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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Banks and Financial Crime: The Law of Tainted Money 2nd ed

Edited by: William Blair, Richard Brent

ISBN13: 9780198716587
Previous Edition ISBN: 9780199291724
To be Published: January 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £185.00

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.

Criminal Law, Banking and Finance, Money Laundering
I The International Law of Tainted Money
1: General Introduction: Some Problems Relating to the Role of International Law, Tom Grant & Richard Brent
2: International legal sources I - the United Nations Conventions, Cheong-Ann Png
3: International Legal Sources II - The United Nations Security Council Resolutions, Cheong-Ann Png
4: International Legal Sources III - FATF Recommendations, Cheong-Ann Png
5: International Legal Sources IV - the European Union and The Council of Europe, Antonios Tzanakopoulos
6: International Legal Sources IV - The European Union and The Council of Europe, Tom Grant

II Public Obligations and Regulatory Responsibilities
A. Offences
7: Money Laundering Offences Under POCA 2002, Rudi Fortson
8: The Terrorism Acts and Conspiracy, Rudi Fortson
B. Sanctions and Regulatory Responsibilities
9: UK Sanctions regimes, Antonios Tzanakopoulos
10: Regulatory Responsibilities, Richard Brent

III The Professions and Financial Crime
11: The Professions and Financial Crime, David Kirk and Andrew Thornton-Dibb

IV The Private Law of Financial Crime
12: Claims Arising under UK Private Law, James Evans

V Financial Crime and Private International Law
13: Financial Wrong-Doing and Private International Law, Zachary Douglas & Andrew Bodnar
14: Money Had and Received, Zachary Douglas & Andrew Bodnar
15: Knowing Receipt, Zachary Douglas & Andrew Bodnar
16: Dishonest Assistance, Zachary Douglas & Andrew Bodnar
17: Deceit, Zachary Douglas & Andrew Bodnar
18: Conspiracy, Zachary Douglas & Andrew Bodnar

VI Providing and Obtaining Assistance
A.Providing Assistance
19: Investigations and Remedies under POCA 2002, Jonathan Peddie
20: Anti-Terrorism Legislation, Jonathan Peddie
B. Obtaining Assistance
21: Judicial Cooperation Including Obtaining Evidence, Jonathan Peddie

VII United States-United Kingdom Issues
22: Cooperation between the United States and the United Kingdom in the Prevention and Prosecution of Financial Crime, D. Zachary Hudson
23: Extraterritorial Application of U.S. Law, Viet D. Dinh & Megan M. Wold

VIII Conclusion: Virtual Money
24: The Future of Financial Crime: Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions, Kay Firth-Butterfield, Richard Brent, & Tom Grant