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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

Edited by: William Blair, Richard Brent

ISBN13: 9780199291724
New Edition ISBN: 9780198716587
Published: March 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £222.50

Despatched in 3 to 5 days.

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.

Criminal Law, Banking and Finance, Money Laundering
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