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Article
Publication date: 3 October 2016

Marianna Meriani

This paper aims to explain the pros and cons of the crime of self-laundering and of the voluntary discovery rule in light of the recent reform of the Italian criminal law system…

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Abstract

Purpose

This paper aims to explain the pros and cons of the crime of self-laundering and of the voluntary discovery rule in light of the recent reform of the Italian criminal law system. More specifically, it focuses on the Italian anti-money laundering legislation as introduced by law no. 186 of 15 December 2014 that has dismissed the privilege of self-laundering.

Design/methodology/approach

To reach such an aim, a comparative approach has been adopted, focusing first on the crime of money laundering as previously described by Article 648 bis of the Italian Criminal Code and on the reasons underlying the adoption of the so-called privilege clause and, subsequently focusing on its discipline in a common law system, the USA. Afterwards, there is the analysis of the above mentioned reform, focusing on the ratio of the new crime of self-laundering to tackle financial crimes and allow capital return from abroad.

Nevertheless, considering how recent the reform is, the absence of case law on the subject has made it difficult to well evaluate its implications.

Findings

The analysis shows how Article 648 bis of the Italian Criminal Code has been the safeguard against self-laundering incriminations.

Originality/value

Therefore, it points out the importance of the reform in light of the concerns stemming from the privilege of self-laundering (for example, propagating the effects of the crime of self-laundering). In addition, it highlights the importance of a strict interpretation of the new crime to assure its compatibility with the criminal law principles of legality and fragmentation.

Details

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

Keywords

Article
Publication date: 2 October 2017

Delphine Defossez

The purpose of this paper is to analyse the new Russian law on Money laundering. Globalisation has turned the international financial systems into a paradise for money launderers…

Abstract

Purpose

The purpose of this paper is to analyse the new Russian law on Money laundering. Globalisation has turned the international financial systems into a paradise for money launderers. As much as globalisation has expanded opportunities. The purpose of this paper is to analyse the new Russian law on money laundering which brought some changes to the existing system was introduced in Russia in 2002. Even though it has improved the regulation on money laundering greatly, it has failed to efficiently combat terrorism. Overall, the Russian anti-money laundering regime has proved ineffective in terms of meeting its stated purposes of combating organised crime and terrorism. The limited success of the Russian anti-money laundering law stems largely from the fact that Russian banking system is structurally weak.

Design/methodology/approach

This paper analyses the problems through literature review. Also, the problem will be looked at from an international law perspective, explaining why Russian efforts will not be efficient as long as no consensus is reached at international level.

Findings

This paper starts from the premise that Russian made great effort to comply with international recommendations but that its law fails to efficiently deal with terrorism finance partly due to the fact that no consensus exists at international level as to the definition of the terrorism. Furthermore, the doubt persists as to the real aim pursued by Russian Government while enacting the money laundering law.

Originality/value

Few papers have been published about money laundering in Russia, but none of them look at the problem of the lack of definition of terrorism at international level to explain the deficiencies of the system in place.

Details

Journal of Money Laundering Control, vol. 20 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 8 August 2008

Alexandra V. Orlova

The purpose of this paper is to cut through the rhetoric that shrouds Russia's anti‐money laundering regime to uncover the reality that lies beneath.

Abstract

Purpose

The purpose of this paper is to cut through the rhetoric that shrouds Russia's anti‐money laundering regime to uncover the reality that lies beneath.

Design/methodology/approach

This paper relies on both primary and secondary sources in Russian and English that deal with the problems of money laundering in the Russian context. Relevant sections of the Russian Criminal Code as well as Russia's anti‐money laundering regulations have been consulted.

Findings

Overall, the Russian anti‐money laundering regime has thus far proved ineffective in terms of meeting its stated purposes of combating organized crime and terrorism. Its limited success stems largely from structural weaknesses in the Russian banking system as well as that industry's lack of a culture of regulatory compliance. Moreover, Russian authorities have opportunistically seized on the current anti‐money laundering regime as a useful tool in the pursuit of ends unconnected to the fight against organized crime and terrorism. The Russian authorities have used the regime to attempt to reform the banking system and to extend their strategic control in the domestic political and business realms. The ineffectiveness of the anti‐money laundering regulations and their usage to achieve ulterior aims undermine the legitimacy of the regime as a whole.

Originality/value

The paper looks beyond the technical difficulties in applying the anti‐money laundering regulations and examines the misuses of the anti‐money laundering regime in the Russian context. However, the problems raised in the paper are not unique to Russia and have relevance to other jurisdictions, especially countries that are members of the Financial Action Task Force.

Details

Journal of Money Laundering Control, vol. 11 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Content available
Article
Publication date: 14 October 2021

Xin Wang

Abstract

Details

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

Article
Publication date: 17 October 2008

H.E. Ping

The purpose of this paper is to make objective comments on China's comprehensive measures on combating money laundering and terrorism financing, and to put forward some…

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Abstract

Purpose

The purpose of this paper is to make objective comments on China's comprehensive measures on combating money laundering and terrorism financing, and to put forward some recommendations for improvement.

Design/methodology/approach

This paper based on the financial action task force (FATF) evaluation report, describes the fight against money laundering and terrorism financing in China, analyses the gap still remaining between China and the international standards, and points out the future efforts to be made.

Findings

China has made significant progress in implementing anti‐money laundering and combating the financing of terrorism measures in the last decades, gaps however are still remained. The future efforts to be made are as follows: criminal legislation and administrative measures should be improved or supplemented; human resources and institutional resources should be supported and international cooperation should be further strengthened.

Originality/value

This paper presents a comprehensive description of, and comments on, the efforts on China's anti‐money laundering and combating the financing of terrorism, which would be beneficial to policy makers and relevant administrators.

Details

Journal of Money Laundering Control, vol. 11 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 2 July 2018

Mansour Rahmdel

The aim of this paper is considering that obtaining illegitimate property and obtaining property illegally is morally outrageous. The law also condemns it as a crime. The act of…

Abstract

Purpose

The aim of this paper is considering that obtaining illegitimate property and obtaining property illegally is morally outrageous. The law also condemns it as a crime. The act of those who launder the proceeds of crime is also condemned. This condemnation is almost universal. So, money laundering as a way of diversion of the origin of the illegal gains into legitimate currency or other assets has been criminalized in most of the countries, including in Iran. Before criminalization of money laundering, there were different laws which referred to the case without referring to the term of money laundry. According to Article 49 of the Iranian Constitution “all proceeds of illegal sources like embezzlement, bribery, gambling and other ways should be confiscated.”

Design/methodology/approach

Article 662 of the Islamic Penal Code (IPC) ratified in 1996 criminalized dealing with the proceeds of theft and Note 2 of Article 119 of the Penal Code of the Armed Forces criminalized obtaining the proceeds of embezzlement. But, in 2008, to follow the international conventions, especially Article 3 of the psychotropic substances 1988 in Vienna and also Financial Action Task Force (FATF) recommendations on Money Laundering and Terrorism Financing, the legislator ratified the anti-money laundering code (AMLC). The methodology is an analytical one. The author using an analytical method, has analyzed the subject with consideration of Iran’s situation, as well as international documents and FATF’s recommendations.

Findings

The author has studied the issue, believing that domestic regulations of Iran comply with international regulations and FATF recommendations. The current paper considers the different aspects of the AMLCs in Iran in relation to FATF recommendations.

Originality/value

The author confirms the originality of the paper and declares that he has referred all the other materials.

Details

Journal of Money Laundering Control, vol. 21 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Content available

Abstract

Details

Journal of Money Laundering Control, vol. 27 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 7 May 2024

Cheong-Ann Png

This paper aims to examine the specific findings on the level of technical compliance and operational effectiveness of the national financial intelligence units (FIUs) in 55…

Abstract

Purpose

This paper aims to examine the specific findings on the level of technical compliance and operational effectiveness of the national financial intelligence units (FIUs) in 55 members of the Asian Development Bank (ADB) under the mutual evaluations carried out by the Financial Action Task Force (FATF) and its regional bodies (also referred to as FATF-style regional bodies) in connection with the current international standard for combating money laundering and terrorism financing (i.e. the FATF recommendations). It also provides three observations for enhancing the use of financial information and intelligence.

Design/methodology/approach

Review of published reports on country mutual evaluations from the FATF and its regional bodies.

Findings

A majority of the FIUs from these 55 members of the ADB were rated around the “mid-range” under the FATF methodology used for the mutual evaluations (i.e. “compliant and substantially effective”, “largely compliant and substantially effective”, “compliant and moderately effective” and “largely compliant and moderately effective”). Observations were also provided on cross-cutting areas for enhancing the use of financial information and intelligence.

Originality/value

FIU operations are key to combating money laundering and terrorism financing, and this examination of the level of technical compliance with the international standard and related operational effectiveness provides an useful account of current developments in this space and suggestions for further actions by relevant national authorities and provision of country technical assistance and support by donor partners.

Details

Journal of Money Laundering Control, vol. 27 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

Article
Publication date: 1 April 2021

Lewis Chezan Bande

The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition…

Abstract

Purpose

The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC).

Design/methodology/approach

The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC.

Findings

The paper concludes that the definition is compliant with international standards and best practices.

Research limitations/implications

The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence.

Practical implications

The paper provides the template for future interpretation and application of the offence by courts in the future.

Social implications

Enhancing the clarity and certainty in the law on money laundering in Malawi.

Originality/value

The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.

Details

Journal of Money Laundering Control, vol. 24 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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