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Assets, Crimes, and the State: Innovations in 21st Century Legal Responses


I Innovative techniques and new perspectives on existing techniquesDirty money and the new responses of the 21st centuryToo 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 evasionIntroductionThe evolution of the AML frameworkThe relationship between money laundering and tax evasionEvaluating the use of SARs in detecting and combatting tax crimesThe OECD and international cooperation in tax mattersThe CRSEvaluating the CRS in detecting and preventing tax crimesToo much information?ConclusionCooperation between financial intelligence units in the EU: challenges for the rights to privacy and data protectionIntroductionFIU cooperation - unravelling the EU legal frameworkFIU cooperation - at what cost for the rights to privacy and data protection?Concluding remarksRisk-based approach: is it the answer to effective anti-money laundering compliance?Aims and introductionThe RBA: origin and definitionChallenges posed by the RBAContradictions in the RBAThe concept of suspicionContradiction between how the law defines the RBA and how the FCA seeks to implement itTension between the FCA and banks/financial institutionsIncreasing financial penalties is not the key to an effective RBAConclusionUnexplained wealth orders: an evolving approach to enhancing the effectiveness of the anti-money laundering regime in the United KingdomIntroductionUWOsPotential human rights issuesConclusionSocial value or social harm? The impact of the Proceeds of Crime Act 2002 upon the defendant and their familiesIntroductionPositioning the responses of those subject to confiscationThe ‘view from below’Loss of the family home and the impact on the wider familyAll-or-nothingHow do they respond?ConclusionII Innovative assemblages of governmentLegal professionals as dirty money gatekeepers: the institutional problemIntroductionResistance to gatekeeping: the liberal democratic self-narrativeResistance to gatekeeping: the institutional dimensionPublic image of the professionSelf-regulation of the professionImplications of institutional consciousness for gatekeeping: banking vs. legal professionalsConclusionOccupation, organisation, and opportunity: theorising the facilitation of money laundering as ‘white-collar crime’IntroductionMethodologyThe facilitation of money laundering as ‘white-collar crime’The occupational context‘Normal‘ transactionsLegitimate and specialised accessConfidentiality and privilegeThe organisational settingSize and complexityAutonomy and oversightOrganisational formConclusionNew payment systems: potential counter-terrorist financing risks and the legal response in the United KingdomIntroductionHow new payment systems workPrepaid cardsPotential CTF risks of prepaid cardsMobile payment servicesPotential CTF risks of mobile paymentsInternet-based payment services and virtual currenciesPotential CTF risks of Internet-based payment services and virtual currenciesCTF and the international standardsThe legal response in the United Kingdom to terrorist financing via new payment systemsConcluding remarksThe use of cryptocurrencies in the UK real estate market: an assessment of money laundering risksIntroductionMoney laundering and the use of cryptocurrencies: concerns for the UK real estate marketCryptocurrency transactions in the UK real estate market: approaches and issuesSome considerations on future legislation and shared governanceConclusionCriminal money and antiquities: an open-source investigation into transnational organised cultural property crimeIntroductionUsing open-source intelligence to inform policy and practiceHow innovative assemblages can facilitate traditional governanceIdentified evidence of money laundering and conflict financingColombiaMexicoConclusionIII Country-specific insights or rebellionUK corporate corruption: a regulatory paradoxIntroductionContextThe Bribery Act 2010The rise of corporate self-regulationAdequate procedures: self-regulation in practiceCritiqueThe weaknesses of self-regulationThe regulatory approachThe need for enhanced oversightConclusionCorporate criminal liability and the failure to prevent offence: an argument for the adoption of an omissions-based offence in AMLIntroductionIdentification principleOmissions and corporate liabilityFTP and the Bribery Act 2010Criminal Finances Act 2017 and omissions-based offencesSanctions and Anti-Money Laundering Act 2018: a missed opportunity?Corporate failure to prevent economic crime proposalConclusionThe development of laws in Kuwait to combat corruption: a work in progressIntroductionOverview of Kuwaiti corruption by reference to case studiesThe cases of the Kuwait Investment Authority (KIA) and Kuwait Oil Tanker Company (KOTC)The case of Kuwait’s Public Institution for Social Security (PIFSS)The Parliament scandalLegality principleEmergence of new anti-corruption law in KuwaitAnalysing illicit enrichment under Kuwait lawIllicit enrichment and fairnessRecommendationsConclusionProceeds of corruption crime: the Kuwaiti legal responseIntroductionThe problem of corruption in KuwaitKuwaiti laws on proceeds of corruptionInterim and provisional measuresConfiscation and forfeitureInnovative approaches to proceed of corruptionCivil forfeitureUWOsInnovation in Kuwait: importance and challengeConclusionThe suspension of Nigeria from the Egmont Group and its re-admittanceIntroductionNigeria’s AML/CFT legal frameworksThe National Drug Law Enforcement Agency (NDLEA) Act 1989Money Laundering Prohibition (MLPA) Act 2011The Economic and Financial Crimes Commission Act 2004Terrorism (Prevention) (Amendment) Act 2013Corrupt Practices and Other Related Offences Act 2000Nigeria’s suspension from the Egmont Group and its implicationsThe systemic challenges to the implementation of AML/CFT standards in NigeriaConclusionThe Qatar crisis, legitimacy, and the use of sanctions against terrorist financingIntroductionThe nature and value of legitimacy to international relationsThe legality of the resort to sanctions against QatarThe legitimacy of the sanctions against QatarConclusionIran responds: international counter-terrorism financing frameworkIntroductionReliance on general laws (2001-2008)The anti-money laundering law (2008-2016)The Law of Combating the Financing of Terrorism (2016-present day)ConclusionSelect bibliography
 
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