Journal of Money Laundering Control最新文献_第2页

FIU operational effectiveness – findings and observations from the Asian Development Bank perspective 金融情报机构的业务成效--从亚洲开发银行的角度得出的结论和意见

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-05-07 DOI: 10.1108/jmlc-02-2024-0024

Cheong-Ann Png

{"title":"FIU operational effectiveness – findings and observations from the Asian Development Bank perspective","authors":"Cheong-Ann Png","doi":"10.1108/jmlc-02-2024-0024","DOIUrl":"https://doi.org/10.1108/jmlc-02-2024-0024","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to examine the specific findings on the level of technical compliance and operational effectiveness of the national financial intelligence units (FIUs) in 55 members of the Asian Development Bank (ADB) under the mutual evaluations carried out by the Financial Action Task Force (FATF) and its regional bodies (also referred to as FATF-style regional bodies) in connection with the current international standard for combating money laundering and terrorism financing (i.e. the FATF recommendations). It also provides three observations for enhancing the use of financial information and intelligence.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>Review of published reports on country mutual evaluations from the FATF and its regional bodies.</p>\u0000<h3>Findings</h3>\u0000<p>A majority of the FIUs from these 55 members of the ADB were rated around the “mid-range” under the FATF methodology used for the mutual evaluations (i.e. “compliant and substantially effective”, “largely compliant and substantially effective”, “compliant and moderately effective” and “largely compliant and moderately effective”). Observations were also provided on cross-cutting areas for enhancing the use of financial information and intelligence.</p>\u0000<h3>Originality/value</h3>\u0000<p>FIU operations are key to combating money laundering and terrorism financing, and this examination of the level of technical compliance with the international standard and related operational effectiveness provides an useful account of current developments in this space and suggestions for further actions by relevant national authorities and provision of country technical assistance and support by donor partners.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"38 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140838290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Painting the picture: why art dealers should be added to Australia’s designated non-financial businesses and professions definition 描绘图景：为何应将艺术品经销商纳入澳大利亚指定的非金融企业和行业定义中

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-04-30 DOI: 10.1108/jmlc-01-2024-0020

Sophie Martin

{"title":"Painting the picture: why art dealers should be added to Australia’s designated non-financial businesses and professions definition","authors":"Sophie Martin","doi":"10.1108/jmlc-01-2024-0020","DOIUrl":"https://doi.org/10.1108/jmlc-01-2024-0020","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to demonstrate to lawmakers that the addition of art dealers to the designated non-financial businesses and professions (DNFBPs) definition would provide Australia with more comprehensive protection against money laundering within the art market.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>The paper opted for an exploratory study using doctrinal and jurisdictional comparative analysis that focused on arguments for and against the inclusion of art dealers in respective DNFBPs definitions. Evaluation of these arguments concludes that art dealers should be included in Australia’s DNFBPs definition and subject to anti-money laundering (AML) regulation.</p>\u0000<h3>Findings</h3>\u0000<p>The current omission of art dealers from Australia’s DNFBPs definition perpetuates AML vulnerabilities within the Australian art market.</p>\u0000<h3>Originality/value</h3>\u0000<p>This paper fulfils an identified need to study high-value dealers not included in Australia’s DNFBPs definition and provide arguments for and against the inclusion of Australian art dealers in the listed DNFBP.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"45 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140838149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Towards definitive categories for online video game money laundering 确定网络电子游戏洗钱的类别

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-04-29 DOI: 10.1108/jmlc-12-2023-0193

James Higgs, Stephen Flowerday

{"title":"Towards definitive categories for online video game money laundering","authors":"James Higgs, Stephen Flowerday","doi":"10.1108/jmlc-12-2023-0193","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0193","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to investigate how best to classify money laundering through online video games (i.e. virtual laundering). Currently, there is no taxonomy available for scholars and practitioners to refer to when discussing money laundering through online video games. Without a well-defined taxonomy it becomes difficult to reason through, formulate and implement effective regulatory measures, policies and security controls. As such, efforts to prevent and reduce virtual laundering incidence rates are hampered.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>This paper proposes three mutually exclusive virtual laundering categorizations. However, instead of fixating on the processes undergirding individual instances of virtual laundering, it is argued that focusing on the initial locale of the illicit proceeds provides the appropriate framing within which to classify instances of virtual laundering. Thus, the act of classification becomes an ontological endeavour, rather than an attempt at elucidating an inherently varied process (as is common of the placement, layering and integration model).</p>\u0000<h3>Findings</h3>\u0000<p>A taxonomy is proposed that details three core virtual laundering processes. It is demonstrated how different virtual laundering categories have varied levels of associated risk, and thus, demand unique interventions.</p>\u0000<h3>Originality/value</h3>\u0000<p>To the best of the authors’ knowledge, this is the first taxonomy available in the knowledge base that systematically classifies instances of virtual laundering. The taxonomy is available for scholars and practitioners to use and apply when discussing how to regulate and formulate legislation, policies and appropriate security controls.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"129 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140811035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The admissibility of illegally obtained evidence in cases involving money laundering offences: a Malaysian perspective 涉及洗钱犯罪案件中非法获取证据的可采性：马来西亚的观点

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-04-04 DOI: 10.1108/jmlc-01-2024-0005

Karunanithi Kanagaraj, Ramalinggam Rajamanickam

{"title":"The admissibility of illegally obtained evidence in cases involving money laundering offences: a Malaysian perspective","authors":"Karunanithi Kanagaraj, Ramalinggam Rajamanickam","doi":"10.1108/jmlc-01-2024-0005","DOIUrl":"https://doi.org/10.1108/jmlc-01-2024-0005","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.</p>\u0000<h3>Findings</h3>\u0000<p>By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.</p>\u0000<h3>Originality/value</h3>\u0000<p>The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"146 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140573963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Money laundering prevention: the challenge of insurance termination for outlaw biker gangs’ club houses 防止洗钱：非法摩托车帮会会所保险终止的挑战

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-04-03 DOI: 10.1108/jmlc-01-2024-0003

Petter Gottschalk

{"title":"Money laundering prevention: the challenge of insurance termination for outlaw biker gangs’ club houses","authors":"Petter Gottschalk","doi":"10.1108/jmlc-01-2024-0003","DOIUrl":"https://doi.org/10.1108/jmlc-01-2024-0003","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this paper is to discuss the legal barriers to termination of an insurance arrangement where there is suspicion of money laundering when paying insurance premiums.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>Trials in court between insurance firm and outlaw biker gangs regarding insurance of their clubhouses.</p>\u0000<h3>Findings</h3>\u0000<p>Protection of insured seems more important than prevention of money laundering.</p>\u0000<h3>Research limitations/implications</h3>\u0000<p>This is a case study that cannot be generalized.</p>\u0000<h3>Practical implications</h3>\u0000<p>Anti money laundering is difficult when competing with other considerations.</p>\u0000<h3>Social implications</h3>\u0000<p>Accusations of money laundering is not sufficient to terminate an insurance contract. Rather, solid evidence is needed.</p>\u0000<h3>Originality/value</h3>\u0000<p>This is a real case of failing anti-money laundering efforts.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"37 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140574015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Employee whistleblowing: legislative perspectives and public perceptions in the United Arab Emirates (UAE) 雇员举报：阿拉伯联合酋长国（阿联酋）的立法视角和公众看法

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-03-29 DOI: 10.1108/jmlc-12-2023-0204

Tareq Na'el Al-Tawil

{"title":"Employee whistleblowing: legislative perspectives and public perceptions in the United Arab Emirates (UAE)","authors":"Tareq Na'el Al-Tawil","doi":"10.1108/jmlc-12-2023-0204","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0204","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.</p>\u0000<h3>Findings</h3>\u0000<p>The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.</p>\u0000<h3>Originality/value</h3>\u0000<p>The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"130 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140323047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Oil rent, corruption and economic growth relationship in Nigeria: evidence from various estimation techniques 尼日利亚的石油租金、腐败和经济增长关系：来自各种估算技术的证据

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-19 DOI: 10.1108/jmlc-10-2023-0160

Joseph David, Awadh Ahmed Mohammed Gamal, Mohd Asri Mohd Noor, Zainizam Zakariya

{"title":"Oil rent, corruption and economic growth relationship in Nigeria: evidence from various estimation techniques","authors":"Joseph David, Awadh Ahmed Mohammed Gamal, Mohd Asri Mohd Noor, Zainizam Zakariya","doi":"10.1108/jmlc-10-2023-0160","DOIUrl":"https://doi.org/10.1108/jmlc-10-2023-0160","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>Despite the huge financial resources associated with oil, Nigeria has consistently recorded poor growth performance. Therefore, this study aims to examine how corruption and oil rent influence Nigeria’s economic performance during the 1996–2021 period.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>Various estimation techniques were used. These include the bootstrap autoregressive distributed lag (ARDL) bounds-testing, dynamic ordinary least squares (DOLS), the fully modified OLS (FMOLS) and the canonical cointegration regression (CCR) estimators and the Toda–Yamamoto causality.</p>\u0000<h3>Findings</h3>\u0000<p>The bounds testing results provide evidence of a cointegrating relationship between the variables. In addition, the results of the ARDL, DOLS, CCR and FMOLS estimators demonstrate that oil rent and corruption have a significant positive impact on growth. Further, the results indicate that human capital and financial development enhance economic growth, whereas domestic investment and unemployment rates slow down long-term growth. Additionally, the causality test results illustrate the presence of a one-way causality from oil rent to economic growth and a bi-directional causal relationship between corruption and economic growth.</p>\u0000<h3>Originality/value</h3>\u0000<p>Existing studies focused on the effects of either oil rent or corruption on growth in Nigeria. Little attention has been paid to the exploration of how the rent from oil and the pervasiveness of corruption contribute to the performance of the Nigerian economy. Based on the outcome of this study, strategies and policies geared towards reducing oil dependence and the pervasiveness of corruption, enhancing human capital and financial development and reducing unemployment are recommended.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"136 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139772076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Capital flight, institutional quality and real sector in sub-Saharan African countries 撒哈拉以南非洲国家的资本外逃、机构质量和实体部门

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-09 DOI: 10.1108/jmlc-07-2023-0123

Taiwo Akinlo, Busayo Olubunmi Aderounmu

引用次数: 0

Restrictive measures: a question of adequacy or a failure of targeted measures? 限制性措施：是适当性问题还是针对性措施的失败？

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-06 DOI: 10.1108/jmlc-12-2023-0195

Daniel Cookman

{"title":"Restrictive measures: a question of adequacy or a failure of targeted measures?","authors":"Daniel Cookman","doi":"10.1108/jmlc-12-2023-0195","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0195","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to discuss the adequacy of restrictive measures. Providing a synopsis of a global movement toward the imposition of target restrictive measures. Questioning the success of targeted restrictive measures in obtaining behavioural change. Identifying a reversion to the implementation of wide ranging sectoral restrictive measures in an attempt to encourage immediate behavioural change. Accessing the success of using restrictive measures to encourage democratic regimes in Africa.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>This study is a desktop research that examines European Parliament and Council issued Regulations for the jurisdictions of Iran, Russia and Belarus. Academic research is also used in identifying a pendulum swing by global legislatures with respect to the imposition of targeted measures to requiring the imposition of additional wide ranging sectoral measures.</p>\u0000<h3>Findings</h3>\u0000<p>Targeted measures can be circumvented using non-hostile third countries. Academic research identifies that wide reaching sectoral sanctions encourage regime change. Therefore, where targeted measures fail to give rise to their desired persuasive objectives. The legislator moves to introduce additional measures, also comprising of sectoral sanctions. Sectoral sanctions have been applied by the European Union in Iran, Russia and Belarus. The USA has taken measures to limit Russia ability to use Turkey as a transshipment hub. The African continent case study identifies the importance of creating an architecture founded on upholding positive governance and human rights standards. Failure to do so leads to a revolving system of authoritarian regimes, sanctioned by restrictive measures.</p>\u0000<h3>Originality/value</h3>\u0000<p>This paper is a desktop review composed by the author.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"36 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139677774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tax evasion savings versus unlawful predicate proceeds: a substance-based approach 逃税节余与非法上游收益：基于实质的方法

IF 1.1

Journal of Money Laundering Control Pub Date : 2024-02-01 DOI: 10.1108/jmlc-12-2023-0196

Deen Kemsley, Sean A. Kemsley

{"title":"Tax evasion savings versus unlawful predicate proceeds: a substance-based approach","authors":"Deen Kemsley, Sean A. Kemsley","doi":"10.1108/jmlc-12-2023-0196","DOIUrl":"https://doi.org/10.1108/jmlc-12-2023-0196","url":null,"abstract":"<h3>Purpose</h3>\u0000<p>This paper aims to determine whether tax evasion savings qualify as unlawful proceeds for money laundering purposes. Litigators, regulators and academics have debated the question for decades. A common argument is that tax evasion allows a bad actor to save money that the perpetrator already has on hand. It does not produce a new inflow of wealth that could properly be classified as proceeds. This paper addresses the validity of this argument by using a substance-based approach.</p>\u0000<h3>Design/methodology/approach</h3>\u0000<p>This paper applies the substance-over-form principle and two specialized judicial doctrines to the matter: the economic-substance and step-transaction doctrines.</p>\u0000<h3>Findings</h3>\u0000<p>This paper finds that in substance, tax evasion savings qualify as unlawful proceeds. The opposing argument may be valid on the surface, but it does not withstand the scrutiny of the substance-based principle and insights from the doctrines.</p>\u0000<h3>Practical implications</h3>\u0000<p>The finding of this paper implies that any courts which value substance can embrace tax evasion savings as unlawful proceeds. Government prosecutors can adopt the position with confidence that substance backs them up. National regulators can push the point. The United Nations’ Financial Action Task Force can consider the option to more explicitly recommend treating tax evasion savings as unlawful proceeds for money laundering.</p>\u0000<h3>Originality/value</h3>\u0000<p>Using a unique substance-based approach, this paper demonstrates that a dollar of tax evasion savings is substantively equivalent to a dollar of unlawful tax refund proceeds for money laundering purposes. Focusing on an unlawful tax refund overcomes many of the common concerns raised against the treatment of tax evasion savings as unlawful proceeds.</p>","PeriodicalId":46042,"journal":{"name":"Journal of Money Laundering Control","volume":"32 1","pages":""},"PeriodicalIF":1.1,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139648787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0