Banks and Financial Crime: The International Law of Tainted Money by William Blair

Banks and Financial Crime: The International Law of Tainted Money

EditorWilliam Blair, Richard Brent, Tom Grant

Hardcover | February 25, 2017

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This thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets(including regulatory bodies within and without the jurisdiction) as they relate to "tainted money". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminalpractitioners, public international lawyers, and overseas (in particular US) lawyers. The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Conventionagainst Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered.The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the EuropeanUnion and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emergingresponse of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies.

About The Author

The Hon. Mr Justice Blair is a High Court Judge, a nominated judge in the Commercial Court and Judge in charge of the Commercial Court. Before his appointment in 2008 he worked as a leading barrister specialising in the law of domestic and international banking and finance, including financial fraud and conflicts of law. He is a visiti...
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Details & Specs

Title:Banks and Financial Crime: The International Law of Tainted MoneyFormat:HardcoverDimensions:624 pagesPublished:February 25, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198716583

ISBN - 13:9780198716587

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Table of Contents

I The International Law of Tainted Money1. Tom Grant and Richard Brent: General Introduction: Some Problems Relating to the Role of International Law2. Cheong-Ann Png: International legal sources I - the United Nations Conventions3. Cheong-Ann Png: International Legal Sources II - The United Nations Security Council Resolutions4. Cheong-Ann Png: International Legal Sources III - FATF Recommendations5. Antonios Tzanakopoulos: International Legal Sources IV - the European Union and The Council of Europe6. Tom Grant: International Legal Sources IV - The European Union and The Council of EuropeII Public Obligations and Regulatory ResponsibilitiesA. Offences7. Rudi Fortson: Money Laundering Offences Under POCA 20028. Rudi Fortson: The Terrorism Acts and ConspiracyB. Sanctions and Regulatory Responsibilities9. Antonios Tzanakopoulos: UK Sanctions regimes10. Richard Brent: Regulatory ResponsibilitiesIII The Professions and Financial Crime11. David Kirk and Andrew Thornton-Dibb: The Professions and Financial CrimeIV The Private Law of Financial Crime12. James Evans: Claims Arising under UK Private LawV Financial Crime and Private International Law13. Zachary Douglas and Andrew Bodnar: Financial Wrong-Doing and Private International Law14. Zachary Douglas and Andrew Bodnar: Money Had and Received15. Zachary Douglas and Andrew Bodnar: Knowing Receipt16. Zachary Douglas and Andrew Bodnar: Dishonest Assistance17. Zachary Douglas and Andrew Bodnar: Deceit18. Zachary Douglas and Andrew Bodnar: ConspiracyVI Providing and Obtaining AssistanceA.Providing Assistance19. Jonathan Peddie: Investigations and Remedies under POCA 200220. Jonathan Peddie: Anti-Terrorism LegislationB. Obtaining Assistance21. Jonathan Peddie: Judicial Cooperation Including Obtaining EvidenceVII United States-United Kingdom Issues22. D. Zachary Hudson: Cooperation between the United States and the United Kingdom in the Prevention and Prosecution of Financial Crime23. Viet D. Dinh and Megan M. Wold: Extraterritorial Application of U.S. LawVIII Conclusion: Virtual Money24. Kay Firth-Butterfield, Richard Brent, and Tom Grant: The Future of Financial Crime: Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions

Editorial Reviews

"A thorough and well-researched resource for law libraries with collections on international banking, particularly those that deal with the UK or other European nations." --Jim Kelly, Access Services Research Librarian, Vanderbilt University, Nashville, TN 2009