview and input for the broader community as an early warning so as not to commit money laundering crimes.

Originality/value

This is one of the pioneer studies looking into law enforcement on money launderers with comprehensive juridical review.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 3 October 2016

Nicholas Gilmour

This paper aims to discuss the findings of a UK-based research study that sought to explore the applicability of situational crime prevention towards money laundering undertaken…

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Abstract

Purpose

This paper aims to discuss the findings of a UK-based research study that sought to explore the applicability of situational crime prevention towards money laundering undertaken through the purchasing of high-value portable commodities.

Design/methodology/approach

This paper presents exploratory findings from research conducted between 2011 and 2013 in the UK. The research sought to identify the process, steps and vulnerabilities behind money laundering through the purchasing of high-value portable commodities and whether the introduction of situational crime prevention techniques could reduce vulnerabilities in the existing environment.

Findings

Despite significant research into money laundering typologies, the use of high-value portable commodities has remained largely untouched, regardless of the increased implementation of anti-money laundering policies and procedures. This paper demonstrates how the purchasing of high-value portable commodities is extremely vulnerable to money laundering – while identifying how the successful application of situational crime prevention is possible – but inherently it depends on various characteristics directly and indirectly facilitating each stage of the money laundering process.

Research limitations/implications

This paper is of value to government policymakers, regulators and financial institutions considering future preventative measures. It is also of value to financial investigators and law enforcement agencies intent on investigating money laundering. While the paper relies on data from the UK, the overall findings are such that wherever cash-intensive businesses exist, so too does the opportunity for money laundering through the financial arrangement retained by such businesses.

Originality/value

This paper presents new research on the direct link existing between high-value portable commodities and money laundering in the UK and the viability of techniques for situational crime prevention despite significant research having previously taken place to identify and develop money laundering typologies.

Details

Journal of Money Laundering Control, vol. 19 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 10 September 2021

Eugene E. Mniwasa

This paper aims to examine the authorities tasked to fight against money laundering in Tanzania and appraise the efficacy of the country’s anti-money institutional framework to…

Abstract

Purpose

This paper aims to examine the authorities tasked to fight against money laundering in Tanzania and appraise the efficacy of the country’s anti-money institutional framework to tackle the problem.

Design/methodology/approach

The paper draws on a qualitative research and data generated from the analysis of documentary materials. It surveys the anti-money laundering (AML) law in Tanzania to describe the legal and institutional frameworks for tackling money laundering. It explores law-related and non-law aspects to interrogate and appraise the efficacy of Tanzania’s AML law and authorities. The qualitative data were generated using the thematic content analysis technique.

Findings

The law in Tanzania establishes authorities and vests them with powers to combat money laundering. The authorities, which are part of Tanzania’s AML institutional framework, have been instrumental in combating money laundering. Nevertheless, several law-related and non-law factors emasculate the efficacy of the AML law and authorities in Tanzania. Some political and economic factors wear off the effectiveness of the country’s AML institutional framework. The transnational nature and complexity of money laundering overwhelm the capacity of the AML authorities in Tanzania.

Practical implications

The paper provides useful insights on money laundering and the legal regime to counteract the scourge in Tanzania which sets up the country’s AML institutional framework. It raises some issues for researchers, policymakers and law enforcers who can re-examine the problem and revisit the law and re-evaluate authorities and propose measures that will enable the government to reinforce the country’s AML regime. The paper makes a case for the government to implement the reforms of the country’s AML policy, legal and institutional frameworks.

Originality/value

The paper investigates issues relating to money laundering and its control in Tanzania beyond the legal perspective to uncover limitations and challenges that emasculate the efficacy of the AML authorities in the Tanzanian context. The issues examined in this paper are not unique to Tanzania and, hence, have relevance to other jurisdictions in sub-Saharan Africa.

Details

Journal of Money Laundering Control, vol. 25 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 2 January 2018

Georgy Rusanov and Yury Pudovochkin

Purpose of the study is to show the relationships of money laundering with predicate offenses.

Abstract

Purpose

Purpose of the study is to show the relationships of money laundering with predicate offenses.

Design/methodology/approach

Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered.

Findings

Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes.

Originality/value

As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.

Details

Journal of Money Laundering Control, vol. 21 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 22 December 2022

John Langdale

This study aims to examine the role of Australian casinos in facilitating money laundering and Chinese capital flight.

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Abstract

Purpose

This study aims to examine the role of Australian casinos in facilitating money laundering and Chinese capital flight.

Design/methodology/approach

The reports and transcripts of evidence from government inquiries into money laundering in Australian casinos are integrated with analyses of Asian transnational crime.

Findings

Money laundering in Australian casinos is linked to transnational crime and Chinese capital flight. A central finding is that junket operators play a key role in facilitating money laundering. The casinos are particularly exposed to criminal influences in the Chinese very important person gambling market, since they have used junket operators and underground banks, many of whom are closely linked to major Chinese criminal groups from Hong Kong and Macau.

Research limitations/implications

Very little information is available on money laundering in Australian casinos and this research has relied on the government inquiries that have been conducted over the past two years on the subject.

Practical implications

The author’s focus on money laundering in Australian casinos in the context of Asia-Pacific transnational crime is important for Federal and state government regulators grappling with the rapidly changing money laundering issues. The government inquiries recognised that the money laundering was related to transnational crime, but did not have the time and resources to explore the topic. The paper provides state government casino regulators and financial crime regulators with a broader international perspective to anticipate future money laundering and crime pressures facing Australia’s casinos.

Social implications

Money laundering in Australian casinos has had devastating social implications on the community. My research helps to focus attention on the problems of transnational crime and money laundering.

Originality/value

Little research has examined the linkages between casinos and transnational crime. This study has found that Australian casinos were used to launder the proceeds of illegal drug trafficking and to facilitate Chinese capital flight. While casinos have been forced by damming government inquiries to tighten anti-money laundering controls, it is likely that there will be pressure to relax these controls in the future because of competitive pressure from other casinos in the Asia-Pacific region.

Details

Journal of Money Laundering Control, vol. 26 no. 7
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 5 October 2012

Hamed Tofangsaz

The purpose of this paper is to re‐discover the nature of the crime of terrorist financing in order to challenge the assumption which requires the criminalization of terrorist…

Abstract

Purpose

The purpose of this paper is to re‐discover the nature of the crime of terrorist financing in order to challenge the assumption which requires the criminalization of terrorist financing as a predicate crime to money laundering.

Design/methodology/approach

Illustrating the nature of the crime of terrorist financing and money laundering, the necessity of the criminalization of terrorist financing as an inchoate crime in accordance with the principles of Islamic criminal law will be examined.

Findings

While the criminalization of money laundering in Islam is based on the illegality of crimes already happened, impermissibility of terrorist financing needs to be forward‐looking, concentrating on the destination of the crime of terrorist financing. This requires criminalization of terrorist financing as an inchoate offence which is compatible with the principles of Islamic criminal law.

Originality/value

The paper provides new insight into the criminalization of terrorist financing.

Details

Journal of Money Laundering Control, vol. 15 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 29 September 2021

Nicholas Gilmour

This paper aims to demonstrate the benefit of applying crime script analysis at a macro level to expose money laundering as an interconnected series of events that contradict…

Abstract

Purpose

This paper aims to demonstrate the benefit of applying crime script analysis at a macro level to expose money laundering as an interconnected series of events that contradict understanding which defines money laundering as a series of typological studies.

Design/methodology/approach

Using previously captured data and detailed research studies alongside the professional experience of the author, this study creates a horizontal crime script for three distinct methods of money laundering – to determine characteristic nodes and identify pathways.

Findings

Despite significant research into money laundering typologies, this paper demonstrates that the process of money laundering cannot be separated into typological studies. By applying crime script analysis to each method of money laundering prior to analysing the nodes, activities and behaviours, money laundering can be identified as a series of interconnected services, business formalities and management activities.

Practical implications

This study is of value to government policymakers, regulators and financial institutions considering future preventative measures. It is also of value to financial investigators and law enforcement agencies intent on investigating money laundering. By applying the method of analysis outlined in this paper to each method of money laundering and then combining them together, it is possible to understand money laundering as a holistic process, in which webs of interconnected criminal events can be identified for investigative and preventative purposes.

Originality/value

Interest in crime script analysis is now supporting understanding of different crime types. This study goes beyond the analysis of individual types of money laundering and applies it in a “test format” against three methods of money laundering to create, for the first time, a holistic or macro appreciation of the interconnected series of events, activities and behaviours which exist beyond the characteristics routinely captured in money laundering typology reports.

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