Banks and Financial Crime: The International Law of Tainted Money

Hardcover | March 27, 2008

EditorWilliam Blair QC, Richard Brent

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Financial crime is an important and topical area. Concerns over money laundering have grown considerably since links with terrorist organisations have become more apparent in recent years. This new book sets out to provide banks and legal advisors with a practical and international guide tothe 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.

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Financial crime is an important and topical area. Concerns over money laundering have grown considerably since links with terrorist organisations have become more apparent in recent years. This new book sets out to provide banks and legal advisors with a practical and international guide tothe issues surrounding banks and financial cri...

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 insu...

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Format:HardcoverDimensions:450 pages, 9.69 × 6.73 × 1.36 inPublished:March 27, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199291721

ISBN - 13:9780199291724

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Table of Contents

Part I: Financial Crime: What it is and how it happens1. Background: how it happens: money laundering typologies2. Recognising suspicious transactions in the banking context3. Recognising suspicious employees in the banking contextPart II: The international law of tainted money4. Is there an international law of tainted money?5. International legal sources and their domestic law significancePart III: Public Obligations and Regulatory Responsibilities6. Proceeds of Crime Act 20027. The Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 20038. Terrorism Act 2000 (as amended by the Anti-Terrorism, Crime and Security Act 2002)9. The Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 200310. UK Statutory Instruments under the United Nations Act 194611. EC Regulations implementing UN sanctions12. Measures adopted under the Anti-Terrorism, Crime and Security Act 2002 to implement EU decisions under Article 34 of the Treaty on European Union13. Money Laundering Regulations 2003 (implementing Council Directive 91/308; European Parliament and Council Directive 2001/97)14. Financial Services and Markets Act 200015. FSA Money Laundering Handbook16. Joint Money Laundering Steering Group and published guidancePart IV: The Professions and Financial Crime17. The professions and financial crimePart V: The Private Law of Financial Crime18. Claims arising under UK private lawPart VI: Financial Crime and Cross-Border Issues19. Jurisdiction20. Applicable lawPart VII: Providing and Obtaining Assistance21. Proceeds of Crime Act 2002: Investigations and Remedies22. Terrorism Act 200023. Anti-terrorism, Crime and Security Act 200124. Financial services and Markets Act 200025. Judicial co-operation including obtaining evidencePart VIII: The Future of the International Law of Tainted Money: Problems of Implementation and Effectiveness26. The future of the international law of tainted money