Alastair N Brown, MONEY LAUNDERING Edinburgh: W Green (www.wgreen.thomson.com), Green's Practice Library, 2009. xxvi + 256 pp. ISBN 9780414014459. £80.
Published date | 01 May 2010 |
Date | 01 May 2010 |
DOI | 10.3366/elr.2010.0020 |
Pages | 347-348 |
“Money laundering” is the collective term given to the various processes by which proceeds of crime are made to appear as though they have a legitimate source. Detection and prevention of such processes had been recognised as a key aspect of the battle against the illegal drug trade for some decades. However, the events of September 11th 2001, and the questions which followed surrounding the financial infrastructure of international terrorist organisations, have pushed the issue higher than ever up the global political agenda. The proliferation of regulation in this area both domestically and internationally means that it may not always be a simple matter to identify the obligations placed on those in the front line of financial dealings, nor to ascertain the offences which result from failure to comply with these obligations. Accordingly, a book designed to guide practitioners and legal scholars through the regulatory maze is particularly timely.
The book's opening chapter sets the scene for the detailed analysis of the legislation which is to follow. The history of money laundering regulation, including the establishment and role of the Financial Action Task Force, is touched on briefly. A detailed overview is then provided of the key legislation, naturally focusing on the Proceeds of Crime Act 2002 (POCA) subject to its numerous amendments, and the 2005 Money Laundering Directive. Some consideration is also given to the international treaty obligations accepted by the United Kingdom. This initial review provides much useful context for the breakdown of the specific obligations and offences which follows.
The text then turns to a substantive analysis of the legislative provisions. The most relevant provisions of POCA and the 2005 Directive are sensibly contained within appendices to the text for ease of reference. Chapter 2 deals with what may be termed the primary offences connected with money laundering itself, focusing chiefly on sections 327–329 of POCA. Chapter 3, perhaps of key relevance to practitioners, analyses the Money Laundering Regulations 2007 from the perspective of...
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