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Article
Publication date: 1 May 2023

Husameddin Alshaer, Muhamad Helmi Md. Said and Ramalinggam Rajamanickam

The global cooperation and cooperation between nations at differing stages in anti-money laundering (AML) is critical. To improve the effectiveness of international cooperation in…

Abstract

Purpose

The global cooperation and cooperation between nations at differing stages in anti-money laundering (AML) is critical. To improve the effectiveness of international cooperation in AML, it is essential to diversify international cooperation mechanisms and improve the capacity of law enforcement officers in the field of preventing this crime. This paper aims to provide a comparative analysis of mutual legal assistance (MLA) and extradition within the AML legal framework in Palestine and Malaysia. It investigates the gaps and weaknesses in Palestine’s AML legal framework and offers recommendations to address them.

Design/methodology/approach

The present paper is solely legal. The method adopted in this research paper is qualitative research with an emphasis on the doctrinal mechanism. As a result, it concentrates on procedures, protocols, legislation and policies.

Findings

The Malaysian AML legal framework offers a clearer and more comprehensive framework for MLAs and extradition than the Palestinian AML legal framework. This framework is supported by laws that meet the basic requirements to support the issues of AML international cooperation. Both countries agree that the absence of a “bilateral or multilateral agreement” is not considered a reason for rejecting international cooperation in the field of AML with foreign countries. Moreover, the Malaysian AML legal framework divides the roles well between the law enforcement agencies and the competent authorities competing to Palestine.

Originality/value

This paper would be beneficial for the Palestinian legislative, policymakers and law enforcement agencies to make international cooperation, especially with MLAs and extradition effective.

Article
Publication date: 5 October 2012

Chat Le Nguyen

The purpose of this paper is to discuss the issue of mutual legal assistance (MLA) within the Association of Southeast Asian Nations (ASEAN) in combating money laundering.

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Abstract

Purpose

The purpose of this paper is to discuss the issue of mutual legal assistance (MLA) within the Association of Southeast Asian Nations (ASEAN) in combating money laundering.

Design/methodology/approach

This paper first examines the scenario of money laundering (ML) in Southeast Asia and the ASEAN's response. It then discusses the legal framework and practice of regional MLA in anti‐money laundering (AML). Statistic and hypothetical cases will be provided to illustrate the arguments.

Findings

Despite the strongly political commitment, ASEAN States have failed in response to ML effectively. MLA that is one of the most important forms of regional cooperation in combating ML has confronted a range of barriers. Insufficient capacity of law enforcement across the region and disparities among national criminal laws are the utmost barriers. Among the ASEAN State authorised agencies, police is a crucial one in processing MLA for AML.

Originality/value

This paper would be beneficial for the regional policy makers and law enforcement agencies in order to make the regional cooperation in combating ML more effective.

Details

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

Keywords

Article
Publication date: 5 October 2015

Zeyu Huang

This paper aims to, inspired by the media report concerning the misuse of China UnionPay cards, examine the elements of money laundering offence in Macau SAR through a case study…

Abstract

Purpose

This paper aims to, inspired by the media report concerning the misuse of China UnionPay cards, examine the elements of money laundering offence in Macau SAR through a case study, which also calls for the mutual legal assistance between mainland China and Macau.

Design/methodology/approach

This paper provides the case study of China UnionPay scandal in accordance with Macau law and comparative analysis of legislation and regulations in mainland China and Macau. Relevant suggestions are presented.

Findings

Despite the lack of actually discovered money laundering cases involving China UnionPay, the methods of smuggling money from mainland China across the border to Macau implied a “risk exposure” of Anti-Money Laundering (AML) mechanism of Macau SAR. The risk of money laundering therein makes it necessary to establish and enforce the inter-regional mutual legal assistance for AML. Sensitive issues thereof shall be handled ipso jure and reasonably.

Practical implications

This paper is a good attempt to touch upon the long-term puzzle in inter-regional mutual legal assistance in Greater China. The specific case study may act as an ice-breaker about how to develop inter-regional mutual legal assistance in specific criminal matters.

Originality/value

This paper, first, reacts to the legal problem caused by China UnionPay scandal, which also will be beneficial for the legal debates and policy-making upon the establishment and enforcement of mutual legal assistance in Greater China.

Details

Journal of Money Laundering Control, vol. 18 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 8 December 2022

Nasir Sultan and Norazida Mohamed

The study aims to explore the challenges of developing jurisdictions like Pakistan in achieving significant mutual legal assistance from the international community, especially…

Abstract

Purpose

The study aims to explore the challenges of developing jurisdictions like Pakistan in achieving significant mutual legal assistance from the international community, especially for sharing financial information.

Design/methodology/approach

A qualitative approach of semi-structured interviews was adopted to complete the study’s objective. The selection of financial experts for interviews was based on purposive sampling.

Findings

This study concluded that Pakistan is facing several challenges, including mistrust of the international community; political disinterestedness and instability; delaying tactics in implementation, capacity and resources of law enforcers; and proximity with hostile neighbours.

Originality/value

Rare studies discussed this issue in the Pakistani context.

Details

Journal of Money Laundering Control, vol. 26 no. 6
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 17 March 2022

Ari Wibowo

This study aims to first analyze the inhibiting factors for cross-border asset recovery and, second, analyze the solutions to any barriers to cross-border asset recovery.

Abstract

Purpose

This study aims to first analyze the inhibiting factors for cross-border asset recovery and, second, analyze the solutions to any barriers to cross-border asset recovery.

Design/methodology/approach

This study was normative legal research with legal materials collected by document studies and literature studies. This study used a statute approach and a conceptual approach

Findings

First, the inhibiting factors for cross-border asset recovery are regulation-related issues, lack of mutual legal assistance and extradition treaties, differences in legal systems and the interests of the country, where the assets are placed. Second, the solutions to the barriers to cross-border asset recovery are regulatory reforms and diplomacy strengthening.

Research limitations/implications

This study found some barriers and solutions to cross-border asset recovery. These can provide inspirations for subsequent studies to be reviewed in more depth.

Practical implications

This study will be very useful for the Indonesian Government to formulate effective and efficient policies related to cross-border asset recovery.

Social implications

With effective and efficient policies related to cross-border asset recovery, it can prevent criminals from hiding their criminal assets abroad.

Originality/value

To the best of the author’s knowledge, until now, there has been no study that comprehensively discloses the barriers and solutions related to the failure of the Indonesian Government to conduct cross-border asset recovery. Therefore, it is expected that this study will be very useful for the Indonesian Government and other researchers to conduct further studies on this issue.

Details

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

Keywords

Article
Publication date: 6 July 2015

Rick Brown and Samantha Gillespie

– The purpose of this paper is to explore the problems that arise when undertaking a financial investigation that involves tracing assets in foreign jurisdictions.

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Abstract

Purpose

The purpose of this paper is to explore the problems that arise when undertaking a financial investigation that involves tracing assets in foreign jurisdictions.

Design/methodology/approach

The paper is based on a secondary analysis of data collected as part of a qualitative study of the role of financial investigation in tackling organised crime. This was based on interviews with investigating officers, financial investigators and Crown Prosecution Service representatives associated with 60 cases. Of the 60 cases, 36 were found to have an international dimension.

Findings

The study found a number of problems with undertaking overseas financial investigations. These included problems with the letter of request process, difficulties tracking assets in some countries and problems with tracing funds transferred through money service bureaux. Informal contact on a police-to-police basis was generally considered an effective means of improving the quality of information received.

Research limitations/implications

This study is based on just 60 cases of organised crime in which financial investigation was used. The extent to which these findings can be generalised to other cases is unclear.

Practical implications

The study highlights the most common obstacles to overseas financial investigation that should be addressed. In addition, the importance of informal contact with overseas police jurisdictions may highlight a means of improving requests for assistance.

Originality/value

This paper provides an important insight into the views of operational staff undertaking overseas financial investigations and as such highlights the particular difficulties in this work.

Details

Journal of Money Laundering Control, vol. 18 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 July 2006

Roderic Broadhurst

Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.

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Abstract

Purpose

Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.

Design/methodology/approach

International efforts to combat cyber‐crime are reviewed by evaluating the forms of mutual legal assistance (MLA) now in place.

Findings

Cyber‐crime is often traditional crime (e.g. fraud, identify theft, child pornography) albeit executed swiftly and to vast numbers of potential victims, as well as unauthorised access, damage and interference to computer systems. Most detrimental are malicious and exploit codes that interrupt computer operations on a global scale and along with other cyber‐crimes threaten e‐commerce. The cross‐national nature of most computer‐related crimes have rendered many time‐honoured methods of policing both domestically and in cross‐border situations ineffective even in advanced nations, while the “digital divide” provides “safe havens” for cyber‐criminals. In response to the threat of cyber‐crime there is an urgent need to reform methods of MLA and to develop trans‐national policing capability.

Practical implications

The international response is briefly outlined in the context of the United Nations (UN) Transnational Organised Crime Convention (in force from September 2003) and the Council of Europe's innovative Cyber‐crime Convention (in force from July 2004). In addition, the role of the UN, Interpol, other institutions and bi‐lateral, regional and other efforts aimed a creating a seamless web of enforcement against cyber‐criminals are described.

Originality/value

The potential for potent global enforcement mechanisms are discussed.

Details

Policing: An International Journal of Police Strategies & Management, vol. 29 no. 3
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 11 July 2023

Al Sentot Sudarwanto and Dona Budi Kharisma

This study aims to propose a law enforcement strategy for investment fraud through comparative studies in the United States of America (USA), Canada and Indonesia, and to identify…

Abstract

Purpose

This study aims to propose a law enforcement strategy for investment fraud through comparative studies in the United States of America (USA), Canada and Indonesia, and to identify the factors that cause weak law enforcement on investment fraud with the object of a binary options case study in Indonesia.

Design/methodology/approach

This research is a type of legal research, namely, research based on legal materials (library-based). The legal materials used include primary legal materials and secondary legal materials. The approaches used are the statute approach, the case approach and the comparative approach. The data collection technique used in this research is a literature study. The analysis was carried out qualitatively by using an interactive model.

Findings

In 2022, the Indonesian Financial Services Authority (OJK) recorded that the total value of public losses because of investment fraud in Indonesia reached 117.4tn IDR. Weak law enforcement is the reason investment fraud thrives in society. Strategies that can be implemented to prevent investment fraud include early detection of new investment fraud modes through the whistleblower program, mutual legal assistance in criminal matters, criminal restitution and improvement of public financial literacy.

Research limitations/implications

This study examines the problems of law enforcement against investment fraud with a case study of binary options in Indonesia. A law enforcement strategy is built on identifying issues and adopting law enforcement policies against investment fraud in Canada and the USA.

Practical implications

For individuals, the results of this research can be used as reading material to increase their understanding of investment fraud. For the government, the results of this study can be a reference in an effort to eradicate the rise of investment fraud cases more effectively and create a safe digital economic space for investors.

Social implications

The results of this study are expected to be useful in providing recommendations for strategies to strengthen law enforcement against the problems of investment fraud cases so as to form a conducive investment climate in the sense of being safe, comfortable and profitable.

Originality/value

Legal frameworks to prevent investment fraud are rarely discussed. The rise in binary options cases that occur is an indication of weak law enforcement in the investment sector. Therefore, an in-depth study of law enforcement strategies to prevent investment fraud is needed, with comparative studies in the USA, Canada and Indonesia.

Details

Safer Communities, vol. 22 no. 4
Type: Research Article
ISSN: 1757-8043

Keywords

Article
Publication date: 31 December 2002

Kevin Chamberlain

Uses the Abacha case to illustrate the difficulties of recovering assets that are the proceeds of grand corruption by politicians and officials who have held high office; in these…

Abstract

Uses the Abacha case to illustrate the difficulties of recovering assets that are the proceeds of grand corruption by politicians and officials who have held high office; in these cases the corruption has reached the scale that the culprits ensure that their gains are put outside the jurisdiction of the victim country and laundered to disguise their origins. Looks at the procedures available in the UK to enable countries like Nigeria to locate and seek return of their looted assets, and at some important changes in this area as a result of the Proceeds of Crime Act 2002; these include the mutual legal assistance (MLA), so that assets in one country that are relevant to criminal proceedings in another can be restrained, and the ability to prosecute in the UK for crimes committed abroad. Outlines how MLA works: requests for evidence, search and seizure, investigations into the proceeds, restraint and confiscation. Concludes with prosecutions for money laundering, and civil proceedings.

Details

Journal of Money Laundering Control, vol. 6 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 15 February 2021

Ajay Kumar

This paper aims to investigate the obstacles to the sharing of information, as envisaged in the United Nations Convention against Corruption (UNCAC), and therefore, its…

Abstract

Purpose

This paper aims to investigate the obstacles to the sharing of information, as envisaged in the United Nations Convention against Corruption (UNCAC), and therefore, its accessibility to developing countries. The findings of this paper could help States to limit corruption in interstate interactions and civil society groups calling for measures that can help assess potential corruption.

Design/methodology/approach

This research is based on qualitative analysis – usual normative analysis was undertaken in law and economics. For this purpose, an analysis of the literature on cooperation generated by the UNCAC and State practice within defence deals was undertaken.

Findings

It is found that States where defence manufacturers reside can prevent information sharing and thereby hinder investigations against corruption. It is found that defence importing States can overcome the limitations of the UNCAC, to enforce information sharing, by including guarantees into their contracts.

Originality/value

As research on information sharing practices of States are scarce or non-existent, this paper contributes to the literature on this aspect of cooperation envisaged in the UNCAC. Further, this paper elaborates on what States could do to limit non-cooperation in the sharing of information.

Details

Journal of Financial Crime, vol. 28 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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