Configuring criminal proceeds in money laundering cases in the UK

2014 ◽  
Vol 17 (4) ◽  
pp. 374-384 ◽  
Author(s):  
Zaiton Hamin ◽  
Wan Rosalili Wan Rosli ◽  
Normah Omar ◽  
Awang Armadajaya Pengiran Awang Mahmud
Keyword(s):  
Money Laundering ◽  
Primary Source ◽  
Secondary Data ◽  
Case Law ◽  
Legal Analysis ◽  
Content Type ◽  
Secondary Sources ◽  
Online Databases ◽  
The Uk ◽  
Source Of Information

Purpose – The purpose of this paper is to examine the way in which the courts in the UK have interpreted the meaning of criminal property in the principal money laundering offenses under the Proceeds of Crime Act 2002 (POCA). Design/methodology/approach – This paper employs a doctrinal legal analysis and secondary data, which analyze the primary source, which is POCA itself, and secondary sources including case law, articles in academic journals, books and online databases. Findings – The authors contend that the courts in the UK have been dynamically interpreting the ambit of money laundering offenses in POCA and that despite such judicial activism in the construction of criminal property, it has provided a much needed certainty to the law. Originality/value – This paper could be a useful source of information for the practitioners, academicians, policymakers and students in this particular area of crime.

Recent changes to the AML/CFT law in Malaysia

2017 ◽  
Vol 20 (1) ◽  
pp. 5-14
Author(s):  
Zaiton Hamin
Keyword(s):  
Money Laundering ◽  
Task Force ◽  
Primary Source ◽  
Secondary Data ◽  
International Standards ◽  
Content Type ◽  
Secondary Sources ◽  
Online Databases ◽  
Terrorism Financing ◽  
The Uk

Purpose The aim of this paper is to examine some of the recent changes to the old anti-money laundering and anti-terrorism financing law, which is now known as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. The paper will highlight the newly consolidated money laundering offences and the newly created offences including structuring of transactions or “smurfing”. Also, the transgression of cross-border movement of cash and negotiable instruments and tipping off about a money laundering disclosure will be assessed. Design/methodology/approach The paper uses a doctrinal legal research and secondary data, with the new AML/CFT legislation as the primary source. For comparative analysis, legislations in the UK, Australia and New Zealand are also examined. Secondary sources include case law, articles in academic journals, books and online databases. Findings The review of the AML/CFT law is timely and indicates the Malaysian government’s efforts to adhere to international standards set by the financial action task force. However, it is imperative that the Malaysian government addresses the remaining instrumental and normative deficiencies in the AML/CFT law to ensure that the recent legal changes are sufficiently comprehensive to prevent and regulate money laundering and terrorist financing within Malaysia. Originality/value This paper is a useful source of information for legal practitioners, academicians, law enforcement, policymakers, legislators, researchers and students.

Implications of forfeiting property in money laundering cases in Malaysia

2017 ◽  
Vol 20 (4) ◽  
pp. 334-344
Author(s):  
Zaiton Hamin ◽  
Normah Omar ◽  
Muhammad Muaz Abdul Hakim
Keyword(s):  
Private Property ◽  
Secondary Data ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Secondary Sources ◽  
Online Databases ◽  
Broad Concept ◽  
Bona Fide ◽  
The Uk

Purpose The purpose of this paper is to examine the broad concept of forfeiture, its legal positions in the UK and Malaysia, and to highlight the implications of such forfeiture systems and legislations. Design/methodology/approach This paper uses a doctrinal legal analysis and secondary data, which analyses primary sources, the POCA (2002) and the AMLATFA 2001, and secondary sources including case law, articles in academic journals, books and online databases. Findings The authors contend that the civil forfeiture system and law have far-reaching implications, affecting not only law enforcement agencies, but also on property owners, the courts and bona fide third parties. Also, civil forfeiture law as contained in AMLATFA 2001 represents one of the most serious encroachments on private property rights. Not only that, such a legal rule has made property, and not the owner, guilty until proven innocent. Originality/value This paper could be a useful source of information for practitioners, academicians and students. It could also be a beneficial guide for policymakers for any possible future amendments to the law.

Airing Dirty Laundry: Reforming the Anti-Money Laundering and Anti-Terrorism Financing Regime in Malaysia

Global Jurist ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Zaiton Hamin ◽  
Normah Omar ◽  
Wan Rosalili Wan Rosli
Keyword(s):  
Money Laundering ◽  
Task Force ◽  
Primary Source ◽  
Secondary Data ◽  
Secondary Sources ◽  
National Boundary ◽  
Online Databases ◽  
International Policies ◽  
Terrorism Financing ◽  
Financial Action Task

AbstractDealing with money laundering has been one of the toughest struggles nations around the world, including Malaysia, have had to face. Prevalent international concerns over such crime have led to the establishment of international policies and standards by the Financial Action Task Force (FATF), which aimed at preventing and ultimately criminalising such crime within the national boundary. In accordance with such policies, Malaysia has introduced the Anti-Money Laundering Act in 2001 (AMLA) as a legal modality in governing such crime. It has been amended and renamed the AMLATFA in 2003 to include terrorism financing. Again, recently in late 2013, AMLATFA has been amended to keep up with changing standards and times. Within this legal landscape, this paper will highlight the instrumental and normative problems surrounding the said legislation. The authors contend that despite the adherence to global governance standards, legal deficiencies in the AML/ATF law in Malaysia remained, which merits urgent attention and action from the relevant authorities. This paper employs a doctrinal legal research and secondary data of which the AMLATFA is the primary source. The secondary sources for this article include decided cases, articles in academic journals, books and online databases.

Conceptualizing terrorist financing in the age of uncertainty

2016 ◽  
Vol 19 (4) ◽  
pp. 397-406
Author(s):  
Zaiton Hamin ◽  
Rohana Othman ◽  
Normah Omar ◽  
Hayyum Suleikha Selamat
Keyword(s):  
Money Laundering ◽  
Task Force ◽  
Secondary Data ◽  
Penal Code ◽  
Primary Sources ◽  
Content Type ◽  
Secondary Sources ◽  
Online Databases ◽  
International Policies ◽  
Terrorism Financing

Purpose The purpose of this paper is to conceptualize the concept of terrorism, terrorism financing, the relationship between money laundering and terrorism financing and the governance of terrorism financing. Design/methodology/approach This paper adopts a doctrinal, content analysis and secondary data, of which the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 and the Penal Code are the primary sources. The secondary sources for this paper include articles in academic journals, books and online databases. Findings Several methods are involved in the commission of terrorism financing such as raising, moving and using of funds. The activities relating to terrorism financing under the Penal Code are broader than such activities. Despite the adherence by Malaysia to international policies established by the Financial Action Task Force, terrorism financing has remained a threat that must be addressed by the relevant authorities. Practical implications This paper could be a useful source of information for the practitioners, academicians, policymakers and students studying this particular area of crime. Originality/value This paper contributes to a discourse on terrorism financing in the Malaysian context.

scholarly journals The tangled web of mobile telecommunication mergers: Hutchison Whampoa, Telefónica and BT

Info ◽  
2016 ◽  
Vol 18 (2) ◽  
pp. 17-37 ◽  
Author(s):  
Peter Curwen ◽  
Jason Whalley
Keyword(s):  
Secondary Data ◽  
Mobile Telecommunication ◽  
Mobile Telecommunications ◽  
Content Type ◽  
The Public ◽  
Secondary Sources ◽  
Corporate Strategies ◽  
Telecommunication Companies ◽  
Telecommunications Market ◽  
The Uk

Purpose – This paper aims to demonstrate how consolidation within Europe’s mobile telecommunication markets requires willing buyers and sellers. Design/methodology/approach – After highlighting the resurgence in merger and acquisition (M & A) activity in mobile telecommunications, the paper draws on a variety of secondary sources to analyse the strategies of three companies. Findings – The paper highlights the interwoven nature of the strategies of three companies: BT, Hutchison Whampoa and Telefónica. BT has returned to the mobile telecommunications market in the UK, with the company it did not acquire being purchased by Hutchison. As Hutchison implements a “double or quits” strategy in Europe, it has acquired operations from Telefónica, which, in turn, has exited most of its non-Spanish European operations to focus on Latin America. Research limitations/implications – The paper relies on secondary data and thus highlights the challenges of doing so and the need for more information regarding M & As to be in the public domain. Practical implications – There is a need to adopt a sector-wide or regional approach for analysing the strategies of telecommunication companies. Originality/value – The paper uniquely provides an overview of three corporate strategies to show how they interact with one another.

Recent development of anti-money laundering law in Jordan

2016 ◽  
Vol 19 (4) ◽  
pp. 316-328
Author(s):  
Ahmad Mohammad Abdalla Abu Olaim ◽  
Aspalella A. Rahman
Keyword(s):  
Money Laundering ◽  
Technical Assistance ◽  
New Technologies ◽  
Primary Source ◽  
Policy Makers ◽  
Content Type ◽  
Official Gazette ◽  
Before And After ◽  
International Conventions ◽  
Source Of Information

Purpose We are living in a time when there is a stronger requirement for co-operation to fight organized crimes and the resulting flow of illicit funds. This is due to the globalization and interconnection between world economies and financial systems, as well as with the new technologies that allow rapid movement of funds around the globe. From the early beginning, Jordan realized the importance of providing anti-money laundering technical assistance, especially at the international level. The reason for this comes from Jordan’s strong belief that money laundering crimes can be fought domestically as well as internationally, particularly by combining efforts between Jordan and other countries. The purpose of this paper is to examine the development that Jordan has witnessed in the fighting of money laundering. Design/methodology/approach This paper relies on various laws that tackle organized anti-money laundering in Jordan before 2007, with the Jordanian Anti-Money Laundering and Counter Terrorist Financing Law for 2007 as the primary source of information. Findings Before 2007, Jordan fought money laundering through a group of laws that are indirectly concerned with combating money laundering. While these laws govern certain crimes, they managed to fight money laundering indirectly. By the year 2007, the Jordanian Anti-Money Laundering Law was passed and published on the official gazette on June 17, 2007. This law became effective after 30 days from that date. The Jordanian Anti-Money Laundering Law is one of the needed laws to keep a safe financial environment. Jordan’s obligation in accordance to the international conventions has made the country join and ratify the efforts, resulting in the issuing of the law. Since then, this law has become concerned with anti-money laundering in Jordan. Originality/value This paper provides an examination of the system in Jordan to combat money laundering before and after 2007. It is hoped that the content of this paper can provide some insight into this particular area for practitioners, academics, policy makers and legal advisers, not only in Jordan but also elsewhere. There will be significant interest in how Jordan has been developing the anti-money laundering system because of the international nature of the crime and its seriousness.

When Women are the Criminals: Governing Violent Extremism in Malaysia via ‘Hard’ and ‘Soft’ Modalities

2019 ◽  
Vol 7 (1) ◽  
pp. 48-53
Author(s):  
Zaiton Hamin ◽  
Saslina Kamaruddin
Keyword(s):  
Secondary Data ◽  
Jel Classification ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
Policy Makers ◽  
Secondary Sources ◽  
Online Databases ◽  
Violent Extremism ◽  
Women's Role ◽  
Law Reports

Objective - This paper seeks to examine the multiple roles of women in preventing and countering violent extremism (PVE/CVE) efforts and the existing legal ('hard') and non-legal ('soft') modalities governing such criminality. Methodology/Technique - This paper adopts a library-based research methodology through not only the conceptual analysis but also content analysis and doctrinal legal analysis. The secondary data consists of the primary sources, which includes the terrorism-related laws and the Penal Code. The secondary sources include books, law reports, journals, and online databases. Findings - The authors contend that despite the significance of women's role in preventing and countering violent extremism, the gender perspective is glaringly absent in the current Malaysian PVE/CVE initiatives. Novelty - There is a dearth of research on the involvement of women in violent extremism in Malaysia, and their role in PVE/CVE. This paper is very useful in contributing to the existing literature on the role of women in PVE/CVE efforts and beneficial for policy-makers and law enforcement agencies in curbing such criminality. Type of Paper - Review. Keywords: Violent Extremism; Terrorism; Women; Law; Countering Violent Extremism; Preventing Violent Extremism. JEL Classification: K10, K14, K19.

Balancing anti-money laundering measures and financial inclusion

2020 ◽  
Vol 23 (1) ◽  
pp. 64-76
Author(s):  
Ehi Eric Esoimeme
Keyword(s):  
Central Bank ◽  
Money Laundering ◽  
Financial Institutions ◽  
Financial System ◽  
Secondary Data ◽  
Financial Inclusion ◽  
Content Type ◽  
Financing Of Terrorism ◽  
The Uk ◽  
Fair Balance

Purpose The purpose of this paper is to critically examine the anti-money laundering measures of the UK and Nigeria, to determine what the best approach is. The best approach is likely the one that strikes a fair balance between protecting the financial system against money laundering and promoting financial inclusion. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper critically analysed the anti-money laundering measures of the UK and Nigeria to determine that the anti-money laundering measures of Nigeria does not strike a fair balance between protecting the financial system against money laundering and promoting financial inclusion because it does not expressly provide for verification of a customer’s identity at the account opening stage for low risk accounts. The paper, however, determined that the anti-money laundering measures of the UK does strike a fair balance between protecting the financial system against money laundering and promoting financial inclusion because it requires customer identification and verification before the establishment of a business relationship for customers who want to open a basic bank account. Research limitations/implications This paper focuses on the anti-money laundering and financial inclusion measures in the UK’s Payment Accounts Regulations 2015 and the Central Bank of Nigeria’s (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and Other Financial Institutions in Nigeria) Regulations, 2013. Originality/value This paper offers a critical analysis of the anti-money laundering and financial inclusion measures of the UK and Nigeria as provided in the UK’s Payment Accounts Regulations 2015 and the Central Bank of Nigeria’s (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and Other Financial Institutions in Nigeria) Regulations, 2013. The paper will provide recommendations on how the measures could be strengthened. This is the only article to adopt this kind of approach.

Spit guards, ethical policing and the need for an evidence-based approach

2018 ◽  
Vol 17 (3) ◽  
pp. 145-155 ◽  
Author(s):  
Peter Joyce ◽  
Wendy Laverick
Keyword(s):  
Police Officers ◽  
Grey Literature ◽  
Primary Source ◽  
Evidence Base ◽  
Evidence Based ◽  
Content Type ◽  
Secondary Sources ◽  
Advantages And Disadvantages ◽  
Wide Range ◽  
The Uk

Purpose The purpose of this paper is to assess the advantages and disadvantages of the use of spit guards by police forces in the UK and to make recommendations regarding an evidence-based approach to decisions related to the use of such equipment. Design/methodology/approach The paper is based upon an examination of a range of primary source material, secondary sources and grey literature. Findings Although the use of spit guards can be justified by factors that include the need to protect police officers from contracting serious infectious diseases, there are a number of problems that concern ethical policing and human rights. Concerns arise when spit guards are deployed against vulnerable individuals, are used offensively rather than defensively and when such equipment is deployed disproportionately against persons from Black and Minority Ethnic (BME) communities. Additionally, the image of the police may suffer if spit guards are accompanied by the use of excessive force which may be perceived as an abuse of police power. Practical implications The paper makes recommendations that a comprehensive evidence base is required to assist practitioners to make informed decisions regarding the deployment of spit guards. This evidence base should include the extent to which officers are spat at, medical evidence relating to spitting and the transmission of serious diseases, the views of the public concerning the deployment of spit guards and estimations as to whether such equipment will deter spitting by suspects of crime. Originality/value This paper provides an original academic contribution to the ongoing debate on the use of spit guards within policing. In particular, it brings together a wide range of material that relates to this topic and presents it as a coherent set of arguments located in a single source.

Customer due diligence (CDD) mandate and the propensity of its application as a global AML paradigm

2014 ◽  
Vol 17 (1) ◽  
pp. 76-95 ◽  
Author(s):  
Norman Mugarura
Keyword(s):  
Money Laundering ◽  
Web Sites ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Content Type ◽  
Regulatory Domains ◽  
The Usa ◽  
Secondary Data Sources ◽  
The Uk

Purpose – It has become customary for states or regulatory domains to come together and evolve normative regimes to deal with overlapping exigencies such as money laundering. Over the past two decades, there has been a proliferation of global AML laws designed to foster international cooperation against money laundering and its predicate crimes. In this same vein, some states have adopted domestic AML laws designed with an ethos of extra-territorial dimension as a caution against the threats posed by money laundering crimes. The paper aims to critically examine CDD to tease out the possibility of harnessing it as a global AML paradigm. Design/methodology/approach – The paper was written by critically examining primary and secondary data sources. In terms of primary data, the author has studied the relevant provision of different AML legislation such as BSA (1970), MLCA (1986), and PATRIOT (2001) Act in the USA; and FSMA (2000) and POCA (2002) in the UK. The author then evaluated these data in the context of the challenges of harnessing CDD across countries. In terms of secondary data sources, the author utilised data in academic text books, journal papers, electronic sources (web sites of AML agencies), and policy and research papers from specialist institutions such as FATF. Findings – The findings corroborate the thesis that much as CDD is an important AML measure, it needs to be streamlined and implemented with care to apply across the board. Research limitations/implications – The paper was written largely by way of library-based research. The author did not carry out interviews to corroborate some of the secondary data sources used in writing it. Carrying out interviews would have helped to minimise the potential for bias secondary data sources used was generated. Practical implications – It is anticipated that this paper can be utilised to foster desired strategic and policy changes at a multiple institutional levels. Originality/value – The paper is one of its kind to be written in its context. It will therefore make a viable contribution to the study of money counter-measures and how they are harnessed globally. It is therefore a must read!

Sign in / Sign up

Export Citation Format

Share Document