The Critical Handbook of Money Laundering: Policy, Analysis and Myths

ISBN-13: 9781137523976 / Angielski / Twarda / 2019 / 378 str.

Petrus C. van Duyne;Jackie H. Harvey;Liliya Y. Gelemerova

Opis

The overarching aim of this book is to bring order to the subjects of money laundering and of the anti-money laundering frameworks that have been written over the past thirty years. It provides scholars, practitioners and policy makers with a guide to what is known of the subject thus far. The book examines critically the underlying assumptions of research and of policy-making in the field and offers a systematic review of the most important policy and academic literature on the subject.

Spis treści

Table of contents

  

1. Money-laundering: a global issue and scarce knowledge

1.1. Introduction: why this book?

1.2.    Where did the anti-money laundering narrative start?

1.3.    A sense of urgency and accumulation of knowledge

1.4 . Conclusion

2. Methodology 

2.1. Introduction

2.2. The meaning and limitations of probing FATF reports

2.3.     Official sources and their validity

2.3.1.  The Mutual Evaluation Reports

2.3.2.  The annual reports and strategic documents

2.4. The academic literature and the march of the economists

2.5.    The nature of enquiry: Review and protocol development

2.6.      The initial systematic scoping of relevant literature

2.6.1.   Searching for existing reviews of money laundering literature

2.6.2.   Scoping search across the money laundering landscape

2.6.3.   Search terms definition for the structured review

2.7.      Structured review output and theme development

2.7.1.   Emergent themes and the narrative in literature review

2.7.2.   Sorting our database

2.8.      Conclusion

3. Historical overview 

3.1.    Introduuction

3.2. The first steps of the crime money approach

3.3.    Next step: the criminalisation of money laundering in the US

3.4. With the BSA strengthening, the taxman was always near

3.5.    Globalisation by exportation of US legislation

3.6.    The FATF and its extending reach

3.6.1. The development of the informal anti money laundering club

3.7.    Regulating the extension of the FATF

3.8.    Organising the FATF: the unfolding shape and structure

3.9. The rise of the compliance industry and compliance costs. 

3.10. Cost estimations and the compliance market

3.11.   Conclusion

4. Concepts, assumptions and consequences

4.1. Introduction

4.2. The need for precision

4.3. Defining laundering: observation or conclusion?

4.4. Defining in legislative and policy making setting

4.4.1. Criminal law formulations

4.4.2. Defining from the perspective of policy making 

4.5. ‘All crime’ or a catalogue of offences and national criminal law 

4.6. Assumptions and threats of laundering (in a behavioural approach)

4.7. Conclusion

5. Learning more about the FATF: Knowing the tree by its fruits

5.1. Introduction

5.2. FATF tasks and its fulfilment

5.3. Herding the Member States and enforcing compliance

5.4. The legitimacy of sanctioning

5.5. Approximating the identity of the FATF

5.6. Educational publications: typologies

5.7. The FATF in its global network

5.8 . Conclusion

6. The legal studies literature 

6.1. Introduction: legal foundations and legal laundering research

6.2. Interest and harm

6.3. Proportionality and subsidiarity

6.4. Scope and lex certis

6.5. Sanctioning countries

6.6. Recovery of assets and restorative justice

6.7. Conclusion

7.  Economists’ consensus: models and estimates

7.1. Introduction: the concerns of economists

7.2.    Contribution from the conceptual studies

7.2.1. Definition

7.3     Presumed rationality, regulation and the cost benefit debate

7.4.    The vexed topics of efficiency, effectiveness and micro-economics

7.5.    The macro-economic models employed

7.6.    The micro-economic models

7.7.    Critics of the regime

7.8.    Conclusion

8. Behaviour and impact ‘on the ground’

8.1. Introduction 

8.2. The actions of the states and the persuasiveness of the‘ club’

8.2. Joining the club and adhering to the rules; enforcement and mutual          evaluation

8.3.     The regulated sector and reasons for compliance

8.3.1. Costs of compliance

8.3.2. ‘Persuading’ compliance by other means

8.3.3. The apparent benefits of the risk based approach

8.4.      Impact on the criminals: evidence of changing behaviour?

8.5.      Conclusion

9. “What is all this good for?” A layman’s question 

9.1. Introduction: questions from a tabula rasa

9.2.      “What is all this good for?” Duality of aims and knowledge sources

9.2.1.   Integrity and uncertainty

9.2.2.   Crime reduction: the external criterion

9.2.3.   Comparison with the Mutual Evaluation Reports fourth round

9.2.4.   The AML supremacy

9.3.      The National Risk Assessment Dome

9.4 .   Conclusion

10. Back to the essence and the future

10.1. A legal axiom and the ‘least effort principle’

10.2. Conceptual opaqueness

10.3. The FATF repressive drone and the independent judiciary

10.4. Dissuasion and restorative justice

10.5. Outside of the Dome 

10.6. New horizons

O autorze

Petrus C. van Duyne, Professor emeritus, is one of the pre-eminent authors of the subjects of  cross-border and organised crime, money-laundering and corruption. Known to be a critical and independent thinker, author of around 140 publications, his papers are widely downloaded and referenced. As both a psychologist and jurist he has been researching in the field since the 1980s. 

 

Dr Jackie Harvey is Professor of Financial Management and Director of Business Research at Newcastle Business School. Her research is focused on criminal financial management, in particular money laundering.  Prior to becoming an academic in 2000, Jackie spent 10 years working for a major merchant bank, followed by a 3 year posting as fiscal policy adviser to the Ministry of Finance in Belize.

 

Dr Liliya Gelemerova is an Honorary Senior Lecturer at the University of Manchester, a member of the Steering Committee of Finance against Trafficking and a Senior Financial Crime Advisor at Commerzbank, London. Formerly Head of International Contacts and Legal Coordination at Bulgaria’s Financial Intelligence Unit, and following a role at Transparency International, Berlin, Liliya worked for several investigative consultancy firms in London before moving into inhouse banking compliance.