Money Laundering, Asset Forfeiture and Compliance Copyright - A Global Guide

Publication Year:
2018
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Repository URL:
https://works.bepress.com/william_byrnes1/96; https://scholarship.law.tamu.edu/facscholar/1102
ISBN:
9780327170846
Author(s):
Byrnes, William
Publisher(s):
Matthew Bender & Company, Inc.
Tags:
Comparative and Foreign Law; Criminal Law; Intellectual Property Law; Law
article description
The world is plagued with the risks, threats and damage resulting from money laundering and terrorist financing. These risks have long been an inherent component of every nation’s financial system, thereby affecting its structure and operations in an adverse manner. But it is imperative to recognize that the most troubling revelation from these illicit activities comes in the forms of indirect threats to national security since the institutional fabric of society itself faces increasing corruption, becoming gradually degenerate. At the same time, the very institutional and governmental fabric that is—in itself—facing corruption and degeneracy, attempts to organize its own responses to these phenomena, thereby appearing pro-active in the fight against money laundering and terrorist financing.Consequently, the institutions of society, particularly financial and law enforcement agencies, have responded with presumably well-organized Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) initiatives to counter these threats and risks. But despite the continuing efforts of nations and their respective institutions, the long-term results have not always been encouraging. This is particularly evident in the nations of the Western industrialized world where the responses to the threats have not yielded adequate results; this is reflected in both the low number of prosecutions and the even lower number of convictions.Supporters of the National AML/CTF systems contend that the vigorous supervision within the regimes has significantly protected the public integrity of the institutions of society, particularly the financial and non-financial institutions. Regardless of the ultimate evaluation of the effectiveness of these AML and CTF regimes, it is safe to recognize that both legal and financial intelligence remains a critical resource in society’s struggle against the evil of financial criminals, fraudsters and organized crime. The efforts of the national Financial Intelligence Units (FIUs) as well as the internal AML/CTF Analyst teams within banks and non-bank financial institutions are characteristic of these dynamics.This online service is designed to provide the reader with accurate analyses of the AML/CTF Financial and Legal Intelligence, law and practice in the nations of the world with the most current references and resources. The service is organized around five main themes: 1. Money Laundering Risk and Compliance; 2. The Law of Anti-Money Laundering and Compliance; 3. Criminal and Civil Forfeiture; 4. Compliance and 5. International Cooperation.