Geo-politics, the ‘war on terror’ and the competitiveness of the City of London
Published in S.Barber (ed.) The Geo-Political and Strategic Environment for the City of London’s Financial Market (European Research Forum 2007)
Underground Banking - Money Laundering over the internet
The internet is increasingly abused by criminals to hide the origins of illegally obtained funds.
Published by risknet.de in 2010.
Please see also my other papers on cyber laundering on Academia.edu
- Modern means of payment
- Rise of cyber laundering cases in Germany
- Examples of cyber laundering
-... more
- Modern means of payment
- Rise of cyber laundering cases in Germany
- Examples of cyber laundering
- Money laundering concerns everyone
- Online activities and offline compliance
- Corporate compliance units are to take a comprehensive approach
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Seen by:The situation of FIUs in Central and Eastern Europe
Published by the Basel Institute of Governance
This paper looks into the history and role of FIUs in Central and Eastern Europe and asks whether they are at risk of... more This paper looks into the history and role of FIUs in Central and Eastern Europe and asks whether they are at risk of abuse of power. It also looks into mechanisms that could prevent such abuse and makes recommendations to improve the effectiveness of FIUs.
Cyber laundering on the up
Money launderers increasingly resort to cashless means of payments to hide the origins of illicitely acquired funds.
Published on risknet.de in 2011
Cyber-laundering - How can we combat money laundering over the internet?
The internet increasingly becomes the ideal tool for money launderers. How can we prevent and combat cyber laundering?
This paper will explain:
- What is money laundering?
- International efforts to combat money laundering... more
This paper will explain:
- What is money laundering?
- International efforts to combat money laundering
- A new tool to launder illicit funds
- Typical examples of cyber-laundering
- How to combat cyber-laundering?
- The 4-I approach
LORENZO PASCULLI - The Measures of Prevention of International Terrorism and Criminal Trafficking
Draft of the research project for my Ph.D. thesis. The draft is outdated and the actual work has been developing in different directions. Still the main core remains the same. Do not cite and/or distribute without permission.
The unprecedented, and, to some extent, unpredictable forms which shape crime in the global context, in default of a... more
The unprecedented, and, to some extent, unpredictable forms which shape crime in the global context, in default of a well defined and effective global system of criminal justice, has proven the insufficiency of merely retributive and deterrence-based approaches. At the same time, the often destructive harmfulness of global crime urge to (try to) prevent it, rather than just (try to) repress it. In order to pursue such preventive aims, both the single States and the international and supranational organizations are taking several measures of prevention. If some of them only affect the social context, other directly constrain
some fundamental liberties and rights.
It is time to draw a system – both on a comparative and on an international/supranational level – of the measures of prevention of all those crimes that, for different reasons, are characterized by an international or transnational dimension (such as terrorism, international organized crime, human trafficking and exploitation, drug trafficking, etc.), in order to achieve two main goals:
a) organize under clear and univocal legal categories all the different measures adopted by the single national legal orders, the supranational legal orders (such as the European Union), the several international organizations (such as the United Nations) and the whole international community at the aim of preventing transnational crime and terrorism;
b) criticize the resulting system of preventative measures in the light of
- the essential constitutional and criminal law principles and traditions shared by every Nation,
- the human rights and liberties stated and protected by international and supranational law,
and eventually try to understand, in a de jure condendo perspective, if (and how) it could be possible to improve such system in order to make it more effective but, at the same time, more respectful of the maximum standards of protection of the aforementioned fundamental rights, liberties and guarantees.
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Seen by: and 13 moreThe Measures of Prevention of International Terrorism and Criminal Trafficking (English_Abstract)
Abstract (in english) of the research project for my Ph.D. thesis. Do not cite and/or distribute without permission.
The unprecedented and unpredictable forms which shape crime in the global context has proven the insufficiency of... more
The unprecedented and unpredictable forms which shape crime in the global context has proven the insufficiency of merely retributive and deterrence-based approaches. At the same time, the often destructive harmfulness of global crime urge to (try to) prevent it, rather than just (try to) repress it.
In order to pursue such preventive aims, both the single States and the international and supranational organizations are taking several measures of prevention, which often constrain some fundamental liberties and rights.
It is time to draw a system – both on a comparative and on an international/supranational level – of the measures of prevention of all those crimes that, for different reasons, are characterized by an international or transnational dimension, in order to organize under clear and univocal legal categories all the different measures and criticize such system in the light of the essential constitutional and criminal law principles and traditions shared by every Nation and the human rights and liberties stated and protected by international and supranational law.
We will eventually try to understand if (and how) it could be possible to improve such system in order to make it more effective but, at the same time, more respectful of the maximum standards of protection of the aforementioned fundamental rights, liberties and guarantees.
'Government responses to organized crime in the United Kingdom since 1997: a review.'
Organized crime presents the UK with a number of problems. Initially, the social and economic harms caused by... more
Organized crime presents the UK with a number of problems. Initially, the social and economic harms caused by organized crime are far reaching and can range from individual suffering to national decline. However in addition to the threats from organized criminal activity, organized crime is certainly a difficult concept to define and detect. Consequently, both of these factors increase the difficulties of designing and measuring preventative strategies. More so, without the sufficient intelligence and understanding, the government and academics are helpless in regards to measuring the impact and effectiveness of control measures.
Nevertheless, this dissertation embarks on the concept of organized crime by critically appraising relevant government and academic publications to review government responses to organized crime in the UK since 1997. Whilst appreciating the broad nature of organized crime, the government in the UK is pragmatic in prioritizing the response by targeting the most harmful threats. With a fundamental aim of reducing the harms caused by organized crime, the law enforcement response has experienced a shift in emphasis towards a unified intelligence-led preventative approach. This desire to approach organized crime with constant risk analysis and continuing intervention through a variety of policing interventions has also been emphasized in the implementation of risk-based civil orders and substantive asset recovery legislation.
Although, despite the increased efficiency of the government's enforcement and intelligence role achieved through the amalgamation of the NCIS and NCS, it remains to be seen whether the remaining inter-agency collaborations will undermine SOCA's unified strategy against organized crime. Also, whilst appreciating the concerns in respect of the European Convention on Human Rights, a level of operational confidence must be reached by the agencies and the courts to fully utilize the new civil proceedings. This includes the imposition of Serious Crime Prevention Orders prior to a conviction as well as the new civil procedure for asset recovery.
Crucially, despite the robust implementation of law enforcement agency reforms and substantive legislation, the new intelligence-led preventative approach requires a level of performance management beyond the methods used for conventional policing. Whether this is possible remains to be seen, but the current inability to quantify preventative measures leaves the approach wide open to scrutiny.
WITWASSEN (Money Laundering - Blanchiment de capitaux - Geldwäsche)
by Geert DELRUE
http://www.maklu.be/MakluEnGarant/pdf/9789046603840.pdf
Over het boek:
Dit boek is bedoeld voor justitiële en politionele spelers bij de bestrijding van... more
Over het boek:
Dit boek is bedoeld voor justitiële en politionele spelers bij de bestrijding van financieel-economische misdrijven, meer in het bijzonder bij de behandeling van onderzoeken i.v.m. witwassen. Witwassen van gelden en kapitalen vormt een hardnekkig probleem en een bedreiging voor het financieel economisch gebeuren en is één van de meest karakteristieke activiteiten van de georganiseerde misdaad.
Geld en kapitalen met criminele oorsprong worden geïnjecteerd in het legale circuit. Het uiteindelijke doel van witwassen, is de illegaal verworven vermogensvoordelen terug in het legale circuit te brengen, via ingewikkelde (financiële) mechanismen, zonder een spoor na te laten van de illegale oorsprong. De opsporing, inbeslagneming en de uiteindelijke verbeurdverklaring van vermogensvoordelen moeten leiden tot het effectief en efficiënt aanpakken van de georganiseerde misdaad: ‘Like money is the oxygen of economy, money is also the oxygen of crime’.
Deze uitgave behandelt zowel de recent aangepaste preventieve wetgeving (Witwaswet van 11 januari 1993, de 49 FATF-aanbevelingen, witwasindicatoren, typologieën …) alsook de repressieve wetgeving (art. 505 Sw., bevriezing, inbeslagneming en verbeurdverklaring).
“Zeer indrukwekkend… Dit wordt de ’Bijbel voor de witwasbestrijding in België’!”
(Alle Wielenga, Directeur van het Nederlands Compliance Instituut over deze uitgave.)
Over de auteur(s):
Geert Delrue is als Gerechtelijk Commissaris werkzaam bij de Federale Gerechtelijke Politie te Kortrijk, waar hij zich vooral heeft gespecialiseerd in fiscale onderzoeken en witwasonderzoeken.
Fighting Corruption in Africa: The Nigerian Experience
Co-authored with Mrs. Farida Waziri is the Executive Chairman of the Economic and Financial Crimes Commission of Nigeria and author of Advance Fee Fraud, National Security & the Law.
Corruption is a global phenomenon that causes poverty, obstructs development, and drives away investment. The issue of... more Corruption is a global phenomenon that causes poverty, obstructs development, and drives away investment. The issue of corruption has gained a prominent place on the global agenda since the mid-1990s with the creation of organizations that can promote models of stemming corruption; especially in developing countries where governmental corruption is widespread. International organizations have adopted conventions with the requirements that their members enact laws prohibiting bribery and extortion.
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