Assets, Crimes and the State
Innovation in 21st Century Legal Responses
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 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 only on expected jurisdictions, such as the United States and United Kingdom, but also on 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.
Table of Contents
- Dirty Money and the New Responses of the 21st Century;
- Too Much Information? Evaluating the Financial Intelligence Gathering Provisions of the Fourth European Union Anti-Money Laundering Directive and the Common Reporting Standard in Combatting Tax Evasion;
- Cooperation Between Financial Intelligence Units in the EU: Challenges for the Rights to Privacy and Data Protection;
- Risk-Based Approach: Is it the Answer to Effective Anti-Money Laundering Compliance?;
- Unexplained Wealth Orders: an Evolving Approach to Enhancing the Effectiveness of the Anti-Money Laundering Regime in the United Kingdom;
- Social Value or Social Harm? The Impact of the Proceeds of Crime Act 2002 upon the Defendant and their Families;
- Legal Professionals as Dirty Money Gatekeepers: the Institutional Problem;
- Occupation, Organisation and Opportunity: Theorising the Facilitation of Money Laundering as ‘White-Collar Crime’;
- New Payment Systems: Potential Counter-Terrorist Financing Risks and the Legal Response in the United Kingdom;
- The Use of Crytpocurrencies in the UK Real Estate Market: an Assessment of Money Laundering Risks;
- Criminal Money and Antiquities: an Open Source Investigation into Transnational Organized Cultural Property Crime;
- UK Corporate Corruption: a Regulatory Paradox;
- Corporate Criminal Liability and the Failure to Prevent Offence: an Argument for the Adoption of an Omissions Based Offence in AML;
- The Development of Laws in Kuwait to Combat Corruption: a Work in Progress;
- Proceeds of Corruption Crime: The Kuwaiti Legal Response;
- The Suspension of Nigeria from the Egmont Group and its Re-admittance: a Case of Reactive Compliance to Appease the Task Masters?;
- The Qatar Crisis, Legitimacy and the use of Sanctions Against Terrorist Financing;
- Iran Responds: International Counter-Terrorist Financing Framework;
Katie Benson, Colin King and Clive Walker;
PART I: INNOVATIVE TECHNIQUES AND NEW PERSPECTIVES ON EXISTING TECHNIQUES;
Foivi Sofia Mouzakiti;
PART II: INNOVATIVE ASSEMBLAGES OF GOVERNMENT;
Samuel Andrew Hardy;
PART III: COUNTRY-SPECIFIC INSIGHTS OR REBELLION;
Noura T. A. Al-Oumi;
Katie Benson is Lecturer in criminology at Lancaster University where she teaches and researches in the areas of money laundering and organised, white-collar, and financial crimes.
Colin King is Reader in Law at the Institute of Advanced Legal Studies, University of London.
Clive Walker is Professor Emeritus of Criminal Justice Studies at the School of Law, University of Leeds, where he has served as the Director of the Centre for Criminal Justice Studies and as Head of School.
"The book represents the latest wave of proceeds of crime scholarship. It contains consideration of a fascinating range of approaches, jurisdictions and subject markets, by an eclectically drawn and dynamic range of scholars. It is a reminder of how little we know, and that a healthy scepticism must always be entertained. It is recommended reading for all interested in the field."
- Peter Alldridge, Drapers’ Professor of Law, Queen Mary University of London.
"Governments love to trumpet new 'innovative' strategies to target money laundering, terrorism, corruption and criminal property. But do they work and do their benefits outweigh their costs, including human costs? Confronting questions like these from unique and critical perspectives, this timely collection of essays by emerging and learned scholars is a welcome addition to the literature."
- Simon N. M. Young, Professor and Associate Dean (Research), Faculty of Law, The University of Hong Kong; Barrister, Parkside Chambers
`The book provides critical inquiries mainly from distinctive criminal and international law perspectives yet at the same time offers insights which would complement other social science approaches on the current state of the policies and laws (law in books) and human or institutional factors, impacting law in action… It is a unique contribution to the AML/CTF literature, providing excellent and detailed inquiries into distinctive legal, political and policy considerations by fresh analyses and insights. It is a must-read for scholars and students of law and other social sciences. It is also an excellent reference point for professionals, commentators, policy-makers and law enforcement agencies.’
Umut Turksen, Amicus Curiae, Series 2, Vol 1, No 3, 547-53