Magister Legum - LLM / Money laundering (hereafter ML) is a multidisciplinary topic which has become important since the late 1980s. The term ‘laundering’ literally means ‘washing’ or ‘removing dirt’. It has been defined as the conversion of criminal income into assets that cannot be traced back to the underlying crime. Criminals use ML as a way of keeping control over the proceeds of crime and to provide, ultimately, a cover for their income and wealth. ML occurs every time any transaction takes place, regardless of whether it involves any form of property or benefit, whether tangible or not tangible, which is derived from criminal activity. ML is regulated at the global, regional and national levels. To combat ML and other financial crimes, Malawi enacted the Financial Crimes Act (hereafter FCA). The FCA establishes the Financial Intelligence Authority (hereafter FIA) as an institution whose objectives include collecting financial intelligence regarding suspicious transactions.

Money laundering is a serious crime with potentially wide ranging consequences that have numerous implications for criminological research. However, criminology rarely explores this crime, nor its potential impact on other more central crimes of interest (e.g. drug trafficking or organized crime). The present study adds to a limited body of literature examining money laundering from a criminological perspective, evaluating aspects of its regulation and social control within the banking industry. Several aspects of regulatory oversight and company dynamics such as fine/settlement size, company size, and the likelihood of non-AML/OFAC violations to predict future AML/OFAC violations were evaluated. These analyses largely supported that banking crimes, and more specifically AML violations, follow the same patterns observed within previous corporate crime research. However, the primary focus of this research was to evaluate the effectiveness of industry success rankings as a form of social control as it pertains to AML violations and to determine whether or not banks that ranked well on industry rankings were also less likely to have banking violations. A variety of rankings including safety, asset-based, and overall performance measures were used to assess their relationship to bank violations, with analyses supporting that these banking industry success markers held little relationship to or acknowledgment of a firm’s previous AML/OFAC violations. Implications are discussed at length including the importance of and numerous directions for future criminological research on money laundering violation within the banking industry, suggested regulatory reforms, and the need for a wider variety and more tailored industry success measures to affect some level of social control.

published_or_final_version / Sociology / Doctoral / Doctor of Philosophy

Syfte: Syftet med uppsatsen är att redogöra för hur kassapersonalens förutsättningar för att förhindra penningtvätt kan förklaras med hjälp av beslutsteorier. Teoretisk och empirisk metod: Forskningsmetoden för uppsatsen är kvalitativ, med en abduktiv ansats. Den för studien valda empiriska metoden är semi-strukturerade intervjuer där respondenterna är valda med hjälp av subjektivt urval samt ett så kallat snöbollsurval. Teoretisk referensram: Som bakgrund till studien ligger såväl internationella direktiv och rekommendationer som svensk reglering av penningtvätt och finansiering av terrorism. Vi har också utgått från befintliga teorier kring regleringens betydelse, samt teorier om den riskbaserade regleringen. Den teoretiska referensramen innehåller dessutom tre olika beslutsteorier. Slutsats: Vår slutsats är att kassapersonalen anser sig ha de rätta förutsättningarna för att kunna förhindra penningtvätt. Men brister i hanteringen av penningtvätt visar att förutsättningarna inte är tillräckliga. / Purpose: The purpose of the thesis is to describe how bank tellers have the opportunity to prevent money laundering by applying different decision theories. Theoretical and empirical method: The research method of the dissertation is qualitative, with an abductive approach. The chosen empirical method is semi-structured interviews where the respondents are selected with a subjective selction and a so called snowball selection. Theoretical approach: Behind the study are both international directives & recommendations and Swedish statutory laws of money laundering and financing of terrorism. We have also originated from existing theories about the importance of the regulation and theories about the risk-based regulation. The theoretical approach also contains three different decision theories. Conclusion: Our conclusion is that bank tellers think they have the right opportunities to prevent money laundering. But flaws in the management of money laundering show that the prerequisites are not sufficient.

Habilitation - Universität, Saarbrücken, 2007. / Includes bibliographical references (p. [425]-451) and index.

Le blanchiment de capitaux est actuellement le délit qui connaît la plus importante croissance. Par ailleurs, la lutte contre ce phénomène reste un thème actuel et global. Consciente du caractère essentiellement transfrontalier de ce fléau et ses conséquences néfastes qu’il présente particulièrement pour les pays en voie de développement dont les systèmes financiers sont réputés fragiles, l’Algérie a mis en place divers instruments afin de combattre le blanchiment d’argent. Outre sa participation aux instruments internationaux, elle a mis en place des moyens nationaux permettant de lutter contre cette forme de délinquance financière. Nous avons analysé ces instruments et les modifications récentes apportées en la matière par les autorités algériennes. / Money laundering is currently an offense that is still growing. Moreover, the fight against this phenomenon remains an overall theme. Recognizing the transboundary nature of this scourge and its harmful consequences that this presents particularly for the developing countries whose financial systems are notoriously fragile, Algeria has introduced various instruments to fight money laundering. In addition to its participation in international instruments, it has set up national means to fight against this form of financial crime. We analyzed these instruments and the recent changes made by the Algerian authorities.

Doctor Legum - LLD / Along with its inumerable wonders, the advent of the internet has brought with it very bad vices. The notion of convenience, which comes with the use of the internet, can be attributed to criminals who wish to disguise the proceeds of their ill-derived funds, or what is better known as cyberlaundering. Cyberlaundering is a phenomenon that seems negligible on face value, but, to the contrary, has very dire effects, especially on national economies, which are in no way trifling.This study describes the problem of cyberlaundering, pointing out the various legal issues pertaining to it. Given that cyberlaundering is a comparatively new crime, which is not yet conceptualized legally, criminal justice authorities find it hard to detect, investigate and prosecute cyberlaundering. An adequate legal regime against cyberlaundering is currently non-existent, as there is presently no concise international or national legal framework in place to contain the problem. Whilst the chief focus of the thesis is to devise a legal framework to combat cyberlaundering, considerable attention is also devoted to the tension that arises between public and private interests, amongst several other legal issues that come to play along the way. This is a debate that necessarily arises when legislatures resort to more radical anti-cyberlaundering laws. The study advocates a middle ground, which leads to the desired end of curbing the exponential growth of cyberlaundering, at the very least.

Magister Legum - LLM / Financial crimes are transnational in nature, and no country is immune from them. They are an international problem that can best be solved through international cooperation on a global scale. It is therefore necessary to have rules and norms that apply worldwide in order to deal with these crimes comprehensively.1 Of particular prominence is the crime of money laundering (ML), which may be defined as the processing of criminal proceeds to disguise their illegal origin.2 This term is relatively new and is broadly defined, with the definitions varying from jurisdiction to jurisdiction. In Zimbabwe, money laundering acts are listed in the Money Laundering and Proceeds of Crime Act 34 of 2013 (the Principal Act).3 The Financial Action Task Force (FATF) is the main international inter-governmental body formed specifically to set AML standards and to promote their implementation globally.

Lately, money laundering activities have received a lot of attention in the auditing and accounting field due to pressures from the EU. Legislative changes have caused an urgency in preventative measures against money laundering and reporting of suspicious activity. Accordingly, the selected subject is current and important to acknowledge in the work of auditors and accountants. Therefore, this study aims to examine the professional's adaptive ability in their practices to remain compliant with the developing Anti-Money Laundering regulations within the European Union. With a focus on professional skepticism the study will contribute to regulatory compliance research by analyzing documents and asking practitioners’ perspectives on their ability to judge when skeptical action is situationally appropriate.  Regulatory compliance and the inter-play of professionals is the core issue which the researchers mean to address. The adapted approach is to conceptualize a general theory by interviewing individuals with expertise in the field and gaining their perspectives on the matter. An important part of this process is to gather relevant information so that it can be used as a tool to understand the perspectives as best as possible. Beyond reviewing literature this also involves document analysis. The document analysis examines legal documents and reports to gain a rudimentary understanding of how investigated professionals in Sweden are judged in different situations.  The study's findings suggest that skeptical attitudes typically have a preventative function amongst both auditors and accountants to avoid high-risk clients. Therefore, minimizing the risk of facing a dilemma of whether to file a suspicious activity report against a client. Moreover, in the make-up of Professional Skepticism, attitude seemingly has increased weight contra the individual's mindset as the transition to a stronger presence of liquid transactions and more efficient analysis methods illegitimize the reasoning behind some situational accounting techniques. Moreover, the observed reality of the Swedish accounting and auditing professional is an increase in the awareness of the implemented laws. Adaptability and use of education, experiences, work programs and tools play a key role in the efficiency and effectiveness of the overall work within the frames of the Swedish legal systems and to detect and decrease illegal activities. To that extent, professionals also have differing outsets depending on the firms' resources and the individuals' roles in the firm.  The study contributes to knowledge of the effect of the progressive changes to Anti-Money Laundering regulations on audit and accounting practitioners, before the Money Laundering Act (2014:307) until today, as the intention is for professionals to better understand the components relevant to assertive decision-making with respect to money laundering regulation.

No description available.