Vast amounts of money are said to be laundered through financial intermediaries in the United Kingdom, thereby potentially affecting the integrity of the financial markets. This unique work offers a critical examination of the criminal anti-money laundering provisions and their impact on financial intermediaries, which may play a facilitating role in the money laundering process. It further considers the efficacy of the criminal law in reducing the incidence of money laundering when used in conjunction with civil liability and financial market regulation.
The crucial issues relating to financial intermediaries concern the interaction between procedural norms and equitable or criminal liability, the conflicts between disclosure and client confidentiality, the privilege against self-incrimination, and the procedural aspects of imposing corporate criminal liability.
The author analyses these in detail and considers to what extent the present provisions may need modification, particularly in light of the demands of procedural fairness laid down in the European Convention on Human Rights. Finally, the book considers the impact of the international nature of money laundering on United Kingdom financial intermediaries, in terms of enforcement and the extra-territorial application of laws and disclosure orders.
Money Laundering and Financial Intermediaries will be of great interest to academic and practising lawyers and anyone with an interest in the regulation of financial markets and the fight against financial crime.
- Introduction
- Money Laundering: The Issues
- The Anti-Money Laundering Legislation
- Rationale for Criminal Liability
- Knowledge, Equitable Liability and the Criminal Provisions
- Investigatory Provisions
- Privilege
- International Aspects
- Criminal Liability of Corporate Financial Intermediaries
- Conclusion