Organised crime, corruption and terrorism are considered to pose significant and unrelenting threats to the integrity, security and stability of contemporary societies. Alongside traditional criminal enforcement responses, strategies focused on following the money trail of such crimes have become increasingly prevalent. These strategies include anti-money laundering measures to prevent ‘dirty money’ from infiltrating the legitimate economy; proceeds of crime powers to target the accumulated assets derived from crime; and counter-terrorist financing measures to prevent ‘clean’ money from being used for terrorist purposes.
This collection brings together 17 emerging researchers in the fields of anti-money laundering, proceeds of crime, counter-terrorist financing and corruption, to offer critical analyses of contemporary anti-assets strategies and state responses to a range of financial crimes. The chapters focus on innovative anti-financial crime measures and assemblages of governance that have become a feature of late modernity, and also on the ways in which individual nation states have responded to anti-money laundering and counter-terrorist financing requirements in light of their specific social, political and economic contexts. This collection draws on perspectives from law, criminology, sociology, politics and other disciplines. It adopts a much needed international approach, focusing not just on expected jurisdictions such as the US and UK, but including analysis from countries such as Qatar, Kuwait, Iran and Nigeria. The authors stand out for their fresh and original research which places them at the cutting edge of the subject.
This book provides a comprehensive, insightful, and original study of an important and developing field for academics, students, practitioners and policymakers in multiple jurisdictions.
Dirty money and the new state responses of the 21st century, Katie Benson, Colin King and Clive Walker; Part I: innovative techniques and new perspective on exiting techniques; 2. Sunny Ways for Financial Crime: Snow Washing, Beneficial Ownership, and Money Laundering in Canada, Vanessa Iafolla; 3. Too much information? A critical analysis of the efficacy and proportionality of the Fourth European Union Anti-Money Laundering Directive and the Common Reporting Standard in combatting tax evasion, Sam Bourton; 4. The Evolution of Financial Intelligence Units in the EU: From Anti-Money Laundering to Intelligence Agencies, Foivi Sofia Mouzakiti; 5. Denunciation and Sanction of Dirty Money in Switzerland: Critical Remarks about Financial Intelligence, Killian Chaudieu; 6. Unexplained Wealth Orders and Whistleblowing: Evolving Approaches to Enhancing the effectiveness of AML Regime in the USA and UK, Sirajo Yakubu; 7. The impact of confiscation legislation for desistance and the legitimacy of punishment, Craig Fletcher; Part II: innovative assemblages of governance; 8. Of Public Servants and Traders: Fundamental Debates behind the Designation of Legal Professionals as Gatekeepers, Nathaneal Ali; 9. Occupation, Organisation and Opportunity: Using White-Collar Crime Theory to Explore the Facilitation of Money Laundering by Legal Professionals, Katie Benson; 10. Legal Practitioner Engagement with the Suspicious Activity Reporting Regime, Sarah Kebbell; 11. Chasing Dirty Money in Underground Banking: The Money or Value Transfer Services Regime in the United Kingdom and Its Origins, Doran Goldbarsht; 12. The Use of Cryptocurrencies in the UK Real Estate Market: An Assessment of Money Laundering Risks, Ilaria Zavoli; 13. Transnational organised antiquities trafficking – a long-‘emerging crime’, Sam Hardy; Part III: country-specific innovation or rebellion; 14. Preventing and Combatting Corporate Crime. Money Laundering, Corruption, and Terrorist Financing in the Light of the Italian Experience, Rossella Sabia; 15. UK Corruption – A Regulatory Paradox Nicholas Mills; 16. Controlling money flows in Germany and France: the case of terrorism, Vasiliki Chalkiadaki; 17. The Development of Laws in Kuwait to Combat Corruption: An analysis of the work in progress under the Legislation passed in 2012–2016, Nourah T.A. Al-Oumi ; 18. Proceeds of Corruption Crime – Legal Response in Kuwait Law, Khaled Al-Rashidi; 19. Legislative Response to Nigeria’s Suspension from the Egmont Group: Taming the Unruly Horse, Olufemi Olaoye; 20. The Qatar Crisis: Legitimacy and the use of Sanctions against Terrorist Financing, Ahmed Almutawa; 21. Iran responds: Counter-Terrorism Financing Regime, Zeynab Malakoutikhah;
The concept of ‘transnational criminal justice’ has frequently been interpreted in the academic literature as ‘international criminal justice’ or ‘global criminal justice’. Many publications that use the term ‘transnational’ therefore discuss international criminal justice and international legal frameworks. Another form of studies that has developed under the umbrella of transnationality in the field of criminal law is comparative. There has hence been a move from the terminology of ‘international’, ‘global’ and ‘comparative’ criminal justice towards ‘transnational’ criminal justice.
This series considers these developments, but focuses primarily on publications that adhere to a more literal interpretation of the term ‘transnational’. The aim of the series is to provide a forum for discussion of bilateral and multilateral relationships between nations in the field of criminal justice. International law influences these relationships, but is not the focus here. Equally, to explain transnational relationships, comparative analyses are required. While incorporating comparative studies in this series, their aim is the explanation of challenges to criminal justice cooperation in bilateral or multilateral relationships.
Saskia Hufnagel is a qualified German legal professional and accredited specialist in criminal law. She currently works as Lecturer in Criminal Law at Queen Mary University of London. She previously worked as a Research Fellow at the Australian Research Council Centre of Excellence in Policing and Security, Griffith University, Australia, and was a Leverhulme Fellow at the University of Leeds. Her main research areas encompass law enforcement cooperation in Asia, North America, the EU and Australasia, comparative constitutional and human rights law with a focus on terrorism legislation and emergency management and the policing of art crime. Her monograph Policing Cooperation Across Borders: Comparative Perspectives on Law Enforcement within the EU and Australia (Ashgate) was published in 2013. Saskia was awarded an LL.M. (2004) and a PhD in Law (2011) by the Australian National University.