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This study aims to evaluate the advantages and disadvantages of auditor mandatory suspicious activity reporting versus the exercise of professional judgement in the anti-money laundering regimes of the UK and the USA.

The research draws upon the following sources. Firstly, statistics provided by the UK National Crime Agency, 2019 (NCA) regarding suspicious activity report (SAR) filing rates. Secondly, anti-money laundering legislation in the USA and UK. Thirdly, statements made in the political domain in the USA, particularly those which raised constitutional concerns during the progress of the Patriot Act 2001. Finally, statements and recommendations by a UK Parliamentary Commission enquiring into the effectiveness of the suspicious activity reporting regime.

The UK reporting regime does not accommodate professional judgement, resulting in the filing of SARs with limited intelligence value. This contrasts with discretionary reporting in the USA: voluntary reporting guides and influences auditor behaviour rather than mandating it. Defensive filing by UK auditors (defence to anti-money launderings [DAMLs]) has increased in recent years but the number of SARs filed has declined.

The study evaluates auditor behavioural responses to legislative regimes which mandate or alternatively accommodate discretion in the reporting suspicion of money laundering. Consideration of constitutional and judicial activism in this context is a novel contribution to the literature. For its theoretical framework the study uses Foucault’s concept of discipline of the self to evaluate auditor behaviour under both regimes.

Illegal wildlife trade (IWT) is a transnational organized crime that generates billions in criminal proceeds each year. Yet, it is not regarded by many countries as a serious crime. There is also no general consensus on its recognition as a predicate offence for money laundering. In this regard, banks are misused in different ways to facilitate financial flows linked to IWT. This paper aims to illustrate the importance of the banking sector in combating money laundering relating to IWT. It also aims to demonstrate the need for a general recognition of IWT as a predicate offence for money laundering.

This study investigates the implementation of money laundering controls by banks in the illegal-wildlife-trade context. As background to this investigation, it provides an overview of IWT, which is followed by an exploration of some of the general characteristics of the banking sector, before discussing the relevant Financial Action Task Force (FATF) recommendations.

This study finds that the banking sector is well-placed to combat money laundering relating to the IWT and is, by virtue of its international nature and strong focus on compliance, able to be effective in preventing the use of the proceeds of IWT as well as in identifying broader trafficking networks. Moreover, the banking sector is well-equipped to develop appropriate platforms to facilitate the swift, easy and effective sharing of financial intelligence between banks at the local, regional and especially international level.

This study draws on publicly available information on financial flows relating to IWT. Little data and research are available on the financial flows and consequently the money laundering techniques used in cases suspected of IWT.

There has been little scholarly research on the relationship between money laundering and the IWT as well as the financial flows of IWT in general. This study highlights some of the money laundering techniques used in relation to IWT by drawing on the works of various international organizations, including the FATF.

This paper explores the historical aspects of customer due diligence and related anti-money laundering measures in South Africa. Customer due diligence measures are usually employed to ensure that financial institutions know their customers well by assessing them against the possible risks they might pose such as fraud, money laundering, Ponzi schemes and terrorist financing. Accordingly, customer due diligence measures enable banks and other financial institutions to assess their customers before they conclude any transactions with them. Customer due diligence measures that are utilised in South Africa include identification and verification of customer identity, keeping records of transactions concluded between customers and financial institutions, ongoing monitoring of customer account activities, reporting unusual and suspicious transactions and risk assessment programmes. The Financial Intelligence Centre Act 38 of 2001 (FICA) as amended by the Financial Intelligence Centre Amendment Act 1 of 2017 (Amendment Act) is the primary statute that provides for the adoption and use of customer due diligence measures to detect and combat money laundering in South Africa. Prior to the enactment of the FICA, several other statutes were enacted in a bid to prohibit money laundering in South Africa. Against this background, the article provides a historical overview analysis of these statutes to, inter alia, explore their adequacy and examine whether they consistently complied with the Financial Action Task Force Recommendations on the regulation of money laundering.

The paper provides an overview analysis of the historical aspects of the regulation and use of customer due diligence to combat money laundering in South Africa. In this regard, a qualitative research method as well as the doctrinal research method are used.

It is hoped that policymakers and other relevant persons will adopt the recommendations provided in the paper to enhance the curbing of money laundering in South Africa.

The paper does not provide empirical research.

The paper is useful to all policymakers, lawyers, law students and regulatory bodies, especially, in South Africa.

The paper advocates for the use of customer due diligence measures to curb money laundering in the South African financial markets and financial institutions.

The paper is original research on the South African anti-money laundering regime and the use of customer due diligence measures to curb money laundering in South Africa.

The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial.

The focal point of this paper is Australia’s approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies.

It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system.

This paper provides a distinctive perspective by examining Australia’s legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context.

The paper aims to provide a comprehensive analysis of artificial intelligence’s (AI) transformative impact on the real estate industry. By examining various AI applications, from property recommendations to compliance automation, this study highlights potential benefits such as increased accuracy and efficiency. At the same time, this study critically discusses potential drawbacks, like privacy concerns and job displacement. The paper's goal is to offer valuable insights to industry professionals and policy makers, aiding strategic decision-making as AI continues to reshape the landscape of the real estate sector.

This paper employs an extensive literature review, combined with a qualitative analysis of case studies. Various AI applications in the real estate industry are examined, including machine learning for property recommendations and valuation, VR/AR property tours, AI automation for contract and regulatory compliance, and chatbots for customer service. The study also delves into the optimisation potential of AI in building management, lead generation, and risk assessment, whilst critically discussing potential challenges such as data privacy, algorithmic bias, and job displacement. The outcomes aim to inform strategic decisions for industry professionals and policy makers.

The study finds that AI has significant potential to revolutionise the real estate industry through enhanced accuracy in property valuation, efficient automation and immersive AR/VR experiences. AI-driven chatbots and optimisation in building management also hold promise. However, this study also uncovers potential challenges, including data privacy issues, algorithmic biases, and possible job displacement due to increased automation. The insights gleaned from this study underscore the importance of strategic decision-making in harnessing the benefits of AI while mitigating potential drawbacks in the real estate sector.

The paper's practical implications extend to industry professionals, policy makers, and technology developers. Professionals gain insights into how AI can enhance efficiency and accuracy in the real estate sector, guiding strategic decision-making. For policy makers, understanding potential challenges like data privacy and job displacement informs regulatory measures. Technology developers can also benefit from understanding the sector-specific applications and concerns raised. Additionally, highlighting the need for addressing algorithmic bias and privacy concerns in AI systems may foster better design practices. Therefore, the paper's findings could significantly shape the future trajectory of AI integration in real estate.

The paper provides original value by offering a comprehensive analysis of the transformative impact of AI in the real estate industry. Its multi-faceted examination of AI applications, coupled with a critical discussion on potential challenges, provides a balanced perspective. The paper's focus on informing strategic decisions for professionals and policy makers makes it a valuable resource. Moreover, by considering both benefits and drawbacks, this study contributes to the discourse on AI's broader societal implications. In the context of rapid technological change, such comprehensive studies are rare, adding to the paper's originality.

The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as facilitators or obstacles against money laundering? How does the global and the EU legal framework deal with the legal professionals?

The research follows a deductive approach attempting to respond to questions such as: How do the lawyers’ and notaries’ societies react in front of the anti-money laundering measures that concern them and why? What are the discrepancies between the lawyers’ professional secrecy and the obligations that EU anti-money laundering legislation assigns them?

This study disclosures the response of the European union and international legal and regulatory framework as well as the reflexes of the international and European legal professionals’ associations to this danger. It also demonstrates the reaction of lawyers against European union anti-money laundering legislation, to the point that it limits not only the confidentiality principle but also the position of the European judicial systems to the contradiction between this principle and the lawyers’ obligation to report their suspicions to the authorities.

To fulfil the study goals, it was necessary to overcome some obstacles, like the limitation of existing sources. Indeed, transnational empirical research considering the professionals who facilitate money laundering is narrow. Besides, policymakers and academics only recently expressed more interest in money laundering and its facilitators.

This paper fulfils an identified need to study the legal professionals’ role not only in money laundering practices but also in anti-money laundering policies.

This article surveys why libraries are vulnerable to social engineering attacks and how to manage risks of human-caused cyber threats on organizational level; investigates Estonian library staff awareness of information security and shares recommendations concerning focus areas that should be given more attention in the future.

The data used in this paper is based on an overview of relevant literature highlighting the theoretical points and giving the reasons why human factor is considered the weakest link in information security and cyber security and studying how to mitigate the related risks in the organisation. To perform the survey, a web questionnaire was designed which included 63 sentences and was developed based on the knowledge-attitude-behaviour (KAB) model supported by Kruger and Kearney and Human Aspects of Information Security Questionnaire (HAIS-Q) designed by Parsons et al.

The research results show that the information security awareness of library employees is at a good level; however, awareness in two focus areas needs special attention and should be improved. The output of this study is the mapping of seven focus areas of information security policy in libraries based on the HAIS-Q framework and the KAB model.

The cyber awareness of library employees has not been studied in the world using HAIS-Q and KAB model, and to the best of the authors’ knowledge, no research has been previously carried out in the Estonian library context into cyber security awareness.

The purpose of this paper is twofold. Firstly, it highlights areas of disconnect between how the financial services sector in the UK approaches the requirement to evidence source of wealth when conducting customer due diligence; the requirements of the UK’s laws and regulations in relation to evidence source of wealth; and the expectations of the Financial Conduct Authority (FCA) in this regard. It then proposes an alternative approach to evidencing source of wealth.

Semi-structured interviews have been carried out among compliance professionals in UK financial services.

This paper provides rare insight into the anti-money laundering arrangements of UK banks, an area that has not yet been widely researched in the academic literature. It highlights a lack of legal certainty in the UK’s laws and regulation around anti-money laundering and argues that the expectations of the FCA exceed both the letter and the spirit of the laws. It suggests that mixed messages disseminated by the FCA have incentivised banks to shift their focus from financial crime risk (i.e. preventing money laundering and terrorist financing, etc.) towards regulatory risk (i.e. the risk of falling foul of regulatory expectations) and proposes a change to the law and regulatory guidance to enhance the level of legal certainty needed for the law to be effective.

The paper makes suggestions for a more practical and risk-based approach to anti-money laundering compliance and for a much-needed change in the law.

It provides unique insight into the due diligence challenges of financial services firms and argues for the FCA to propagate a more risk-based approach to enhanced due diligence.

With the growing interconnectedness of global markets brought about by globalization and technological innovation, there is a heightened worldwide risk of money laundering, posing a considerable negative impact on economies and social equality. Therefore, the primary purpose of this research is to examine factors that underpin the pervasiveness of money laundering risk.

By using a cross-section sample of 84 countries, the study uses ordered logit and multinomial logit regression to test and explain the role of main and varied determinants of money laundering risk covering countries’ economic, social, regulatory and corporate environment.

The authors conclude that, overall, the macroeconomic indicators are less relevant in influencing money laundering risk than the other factors adopted from the Basel report. Nonetheless, the volume of exports and the exchange rate were robust in both the ordered and multinomial regression analyses alongside financial secrecy, auditing standards and corporate transparency. While more financial secrecy and a higher volume of exports were found to increase this risk, the other variables showed a negative relationship. The authors further conclude that it is mostly less secrecy, more transparency and better auditing that could gradually transform a high-risk country into medium risk.

This study recommends the implementation of publicly accessible ownership registries to address the issues around secrecy, transparency and auditing misconducts. Additionally, the general strengthening of laws and policies in these three domains is also necessary alongside the application of current technologies, such as machine learning, for the detection of money laundering.

The authors believe this study uses advanced econometric techniques rarely used in the literature on money laundering. Separating the impact of economic and social/regulatory is also valuable

The purpose of this paper is to assess the current legal framework on money laundering control in the insurance sector. Essentially, this examination is premised on the interrogation of whether it is still appropriate for Mauritius to apply such stringent, opaque and unyielding Anti-Money Laundering/Combating Financing of Terrorism norms and rules on general insurance when developed nations such as the UK and Singapore have done away with them for a more effective combat against money laundering. It would also be assessed why the financial services commission (FSC) is not able to draw inspiration from its British and Singaporean counterparts in fighting money laundering more effectively.

This paper uses the doctrinal legal research methodology which is colloquially described as “black-letter law” approach. It is backed up by a contextual legal analysis that is based on an analysis of relevant legal provisions. It relies ground experience from the insurance industry through the experience of the authors. A comparative approach is used with Singapore and the UK as case studies given that there are significant commonalities to the Mauritian jurisdiction as well as useful differences.

It is observed that a move towards a de-regulation of the legal framework on money laundering in the insurance sector with a more relaxed approach is more effective for the Mauritian insurance sector. Evidence is drawn from the Singaporean and British models. A re-structuring of the FSC of Mauritius is also warranted for such an approach to be adopted.

This paper is among the first academic contribution that proposes a de-regulation and the adoption of a relaxed approach of and by the Mauritian Insurance Industry for a more effective combat against money laundering. It serves as a legal foundational basis for further research in this direction.