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.
Rezensionen / Stimmen
This work is a collecion of essays...from nine distinguished authors who, drawn from the commercial and public law Bar and the banking industry, share several lifetimes' worth of practical experience and insight into this ever more complex, multi-layered and fast-moving area of law. It is welcome for that reason alone Professor Joanna Gray, Journal of Business Law The book succeeds as a comprehensive and sometimes thought-provoking guide to a difficult and multi-faceted topic. Professor Joanna Gray, Journal of Business Law This book is easily one of the most useful additions to the emerging literature on tainted money. The Commonwealth Lawyer A thorough and well-researched resource for law libraries with collections on international banking, particularly those that deal with the UK or other European nations. Jim Kelly, Access Services Research Librarian, Vanderbilt University, Nashville, TN
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 254 mm
Breite: 179 mm
Dicke: 34 mm
Gewicht
ISBN-13
978-0-19-929172-4 (9780199291724)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Richard Brent is a barrister at 3 Verulam Buildings specialising in commercial law, in particular banking and insurance law and their international and community law aspects. He is a former Fellow of St John's College, Cambridge and a F.R.Hist.S.
PART I: INTRODUCTION: BANKS AND MONEY LAUNDERING ; 1. 1. Introduction: Banks and Money Laundering ; PART II: THE INTERNATIONAL LAW OF TAINTED MONEY ; 2. General Introduction: some problems relating to the role of international law ; 3. International Legal Sources I - the United Nations Conventions ; 4. International Legal Sources II - the UN Security Council Resolutions ; 5. International Legal Sources III - Sources of "soft law" ; 6. International Legal Sources IV: The European Union and the Council of Europe ; PART III: PUBLIC OBLIGATIONS AND REGULATORY RESPONSIBILITIES ; A. Offences ; 7. Money Laundering Offences under POCA ; 8. The Terrorism Acts and Conspiracy ; B. Sanctions and Regulatory Responsibilities ; 9. UK Sanctions Regimes ; 10. Regulatory Responsibilities ; PART IV: PROFESSIONS AND FINANCIAL CRIME ; 11. The professions and financial crime ; PART V: THE PRIVATE LAW OF FINANCIAL CRIME ; 12. Claims arising under UK private law ; PART VI: FINANCIAL CRIME AND PRIVATE INTERNATIONAL LAW ; 13. Introduction ; 14. Money had and received ; 15. Knowing receipt ; 16 Dis16 Dishonest Assistance ; 17. Deceit ; 18. Conspiracy ; PART VII: PROVIDING AND OBTAINING ASSISTANCE ; A. Providing Assistance ; 19. Providing Assistance: Proceeds of Crime Act 2002: Investigations and Remedies ; 20. The Anti-Terrorist Regimes and FSMA ; B. Obtaining Assistance ; 21. Judicial co-operation including obtaining evidence ; PART VIII: THE FUTURE OF INTERNATIONAL LAW OF TAINTED MONEY: PROBLEMS OF IMPLEMENTATION AND EFFECTIVENESS ; 22. The future of the international law of tainted money
