Anti-money laundering law : socio-legal perspectives on the effectiveness of German practices / Verena Zoppei.
2017
KK2254.5 .Z67 2017 (Map It)
On loan from Cellar, due 20. Apr 2020
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Details
Author
Title
Anti-money laundering law : socio-legal perspectives on the effectiveness of German practices / Verena Zoppei.
Published
The Hague, The Netherlands : Asser Press, [2017]
Call Number
KK2254.5 .Z67 2017
Former Call Number
Ger 857 Z768 2017
ISBN
9789462651791
9462651795
9462651795
Description
xiv, 214 pages ; 24 cm.
System Control No.
(OCoLC)981117324
Summary
In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests.0Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will also be of interest to policymakers and consultants, as well as policymakers and consultants at a German level for instance working on improving the instruments to fight organized crime and preventing the financing of terrorism through money laundering.
Note
In the aftermath of recent multiple leaks such as the Panama Papers, the Swiss leaks, and the Bahama leaks, this book offers an interesting view on the underlying conflicting interests that impede the adoption of more effective legislation to stop money laundering by way of the financial system. The central position of the book is that the declared goals underlying the criminalization of money laundering have not been fulfilled. The effectiveness of the anti-money laundering regime in Germany is assessed by examining the indirect effects, collateral consequences, and positive interpretations of the law in action and of the law inaction; reducing the issue to a question of symbolic effectiveness does not reflect the complexity of the matter. What is demonstrated, is that the goals attributed to the regime were too ambitious, and that a lower degree of effectiveness has been accepted in order to balance the inherent political, economic and financial conflicting interests.0Unlike other volumes focusing on this issue, this book deals with the implementation of the legislation and the consequences thereof, and is primarily aimed at legal sociologists, sociology of law researchers, criminal lawyers, criminologists with an interest in white collar crime and political scientists studying measures against illicit financial flows and the concrete implementation of anti-money laundering laws. The book will also be of interest to policymakers and consultants, as well as policymakers and consultants at a German level for instance working on improving the instruments to fight organized crime and preventing the financing of terrorism through money laundering.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
1.
Introduction
1
References
6
pt. I
Instructions for the Socio-Legal Research
2.
Socio-Legal Framework
9
2.1.
Elastic Concept of Legal Effectiveness
15
2.1.1.
Political Plan
16
2.1.2.
Symbolic Function of Law
18
2.1.3.
Integration of the Law in the Existing Criminal Justice System
21
2.1.4.
Effects of the Implementation
22
2.2.
Assessing the Variables
24
2.3.
Considerations
28
References
28
pt. II
Genesis of the Anti-Money Laundering Regime: Tracing Statements of Legislative Purposes
3.
International Law-Making Process
33
3.1.
Tracing the International Law-Making Process
35
3.1.1.
Genesis of the Money-Laundering Offence in the Vienna Convention
37
3.1.2.
Money-Laundering Offence: A Tool to Tackle Organised Crime
40
3.1.3.
FATF Recommendations
42
3.1.4.
Expanding the Definition of the Money-Laundering Offence
44
3.2.
EU's Motivation for Criminalising Money Laundering
45
3.2.1.
Fourth EU Anti-Money Laundering Directive
48
3.2.2.
New Developments: Organised Crime, Terrorism, Corruption and Economic Infringements of the Law
55
3.3.
Considerations
60
References
65
4.
German Law-Making Process: Tracing Legislative Intents
69
4.1.
Parliamentarian Debate
71
4.2.
Following Significant Amendments to the Anti-Money Laundering Regime
77
4.3.
Considerations
80
References
80
pt. III
Integration of Article 261 in the German Criminal Code
5.
Doctrinal Legal Debate on Article 261 of the German Criminal Code
85
5.1.
Interests Protected by the Law: All Interests or no Interest?
86
5.1.1.
Interests Protected by Predicate Offences
89
5.1.2.
Administration of Justice
91
5.1.3.
Economic Interest
92
5.1.4.
Internal Security
95
5.2.
Too Broad or Too Narrow?
97
5.2.1.
Catalogue of the Predicate Offences: A Wide Scope for a Limited Application
98
5.2.2.
mens rea Element: Punishing Reckless Bakers Instead of Mafia Bosses
99
5.2.3.
Defence Attorneys Under Threat
102
5.2.4.
Definitions of `Gegenstand' and of `herruhrt'
104
5.3.
Doctrinal Opinions on the (Symbolic) Effectiveness of the Money-Laundering Offence
106
5.4.
Considerations
109
References
110
pt. IV
Implementation of the Anti-Money Laundering Regime: Between Law in Action and Law Inaction
6.
Data on the Implementation of the Anti-Money Laundering Regime
117
6.1.
General Information on Statistics Provided by the Federal Statistical Office, the Police and the Financial Intelligence Unit (FTU)
120
6.2.
Oswald's Research of 1996: A Starting Point for a Further Theorisation
121
6.3.
(Preliminary) Investigations, Type of Charges, Convictions and Penalties
126
6.4.
Co-operation Between FIU and Law Enforcement Agencies
130
6.5.
Typologies of STRs Filed to the FIU
132
6.6.
Critical Issues
133
6.7.
Volume of the Phenomenon of Money Laundering in Germany: Economic Estimates
135
6.8.
Cost-Benefit Analyses
137
6.9.
Considerations
141
References
146
7.
Opinions on the Anti-Money Laundering Regime. The Implementation of the Law from the Perspective of Legal Actors and Experts
149
7.1.
Is Germany an Eldorado for Money Launderers?
150
7.1.1.
What Is the Impact of Money Laundering?
154
7.1.2.
Economic Stability, Rule of Law: A Fertile or Hostile Environment for Money Launderers?
156
7.1.3.
Considerations
158
7.2.
Is the Current Policy Appropriate for Tackling Money Laundering? What Are the Legal Hindrances and Technical Strengths of the Policy?
159
7.2.1.
Legal Hindrances
159
7.2.2.
Systematic Hindrances
164
7.2.3.
Considerations
174
7.3.
Perceived Conflicting Interests
175
7.3.1.
Law-Making Process
176
7.3.2.
Dirty Money Versus Capital Flight
177
7.3.3.
Conducting Business Versus Persecuting and Preventing Crime
179
7.3.4.
Expanding Criminal Law Versus Ultima Ratio
181
7.3.5.
Is It Possible to Tackle Illicit Financial Flows Without Conflicting with the Interests of a Free Market?
183
7.3.6.
Considerations
184
7.4.
Perspectives on the Effectiveness of the Law
187
7.4.1.
Is the Anti-Money Laundering (Law) Effective?
187
7.4.2.
Is the Policy Effective in Deterring Organised Crime?
194
7.4.3.
Is Article 261 of the German Criminal Code (GCC) an Example of Symbolic Legislation?
197
7.4.4.
Considerations
200
7.5.
General Considerations
202
References
205
pt. V
Conclusions
8.
Conclusions
209
References
211
Index
213