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- Preliminary Material
- Main Text
- Part I The International Law of Tainted Money
- 1 General Introduction: Some Problems Relating to the Role of International Law
- 2 International Legal Sources I—the United Nations Conventions
- Preliminary Material
- 2.1 Introduction
- 2.2 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)
- 2.3 International Convention for the Suppression of the Financing of Terrorism (1999)
- 2.4 Convention against Transnational Organised Crime (2000)
- 2.5 Convention against Corruption (2003)
- 2.6 Influence of the UN Conventions on Development of Domestic Law and Practice
- 2.7 Domestic Law Significance of the UN Conventions
- 2.8 Additional Considerations for the UN Conventions
- 3 International Legal Sources II—the United Nations Security Council Resolutions
- Preliminary Material
- 3.1 Introduction
- 3.2 UN Security Council Resolutions
- 3.3 Domestic Law Significance—SC Resolution 1267 (1999) and Related Resolutions
- 3.4 Some Observations on the Legal Challenges relating to SC Resolution 1267 (1999) and Related Resolutions
- 3.5 UN Security Council Resolution 1373 (2001)
- 3.6 Domestic Law Significance—SC Resolution 1373 (2001)
- 3.7 Some Observations on the Legal Challenges relating to SC Resolution 1373 (2001)
- 4 International Legal Sources III—FATF Recommendations
- 5 International Legal Sources IV—the European Union and the Council of Europe
- 6 International Legal Sources V—the UN Security Council Delisting Procedure
- Part II Public Obligations and Regulatory Responsibilities
- A Offences
- 7 Money Laundering Offences under POCA 2002
- Preliminary Material
- 7.1 Introduction
- 7.2 A Brief History of UK Money Laundering Legislation
- 7.3 Words, Phrases, and Concepts (POCA 2002)
- 7.4 The Three Principal Money Laundering Offences
- 7.5 Authorized Disclosures
- 7.6 The Position of the Nominated Officer
- 7.7 Other Offences
- 7.8 Conduct in a Foreign Jurisdiction
- 7.9 Deposit-taking Bodies
- 7.10 Institutions and Professionals Required to Prevent Money Laundering
- 8 The Terrorism Acts and Conspiracy
- Preliminary Material
- 8.1 Introduction to Terrorist Property
- 8.2 Terrorism Offences, Defences, and Exceptions
- 8.2.1 Fund-raising: section 15 TA 2000
- 8.2.2 Use and possession of terrorist property: section 16 TA 2000
- 8.2.3 Funding arrangements: section 17 TA 2000
- 8.2.4 Insurance against payments made in response to terrorist demands
- 8.2.5 Facilitating the retention of terrorist property (‘money laundering’)
- 8.2.6 Disclosure of information
- 8.2.7 Exceptions to an offence committed under sections 15 to 18
- 8.2.8 Tipping off in the regulated sector
- 8.3 Conspiracy to Commit a Money Laundering Offence
- 8.35
- 8.3.1 Section 1 of the Criminal Law Act 1977
- 8.3.2 The Saik case
- 8.3.3 Property identified versus property not identified
- 8.3.4 Property identified: knowledge required
- 8.3.5 Implications of the Saik case
- 8.3.6 Multiple transactions
- 8.3.7 Facts or circumstances ‘necessary for the commission of an offence’
- 8.3.8 Section 1(2) of the Criminal Law Act 1977 and the defendant’s knowledge of his mens rea
- 8.3.9 Is knowledge relevant if the defendant intends to commit a crime?
- 8.3.10 Conspiracy and conditional intention
- 8.3.11 Types of conditional intention: ‘even if’/‘only if’
- 8.2.12 Compendious counts of conspiracy
- 8.3.13 Conspiracy and jurisdiction
- 7 Money Laundering Offences under POCA 2002
- B Sanctions and Regulatory Responsibilities
- 9 UK Sanctions Regimes
- 10 Regulatory Responsibilities
- Preliminary Material
- 10.1 Money Laundering Regulations 2007
- 10.2 FCA Handbook
- 10.3 JMLSG Guidance
- A Offences
- Part III The Professions and Financial Crime
- 11 The Professions and Financial Crime
- Preliminary Material
- 11.1 Introduction
- 11.2 Solicitors
- 11.3 Barristers
- 11.3.1 Introduction
- 11.3.2 Barristers’ obligations under the Money Laundering Regulations 2007
- 11.3.3 Barristers’ obligations under POCA 2002
- 11.3.4 Barristers’ obligations under the Terrorism Act 2000
- 11.4 Notaries and Financial Crime
- 11.5 Accountants
- 11 The Professions and Financial Crime
- Part IV The Private Law of Financial Crime
- 12 Claims Arising under UK Private Law
- Preliminary Material
- 12.1 Introduction
- 12.2 Claims Against Banks
- 12 Claims Arising under UK Private Law
- Part V Financial Wrongdoing and Private International Law
- 13 Introduction
- 14 Money Had and Received
- Preliminary Material
- 14.1 Overview
- 14.2 Factual Scenario
- 14.3 Jurisdiction
- 14.4 Applicable Law
- 15 Knowing Receipt
- Preliminary Material
- 15.1 Overview
- 15.2 Factual Scenario
- 15.3 Jurisdiction
- 15.3.1 Exclusive jurisdiction if the equitable claim for knowing receipt is characterized as having as its object a right in rem in relation to immovable property
- 15.3.2 The defendant is domiciled in England
- 15.3.3 The defendant is domiciled in another Member State
- 15.3.4 The defendant is domiciled in a non-Member State but is temporarily present in England
- 15.3.5 The defendant is domiciled in a non-Member State and is not present in England
- 15.4 Applicable Law
- 16 Dishonest Assistance
- Preliminary Material
- 16.1 Overview
- 16.2 Factual Scenario
- 16.3 Jurisdiction
- 16.3.1 The defendant lawyer is domiciled in England
- 16.3.2 The defendant lawyer is domiciled in another Member State
- 16.3.3 The defendant lawyer is domiciled in a non-Member State but is temporarily present in England
- 16.3.4 The defendant lawyer is domiciled in a non-Member State and is not present in England
- 16.4 Applicable Law
- 17 Deceit
- 18 Conspiracy
- Preliminary Material
- 18.1 Overview
- 18.2 Factual Scenario
- 18.3 Jurisdiction
- 18.3.1 The defendants Messrs Q and R are domiciled in England
- 18.3.2 The defendant Mr Q is domiciled in England but Mr R is domiciled in another Member State or vice versa
- 18.3.3 The defendants Messrs Q and R are domiciled in other Member States
- 18.3.4 The defendants Messrs Q and R are domiciled in non-Member States but Mr Q is temporarily present in England
- 18.3.5 The defendants Messrs Q and R are domiciled in non-Member States and neither is present in England
- 18.4 Applicable Law
- Part VI Providing and Obtaining Assistance
- A Providing Assistance
- 19 Investigations and Remedies under POCA 2002
- Preliminary Material
- 19.1 Introduction and Overview
- 19.2 The Shape of the Challenge for Banks
- 19.3 Production Orders
- 19.4 Search and Seizure Warrants
- 19.5 Customer Information Orders
- 19.6 Account Monitoring Orders
- 19.7 Disclosure Orders
- 19.8 Criminal Confiscation and Civil Recovery
- 19.9 The Proceeds of Crime Inquiry
- 19.10 Voluntary Provision of Assistance—A New Model?
- 20 Anti-terrorism Legislation
- Preliminary Material
- 20.1 Introduction and Overview
- 20.2 Terrorism Act 2000
- 20.3 Anti-Terrorism, Crime and Security Act 2001
- 20.4 Terrorist Asset-Freezing etc Act 2010
- 20.5 The Role of the Wider UK Enforcement and Intelligence Community
- 20.6 Serious Crime Act 2007
- 19 Investigations and Remedies under POCA 2002
- B Obtaining Assistance
- 21 Judicial Cooperation Including Obtaining Evidence
- Preliminary Material
- 21.1 Introduction
- 21.2 Evidence (Proceedings in Other Jurisdictions) Act 1975
- 21.3 The Crime (International Co-operation) Act 2003
- 21.4 Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (1970)
- 21.5 Taking of Evidence Regulation
- 21.6 Bilateral Agreements
- 21.7 Other Forms of Judicial Cooperation
- 21 Judicial Cooperation Including Obtaining Evidence
- A Providing Assistance
- Part VII United States-United Kingdom Issues
- 22 Cooperation between the United States and the United Kingdom in the Prevention and Prosecution of Financial Crime
- 23 Extraterritorial Application of US Law
- Preliminary Material
- 23.1 Introduction
- 23.2 General US Law of Extraterritoriality
- 23.3 Recent Cases Applying the Presumption against Extraterritoriality
- 23.4 The Definition of ‘Extraterritorial’ for Purposes of Applying the Presumption
- 23.5 Extraterritorial Effects of US Laws
- 23.6 Specific Statutes with Extraterritorial Applications or Effects
- 23.46
- Trading with the Enemy Act of 1917
- Penalties
- International Emergency Economic Powers Act
- 23.58
- 23.59
- 23.60
- 23.61
- North Korea Sanctions Regulations, 31 CFR § 510 (75 Fed Reg 67912)
- Iranian Transactions Regulations, 31 CFR § 560
- Iranian Assets Control Regulations, 31 CFR § 535
- Iraqi Stabilization and Insurgency Sanctions Regulations, 31 CFR § 576, 75 Fed Reg 55464
- Terrorism, 31 CFR §§ 595, 596, 597 and Executive Order 13224
- Colombian Narcotics Trafficking. Executive Order 12978
- Burma (Myanmar), Burmese Freedom and Democracy Act of 2003, 31 CFR § 537 and Executive Order 13310
- Sudan, 31 CFR § 538 and Executive Orders 13067 and 13399
- Diamond trading, Clean Diamond Trade Act, Executive Order 13312, 31 CFR § 592
- Former Liberian Regime of Charles Taylor, 31 CFR § 593, Executive Order 13348
- The Balkans, Executive Order 13219 and 13304
- Zimbabwe, Executive Order 13391, 31 CFR § 541
- Syria, Executive Order 13685, 31 CFR § 542
- Côte d’Ivoire, Executive Order 13396, 31 CFR § 543
- Belarus, Executive Order 13405, 31 CFR § 548
- Democratic Republic of the Congo, Executive Order 13413, 31 CFR § 547
- Antiterrorism and Effective Death Penalty Act, Public Law 104-132, 110 Stat 1214-1319
- The Foreign Narcotics Kingpin Designation Act
- 23.7 Statutes Administered by the Financial Crimes Enforcement Network
- Part VIII The Future of the International Law of Tainted Money
- 24 Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions
- Preliminary Material
- 24.1 Introduction
- 24.2 The Technology: Background
- 24.3 A Problem of Definition: Is Virtual Currency Money?
- 24.4 Virtual Currency and Money Laundering Risk
- 24.5 Policy and Legislative Initiatives
- 24.6 Bitcoins and Private Law Claims
- 24.7 Conclusion: Societal Issues Raised by Virtual Currency and AI
- 24 Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions
- Part I The International Law of Tainted Money
- Further Material
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