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Open Access
Article
Publication date: 31 August 2023

Cayle Lupton

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…

2059

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

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.

Originality/value

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.

Details

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

Keywords

Open Access
Article
Publication date: 14 April 2023

Howard Chitimira and Sharon Munedzi

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…

1918

Abstract

Purpose

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.

Design/methodology/approach

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.

Findings

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.

Research limitations/implications

The paper does not provide empirical research.

Practical implications

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

Social implications

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

Originality/value

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.

Details

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

Keywords

Open Access
Article
Publication date: 21 January 2020

Martin Jullum, Anders Løland, Ragnar Bang Huseby, Geir Ånonsen and Johannes Lorentzen

The purpose of this paper is to develop, describe and validate a machine learning model for prioritising which financial transactions should be manually investigated for potential…

39267

Abstract

Purpose

The purpose of this paper is to develop, describe and validate a machine learning model for prioritising which financial transactions should be manually investigated for potential money laundering. The model is applied to a large data set from Norway’s largest bank, DNB.

Design/methodology/approach

A supervised machine learning model is trained by using three types of historic data: “normal” legal transactions; those flagged as suspicious by the bank’s internal alert system; and potential money laundering cases reported to the authorities. The model is trained to predict the probability that a new transaction should be reported, using information such as background information about the sender/receiver, their earlier behaviour and their transaction history.

Findings

The paper demonstrates that the common approach of not using non-reported alerts (i.e. transactions that are investigated but not reported) in the training of the model can lead to sub-optimal results. The same applies to the use of normal (un-investigated) transactions. Our developed method outperforms the bank’s current approach in terms of a fair measure of performance.

Originality/value

This research study is one of very few published anti-money laundering (AML) models for suspicious transactions that have been applied to a realistically sized data set. The paper also presents a new performance measure specifically tailored to compare the proposed method to the bank’s existing AML system.

Details

Journal of Money Laundering Control, vol. 23 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Open Access
Article
Publication date: 3 May 2022

Elissavet-Anna Valvi

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…

3852

Abstract

Purpose

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?

Design/methodology/approach

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?

Findings

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.

Research limitations/implications

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.

Originality/value

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.

Open Access
Article
Publication date: 24 August 2021

Muhammad Saleem Korejo, Ramalinggam Rajamanickam and Muhamad Helmi Md. Said

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the…

11144

Abstract

Purpose

This paper aims to focus on the concept of money laundering and explores the evolution and expansion of criminalization of predicate offences to the money laundering within the international anti-money laundering (AML) regime over the time. It proposes how to limit the size and scope of predicate offences in designing a balanced legal definition.

Design/methodology/approach

This paper opted a content analysis focussed on the criminalization aspect of offences to money laundering in the international AML regime under the United Nations Conventions (Vienna, Palermo and Corruption Convention) and Financial Action Task Force Standards.

Findings

This paper provides how the criminalization of money laundering has evolved and its definition expanded over the time. The international definition is widely drafted with wide range of predicate offences from proceeds of drug money to corruption, including terrorist financing and terrorist acts; however, the two phenomena – money laundering and terrorist financing are quiet distinct apart. This continual expansion of predicate offences quite leads legality issues such as over-criminalization and conflict with principles of criminal law. This paper suggests an approach to limit the size and scope of predicate offences to money laundering.

Practical implications

This paper includes implications for the development of a balanced approach in defining predicate offences through a qualitative limitation approach consistent with the minimalist theory of penalization of criminal law.

Originality/value

This paper attains an identified issue how the legal definition of the money laundering offence can be improved while considering rule of law and principles of criminal law concerns.

Details

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

Keywords

Open Access
Article
Publication date: 6 March 2020

Marzia Morena, Tommaso Truppi, Angela Silvia Pavesi, Genny Cia, Jacopo Giannelli and Marco Tavoni

This paper aims at investigating the possibility of effectively implementing the blockchain technology in the real estate environment, specifically applied to the Trust legal…

4383

Abstract

Purpose

This paper aims at investigating the possibility of effectively implementing the blockchain technology in the real estate environment, specifically applied to the Trust legal instrument in Dopo di Noi (After Us) project, which is intended to guarantee assistance to persons with severe disabilities.

Design/methodology/approach

The paper is focused on how to apply the blockchain to the tool of Trust, analyzing the main features and characteristics of this technology.

Findings

The paper proposes two potential solutions for managing the Trust tool in the real estate sector, specifically within the Dopo di Noi project. The first simpler proposal is based on timestamping application. The second one radically changes the classical Trust model and introduces an automatization level in the process.

Social implications

The paper presents potential applications of the blockchain technology within the framework of Dopo di Noi project, which allows among other features, legal and tax facilitation for the institution of Trusts to benefit persons with severe disabilities.

Originality/value

This paper highlights the potentiality of the combination of the blockchain technology and the real estate environment and applies the blockchain technology to the Dopo di Noi project. Specifically, with the second solution, the paper proposes a platform that gathers, in a single network, various elements of the blockchain technology, such as timestamping, smart property, smart contract, and links them in order to provide services to persons with severe disabilities.

Details

Property Management, vol. 38 no. 2
Type: Research Article
ISSN: 0263-7472

Keywords

Open Access
Article
Publication date: 13 October 2021

Sonja Cindori

The purpose of this paper is to present the risk of the non-financial sector in Croatia concerning the threats of money laundering through the prism of national and supranational…

1067

Abstract

Purpose

The purpose of this paper is to present the risk of the non-financial sector in Croatia concerning the threats of money laundering through the prism of national and supranational risk assessment. In addition to a brief overview of the financial sector, the specifics of the non-financial sector have been highlighted. This paper aims to emphasize the peculiarities of the non-financial sector, focusing on the consequences of arbitrary application on the right to professional secrecy and independence.

Design/methodology/approach

Specifics of the national risk assessment in Croatia have been analyzed using deductive and inductive methods. To provide an overview of the non-financial sector, the risk assessment at the supranational level has been discussed and compared with the national one. Particular attention has been paid to the areas of increased risk.

Findings

The effectiveness of risk assessment depends on several factors such as the characteristic of the sector being observed, the specifics of each profession or business, changes at the level of awareness-raising and efficient and coherent supervision. Most deficiencies were observed in the area of beneficial ownership identification, conducting due diligence, awareness of the risk exposure and permanent education.

Originality/value

By recognizing the risk profile faced by the non-financial sector, this paper seeks to point out their role as “Gatekeepers” that is far from being negligible. By analyzing the risk of money laundering in Croatia, the tendencies of harmonization with international standards are pointed out along with the occurrences indicated by the practice.

Open Access
Article
Publication date: 28 April 2023

Prudence Kadebu, Robert T.R. Shoniwa, Kudakwashe Zvarevashe, Addlight Mukwazvure, Innocent Mapanga, Nyasha Fadzai Thusabantu and Tatenda Trust Gotora

Given how smart today’s malware authors have become through employing highly sophisticated techniques, it is only logical that methods be developed to combat the most potent…

2420

Abstract

Purpose

Given how smart today’s malware authors have become through employing highly sophisticated techniques, it is only logical that methods be developed to combat the most potent threats, particularly where the malware is stealthy and makes indicators of compromise (IOC) difficult to detect. After the analysis is completed, the output can be employed to detect and then counteract the attack. The goal of this work is to propose a machine learning approach to improve malware detection by combining the strengths of both supervised and unsupervised machine learning techniques. This study is essential as malware has certainly become ubiquitous as cyber-criminals use it to attack systems in cyberspace. Malware analysis is required to reveal hidden IOC, to comprehend the attacker’s goal and the severity of the damage and to find vulnerabilities within the system.

Design/methodology/approach

This research proposes a hybrid approach for dynamic and static malware analysis that combines unsupervised and supervised machine learning algorithms and goes on to show how Malware exploiting steganography can be exposed.

Findings

The tactics used by malware developers to circumvent detection are becoming more advanced with steganography becoming a popular technique applied in obfuscation to evade mechanisms for detection. Malware analysis continues to call for continuous improvement of existing techniques. State-of-the-art approaches applying machine learning have become increasingly popular with highly promising results.

Originality/value

Cyber security researchers globally are grappling with devising innovative strategies to identify and defend against the threat of extremely sophisticated malware attacks on key infrastructure containing sensitive data. The process of detecting the presence of malware requires expertise in malware analysis. Applying intelligent methods to this process can aid practitioners in identifying malware’s behaviour and features. This is especially expedient where the malware is stealthy, hiding IOC.

Details

International Journal of Industrial Engineering and Operations Management, vol. 5 no. 2
Type: Research Article
ISSN: 2690-6090

Keywords

Open Access
Article
Publication date: 7 March 2023

Howard Chitimira and Sharon Munedzi

Customer due diligence measures that are employed in the United Kingdom (UK) to detect and combat money laundering are discussed. The UK adopted a progressive regulatory and…

2859

Abstract

Purpose

Customer due diligence measures that are employed in the United Kingdom (UK) to detect and combat money laundering are discussed. The UK adopted a progressive regulatory and enforcement framework to combat money laundering which relies, inter alia, on the use of customer due diligence measures to regulate and curb the occurrence of money laundering activities in its financial institutions and financial markets. However, other regulatory measures that could have contributed to the effective combating money laundering in the UK will not be explored in detail since the article is focused on the reliance and use of customer due diligence measures to curb money laundering activities. Accordingly, the strength, flaws and weaknesses of the UK anti-money laundering regulatory and enforcement framework are examined. Lastly, possible recommendations to address such flaws and weaknesses are provided.

Design/methodology/approach

The paper discusses customer due diligence measures that are used in the UK to detect and combat money laundering.

Findings

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

Research limitations/implications

The paper does not provide empirical research.

Practical implications

The study is useful to all policymakers, lawyers, law students and regulatory bodies in the UK.

Social implications

The study seeks to curb money laundering in the UK society globally.

Originality/value

The study is original research on the use of customer due diligence measures to detect and combat money laundering in the UK.

Details

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

Keywords

Open Access
Article
Publication date: 5 October 2022

Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag

President Cyril Ramaphosa, in his 2018 State of the Nation Address, stated that “Thieves who are stealing public funds should be arrested and prosecuted”, and called for lifestyle…

1835

Abstract

Purpose

President Cyril Ramaphosa, in his 2018 State of the Nation Address, stated that “Thieves who are stealing public funds should be arrested and prosecuted”, and called for lifestyle audits of public-sector employees. The gross misuse of COVID-19 relief funds by public officials indicated the urgent need to execute these audits as an anti-corruption measure. This paper aims to provide a review of the existing state of affairs with regard to the application of lifestyle audits in South Africa.

Design/methodology/approach

This paper critically analyses the literature available on the current position of South Africa concerning lifestyle audits in the public sector, based on the mandates of some of the anti-corruption agencies that could be responsible for the conducting and processing of such audits.

Findings

South Africa has only recently seen a framework for applying lifestyle audits, developed by the Department of Public Service and Administration. Although these first steps in developing a standard practice are laudable, the practical process of dealing with misconduct and/or criminal matters remains to be seen. It is recommended that South Africa consider a legislative approach to dealing with unlawfully obtained wealth by either criminalising the act of illicit enrichment (per the United Nations Convention Against Corruption) or creating an Unexplained Wealth Order, as seen, for example, in the UK.

Originality/value

South Africa is in dire need of addressing corruption in the public sector. Despite lifestyle audits being called for, the lack of proper implementation is negating any positive outcomes. Therefore, alternative solutions should be investigated.

Details

Journal of Financial Crime, vol. 30 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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