EU Criminal Justice, Financial & Economic Crime

EU Criminal Justice, Financial & Economic Crime
Author: Marc Cools
Publisher: Maklu
Total Pages: 322
Release: 2011
Genre: Law
ISBN: 9046604381

This fifth volume of the Governance of Security (GofS) Research Paper series addresses a wide variety of topical issues focusing on European criminal justice and financial and economic crime. The first cluster of articles is concerned with European criminal justice matters particularly relating to EU mutual recognition, such as: conceptualization, unwanted effects in the context of prisoner transfer and sentence execution, impact for cross-border gathering and use of forensic expert evidence, and interrogational fairness standards. A second cluster of articles addresses the subjects of financial and economic crime, ranging from informal economy (among street children) to formal/informal economy (vulnerability of the hotel and catering industry to crime) and white collar crime phenomena like (transnational) environmental crime and corruption. A final cluster groups together a variety of selected topical issues, including juvenile offending and mental disorders, desistance theories, and sexually transmitted infections.

Challenges in the Field of Economic and Financial Crime in Europe and the US

Challenges in the Field of Economic and Financial Crime in Europe and the US
Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
Total Pages: 403
Release: 2017-02-23
Genre: Law
ISBN: 1509908056

In the past few years, criminal justice systems have faced important global challenges in the field of economic and financial crime. The 2008 financial crisis revealed how strongly financial markets and economies are interconnected and illustrated that misconduct in the economic and financial sectors is often of a systemic nature, with wide-spread consequences for a large number of victims. The prevention, control and punishment of such crimes is thus confronted with a strong globalisation. Moreover, continuous technological evolutions and socio-economic developments make the distinction between socially desirable and undesirable behaviour more problematic. Besides, economic and financial misconduct is notoriously difficult to detect and investigate. In light of these challenges, legislators and law enforcers have been searching for adequate responses to combat economic and financial crime by adapting existing policies, norms and practices and by creating new enforcement mechanisms. The purpose of this volume is to analyse those challenges in the field of economic and financial crime from different perspectives, and to examine which particular solutions criminal justice systems across Europe give to those challenges. The volume has four parts. The first part focuses on a number of key questions with respect to substantive criminal law, whereas the second part will address issues affecting the administration of justice and criminal procedure. Part three then explores particular challenges concerning multi-agency cooperation and multi-disciplinary investigations. Finally, part four will concentrate on issues regarding shared or integrated enforcement models.

Fundamental Principles of EU Law Against Money Laundering

Fundamental Principles of EU Law Against Money Laundering
Author: Emmanuel Ioannides
Publisher: Routledge
Total Pages: 202
Release: 2016-04-22
Genre: Law
ISBN: 1317131355

This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.

Investigating European Fraud in the EU Member States

Investigating European Fraud in the EU Member States
Author: Alessandro Bernardi
Publisher: Bloomsbury Publishing
Total Pages: 197
Release: 2017-07-13
Genre: Law
ISBN: 1509903615

This book offers a detailed overview of the rules regarding criminal investigations into financial-economic criminality in the EU's main legal systems. These rules have become fundamental to the effective protection of the Union's financial interests. It undertakes a comparative study of six national legislatures (Italy, Spain, France, Germany, Poland, the UK) which serve as paradigms of the different judicial systems existing in the Union, in order to offer a complete overview of the different approaches to financial-economic investigation in the EU. The work is further enriched with cross–sectional essays that deal with the more general issues, such as data-protection and the future of investigations in the view of the establishment of the European Public Prosecutor's Office (or EPPO). This provides a wider perspective on the themes considered. The book also examines trans-national issues, providing essential context to the EU's legislative instruments intended to protect the financial interests of the Union.

Fundamental Principles of EU Law Against Money Laundering

Fundamental Principles of EU Law Against Money Laundering
Author: Dr Emmanuel Ioannides
Publisher: Ashgate Publishing, Ltd.
Total Pages: 203
Release: 2014-12-28
Genre: Law
ISBN: 1472431901

This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike.

The Regulation and Prevention of Economic Crime Internationally

The Regulation and Prevention of Economic Crime Internationally
Author: Jonathan Reuvid
Publisher:
Total Pages: 256
Release: 1995
Genre: Business & Economics
ISBN:

Underpinned by drug trafficking - the power base of organized crime, economic crime undermines the commercial effectiveness of the capital free-market, by shattering the integrity of financial institutions, commercial establishments and even governments. This white-collar crime is the inevitable concomitant of business, trade and commerce, and has long been an under-researched phenomenon.

Chasing Criminal Money

Chasing Criminal Money
Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
Total Pages: 397
Release: 2017-04-06
Genre: Law
ISBN: 1509912053

The fight against dirty money is not a new topic, nor a recent problem. It has existed within international and national agendas since the 1980s. Nonetheless, the evolving complexity of criminal skills and networks; the increasingly global dimension of crime; the financial crisis; and the alleged unsatisfactory results of the efforts hitherto undertaken cause us to re-pose and re-discuss some questions. This book addresses several issues concerning the reasons, objectives and scope of national and supranational strategies targeting criminal money, as well as the concrete modalities to overcome its obstacles. The main objective is to explore where the EU stands and where it ought to go, providing useful input for policy-makers and further research. Nevertheless, the problems are not limited to the EU area, and assets – particularly money – cross EU borders much more easily than people do. The reflections developed in the chapters, therefore, aim at going beyond these EU borders. The book is divided into two parts. The first one focuses on the core of asset recovery policies, namely confiscation or forfeiture laws, and explores in particular some issues concerning the respect of fundamental rights. The second part addresses other problematic aspects related to the asset recovery process, such as the return of assets to victim countries, the cross-border investigations on dirty money, and the social use of confiscated assets.

Money Laundering Counter-measures in the European Union

Money Laundering Counter-measures in the European Union
Author: Valsamis Mitsilegas
Publisher: Kluwer Law International B.V.
Total Pages: 226
Release: 2003-01-01
Genre: Law
ISBN: 9041121315

The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the emergence of new criminal offences; responsibilisation, consisting in the mobilisation of the private sector to co-operate with the authorities in the fight against money laundering; and the emphasis on the administration of knowledge, through the establishment of new institutions, the financial intelligence units, with extensive powers to administer a wide range of information provided by the private sector. This paradigm may pose significant challenges to fundamental legal principles and to well-established social structures and the book attempts to address this balance. This up-to-date analysis includes the provisions of the new EU money laundering Directive which was formally adopted in December 2001.

Financial Crimes

Financial Crimes
Author: Maximillian Edelbacher
Publisher: CRC Press
Total Pages: 451
Release: 2012-06-04
Genre: Business & Economics
ISBN: 1439869227

Financial market reform has focused chiefly on the threats to stability arising from the risky, uncontrolled activity of the leaders of financial institutions. Nevertheless, organized crime, white-collar crime, and corruption have a huge impact on financial systems worldwide and must also be confronted if true reform is to be achieved. A collection of articles written by experts in their fields of study, Financial Crimes: A Threat to Global Security spotlights the importance of addressing the problem of illegal financial activity as part of a greater comprehensive plan for reforming the financial sector. Drawn from the 23rd Annual Meeting of the Academic Council on the United Nations System (ACUNS) held in Vienna, the book explores the major themes discussed at this elite symposium. In the first section, the contributors examine changing concepts in security over the course of history and across nations. They discuss how an event in Austria led to the implementation of a new security philosophy that is now followed by the majority of the European Union. The book examines the diverse models of preventing security threats that have grown from that idea as well as the gradual expansion of the role of the security council of the United Nations. The next section analyzes the present state of security worldwide and examines the wide array of criminal activity that plagues the financial sector. Expert contributors reveal methods to identify certain types of behavior and criminals as well as efforts to combat illegal activity—including the role of the media. The final section investigates alternative approaches to preventing another worldwide financial disaster through investigative reporting, human factors analysis, legislative initiatives, and other methods. Filled with insight from international experts, the book highlights both the warning signs to illegal activity as well as the most effective methods for combating the invidious corruption that, if unchecked, puts all nations at risk. Maximilian Edelbacher will be appearing at three upcoming events: June 28, 2012: Roundtable in the House of the European Union in Vienna on the topic "Financial Crimes: A Threat to European Security?" October 8, 2012: Roundtable in Joannneum, Austria on the topic "Financial Crimes: A Threat to Global Security" October 9, 2012: Book presentation at the Hans Gross Museum in Graz, Austria