New Principles of Counteracting Cyberlaundering under the Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing

2021 ◽  
Vol 13 (1) ◽  
pp. 255-266
Author(s):  
Wiesław Jasiński
Keyword(s):  
Risk Assessment ◽  
Law Enforcement ◽  
Money Laundering ◽  
Specific Area ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
Number Of Solutions ◽  
Terrorist Financing ◽  
Detection Process

Cyberlaundering is a money-laundering mechanism that has been developing since the beginning of this century. Only recently, however, have the detailed rules for preventing this phenomenon been introduced. The Act of 1 March 2018 on Counteracting Money Laundering and Terrorist Financing introduced a number of solutions defining the identification and verification obligations for transactions in cyberspace. Following these changes, it will be necessary to develop the best methods of cooperation between all actors of the cyberlaundering system: obligated institutions, cooperating units and law enforcement agencies. The author draws attention to the national cyberlaundering risk assessment, prepared with the participation of obliged institutions, cooperating units and law enforcement bodies. Its use will affect the collection and sharing of more information useful in the detection process and the timing of detection activities. A specific area of national risk assessment will be cybercrime. The author believes that the detection of crimes in cyberspace should be included in a new legal framework, which would allow the specificity of the digital area to be directly taken into account, without having to resort to often difficult and practically always ambiguous legal interpretations in this regard.

scholarly journals The Effectiveness of Maldives’ Financial Intelligence Unit in Combating Money Laundering

2021 ◽  
Vol 16 (3) ◽  
pp. 409-435
Author(s):  
Ahmed Jaleel ◽  
◽  
Sharifah Nazatul Faiza Syed Mustapha Nazri ◽  
Salwa Zolkaflil ◽  
Normah Omar ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Legal Framework ◽  
Vital Role ◽  
Future Research ◽  
Law Enforcement Agencies ◽  
The Government ◽  
Reporting Mechanism ◽  
Financial Intelligence

Money laundering has become a vast global concern, and the rates are growing. Hence, there is a need for a good preventive and monitoring mechanism that monitors suspicious transactions at the source. In Maldives, a Financial Intelligence Unit (FIU) was introduced to gather, analyse, and provide financial intelligence report to law enforcement agencies to proceed with an investigation. The FIU plays a vital role in the Anti-Money Laundering (AML) Regime in successfully combat money laundering activities. Since the AML Regime in Maldives was established in 2014, there is a need to conduct a study to investigate the effectiveness of the FIU in combating money laundering in the Maldives. Based on questionnaires collected from 122 enforcement officers, findings show that reporting mechanisms significantly influence the effectiveness of the FIU. The legal framework and the role of the officer did not significantly influence the effectiveness of FIU. It shows that the competency of LEAs in combating money laundering in the Maldives is still low. Therefore, the government needs to enhance the awareness and competencies of enforcement officers in combating money laundering. Future research may conduct a comparative study to understand further the best reporting mechanism that can help enhance the effectiveness of law enforcement agencies. Keywords: financial intelligence unit, money laundering, reporting mechanism

scholarly journals The Legal Status of Auditors and Audit Organizations in the AML / CFT system

2018 ◽  
Vol 3 (2) ◽  
pp. 512
Author(s):  
Morozov N.V. ◽  
Gubina A.M. ◽  
Kotelyanets O.S.
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Legal Status ◽  
The State ◽  
Law Enforcement Agencies ◽  
Terrorist Financing ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Changes ◽  
The Relationship

Money laundering has become an increasing concern to law makers in recent years, principally because of its association with terrorism. Recent legislative changes mean that auditors may become state law enforcement agencies in the private sector. We examine this legislation in terms of the changing nature of the relationship between auditors and the state and the aggregate of supervision within which it is located. According to the Resolution of the Government of the Russian Federation of February 16, 2005 No. 82 [2], all lawyers, notaries and auditors are obliged to inform the state of any suspicious transactions of their clients. Keywords: money laundering, terrorist financing, auditors, audit organizations.

Money laundering through raw diamonds

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Fabian Maximilian Johannes Teichmann ◽  
Marie-Christin Falker
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Qualitative Content Analysis ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Compliance Officers ◽  
German Speaking ◽  
Three Stages ◽  
Practical Implications ◽  
Combat Money Laundering

Purpose This paper aims to illustrate how illegally obtained funds are laundered through raw diamonds in Austria, Germany, Liechtenstein and Switzerland. Design/methodology/approach To identify specific money laundering techniques involving raw diamonds, this study used a qualitative content analysis of data collected from 60 semi-standardized interviews with both criminals and prevention experts and a quantitative survey of 200 compliance officers. Findings Raw diamonds are extraordinarily suitable for money laundering in European German-speaking countries. In particular, they may be used in all three stages of the laundering process, namely, placement, layering and integration. Research limitations/implications Because the qualitative findings are based on semi-standardized interviews, their insights are limited to the perspectives of the 60 interviewees. Practical implications Identifying gaps in existing anti-money laundering mechanisms should provide compliance officers, law enforcement agencies and legislators with valuable insights into how criminals operate. Originality/value While prior studies focus on the methods used by organizations to combat money laundering and how to improve anti-money laundering measures, this paper investigates how money launderers operate to avoid detection, thereby illustrating authentic experiences. Its findings provide valuable insights into the minds of money launderers and combines criminal perspective with that of prevention experts.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

scholarly journals Burden of Proof Reversal in Criminal Acts of Money Laundering

2019 ◽  
pp. 98-104
Author(s):  
Muhammad Khusnul Fauzi Zainal ◽  
Syukri Akub ◽  
Andi Muhammad Sofyan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Burden Of Proof ◽  
Public Prosecutor ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Community Law ◽  
Legal Structure ◽  
Criminal Offenses

This study aims to analyze the burden of proof reversal system in handling cases of money laundering. This type of research is normative juridical legal research. The results of this study indicate that in the reversal system of the burden of proof of criminal acts of money laundering, each party has a burden of proof, the public prosecutor is burdened to prove that these assets are the property of the defendant and has a relationship with the original criminal act charged, while the defendant burdened to prove the origin of the assets claimed and if the defendant is unable to prove the origin of the assets, the assets can be strongly suspected to originate from criminal offenses. There are still obstacles in law enforcement both from the substance of the law (norms), legal structure (law enforcement agencies) and the culture of law (the culture of community law).

scholarly journals Anti-money laundering and counter-terrorist financing threats posed by mobile money

2019 ◽  
Vol 22 (1) ◽  
pp. 158-172 ◽  
Author(s):  
James Whisker ◽  
Mark Eshwar Lokanan
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Design Methodology ◽  
Global Awareness ◽  
Content Type ◽  
Mobile Money ◽  
Terrorist Financing ◽  
Factors Associated ◽  
Three Stages ◽  
Practical Implications

Purpose The purpose of this paper is to explore the various characteristics of mobile money transactions and the threats they present to anti-money laundering (AML) and counter terrorist financing regimes. Design/methodology/approach A thorough literature review was conducted on mobile money transactions and the associated money-laundering and terrorist financing threats. Four key themes were identified in relations to the three stages of money laundering and effective law enforcement. Findings The findings indicate that as money laundering and terrorist financing transactions continue to gravitate towards the weaknesses in the financial system, mobile money provides yet another avenue for criminals to exploit. Risk factors associated with anonymity, elusiveness, rapidity and lack of oversights were all integral considerations in building an effective AML regime. The use of cash is considered a higher threat than mobile money prior to implementation of systems and controls. Practical implications This rapidly changing environment of how individuals manage their money during transactions is set to further explode globally, which poses new problems for regulators and governments alike. Unless there is a unified concentration to heighten global awareness, the imposing threat of mobile money is set to increase at a rapid rate if appropriate actions are not taken. Originality/value The findings from this study can be used to gain greater insights on mobile money transactions and raise further awareness of the ever-increasing threat to global financial integrity.

scholarly journals FORENSIC PROBLEMATIC ASPECTS OF COMBATING CRIMES IN CYBERSPACE

2020 ◽  
pp. 283-290
Author(s):  
M. Dumchykov ◽  
V. Pakhomov ◽  
O. Bondarenko
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
International Organizations ◽  
Modern Society ◽  
Legal Framework ◽  
Point Of View ◽  
Highly Qualified ◽  
Law Enforcement Agencies ◽  
Existing Problems ◽  
Legislative Regulation

The article deals with the main forensic issues in the fight against cybercrime, as a new threat to modern society. The statistics of cybercrime and the relevance of this problem in Ukraine and other countries of the world are given. The problems of applying the concept of computer crime and the need to amend the legal framework, as well as attracting the help of international organizations, companies and specialists in the field of information technology is examined. It analyzes the rapid increase in cybercrime in modern conditions. The interpretation of concepts related to crimes in cyberspace, both in national and international legislation, is considered. When considering the problem of combating cybercrime, the works of such scientists as L.P. Zverianskaia, M.A. Vinokurova, A.P. Kireenko, S.V. Chuprova. The main problems that arise in the study of such crimes are identified: – the lack of an agreed theoretical base, and as a result, legislative regulation suffers; – lack of specialists in the field of information technology in law enforcement agencies; Криміналістика і судова експертиза. Випуск 65 290 The issues of prevention and combating cybercrime, and the solution of these problems are investigated. The main measures to combat and minimize existing problems, namely: – technical and theoretical improvement: the need to justify a single concept of cyberspace in all national legislation, from the point of view of forensics, which will allow a new legislative regulation of this area; – new approaches based on a wider use of the achievements of scientific and technological progress that will help to successfully identify and investigate such crimes; – the need to provide law enforcement with highly qualified specialists in the field of information technology; – attracting international support in the form of international organizations, companies and specialists.

scholarly journals The genesis of the use of service animals and special equipment in the conduct of operational investigative activities

2020 ◽  
Vol 2 (2) ◽  
pp. 202-210
Author(s):  
Sergii Penkov
Keyword(s):  
Law Enforcement ◽  
Technological Progress ◽  
Criminal Group ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
Special Equipment ◽  
Technical Department ◽  
State Tax ◽  
Ancient Times ◽  
The One

The article deals with research of development of means of operational-search activities (OSA) from ancient times to the present. The stages of the development of OSA tools, including service animals and special equipment, their dependence on scientific and technological progress and the role in combating crime have been considered. The author has concluded that the genesis of the use of service animals suggests that: 1) for many years (from the second century BC) in the law enforcement system used different species of animals, including geese, horses, rats, dogs, etc .; 2) the process of formation of the use of dogs in law enforcement went from the use of the latter in hunting and military affairs to the gradual occupation of a separate link in the structure of law enforcement, in particular dogs began to be used on a professional basis to search for odors, data transmission , protection of objects and people, detention of offenders, etc .; 3) analysis of the practice of using animals allows us to state that the largest and oldest role in law enforcement was played by dogs. From its immergence to the present day, the means of operational and investigative activities are in a state of constant development and improvement. Scientific and technological progress has turned covert means of obtaining information into one of the most effective tools for combating crime. For example, the capabilities of the operational and technical department of the Main Department of the State Tax Service in Dnipropetrovsk region will allow to simultaneously control a significant number of telephone lines, which allows you to effectively confront a permanent organized criminal group, especially at the stage of prepa-ration for crime. The use of such powerful tools on the one hand allows to obtain a huge array of information about the phenomena and processes occurring in the criminal environment, and therefore requires a significant number of experienced professionals to process it and extract information relevant to combating crime. On the other hand, along with information on training and enforcement, law enforcement agencies inevitably receive information on the honor and dignity of citizens that is irrelevant to pre-trial investigations, posing a real threat of abuse. Thus, the requirements for the impartiality of law enforcement officers increase, and the legislator is faced with the task of significantly improving the existing legal framework regulating opera-tional and investigative activities.

scholarly journals Regulatory support and legal grounds for the coercion by the law enforcement agencies of Ukraine

2021 ◽  
Vol 2 (2) ◽  
pp. 84-91
Author(s):  
Yuriy Paida
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Legal Framework ◽  
Diplomatic Relations ◽  
Law Enforcement Agencies ◽  
Coercive Measures ◽  
Special Means ◽  
Principle Of Proportionality ◽  
Definition Of ◽  
Legal Grounds

The issue of coercion by law enforcement agencies significantly affects the rights and interests of an individual as a person, despite the fact that this person is most often the offender. At the same time, both international law and the national law of any state recognize the possibility of applying coercive measures to ensure order and security. Thus, the principle of proportionality requires the legal definition of the authority powers to interfere in the rights, freedoms and interests of the objects of influence and the proportionate exercise of these powers depending on the specific circumstances of the case, which would ensure the necessary balance between government, community, legal entities and individual citizens. The article analyzes the national legislation that is directly related to the legal framework and legal grounds for the use of coercion by law enforcement agencies of Ukraine. It also covers international legal acts ratified in the prescribed order, and international documents on diplomatic relations and immunities of diplomatic agents with regard to respect for human rights in the use of coercion by the relevant authorities: whether physical influence (force), or special means, or, moreover, firearms, which is most often related to the harming a citizen. Special attention is paid to the peculiarities of departmental regulation of this issue. It is noted that the legal grounds for the application of coercive measures regulated at the level of laws are not a departmental prerogative power of any ministry or other executive body. In addition to the above, it is emphasized that law enforcement officers must take into account the norms and principles of professional conduct in the performance of law enforcement functions in their activities. Thus, the legal grounds for the use of coercion by law enforcement agencies are widespread in regulations of various legal force. At the same time, the grounds and conditions for the application of coercive measures are regulated only by acts issued by the Verkhovna Rada of Ukraine, namely, by laws

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