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9780199291724

Banks and Financial Crime The Law of Tainted Money

by ;
  • ISBN13:

    9780199291724

  • ISBN10:

    0199291721

  • Format: Hardcover
  • Copyright: 2008-06-02
  • Publisher: Oxford University Press
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List Price: $335.99

Summary

Financial crime is an important and topical area. Concerns over money laundering have grown considerably since links with terrorist organizations have become more apparent in recent years. This new book to provides 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.

Author Biography


William Blair is a leading QC specialising in the law of domestic and international banking and finance, including financial fraud and conflicts of law. He is a visiting Professor of Law at the London School of Economics. 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.

Table of Contents

Financial Crime: What it is and how it happens
Background: how it happens: money laundering typologies
Recognising suspicious transactions in the banking context
Recognising suspicious employees in the banking context
The international law of tainted money
Is there an international law of tainted money?
International legal sources and their domestic law significance
Public Obligations and Regulatory Responsibilities
Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2003
Terrorism Act 2000 (as amended by the Anti-Terrorism, Crime and Security Act 2002)
The Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2003
UK Statutory Instruments under the United Nations Act 1946
EC Regulations implementing UN sanctions
Measures adopted under the Anti-Terrorism, Crime and Security Act 2002 to implement EU decisions under Article 34 of the Treaty on European Union
Money Laundering Regulations 2003 (implementing Council Directive 91/308; European Parliament and Council Directive 2001/97)
Financial Services and Markets Act 2000
FSA Money Laundering Handbook
Joint Money Laundering Steering Group and published guidance
The Professions and Financial Crime
The professions and financial crime
The Private Law of Financial Crime
Claims arising under UK private law
Financial Crime and Cross-Border Issues
Jurisdiction
Applicable law
Providing and Obtaining Assistance
Proceeds of Crime Act 2002: Investigations and Remedies
Terrorism Act 2000
Anti-terrorism, Crime and Security Act 2001
Financial services and Markets Act 2000
Judicial co-operation including obtaining evidence
The Future of the International Law of Tainted Money: Problems of Implementation and Effectiveness
The future of the international law of tainted money
Table of Contents provided by Publisher. All Rights Reserved.

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