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Journal ArticleDOI

Money laundering, new technologies, FATF and Spanish penal reform

10 Nov 2013-Journal of Money Laundering Control (Emerald Group Publishing Limited)-Vol. 16, Iss: 3, pp 266-284
TL;DR: In this paper, the authors examine new technologies, typologies, FATF recommendations and the last Spanish penal reform on money laundering, and analyze the amendments made recently in the Spanish Criminal Code regarding money laundering.
Abstract: Purpose – This paper attempts to examine new technologies, typologies, FATF recommendations and the last Spanish penal reform on money laundering.Design/methodology/approach – The paper describes the potential provided via internet and electronic transfers, prepaid cards and payment services with mobile phones for executing money laundering, and comments on the Spanish penal reform on this crime.Findings – The study finds that the new payment systems facilitate money launderers’ criminal activity. However, the development of technologies, including the internet, has unquestionable advantages involved, and even provides verification of identity or other duty of surveillance for the prevention of money laundering. Also, this paper analyzes the amendments made recently in the Spanish Criminal Code regarding money laundering.Originality/value – This paper would be beneficial to the legislature. Future development of measures for the prevention of money laundering should take into account all potential threats...
Citations
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Journal ArticleDOI
TL;DR: In this paper, the authors examined the relationship between the regulated online gambling sector in Great Britain and potential for money laundering and found that respected online gambling sites in highly regulated jurisdictions are helping in tackling money laundering.
Abstract: Purpose – The purpose of this paper is to examine the “relationship” between the regulated online gambling sector in Great Britain and potential for money laundering.Design/methodology/approach – Direct “negotiated” access and a snowball sample were used to secure five interviews with gambling personnel.Findings – The paper shows that respected online gambling sites in highly regulated jurisdictions are helping in tackling money laundering.Research limitations/implications – Only a limited number of people were interviewed.Originality/value – The paper presents interviews with key personnel in the gambling industry, in anti‐money laundering, fraud and integrity units.

27 citations

01 Jan 2016
TL;DR: Hayble-Gomes et al. as discussed by the authors explored the strategies that compliance officers used to improve the AML program in a multinational bank in the northeastern United States and found that advanced technology, employee trainings and management oversight are essential to improve AML programs.
Abstract: The Economic Impact of Deficient Anti-Money Laundering Program to a Multinational Bank by Emmanuel Ehimen Hayble-Gomes MBA, Jacksonville University, 2010 BSc, Ambrose Alli University, 2003 Doctoral Study Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Business Administration Walden University September 2016 Abstract Money laundering is a financial crime that threatens the stability of a country’s financial sector. The purpose of this qualitative case study was to explore the strategies that compliance officers used to improve the AML program in a multinational bank in the northeastern United States. The target population was purposefully selected using bank compliance officers because they have experience with the strategies to improve the AML program. The normative neo-institutional theory framed the discussion of thisMoney laundering is a financial crime that threatens the stability of a country’s financial sector. The purpose of this qualitative case study was to explore the strategies that compliance officers used to improve the AML program in a multinational bank in the northeastern United States. The target population was purposefully selected using bank compliance officers because they have experience with the strategies to improve the AML program. The normative neo-institutional theory framed the discussion of this study. Data were collected from interviews with 10 AML compliance officers and the achieved data. The Krippendorff method of content analysis was used to analyze the data. Six themes emerged from the findings including strategies to improve AML compliance in a multinational bank and the economic consequences of inadequate AML programs. The findings of the study show that advanced technology, employee trainings and management oversight are essential to improve AML program. The results of these analyses suggested the pervasive economic and social repercussions of money laundering on the multinational bank. The findings of the study may contribute to positive social change by identifying strategies that banking leaders could incorporate in the AML programs to reduce the risk of bank failures, promote the bank’s participation in social development projects, and provide employment opportunities to the community members. The Economic Impact of Deficient Anti-Money Laundering Program to a Multinational Bank by Emmanuel Ehimen Hayble-Gomes MBA, Jacksonville University, 2010 BSc, Ambrose Alli University, 2003 Doctoral Study Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Business Administration Walden University September 2016 Dedication I dedicate this study to my God, my family, and friends as well as to my colleagues who recognized and supported me throughout the doctoral study. I particularly want to express deep thanks and dedication to Mary Mabo Hayble, Nadine Salmon and Judith Namagembe for their tremendous support and unconditional love throughout this challenging and difficult journey. Acknowledgments I am particularly thankful to God for the strength and courage to pursue a doctoral degree at this level of education. I am deeply thankful to Dr. Freda Turner and my committee chair Dr. Frederick Nwosu who never gave up on my dream of becoming a Doctor even in the face of difficulty from multiple angles. I am thakful to Dr Tim Truitt, the second committee member, Dr. Kevin Davies, the University Research Reviewer (URR) for their feedbacks and support during this journey. I also want to acknowledge my Walden classmates who motivated me as I traveled through the rigorous doctoral journey. I want to take this opportunity to thank Hastings Eboigbe Hayble, Angelina Williams, Nesley Souaric, Alvin Gordon, Makinda John-Baptise, Sha-Kerra Powell, Mwaka Mahanga, and Tamara Hosford for their steady support and encouragement. A special thanks and acknowledgement goes to my management team especially Greg Gander my manager and John Gray the Deputy Business Leader. This journey wouldn’t have been possible without the support, expertise and motivation of these individuals.

12 citations


Cites background from "Money laundering, new technologies,..."

  • ...The 12 development of a future measure to prevent money laundering should consider the threats to trade and economic development; the measures should also include reforms to the internet and new technologies to detect money laundering (Abel Souto, 2013)....

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Journal ArticleDOI
TL;DR: In this paper, the authors discuss the arguments put forward and put them in context with regard to their political, ethical and legal implications, and address the question whether drawing upon the "spirit of sport" as defined in the World Anti-Doping Code is warranted in view of supporting the idea of criminalising doping, and finally present counter arguments that plead against the criminalisation of doping.
Abstract: We critically discuss a recent paper in favour of criminalising doping in the legal order of the UK. We revisit the arguments put forward and put them in context with regard to their political, ethical and legal implications. On this basis, we then address the question whether drawing upon the ‘spirit of sport’ as defined in the World Anti-Doping Code is warranted in view of supporting the idea of criminalising doping, and finally present counter arguments that plead against the criminalisation of doping.

12 citations

01 Jan 2011
TL;DR: In this paper, a polemica doctrinal en torno a la notion of considerar al delito fiscal como actividad delictiva previa del blanqueo de capitales mantiene aun viva.
Abstract: La polemica doctrinal en torno a la posibilidad de considerar al delito fiscal como actividad delictiva previa del blanqueo de capitales se mantiene aun viva. Las opiniones doctrinales contrarias a ello parecen ser mayoritarias. Sin embargo, la Fiscalia se muestra favorable y ya ha iniciado procedimientos por ambos delitos. El Tribunal Supremo no se ha manifestado aun, pero seguramente estara obligado a pronunciarse en un futuro no muy lejano. El presente trabajo persigue arrojar luz sobre este complicado tema, examinando los terminos en los que se ha desarrollado el debate en otros paises, y exponiendo la situacion en el Derecho comparado. Asimismo ofrece una panoramica de los problemas que plantea la compatibilidad entre ambos delitos en el Derecho espanol, y ofrece criterios detallados para solucionarlos. Todo ello tomando como punto de referencia la nueva y expansiva regulacion del delito de blanqueo de capitales tras la reforma mediante la LO 5/2010

4 citations

01 Jan 2010
TL;DR: The reforma del Codigo Penal, presented en virtud de la LO 5/2010, de 22 de junio, responde a un contexto internacional perfectamente definido: expansion, no muy ordenada, de la intervencion del Derecho penal.
Abstract: La reforma del Codigo Penal producida en virtud de la LO 5/2010, de 22 de junio, responde a un contexto internacional perfectamente definido: expansion, no muy ordenada, de la intervencion del Derecho penal. En algunos aspectos, la reforma opta por soluciones propias, que tampoco son convincentes. Sus aportaciones especificas a problemas de la coyuntura espanola, si bien tienen la virtud de poner fin a disputas inacabables de instituciones del Estado, no siempre hallan el punto medio virtuoso.

3 citations

References
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Book
13 May 2010
TL;DR: Focusing on Australia, Canada, the UK and the US, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes.
Abstract: We live in a digital age The proliferation of digital technology, and the convergence of computing and communication devices, has transformed the way in which we socialise and do business While overwhelmingly positive, there has also been a dark side to these developments Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called 'cybercrimes' Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology The challenge for all countries is to ensure their criminal laws keep pace The challenge is a global one, and much can be learned from the experience of other jurisdictions Focusing on Australia, Canada, the UK and the US, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes

161 citations


"Money laundering, new technologies,..." refers background in this paper

  • ...There are also new “money mules” recruited by email with the excuse of having an opportunities to work at home through internet, which is sometimes the only payment they receive is criminal prosecution for money laundering (Clough, 2010, pp. 187-188)....

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Book
01 Jan 1980

127 citations


Additional excerpts

  • ...…objects (Arzt, 1993, p. 913; Bottke, 1995a, p. 90; Cebulla, 1999, p. 286; Häcker, 2006, p. 1486; Helmers, 2009, p. 511; Hetzer, 1993, p. 3299; Knorz, 1996, p. 31; Körner and Dach, 1994, p. 15; Lackner and Kühl, 2007, p. 1134; Stree, 2006, p. 2168; Tröndle and Fischer, 2010, p. 1754)....

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Journal ArticleDOI
TL;DR: The authors examines whether public tolerates white-collar offenders operating with relative impunity because of widespread public and governmental apathy, and concludes that public toleration of white-collusion is low.
Abstract: Conventional wisdom holds that white‐collar offenders operate with relative impunity because of widespread public and governmental apathy. The present study, however, examines whether public tolera...

44 citations


"Money laundering, new technologies,..." refers background in this paper

  • ...…fraud labels on the justification of punishment (Fernández Steinko, 2012, pp. 908-931) and impact of media scandals in the criminal treatment more rigorous (Slyke and Bales, 2012, pp. 217-246), in 2010 research related money laundering in Spain have increased by 31 per cent compared to 2009…...

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Journal ArticleDOI

44 citations


"Money laundering, new technologies,..." refers background in this paper

  • ...Concern about this sector is more than justified (FATF, 2008b, pp. 1-36), because among the most common mechanisms of money laundering is the use of traders precious stones and metals ( Jurado and Garcı́a, 2011, pp. 171), as evident in the case of gold being found in investigations of money laundering on the Russian mafia in Italy (Varese, 2012, p. 242)....

    [...]

  • ...…pp. 1-36), because among the most common mechanisms of money laundering is the use of traders precious stones and metals ( Jurado and Garcı́a, 2011, pp. 171), as evident in the case of gold being found in investigations of money laundering on the Russian mafia in Italy (Varese, 2012, p. 242)....

    [...]

  • ...Thus, the study of the framework of the Mafia recently published by VARESE criminal goods arrived in Italy by a large network of individuals who traveled from Russia with cash (Varese, 2012, p. 242)....

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  • ...In similar vein, the Spanish Government, having more closely in mind its tax collection purposes, approved in the council of ministers of 22 June 2012 a bill to combat tax fraud, given the legislative experience of other EU countries like France and Italy, limited to 2,500 euros cash payments for operations involving businessmen or professionals (Ley 7/2012, 2012, article 7)....

    [...]

  • ...…increased 67 per cent in 2011 (Boletı́n, 2010, pp. 14-15, 2012, p. 37) – contrary to criminological studies on local activity of criminal organizations (Varese, 2012, pp. 235-253, which against the description of outposts of the Sicilian Mafia in Germany, Chinese triads in Holland and Colombian…...

    [...]

01 Jan 2011

31 citations


"Money laundering, new technologies,..." refers background in this paper

  • ...To avoid jeopardy (Martı́nez-Buján Pérez, 2011, pp. 493-494) the typus should be interpreted as meaning that the possession by the authors or participants in the preceding fact as laundering is punishable only when this is not possible to sanction them for the previous crime (Quintero Olivares,…...

    [...]

  • ...To avoid jeopardy (Martı́nez-Buján Pérez, 2011, pp. 493-494) the typus should be interpreted as meaning that the possession by the authors or participants in the preceding fact as laundering is punishable only when this is not possible to sanction them for the previous crime (Quintero Olivares, 2010b, p. 20, a, p. 110)....

    [...]

  • ...…trafficking (Abel Souto, 2009, pp. 244-245), to which two new aggravations are added, “the area of operation of the basic typus is reduced (Martı́nez-Buján Pérez, 2011, p. 499), “substantially in favour of aggravation” (Manjón-Cabeza Olmeda, 2010, p. 345), so that the basic typus is almost…...

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  • ...Historically, the draft 2008 still contained the word “crime” (Diego Dı́az-Santos, 2009a, p. 27), that the Fiscal Council proposed, in its report (Manjón-Cabeza Olmeda, 2010, p. 340; Martı́nez-Buján Pérez, 2011, p. 485), replacing with the phrase “criminal activity” (Diego Dı́az-Santos, 2009b, p. 198), in order to highlight that “the existence or the formal record of previous convictions” (Queralt Jiménez, 2010, p. 1295) by the base offense of property deriving to money laundering (Vives Antón and González Cussac, 2010, CD, 6.5.11), is not necessary, which was already evident to doctrine and jurisprudence (Abel Souto, 2011a, pp. 12-13, b, pp. 72-73)....

    [...]

  • ...…the word “crime” (Diego Dı́az-Santos, 2009a, p. 27), that the Fiscal Council proposed, in its report (Manjón-Cabeza Olmeda, 2010, p. 340; Martı́nez-Buján Pérez, 2011, p. 485), replacing with the phrase “criminal activity” (Diego Dı́az-Santos, 2009b, p. 198), in order to highlight that “the…...

    [...]