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Money Laundering Law and Regulation: A Practical Guide [Pehme köide]

(Barrister, 3 Raymond Buildings), (Partner, BCL Burton Copeland), (Barrister, 3 Raymond Buildings), (Partner, BCL Burton Copeland)
  • Formaat: Paperback / softback, 514 pages, kõrgus x laius x paksus: 244x174x30 mm, kaal: 898 g
  • Ilmumisaeg: 03-Mar-2011
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199543038
  • ISBN-13: 9780199543038
  • Formaat: Paperback / softback, 514 pages, kõrgus x laius x paksus: 244x174x30 mm, kaal: 898 g
  • Ilmumisaeg: 03-Mar-2011
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199543038
  • ISBN-13: 9780199543038
Money Laundering Law and Regulation offers a practical and comprehensive guide to UK domestic anti-money laundering law and regulation, increasingly seen as key weapons in the fight against serious and organized crime. This new book explains the genesis of the current regime, placing it in its international, European, and domestic context. It sets out fully the current law on money laundering and terrorist financing with an explanation of the key concepts of money laundering law introduced by the Proceeds of Crime Act 2002. The book contains a detailed analysis of the suspicious activity reporting regime, both in relation to money laundering and to terrorist property and financing. The customer due diligence and other requirements placed on those in the regulated sector by the Money Laundering Regulations 2007 are given detailed coverage, as are the provisions for registration, supervision and enforcement contained in the Regulations. The law relating to cash seizure, detention and forfeiture is set out and explained in a chapter that also covers the requirements for cash declaration. The final chapter provides specific guidance to practitioners through a detailed scenario involving parallel civil and criminal proceedings and commentary on how the relevant law is put into practice.

Arvustused

Until you get to chapter 12 this is a good book. Chapter 12 however makes it a fantastic book; it is titled "The Law in Practice", and gives the busy pratitioner clear answers and ideas to work with. * CrimeLine * [ A] comprehensive and logically laid out work of reference written by experts. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers * Overall this is an excellent guide for practitioners, which is both practical and comprehensive. All of those involved in the fight against money laundering, in whatever capacity, should obtain a copy. * Professor Andrew Campbell, Journal of International Banking Law and Regulation *

Table of Cases
xiii
Table of Legislation
xvii
List of Tables
xxv
List of Abbreviations
xxvii
1 The Background to Anti-money Laundering Law and Regulation
A Introduction
1(4)
B Money Laundering Defined
5(3)
C The Process of Money Laundering
8(6)
D The Rise of Global Anti-money Laundering Measures
14(12)
E The Role of the Financial Action Task Force
26(11)
F The Origins of the Money Laundering Offences in International Law
37(12)
G Terrorist Financing
49(6)
H Anti-money Laundering Law and Regulation in the UK
55(29)
I Offences of Money Laundering: the Mental Element
84(15)
J Implementation of the New Money Laundering Law and Regulation
99(45)
K Conclusion
144
2 The Key Concepts in Money Laundering Law
A Introduction
1(1)
B Criminal Property
2(21)
C Criminal Conduct
23(31)
D The Mental Element: Knowledge, Belief, and Suspicion
54
3 Money Laundering Offences under the Proceeds of Crime Act 2002
A Introduction
1(1)
B Overview of Offences
2(3)
C The Concealing etc. Offence (Section 327)
5(38)
D The Arrangements Offence (Section 328)
43(35)
E Acquisition, Use, and Possession Offence (Section 329)
78(26)
F Conspiracy to Money Launder
104(1)
G Sentencing
105
4 The Terrorist Money Laundering and Terrorist Financing Offences
A Introduction
1(4)
B International Legal Provisions
5(2)
C UK Terrorist Money Laundering Provisions under Part III of the Terrorism Act 2000
7(2)
D Key Concepts under the Terrorism Act 2000
9(14)
E Definition of `Terrorist Financing' in Regulation 2 Money Laundering Regulations 2007
23(1)
F Section 15---Raising Funds for the Purposes of Terrorism
24(6)
G Section 16---Use and Possession of Money or other Property for the Purposes of Terrorism
30(7)
H Section 17---Funding Arrangements for the Purposes of Terrorism
37(6)
I Section 18---Money Laundering by Concealing, Removing from a Jurisdiction, or Transferring Terrorist Property
43(7)
J Section 23---Forfeiture
50(6)
K Section 62---Counter-Terrorism Act 2008
56(1)
L The Al-Qaida and Taliban (United Nations Measures) Order 2006/2952
57(4)
M The Terrorism (United Nations Measures) Order 2009/1747
61(5)
N The Terrorism (United Nations Measures) Order 2006/2657
66(5)
O Section 22---Penalties
71
5 Disclosure and the SARs Regime
A Introduction
1(4)
B Disclosures and `SARs'
5(14)
C The Two Different Disclosure Regimes under POCA: Required and Authorised disclosures
19(8)
D The SARs Regime: Structure and Purpose
27(19)
E The SARs Regime in Practice
46(18)
F The Consent Regime
64(45)
G The Role of the Nominated Officer
109(28)
H Conclusion
137
6 Disclosure and the Disclosure Offences under the Proceeds of Crime Act 2002
A Introduction
1(2)
B Disclosure and Offences of Failure to Disclose
3(100)
C Authorised Disclosures and Appropriate Consent
103(38)
D Ancillary Provisions
141(13)
E Conclusion
154
7 Disclosure and the Disclosure Offences under the Terrorism Act 2000
A Introduction
1(3)
B The Disclosure Provisions: Overview
4(4)
C Required Disclosures: Business Outside the Regulated Sector
8(20)
D Required Disclosures: the Regulated Sector
28(14)
E Other Required Disclosures
42(11)
F Disclosure by Constables
53(1)
G Disclosure and/or Consent as a Defence
54(24)
H Protected Disclosures
78(7)
I Conclusion
85
8 Offences of Unlawful Disclosure
A Introduction
1(3)
B Background
4(7)
C Unlawful Disclosures under the Proceeds of Crime Act 2002
11(49)
D Unlawful Disclosures under the Terrorism Act 2000
60(44)
E Conclusion
104
9 Regulation: The Regulated Sector and its Obligations
A Introduction
1(9)
B The Regulated Sector---`Relevant Persons'
10(25)
C Customer Due Diligence: the Main Provisions
35(43)
D Customer Due Diligence: Simplified Due Diligence, Enhanced Due Diligence, and Enhanced Ongoing Monitoring
78(29)
E Customer Due Diligence: Ancillary Provisions
107(25)
F The Requirements under Part 3 of the Regulations
132(15)
G Conclusion
147
10 Regulation: Supervision, Registration, and Enforcement
A Introduction
1(4)
B Supervision
5(15)
C Registration
20(38)
D Enforcement: Introduction
58(8)
E Enforcement: Investigative Powers
66(36)
F Enforcement: Civil Penalties
102(16)
G Enforcement: Criminal Penalties
118
11 Cash Declaration, Seizure, and Forfeiture
A Cash Declarations
1(5)
B Recovery of Cash in Summary Proceedings
6(67)
C Forfeiture of Terrorist Cash
73
12 The Law in Practice
A Introduction
1(3)
B A Practical Scenario
4(309)
APPENDICES
Appendix 1 Proceeds of Crime Act 2002 (Extracts)
313(29)
Appendix 2 Terrorism Act 2000 (Extracts)
342(16)
Appendix 3 Anti-Terrorism, Crime and Security Act 2001 (Extracts)
358(8)
Appendix 4 Money Laundering Regulations 2007 SI 2007/2157
366(35)
Appendix 5 Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing
401(21)
Appendix 6 FATF 40 Recommendations
422(17)
Appendix 7 FATF IX Special Recommendations
439(17)
Appendix 8 Useful Websites
456(5)
Glossary 461(6)
Index 467
Robin Booth is a partner at BCL Burton Copeland. He specializes in fraud, corruption and money laundering, and advises companies and individuals on corruption and money laundering risk and regulatory compliance. He is a member and former Chair of the Law Society's Money Laundering Task Force, and a former head of the Fraud Division of the Crown Prosecution Service.

Simon Farrell QC is a barrister at 3 Raymond Buildings. He is recognized as an expert in commercial and tax fraud, confiscation and money laundering cases. He sits as a Recorder in the Crown Court.

Guy Bastable is a partner at BCL Burton Copeland specializing in business crime and regulatory enforcement, including financial regulation, anti-money laundering compliance, asset recovery, and corporate manslaughter.

Nicholas Yeo is a criminal barrister at 3 Raymond Buildings. He specializes in fraud and the proceeds of crime.