Fundamental Principles of EU Law Against Money Laundering

Fundamental Principles of EU Law Against Money Laundering

The contents of this book are divided into eight chapters excluding the introduction. Part I deals with the basic principles of the law and is divided into three chapters (chapters 1–3). Part II deals with the advanced principles of the law and is divided into four chapters (chapters 4–7). With the exception of the introduction and Chapter 8, which contains the conclusions, recommendations and some prognostications, chapters 1 to 7 are identically structured. They contain an introductory section setting out the structural and methodological approaches to the legal issues addressed. At the end of each chapter, a concise recapitulation of the fundamentally important issues discussed is provided in an effort to avoid unnecessary complexity.

Chapter 1 sets out the conceptual scene of money laundering countermeasures and puts to the test the 12 conceptual objectives of anti-money laundering laws through a critical assessment of what European Union Member States can achieve from the reporting system and the exchange of information.

Chapter 2 examines how the criminal enterprise is resisted and disrupted in light of the amalgamation of international and regional anti-money laundering measures under European Union law, and emphasises the concept of internationalism for mutual benefit. The last section focuses on the legally interactive provisions of Directive 2005/60/EC, Regulation 1889/2005 of the European Parliament and of the Council of 26 October 2004 on control of cash entering or leaving the Community, and Regulation 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfer of funds.

Chapter 3 examines in detail the role of anti-money laundering laws dealing with organised crime and corruption by focusing in particular on: the critical function of anti-money laundering in dealing with transnational organised crime especially from the United Nations’ perspective; the role of money laundering in the context of organised crime and corruption; and the role of corruption as the internal enemy of the anti-money laundering system. The fifth and last section closes not only the chapter, but also Part I of the book, and defends the position that the previous trends were drugs, organised crime, terrorism financing and money laundering, but the current trend is corruption.

In Part II, Chapter 4 is concerned with the economics of the anti-money laundering strategy and equates global anti-money laundering policy with the establishment and vertical enforcement of rules of transparency from the international to the national level. The critical analysis is thus devoted to four popular topics: unaccountable wealth; taxation; transparency laws; and the power versus reinvestment issue.

Chapter 5 addresses from the common law perspective three fundamentally important issues concerning the pragmatic maintenance of criminal and subversive assets within the reach of the law: shifting statutory responsibility to financial institutions to disclose offences; anatomising the conspiracy charge to launder criminal proceeds; and reflecting upon the burden of proof mainly in criminal cases.

Chapter 6 thinks in financial intelligence law. Its areas of primary concern are mainly three: setting the scene of Suspicious Activity Reports analysis; setting out the fundamentals of the law of intelligence; and putting to the test all the hypotheses and legal observations by focusing in particular on the case of the Hellenic Financial Intelligence Unit.

Chapter 7 is equally dynamic for it addresses the following two crucial issues with a particular focus on the UK: the impact of the retention and movement of personal data on the rights of unconvicted persons; and the main effects of financial regulation on businesses. The legal arguments on the incompatibility with the ECHR are based on research findings deriving mainly from jurisprudence and authority, whereas the effects of financial regulation on businesses are presented on the notional platform that concerns the way that people structure and conduct business at the present time.

The final chapter in this book, Chapter 8, provides a synoptic assessment and modestly offers to the readers four key prognostications that look into the future of financial regulation in regard to: the security state; whether the European Union’s anti-money laundering regime will become more restrictive and punitive in the future; the rise of the global transparency regime in the immediate future; and the legal changes that technological advancements can bring in the field of DNA analysis in the next decade or so.


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