Banks and Financial Crime
The International Law of Tainted Money
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 26 January 2017
- ISBN 9780198716587
- Binding Hardback
- No. of pages644 pages
- Size 249x175x40 mm
- Weight 1274 g
- Language English 0
Categories
Short description:
This revised and updated new edition provides a practical guide for banks and their lawyers to their regulatory responsibilities, private law duties, liabilities to third parties, and obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to "tainted money".
MoreLong description:
This thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to "tainted money". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminal practitioners, public international lawyers, and overseas (in particular US) lawyers.
The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered.
The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emerging response of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies.
the book is a well-written composition that provides a comprehensive picture of the complicated field of the international law of tainted money. The book's thorough and profound analyses will unquestionably serve as an important tool in meeting the challenges of continued exploration in this field.
Table of Contents:
I The International Law of Tainted Money
General Introduction: Some Problems Relating to the Role of International Law
International legal sources I - the United Nations Conventions
International Legal Sources II - The United Nations Security Council Resolutions
International Legal Sources III - FATF Recommendations
International Legal Sources IV - the European Union and The Council of Europe
International Legal Sources IV - The European Union and The Council of Europe
II Public Obligations and Regulatory Responsibilities
A. Offences
Money Laundering Offences Under POCA 2002
The Terrorism Acts and Conspiracy
B. Sanctions and Regulatory Responsibilities
UK Sanctions regimes
Regulatory Responsibilities
III The Professions and Financial Crime
The Professions and Financial Crime
IV The Private Law of Financial Crime
Claims Arising under UK Private Law
V Financial Crime and Private International Law
Financial Wrong-Doing and Private International Law
Money Had and Received
Knowing Receipt
Dishonest Assistance
Deceit
Conspiracy
VI Providing and Obtaining Assistance
A.Providing Assistance
Investigations and Remedies under POCA 2002
Anti-Terrorism Legislation
B. Obtaining Assistance
Judicial Cooperation Including Obtaining Evidence
VII United States-United Kingdom Issues
Cooperation between the United States and the United Kingdom in the Prevention and Prosecution of Financial Crime
Extraterritorial Application of U.S. Law
VIII Conclusion: Virtual Money
The Future of Financial Crime: Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions
