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Article
Publication date: 1 April 1998

Carlo Zaccagnini

Considered from an international and comparative perspective Italian anti‐money laundering legislation appears rigorous and comprehensive. It includes general norms and…

Abstract

Considered from an international and comparative perspective Italian anti‐money laundering legislation appears rigorous and comprehensive. It includes general norms and aggravating circumstances for conspiracy to engage in organised and economic crime; rules which oblige the financial sector to identify and report currency transactions in excess of 20 million lire (approximately £6,600; and hereinafter called ‘large currency transactions’); provisions punishing money laundering as a crime; norms which sanction the failure to report suspicious transactions by financial intermediaries; provisions prohibiting ‘tipping‐off’ and rules which provide for the confiscation and freezing of the proceeds of crime, which shift the burden of proof in cases where the accused fails to demonstrate the origin of the suspicious assets. The legislative structure provides, likewise, norms on ‘sting operations’, establishing an express immunity clause for ‘undercover agents’. Lastly, the legislation further defines the parameters of international judicial assistance.

Details

Journal of Money Laundering Control, vol. 2 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 9 May 2008

Courtney J. Linn

The term “prepaid card” refers to the pre‐payment of value process, i.e. pay now and extract value later, and describes most of the prepaid/stored value products available today…

1951

Abstract

Purpose

The term “prepaid card” refers to the pre‐payment of value process, i.e. pay now and extract value later, and describes most of the prepaid/stored value products available today. These cards have largely supplanted paper gift certificates and travelers checks, and are used as alternatives for traditional paper‐based transactions such as payroll payments, cross‐border remittances, and government assistance or welfare benefit programs. However, the same attributes that make open‐system prepaid cards attractive to legitimate customers make them attractive to money launderers. The purpose of this paper is to make the case for subjecting certain prepaid card products (but not all) to Report of International Transportation of Currency or Monetary Instruments (CMIR) requirements.

Design/methodology/approach

Addresses how the US law‐enforcement agencies might reconstruct the CMIR enforcement regime to address the unique challenges that prepaid card products present.

Findings

The money laundering threat posed by these products is not immediate, but it is not conjectural either. US law‐enforcement agencies (and perhaps ultimately the courts) will be required to address the fourth amendment and privacy issues that may arise when a customs officer “searches” a prepaid card by swiping it and ascertaining the value of the funds associated with that card.

Originality/value

The paper is of value by showing that problem issues can be surmounted, provided the enforcement regime is narrowly targeted to include only those prepaid card products that bear the closest resemblance to currency, and provided the funds associated with those products are maintained in pooled accounts.

Details

Journal of Money Laundering Control, vol. 11 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 September 2002

John A. Reynolds

The purpose of this analysis is to present the history of anti‐money laundering efforts in the United States as it applies both domestically and internationally, and demonstrate…

Abstract

The purpose of this analysis is to present the history of anti‐money laundering efforts in the United States as it applies both domestically and internationally, and demonstrate how this new legislation, if enacted, will mark a dramatic change in the customary treatment of international financial transactions and to international long‐arm jurisdiction and law enforcement. If enacted as proposed, this legislation may provide the tools necessary to achieve substantial progress in this effort.

Details

Cross Cultural Management: An International Journal, vol. 9 no. 3
Type: Research Article
ISSN: 1352-7606

Keywords

Article
Publication date: 3 January 2017

Carlos Siu Lam and Malcolm Greenlees

Apart from presenting an overview and background on anti-money laundering (AML) rules and procedures for casinos in both Macao and the USA, this paper aims to examine the…

Abstract

Purpose

Apart from presenting an overview and background on anti-money laundering (AML) rules and procedures for casinos in both Macao and the USA, this paper aims to examine the differences in their regulatory approaches with regard to their existing AML reporting processes and discusses possible weaknesses in their respective regulatory regime.

Design/methodology/approach

Given that the regulations and statistics on the AML issues may not all be publicly available, the authors managed to secure some data from the bureaus concerned through published reports and interviews with government officials. Regarding the AML procedures in casinos, the authors attempted to go over the annual reports published by the casinos for submission to the Hong Kong Stock Exchanges and Clearing Limited because all these casinos are listed companies in Hong Kong.

Findings

This paper analyzes the trends in reporting numbers and the categorization of the types of suspicious activity reports filed both in Macao and the USA. While the US suspicious activity reporting focuses on efforts to avoid currency reporting, Macao emphasizes improper or inadequate documentation and identification.

Originality/value

This paper is one of the few articles comparing the AML rules and procedures between casinos in the USA and Macao. It seeks to highlight the differences in their regulatory approaches and discusses the expected future direction of AML legislation.

Details

Journal of Money Laundering Control, vol. 20 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 February 1999

Michael F. Zeldin and Carlo V. di Florio

Money is the lifeblood of all domestic and international organised crime groups regardless of whether the criminal activity giving rise to the proceeds is drug trafficking, arms…

Abstract

Money is the lifeblood of all domestic and international organised crime groups regardless of whether the criminal activity giving rise to the proceeds is drug trafficking, arms smuggling, terrorism or white‐collar crime. The flow of criminally tainted money through the international banking and trading system is what sustains these criminal activities. Systemically, however, money laundering harms every legitimate business transaction that it touches. On a macroeconomic level, policy makers have emphasised that it impedes international trade and finance to such an extent as to present a serious threat to the world economy. On a microeconomic level, it can damage an institution's good reputation, the public's confidence, revenues and employee morale. This is why the world has attached heightened significance to the money‐laundering problem.

Details

Journal of Money Laundering Control, vol. 2 no. 4
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 20 April 2023

Mohsin Dhali, Shafiqul Hassan, Saghir Munir Mehar, Khuram Shahzad and Fazluz Zaman

The purpose of the study is to show that divergent perceptions among regulators, the regulated and the associated regulatory bodies across multiple jurisdictions regarding the…

Abstract

Purpose

The purpose of the study is to show that divergent perceptions among regulators, the regulated and the associated regulatory bodies across multiple jurisdictions regarding the nature and functionality of cryptocurrencies hamper the development of a more comprehensive and coherent regulatory framework in curbing crimes and other related risks associated with cryptocurrencies.

Design/methodology/approach

The study has used a descriptive doctrinal legal research method to investigate and understand the insights of existing laws and regulations in four selected jurisdictions concerning cryptocurrencies and how these laws could be further improved and developed to reduce crypto-related crimes. Furthermore, the study has also used a comparative research method to conceptualize the contours of the new legal discourse emerging from cryptocurrencies to adopt and implement a sound regulatory framework.

Findings

The study illustrated that divergent regulatory treatment among different jurisdictions might suffocate novel digital innovations such as cryptocurrency. These fragmented regulatory approaches by various jurisdictions question the sustainability of the present national legislation adopted to regulate cryptocurrencies. Looking into other jurisdictional developments in regulating cryptocurrencies, it is apparent that a concerted regulatory approach is needed to minimize the abuse of this innovation.

Research limitations/implications

The study has implications for regulators and policymakers to review the current regulatory framework for regulating cryptocurrencies to prevent regulatory arbitrage. The divergent legislative measures concerning cryptocurrency among different jurisdictions question the sustainability of these legislative initiatives, considering the evolving and borderless nature of cryptocurrency. Therefore, this paper will help regulators to consider the present legislative gaps in establishing a common global regulatory approach in the crypto sphere.

Originality/value

The study contributes to the existing body of literature by examining the regulatory frameworks of four jurisdictions, namely, the USA, Canada, China and the EU, related to cryptocurrencies, with a discussion on the development of cryptocurrencies-related laws among these four jurisdictions and their sustainability in curbing crimes in the Darknet.

Details

International Journal of Law and Management, vol. 65 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 10 June 2019

Mina Richards

Blockchain is creating many opportunities for business as it is transforming the way sustaining technologies operate in organizations. In blockchain, transactions are recorded as…

Abstract

Blockchain is creating many opportunities for business as it is transforming the way sustaining technologies operate in organizations. In blockchain, transactions are recorded as digital blocks and contain immutable properties to preserve data validation, encryption, and algorithms. The goal is to provide uniqueness and resistant to fraud. For example, digital currencies use a shared network to permanently record transactions but operate in decentralized mode to secure independence among participants. The potential applications of blockchain are unlimited and proliferating although several initiatives are still in development. Many industries are already capitalizing on experimental blockchain projects. Leaders in those industries are partnering with R&D and start-up companies to determine opportunities. Also, research universities have dedicated labs to focus on new theoretical concepts or improvements that can be leveraged in healthcare, global rights management, and decentralized publishing to name a few. Blockchain is called as “trustless system” because it can disrupt entire industries. This chapter explores the blockchain origins and its underlying technologies to understand concepts and become familiar with the latest development. A crypto-digital currency like Bitcoin will be introduced in some detail to bring awareness to the benefits, risks, and ethical concerns. A discussion on regulations will be included to investigate how government policy affects cryptocurrencies and related security. In the interest of blockchain inspired projects, the chapter will also introduce a broader discussion on new ventures adopting blockchain attributes and the trends of gradual technology implementation among early adapters.

Details

Advances in the Technology of Managing People: Contemporary Issues in Business
Type: Book
ISBN: 978-1-78973-074-6

Keywords

Article
Publication date: 1 January 2000

Kimberly Anne Summe

Money laundering, the process by which the proceeds derived from criminal activity are disguised or concealed, is a problem of international dimensions. US law enforcement…

Abstract

Money laundering, the process by which the proceeds derived from criminal activity are disguised or concealed, is a problem of international dimensions. US law enforcement officials estimate that between $100bn and $300bn in US currency is laundered each year. Some observers estimate the global range to be between $200bn and $500bn each year, making money laundering the world's third largest business behind foreign exchange and the oil industry. The International Monetary Fund provides an even higher estimate, determining in 1999 that the aggregate size of global money laundering could be between 2 and 5 per cent of the world's gross domestic product, translating into $590bn to $1.5trn annually.

Details

Journal of Money Laundering Control, vol. 3 no. 3
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 6 June 2020

Eugene E. Mniwasa

This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and…

Abstract

Purpose

This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes.

Design/methodology/approach

The paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practitioners.

Findings

Private legal practitioners in Tanzania are vulnerable to money laundering. There is an emerging evidence that indicates the involvement of some private legal practitioners in the commission of money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight against money laundering.

Research limitations/implications

The paper underscores the need for Tanzania to reform its policy and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the importance of incorporating the principles that govern the private legal practise to enable the practitioners to partake effectively in tackling money laundering.

Originality/value

This paper generates useful information to private legal practitioners, policy makers and academicians on issues relating to money laundering and its control in Tanzania and presents recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of the legal practitioners in Tanzania to combat money laundering.

Details

Journal of Money Laundering Control, vol. 24 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 March 1998

Daniel P. Murphy

Crimes are committed for personal reasons or for profit. In any crime for a profit scenario the state has an interest in removing the profit from the criminal. Drug offences…

Abstract

Crimes are committed for personal reasons or for profit. In any crime for a profit scenario the state has an interest in removing the profit from the criminal. Drug offences, other than simple possession, are the paradigm. People use drugs for a variety of reasons but, at least in the illicit drug trade, individuals sell drugs in order to make money. Traditionally, this was a cash‐based enterprise and, frequently, a misplaced investigative opportunity. A state can attack the criminal profit in order to attack the enterprise. When an illicit criminal activity is undertaken for cash prosecutors and investigators must look at this as an opportunity.

Details

Journal of Financial Crime, vol. 6 no. 1
Type: Research Article
ISSN: 1359-0790

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