This book gives a broad analysis of the legal issues raised by the international fight against money laundering. It offers an extensive comparative research of the criminal and preventive law aspects from an international perspective. Stessens portrays money laundering as a new criminal trend threatening both national and international societies which must be addressed multilaterally through banking practice, international conventions and human rights. Most of this volume is devoted to specific legal problems that spring from the international nature of the money laundering phenomenon. It contains a most detailed overview on the rules and practices of international co-operation in the fight against money laundering. The publication gives a thorough examination of the exchange of information, lifting banking secrecy, and seizing and confiscating assets, as well as the jurisdictional questions that inevitably arise in this context. The result is a rich and detailed study of international and comparative law.
• Comparative analysis of international criminal law from the perspectives of co-operation and jurisdiction • Most detailed overview yet published on the international rules and practices of the fight against money laundering, including how they apply to financial institutions • Brings into focus the human rights implications of the law on money laundering
Preface; Table of treaties and agreements; List of abbreviations; Part I. New Instruments in the Fight against Acquisitive Crime: Confiscation of Proceeds from Crime and Criminalisation of Money Laundering: 1. The background of the fight against money laundering; 2. The confiscation; 3. The fight against money laundering: genesis of a new crime; Part II. The Prevention of Money Laundering: 4. The application field of legislation on the prevention of money laundering; 5. The role of financial institutions in the prevention of money laundering; 6. The role of financial intelligence units in combating money laundering; 7. The role of the supervisory authorities in combating money laundering; Part III. Jurisdiction over Money Laundering: 8. Various types of jurisdictional problems in the fight against money laundering; 9. Territorial jurisdiction in respect of money laundering offences; 10. Extraterritorial jurisdiction in respect of money laundering offences; Part IV. International Co-operation in Combating Money Laundering: 11. The money laundering regime: new objectives of international co-operation in criminal matters; 12. The money laundering regime: new modes of international evidence-gathering; 13. Some of the conditions, principles and exceptions of mutual judicial assistance in criminal matters revisited; 14. Lifting banking secrecy in an international context; 15. Provisional measures to preserve alleged proceeds of crime in an international context; 16. International enforcement of confiscation orders; Epilogue; Bibliography; Index.
'… it is very well written and researched and provides considerable detail on the legal aspects of the fight against money laundering … a worthy addition to the literature.' The Times Higher Education Supplement