Assets, Crimes, and the State: Innovations in 21st Century Legal Responses (Transnational Criminal Justice)

297 Pages·2020·2.748 MB·English

by  Katie Benson (editor), Colin King (editor), Clive Walker (editor)

Assets, Crimes, and the State
Organised crime, corruption, and terrorism are considered to pose significant
and unrelenting threats to the integrity, security, and stability of contemporary
societies. Alongside traditional criminal enforcement responses, strategies focused
on following the money trail of such crimes have become increasingly prevalent.
These strategies include anti-money laundering measures to prevent ‘dirty
money’ from infiltrating the legitimate economy, proceeds of crime powers to
target the accumulated assets derived from crime, and counter-terrorist financing
measures to prevent ‘clean’ money from being used for terrorist purposes.
This collection brings together 17 emerging researchers in the fields of anti-
money laundering, proceeds of crime, counter-terrorist financing and corruption
to offer critical analyses of contemporary anti-assets strategies and state responses
to a range of financial crimes. The chapters focus on innovative anti-financial
crime measures and assemblages of governance that have become a feature of late
modernity and on the ways in which individual nation states have responded to
anti-money laundering and counter-terrorist financing requirements in light of
their specific social, political, and economic contexts. This collection draws on
perspectives from law, criminology, sociology, politics, and other disciplines. It
adopts a much-needed international approach, focusing not only on expected
jurisdictions, such as the United States and United Kingdom, but also on analysis
from countries such as Qatar, Kuwait, Iran, and Nigeria. The authors stand out
for their fresh and original research, which places them at the cutting edge of the
subject.
This book provides a comprehensive, insightful, and original study of an important
and developing field for academics, students, practitioners, and policymakers in
multiple jurisdictions.
Katie Benson is Lecturer in criminology at Lancaster University where she teaches
and researches in the areas of money laundering and organised, white-collar, and
financial crimes.
C olin King is Reader in Law at the Institute of Advanced Legal Studies, University
of London.
Clive Walker is Professor Emeritus of Criminal Justice Studies at the School of
Law, University of Leeds, where he has served as the Director of the Centre for
Criminal Justice Studies and as Head of School.
Transnational Criminal Justice
Series Editor: Saskia Hufnagel
Queen Mary University of London, UK
T he concept of ‘transnational criminal justice’ has frequently been interpreted
in the academic literature as ‘international criminal justice’ or ‘global criminal
justice’. Many publications that use the term ‘transnational’ therefore discuss
international criminal justice and international legal frameworks. Another form
of studies that has developed under the umbrella of transnationality in the field of
criminal law is comparative. There has hence been a move from the terminology
of ‘international’, ‘global’ and ‘comparative’ criminal justice towards ‘transna-
tional’ criminal justice.
T his series considers these developments, but focuses primarily on publications
that adhere to a more literal interpretation of the term ‘transnational’. The aim
of the series is to provide a forum for discussion of bilateral and multilateral
relationships between nations in the field of criminal justice. International law
influences these relationships, but is not the focus here. Equally, to explain trans-
national relationships, comparative analyses are required. While incorporating
comparative studies in this series, their aim is the explanation of challenges to
criminal justice cooperation in bilateral or multilateral relationships.
T itles in this series
C riminal Networks and Law Enforcement
G lobal Perspectives On Illegal Enterprise
S askia Hufnagel and Anton Moiseienko
T errorism, Criminal Law and Politics
T he Decline of the Political Offence Exception to Extradition
J ulia Jansson
A ssets, Crimes, and the State
I nnovations in 21st Century Legal Responses
E dited by Katie Benson, Colin King and Clive Walker
F or more information about this series, please visit: w ww.routledge.com/
Transnational-Criminal-Justice/book-series/TRANSCJ
Assets, Crimes, and the State
Innovations in 21st Century Legal
Responses
Edited by Katie Benson, Colin King,
and Clive Walker
First published 2020
by Routledge
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and by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2020 selection and editorial matter, Katie Benson, Colin King, and
Clive Walker; individual chapters, the contributors
The right of Katie Benson, Colin King, and Clive Walker to be
identified as the authors of the editorial material, and of the authors for
their individual chapters, has been asserted in accordance with sections
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British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Benson, Katie, editor. | King, Colin, editor. | Walker, Clive,
editor.
Title: Assets, crimes, and the state : innovations in 21st century legal
responses / [edited by] Katie Benson, Colin King, Clive Walker.
Description: New York : Routledge, 2020. | Series: Transnational
criminal justice | Includes bibliographical references and index.
Identifiers: LCCN 2019044887 (print) | LCCN 2019044888 (ebook) |
ISBN 9780367025922 (hardback) | ISBN 9780429398834 (ebook)
Subjects: LCSH: Money laundering—Law and legislation. | Organized
crime—Law and legislation. | Corruption—Law and legislation. |
Terrorism—Finance—Law and legislation. | Money laundering—
Prevention. | Terrorism—Finance—Prevention. | Money
laundering—Prevention—International cooperation.
Classification: LCC K1089 .A98 2020 (print) | LCC K1089 (ebook) |
DDC 364.16/8–dc23
LC record available at https://lccn.loc.gov/2019044887
LC ebook record available at https://lccn.loc.gov/2019044888
ISBN: 978-0-367-02592-2 (hbk)
ISBN: 978-0-429-39883-4 (ebk)
Typeset in Galliard
by Apex CoVantage, LLC
Contents
Acknowledgements viii
Contributors ix
1 Dirty money and the new responses of the 21st century 1
KATIE BENSON, COLIN KING, AND CLIVE WALKER
PART I
Innovative techniques and new perspectives on existing
techniques 21
2 Too much information? Evaluating the financial
intelligence gathering provisions of the Fourth European
Union Anti-Money Laundering Directive and the
Common Reporting Standard in combatting tax evasion 23
SAM BOURTON
3 Cooperation between financial intelligence units in the EU:
challenges for the rights to privacy and data protection 38
FOIVI MOUZAKITI
4 Risk-based approach: is it the answer to effective
anti-money laundering compliance? 52
GAURI SINHA
5 Unexplained wealth orders: an evolving approach
to enhancing the effectiveness of the anti-money
laundering regime in the United Kingdom 66
SIRAJO YAKUBU
vi Contents
6 Social value or social harm? The impact of the Proceeds
of Crime Act 2002 upon the defendant and their families 79
CRAIG FLETCHER
PART II
Innovative assemblages of government 95
7 Legal professionals as dirty money gatekeepers: the
institutional problem 97
NATHANAEL TILAHUN
8 Occupation, organisation, and opportunity: theorising
the facilitation of money laundering as ‘white-collar crime’ 111
KATIE BENSON
9 New payment systems: potential counter-terrorist
financing risks and the legal response in the
United Kingdom 125
DORON GOLDBARSHT
10 The use of cryptocurrencies in the UK real estate market:
an assessment of money laundering risks 140
ILARIA ZAVOLI
11 Criminal money and antiquities: an open-source
investigation into transnational organised cultural
property crime 154
SAMUEL ANDREW HARDY
PART III
Country-specific insights or rebellion 169
12 UK corporate corruption: a regulatory paradox 171
NICHOLAS MILLS
13 Corporate criminal liability and the failure to prevent
offence: an argument for the adoption of an
omissions-based offence in AML 185
STEVEN MONTAGU-CAIRNS
Contents vii
1 4 The development of laws in Kuwait to combat corruption:
a work in progress 200
NOURA T. A. AL-OUMI
15 Proceeds of corruption crime: the Kuwaiti legal response 215
KHALED S. AL-RASHIDI
16 The suspension of Nigeria from the Egmont Group
and its re-admittance 229
OLUFEMI OLAOYE
17 The Qatar crisis, legitimacy, and the use of sanctions
against terrorist financing 244
AHMED ALMUTAWA
18 Iran responds: international counter-terrorism financing
framework 257
ZEYNAB MALAKOUTIKHAH
S elect bibliography 271
I ndex 275
Acknowledgements
The first stage of our endeavours in the production of this book involved a
grant of funding from the Arts and Humanities Research Council (ref: AH/
P00640X/1) which is gratefully acknowledged.
In the second stage, a two-day conference was held at the Queen Mary Uni-
versity of London (QMUL) Criminal Justice Centre in May 2018. Thanks to the
directors of that centre for their support and hosting.
The keynote address at the conference was delivered by Professor Susan Rose-
Ackerman of Yale University.
Janine Meier, a PhD candidate in law at QMUL, provided excellent editorial
and reference checking support.
Contributors
Ahmed Almutawa is a Bahraini employed as a police officer within the Royal
Academy of Police Department of Bahrain’s Ministry of Interior. He holds a
bachelor’s degree in law and police science and a master’s degree in criminol-
ogy and police science. He is currently a PhD candidate at the University of
Leeds where he is completing a thesis entitled ‘The Legitimacy of Counter-
Terrorism Financing Measures in Bahrain’ with reference to the United
Kingdom.
N oura T. A. Al-Oumi is Assistant Professor in the Criminal Law Department,
Faculty of Law at Kuwait University. She received her PhD in 2013 from the
University of Leeds. She has an LLM from the University of Kent and an LLB
from Kuwait University.
Khaled S. Al-Rashidi is Lecturer at the School of Law, Kuwait University.
Khaled has an LLB degree from Kuwait University and holds an LLM degree
in criminal law and criminal justice from the University of Leeds. Currently,
he is a PhD candidate at the School of Law, University of Leeds, where he is
preparing his thesis on the phenomenon of corruption in Kuwait. Khaled is
interested in criminological and criminal law issues in general and counter-
corruption laws more specifically. Before 2015, Khaled worked as a state law-
yer for four years, defending the state in the administrative courts.
K atie Benson is Lecturer in Criminology at Lancaster University where she
teaches and researches in the areas of money laundering and organised, white-
collar, and financial crimes. Her primary research focus is the involvement of
legal professionals in the facilitation of money laundering and the criminal jus-
tice and regulatory responses to this. Previously, Katie was Knowledge Man-
ager at the Scottish Crime and Drug Enforcement Agency and worked with,
or provided advisory/consultancy services to, various government bodies, law
enforcement organisations, research institutions and investigations.
S am Bourton is Lecturer in Law at the University of the West of England, Bris-
tol. She teaches on the LLB and LLM programmes, with modules includ-
ing Foundations for Law, the Law of Financial Crime and Regulation, and
International Financial Crime. Sam is also a PhD candidate whose thesis aims