Subjects:

Banking and Finance, Criminal Law

Contents:

Part I: Financial Crime: What it is and how it happens

1. Background: how it happens: money laundering typologies

2. Recognising suspicious transactions in the banking context

3. Recognising suspicious employees in the banking context

Part II: The international law of tainted money

4. Is there an international law of tainted money?

5. International legal sources and their domestic law significance

Part III: Public Obligations and Regulatory Responsibilities

6. Proceeds of Crime Act 2002

7. The Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2003

8. Terrorism Act 2000 (as amended by the Anti-Terrorism, Crime and Security Act 2002)

9. The Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2003

10. UK Statutory Instruments under the United Nations Act 1946

11. EC Regulations implementing UN sanctions

12. Measures adopted under the Anti-Terrorism, Crime and Security Act 2002 to implement EU decisions under Article 34 of the Treaty on European Union

13. Money Laundering Regulations 2003 (implementing Council Directive 91/308

European Parliament and Council Directive 2001/97)

14. Financial Services and Markets Act 2000

15. FSA Money Laundering Handbook

16. Joint Money Laundering Steering Group and published guidance

Part IV: The Professions and Financial Crime

17. The professions and financial crime

>b>Part V: The Private Law of Financial Crime

18. Claims arising under UK private law

Part VI: Financial Crime and Cross-Border Issues

19. Jurisdiction

20. Applicable law

Part VII: Providing and Obtaining Assistance 21. Proceeds of Crime Act 2002: Investigations and Remedies

22. Terrorism Act 2000

23. Anti-terrorism, Crime and Security Act 2001

24. Financial services and Markets Act 2000

25. Judicial co-operation including obtaining evidence

Part VIII: The Future of the International Law of Tainted Money: Problems of Implementation and Effectiveness

26. The future of the international law of tainted money

Financial crime is an important and topical area. Concerns over money laundering have grown considerably since links with terrorist organisations have become more apparent in recent years. This new book sets out to provide banks and legal advisors with a practical and international guide to the issues surrounding banks and financial crime. It looks at the problems banks now face and the legal solutions required to remedy these.

The book starts by looking at what exactly financial crime is and how it happens, moving on to look at the international aspects of the law of tainted money.

The authors then examine aspects such as the regulatory responsibilities and private law duties of banks including their liabilities to third parties and their obligations to assist persons seeking the recovery of assets.

Issues such as substantive private law claims that banks may face are considered, particularly from the perspective of their customers and of victims of financial crime, where a bank has in its possession 'tainted money'. A comparative approach is taken with civil jurisdictions and US law.

The book concludes by considering possible future developments of the international law of tainted money, including coverage of any potential problems that are anticipated and a view on the likely effectiveness of such international law.