Avocat, rechtsanwalt or agent of the state?. Anti-money laundering compliance strategies of French and German lawyers
| Date | 06 April 2020 |
| Pages | 849-862 |
| DOI | https://doi.org/10.1108/JMLC-09-2019-0069 |
| Published date | 06 April 2020 |
| Author | Ola Svenonius,Ulrika Mörth |
| Subject Matter | Accounting & Finance,Financial risk/company failure,Financial compliance/regulation,Financial crime |
Avocat, rechtsanwalt or agent
of the state?
Anti-money laundering compliance strategies
of French and German lawyers
Ola Svenonius
Department of Defence Analytics, Swedish Defence Research Agency,
Stockholm, Sweden, and
Ulrika Mörth
Department of Political Science, Stockholm University, Stockholm, Sweden
Abstract
Purpose –The purpose of this paper is to analyse how lawyersin two of the largest European economies
manage the contradictoryrequirements set by anti-money laundering and counter-terrorismfinancing (AML/
CTF) legislationon the one hand and professional codesof ethics on the other hand.
Design/methodology/approach –The study is based on qualitative interviews with French and
German lawyers. It asks “How do Europeanlawyers handle the conflicting demands ensuing from theirroles
as frontlines workers?”The paper uses lawyers’day-to-day practices and variations in member states’
transpositionsof the European Union directives as a starting pointto study AML/CTF in the miniscule.
Findings –The article shows that contextualinstitutional restraints and cultural factors have significant
impact on the possibilityto enlist for-profit actors in the fight against terrorism an organisedcrime.
Research limitations/implications –This research highlights several factorsinherent in AML/CTF
regulation that warrant further research. Not only should further work be carried to broaden the
understandingof lawyers but also other actors included in this policy area.
Practical implications –The study explains why French and German lawyers do not comply as
expected by the legislator. If increased compliance is required, then the paper provides input into what
measurescan be taken, by policy, enforcementand supervision.
Originality/value –The study focusses on a hard-to-reach group of actors in AML/CTF regulationthat
has never before been studied in detail. As recent scandals have shown, lawyers are key actors in global
finance buthave rarely been scrutinised in their AML compliancenorms and routines.
Keywords Germany, France, Compliance, Lawyers, Anti-money laundering regulation,
Non-financial sector
Paper type Research paper
1. Introduction
Terrorism and organised crime is a high priority on the European Union’s (EU) security
agenda. A large literature has developedon EU security policy, especially with regard to the
inclusion of non-state actors in security governance and intelligence (Abrahamsen et al.,
2009;Bures and Carrapico, 2017;van Steden and Sarre, 2007;Helgesson and Mörth, 2012;
Vlcek, 2018). A fundamental aspect of the EU’s counter-terrorism efforts is anti-money
laundering and counter-terrorism financing (AML/CTF), which includes the obligation of
This work was financed by the Swedish Research Council, Grant No. HS 2014-648.
Strategies of
French and
German
lawyers
849
Journalof Money Laundering
Control
Vol.23 No. 4, 2020
pp. 849-862
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-09-2019-0069
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