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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Fundamental Principles of EU Law Against Money Laundering

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ISBN13: 9781472431882
Published: January 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £83.99

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This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global Anti Money Laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike.

The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities.

This critical analysis is essential reading for law students and the Judicial Body, as well as Financial Crime Investigators and Regulators.

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EU Law, Money Laundering
Introduction: the guide to understanding AML law.

Part I Basic Principles: The rationale of money laundering controls
How the criminal enterprise is resisted and disrupted
Transnational organized crime and corruption.

Part II Advanced Principles: Restructuring unaccountable wealth and the tax issue
Disclosure of offences, the anatomy of the conspiracy charge, and the burden of proof
Financial intelligence
The impact of the retention of personal data on the rights of unconvicted persons and the effects of financial regulation on businesses