By William Blair QC and Richard Brent

Description

• Comprehensive coverage of international standards and domestic law in a practical context
• Timely publication coinciding with the implementation of the Third Money Laundering Directive
• Full consideration of the regulatory responsibilities and private law duties of banks, including liability to third parties
• Comparative approach with civil jurisdictions and US law

Financial crime is an important and topical area. Concerns over money laundering have grown considerably since links with terrorist organisations have become more apparent in recent years. This new book sets out to provide banks and legal advisors with a practical and international guide to the issues surrounding banks and financial crime. It looks at the problems banks now face and the legal solutions required to remedy these.

The book starts by looking at what exactly financial crime is and how it happens, moving on to look at the international aspects of the law of tainted money.

The authors then examine aspects such as the regulatory responsibilities and private law duties of banks including their liabilities to third parties and their obligations to assist persons seeking the recovery of assets.

Issues such as substantive private law claims that banks may face are considered, particularly from the perspective of their customers and of victims of financial crime, where a bank has in its possession tainted money. A comparative approach is taken with civil jurisdictions and US law.

The book concludes by considering possible future developments of the international law of tainted money, including coverage of any potential problems that are anticipated and a view on the likely effectiveness of such international law.

Readership: Banks and other financial institutions operating in the UK, their in-house counsel and their external legal advisors, bank regulators, banking litigators and barristers practising commercial law.

Contents

Part I: Introduction: Banks and Money Laundering
1. 1. Introduction: Banks and Money Laundering

Part II: The international law of tainted money
2. General Introduction: some problems relating to the role of international law

3. International Legal Sources I - the United Nations Conventions

4. International Legal Sources II - the UN Security Council Resolutions

5. International Legal Sources III - Sources of soft law

6. International Legal Sources IV: The European Union and the Council of Europe

Part III: Public Obligations and Regulatory Responsibilities
A. Offences

7. Money Laundering Offences under POCA

8. The Terrorism Acts and Conspiracy

B. Sanctions and Regulatory Responsibilities

9. UK Sanctions Regimes

10. Regulatory Responsibilities

Part IV: Professions and Financial Crime
11. The professions and financial crime

Part V: The Private Law of Financial Crime
12. Claims arising under UK private law

Part VI: Financial Crime and Private International Law
13. Introduction

14. Money had and received

15. Knowing receipt

16 Dis16. Dishonest Assistance

17. Deceit

18. Conspiracy

Part VII: Providing and Obtaining Assistance
A. Providing Assistance

19. Providing Assistance: Proceeds of Crime Act 2002: Investigations and Remedies

20. The Anti-Terrorist Regimes and FSMA

B. Obtaining Assistance

21. Judicial co-operation including obtaining evidence

Part VIII: The Future of International Law of Tainted Money: Problems of Implementation and Effectiveness
22. The future of the international law of tainted money

Authors, editors, and contributors

Edited by William Blair QC, Barrister, 3 Verulam Buildings, Grays Inn and Richard Brent, Barrister, 3 Verulam Buildings, Grays Inn Contributors:William Blair QC, 3 Verulam Buildings, London, UK Richard Brent, 3 Verulam Buildings, London, UK Zachary Douglas, University College London, UK James Evans, 3 Verulam Buildings, London, UK Rudi Fortson, 25 Bedford Row, London, UK Fred Hobson, 3 Verulam Buildings, London, UK Roger Masefield, Brick Court Chambers, London, UK Jonathan Peddie, Barclays Bank Plc, London, UK Cheong-Ann Png, Asian Development Bank, Manila, The Philippines

Published Year: 2008 Format: Hard Back ISBN: 978-0-19-929172-4 Publisher: Oxford University Press No of Pages: 544 Our Price: £ 145.00 Reviews: 0 reivew(s).

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