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Article
Publication date: 28 April 2023

Peter Alan Sproat

This paper aims to raise, and consider, first-order questions about the United Kingdom’s anti-money laundering (AML) regime.

Abstract

Purpose

This paper aims to raise, and consider, first-order questions about the United Kingdom’s anti-money laundering (AML) regime.

Design/methodology/approach

The paper contrasts the original rationale for introducing AML and asset recovery to the UK with data on the assets recovered from organised crime and those involved in drug trafficking. It does this by analysing historical and contemporaneous literature – both official and academic.

Findings

When assessed against its original aims of combating drugs and organised crime, the tentative conclusion is that the UK’s AML system does not appear to be worth the candle.

Research limitations/implications

While based upon publicly available information that is far from ideal, the analysis raises credible questions as to whether the UK’s AML regime is worthwhile and whether it could be done differently.

Practical implications

Raises the question of whether the impact of the AML regime could be made worthwhile by investing a great deal more in those law enforcement agencies that use the suspicious activity reporting regime. It also raises the question as to whether the AML regime could be re-purposed to achieve aims that are different from the original.

Social implications

Given the financial costs, which run into billions of pounds, and the fact that the regime has failed to have a significant impact on the level of drug trafficking or the revenue of organised criminals, the paper raises questions as to when the policy can be re-designed or abandoned.

Originality/value

While most other analytical work simply makes suggestions as to how to improve the number of inputs into the AML system, this paper provides a critical analysis of the costs and benefits of the AML regime in the UK.

Details

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

Keywords

Open Access
Book part
Publication date: 16 August 2023

Abstract

Details

Digital Transformations of Illicit Drug Markets: Reconfiguration and Continuity
Type: Book
ISBN: 978-1-80043-866-8

Open Access
Article
Publication date: 22 December 2022

John Langdale

This study aims to examine the role of Australian casinos in facilitating money laundering and Chinese capital flight.

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Abstract

Purpose

This study aims to examine the role of Australian casinos in facilitating money laundering and Chinese capital flight.

Design/methodology/approach

The reports and transcripts of evidence from government inquiries into money laundering in Australian casinos are integrated with analyses of Asian transnational crime.

Findings

Money laundering in Australian casinos is linked to transnational crime and Chinese capital flight. A central finding is that junket operators play a key role in facilitating money laundering. The casinos are particularly exposed to criminal influences in the Chinese very important person gambling market, since they have used junket operators and underground banks, many of whom are closely linked to major Chinese criminal groups from Hong Kong and Macau.

Research limitations/implications

Very little information is available on money laundering in Australian casinos and this research has relied on the government inquiries that have been conducted over the past two years on the subject.

Practical implications

The author’s focus on money laundering in Australian casinos in the context of Asia-Pacific transnational crime is important for Federal and state government regulators grappling with the rapidly changing money laundering issues. The government inquiries recognised that the money laundering was related to transnational crime, but did not have the time and resources to explore the topic. The paper provides state government casino regulators and financial crime regulators with a broader international perspective to anticipate future money laundering and crime pressures facing Australia’s casinos.

Social implications

Money laundering in Australian casinos has had devastating social implications on the community. My research helps to focus attention on the problems of transnational crime and money laundering.

Originality/value

Little research has examined the linkages between casinos and transnational crime. This study has found that Australian casinos were used to launder the proceeds of illegal drug trafficking and to facilitate Chinese capital flight. While casinos have been forced by damming government inquiries to tighten anti-money laundering controls, it is likely that there will be pressure to relax these controls in the future because of competitive pressure from other casinos in the Asia-Pacific region.

Details

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

Keywords

Book part
Publication date: 2 August 2023

Carmen Hein de Campos and Cristina Rego de Oliveira

Brazil occupies third place in the world ranking in terms of the prison population in the National Penitentiary System, reflecting a policy of zero tolerance and mass imprisonment…

Abstract

Brazil occupies third place in the world ranking in terms of the prison population in the National Penitentiary System, reflecting a policy of zero tolerance and mass imprisonment of citizens in conditions of vulnerability. Even though incarcerated women are a minority group in Brazil, there is an increase in the percentage of them being subjected to criminal control. According to the latest official data, the number is approximately 38,000 women, representing an increase of 675% between 2000 and 2016 – which puts Brazil in third place among those countries that most imprison women, behind the USA and Thailand. Criminal selectivity works in an explicit way, given that the majority of incarcerated women in Brazil are young, Black, poor and semi-literate. The crime of drug trafficking accounts for more than 62% of female imprisonments, which is a much higher percentage than that of men for the same crime (41%). From a feminist perspective, this chapter analyses and reflects on the specific characteristics of female criminality related to drug trafficking, highlighting how the intersection between gender, race, class and age informs the criminalisation process of women in Brazil.

Details

The Emerald International Handbook of Feminist Perspectives on Women’s Acts of Violence
Type: Book
ISBN: 978-1-80382-255-6

Keywords

Article
Publication date: 13 April 2023

Samah Al Agha

The purpose of this paper is to examine the effectiveness of the antimoney laundering measures in the Kingdom of Saudi Arabia in response to its commitments to the Financial…

Abstract

Purpose

The purpose of this paper is to examine the effectiveness of the antimoney laundering measures in the Kingdom of Saudi Arabia in response to its commitments to the Financial Action Task Force and treaties in combatting money laundering.

Design/methodology/approach

To explore the effectiveness of the Saudi antimoney laundering measures, this research’s data have been obtained by a qualitative approach that uses a combination of primary and secondary resources. It relies on analyzing Anti-Money Laundering Law (AML) and the process of money laundering detection in Saudi Arabia in relation to three cases from Saudi courts supported by journal articles, academic books and reliable websites.

Findings

This study concludes that the Saudi AML has been efficient and effective in the battle against money laundering. This study finds that there is close coordination and collaboration between financial institutions, banks and governmental agencies in Saudi Arabia to combat this phenomenon. This study also concludes that the AML is compatible with other criminal laws such as the Anti-Bribery Law, the Anti Trafficking in Person Law and the Anti-Drug Trafficking Law.

Research limitations/implications

This paper relies mainly on publicly available information regarding the detection of money laundering schemes and the confiscation of proceeds of crime in the Kingdom of Saudi Arabia as a main source of information. There data available on the money laundering cases in the Saudi prosecution and criminal courts were limited due to the lack of public disclosure of such cases because of their sensitivity. This was made up for by using reliable sources in which some cases were reported.

Originality/value

This paper underlines the efficient aspects of the current AML that contribute to reduction of money laundering in Saudi Arabia. This paper emphasizes on the importance of the structure of collaboration between regulatory, financial and law officers to implement the rule of law and achieve justice.

Details

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

Keywords

Article
Publication date: 13 October 2022

Ping He

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Abstract

Purpose

The purpose of this paper is to introduce the background and significance of criminalization of self-money laundering in China and to analyze its application in judicial practice.

Design/methodology/approach

This paper introduces the international and domestic background of the criminalization of self-money laundering, demonstrates the theoretical basis and practical significance of the changes of Article 191 in the 11th amendment to the criminal law and puts forward solutions to some controversial issues in judicial practice.

Findings

The 11th amendment to the Criminal Law, which came into force in March 2021, criminalizes self-money laundering under Article 191 and has brought an impact on the traditional theory of criminal law. There are no similar amendments to the other two crimes, namely, Article 312 and Article 349, which lead to some confusion in the judicial practice, especially in the understanding of the number of crimes, and the meaning of proceeds of crime. This paper puts forward solutions to some controversial issues in judicial practice.

Originality/value

This paper introduces the criminalization of self-money laundering in the 11th amendment to the criminal law in China, presents a comprehensive description of and comments on the difference between the Article 191 and its similar articles, namely, Article 312 and Article 349, to make a well understanding in the application of law in judicial practice, which would be beneficial to theoretical researchers and judicial professionals.

Details

Journal of Money Laundering Control, vol. 27 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 14 July 2023

Smart E. Otu, Macpherson Uchenna Nnam, Mary Juachi Eteng, Ijeoma Mercy Amugo and Babatunde Michel Idowu

The purpose of this study is to examine the politics, political economy, and fallout of hawkish regulatory policy on prescription drugs in Nigeria. Hawkish regulatory policy on…

Abstract

Purpose

The purpose of this study is to examine the politics, political economy, and fallout of hawkish regulatory policy on prescription drugs in Nigeria. Hawkish regulatory policy on prescription drug in Nigeria, such as opioid analgesics, is a very complex and multifaceted one, which usually involves the interplay of many factors and parties.

Design/methodology/approach

Policy manuals, official government gazettes (legislations, regulations, Acts and decrees), academic literature and a direct ethnographic observation of events surrounding the regulation of prescription drugs were reviewed and engaged.

Findings

The results revealed that Nigerian and global political economy and politics interface to define the direction of the new restrictive opioid policy, with resultant friction between prohibition and consumption. The reviews showed that the overarching “get-tough” and “repressive” policy are not necessarily founded on empirical evidence of an increase in prescription drug sales or use, but more as a product of the interplay of both internal and external politics and the prevailing socioeconomic order.

Practical implications

Instead of borrowing extensively from or being influenced by repressive Western drug laws and perspectives, Nigerian policymakers on prescription opioids should take control of the process by drawing up a home-grown policy that is less intrusive and punitive in nature for better outcomes. A mental sea change is required to understand the intrigues of Western power in Nigeria’s politics and political economy to avoid the continuous symptomatic failure of drug policy.

Originality/value

The politics and economic influence of the United Nations, USA and Western powers, as well as the axiom of moral panic of prescription drugs scares within the Nigerian environment, are particularly significant in the making of the emerging hawkish policy on prescription drugs in Nigeria.

Details

Drugs, Habits and Social Policy, vol. 24 no. 4
Type: Research Article
ISSN: 2752-6739

Keywords

Article
Publication date: 3 February 2023

Milind Tiwari and Jamie Ferrill

The purpose of this paper is to interrogate if the legal status of a cannabis affects money laundering activity. The legal status of cannabis continues to evolve globally; at the…

Abstract

Purpose

The purpose of this paper is to interrogate if the legal status of a cannabis affects money laundering activity. The legal status of cannabis continues to evolve globally; at the same time, its market remains enormous. Much of this market represents dirty money from criminal acts, which often requires laundering. In the context of changing cannabis regulations, legislation, and policies, the authors propose the possible implications such changes may have on the extent of money laundering.

Design/methodology/approach

This paper proposes the implications of the evolution of cannabis regulations on money laundering activities, using the theoretical underpinning of rational choice. Using Australia as a replicable critical case study, the paper, using the Walker gravity model and using United Nations Office on Drugs and Crime-reported prices of cannabis from 2003 to 2017 and Australian Criminal Intelligence Commission reports empirically validates the effects of cannabis regulations on the proceeds available for laundering.

Findings

This study finds support for the argument that prohibitive measures toward cannabis use contribute to increases in the need to launder generated proceeds.

Research limitations/implications

The findings can be replicated in other countries and may contribute to novel propositions within the debate on the legalization of cannabis use, which has, thus, far primarily focused on the areas of health, crime, taxation and education.

Originality/value

To the best of the authors’ knowledge, no study has yet attempted to provide an economic analysis of the effects of cannabis policy changes on money laundering.

Details

Journal of Money Laundering Control, vol. 26 no. 5
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 28 February 2023

Rachael Thompson and Kate Clegg

This preliminary small-scale research aims to achieve an insight into drug use offenders’ rehabilitation experiences both in and out of prison, as well as considering how…

Abstract

Purpose

This preliminary small-scale research aims to achieve an insight into drug use offenders’ rehabilitation experiences both in and out of prison, as well as considering how perceptions of the public may inhibit their successful reintegration into society.

Design/methodology/approach

A mixed-methods approach was used, with five semi-structured interviews conducted alongside the distribution of the Attitude towards prisoners questionnaire among the general public (n = 106) in the North-West region of England.

Findings

Participants recalled a mixture of experiences, highlighting the presence of contraband in prisons to be an inhibiting factor of successful rehabilitation. Additionally, participants expressed the need for more support when preparing for release such as confirmation of accommodation and possible employment. Questionnaires also indicated the public to perceive offenders negatively (M = 76, SD = 16.99), thus presenting a further challenge in the resettlement of drug use offenders.

Practical implications

Findings highlight that improving practices to decrease the presence of contraband in prisons, monitoring an individual’s use of methadone, preparing an individual for their release from prison and educating the public would reduce some of the obstacles experienced by drug use offenders.

Originality/value

This study outlines some of the obstacles that drug use offenders experience when attempting to end their drug use activity and criminal engagement.

Details

Journal of Criminological Research, Policy and Practice, vol. 9 no. 3/4
Type: Research Article
ISSN: 2056-3841

Keywords

Book part
Publication date: 22 August 2023

Jaime Andrés Wilches Tinjacá and Daniela Rivera Ortega

Inequality of rights, wage gaps, and gender stereotypes are the context in which women in Latin America live, aggravating their situation of poverty. Under this scenario, drug…

Abstract

Inequality of rights, wage gaps, and gender stereotypes are the context in which women in Latin America live, aggravating their situation of poverty. Under this scenario, drug trafficking is presented as a legitimate job offer as an answer to women’s economic needs. Currently, drug trafficking not only categorizes women as merchandise for sexual services but also integrates professional, technical, and logistical services within the criminal structures.

This research follows a qualitative methodology, making a documentary review to identify the role of women in drug trafficking. As partial results, it is evident that women recognize that gender gaps are not solved by their insertion in the drug trafficking economy, because they must perform jobs that put them at greater risk with the authorities, but they do solve an economic need.

Details

Economy, Gender and Academy: A Pending Conversation
Type: Book
ISBN: 978-1-80455-998-7

Keywords

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