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Banking Secrecy And Offshore Financial Centers

Author: Mary Alice Young
Publisher: Routledge
ISBN: 0415526329
Size: 45.28 MB
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This book brings together the issues surrounding banking secrecy and confiscation of criminal proceeds. The book examines the existing legal agreements at the international, regional and national levels and their interaction in the substantive areas of confiscation, anti-money laundering and banking confidentiality laws. It looks at how these agreements have been applied in offshore financial centers and demonstrates that despite a number of legally binding UN Conventions as well as global anti-money laundering recommendations, the implementation of them is often lukewarm by those Parties who have ratified the Convention and adopted obligations, because of this the confiscation legislation is incompatible with strict banking confidentiality laws. The work draws on the experience of criminologists to offer critical insight into the legislative frameworks designed to deal with banking secrecy and confiscation in offshore financial centers. It goes on to offer suggestions for measures that may be taken by major economies to circumvent the lack of cooperation by offshore financial centers as intolerance towards money laundering grows in light of recent political and economic events. This book will be of particular interest to students and scholars of Law, Finance and Criminology.

Competition Law And Financial Services

Author: David Harrison
Publisher: Routledge
ISBN: 1134090862
Size: 30.34 MB
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Competition law underpins the market economy by prohibiting anti-competitive agreements and practices, and the abuse of dominant positions in the market. Until the financial crisis it was widely assumed that the financial services industry was highly competitive. This book explores the extent to which this is the case. By analysing crisis and pre-crisis competition law cases and examples from the UK, the EU and around the world, David Harrison asks whether there exists good reason for financial services to be treated differently from the rest of the market economy. The theory of market efficiency is not borne out in practice. He particularly draws upon John Maynard Keynes in examining the differences between price mechanisms in product markets for "normal" goods, and price mechanisms in financial and investment markets where expectations of the future tend to play a greater role, leading to greater price fluctuations. In this evaluation, the book examines aspects of the practical functioning of capital markets such as the phenomenon of herding behaviour by financial participants, how short-term behaviour by intermediaries can be to the disadvantage of savers and productive investment, the relationship between investment markets and product markets and the extent to which the same competition rules apply to undertakings involved in both. The book will be invaluable to students, researchers and practitioners of banking and finance law, and commercial and competition law. .

Institutional Structure Of Financial Regulation

Author: Robin Hui Huang
Publisher: Routledge
ISBN: 1317910648
Size: 21.47 MB
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In light of on-going global financial crises, the institutional structure of financial regulation is currently a subject of significant academic and practical interest. The financial crisis has called into question the adequacy of financial regulation at the national and supranational levels, and has instigated financial regulatory reforms in major markets overseas. This has included the enactment of the Dodd-Frank Act in the US, and the programme to split the Financial Services Authority in the UK. This book examines the institutional structure reform of financial regulation from a comparative perspective, exploring both fundamental theories and international experiences. The book explores the three main institutional structures of financial regulation in the world; the sectors-based model, adopted in the US, Mainland China and Hong Kong; the twin-peaks model with Australia and the Netherlands as its pioneers; and the single-regulator model as represented by the former Financial Services Authority in the UK and the Financial Services Agency in Japan. The book contains contributions from renowned experts in the field of financial regulation including Douglas Arner, Jeffrey Carmichael, Robin Hui Huang, Dirk Schoenmaker, and Michael Taylor, and will be of interest to students and researchers of banking and finance law, and comparative economics.

Tax Havens And International Human Rights

Author: Paul Beckett
Publisher: Routledge
ISBN: 1317210921
Size: 26.37 MB
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This book sails in uncharted waters. It takes a human rights-based approach to tax havens, and is a detailed analysis of structures and the laws that generate and support these. It makes plain the unscrupulous or merely indifferent ways in which, using tax havens, businesses and individuals systematically undermine and for all practical purposes eliminate access to remedies under international human rights law. It exposes as abusive of human rights a complex structural web of trusts, companies, partnerships, foundations, nominees and fiduciaries; secrecy, immunity and smoke screens. It also lays bare the cynical manipulation by tax havens of traditional legal forms and conventions, and the creation of entities so bizarre and chimeric that they defy classification. Yet from the perspective of the tax havens themselves, these are entirely legitimate; the product of duly enacted domestic laws. This book is not a work of investigative journalism in the style of the Pulitzer Prize-winning authors of The Panama Papers, exposing political or financial corruption, money laundering or the financing of terrorism. All those elements are present of course, but the focus is on international human rights and how tax havens do not merely facilitate but actively connive at their breach. The tax havens are compromising the international human rights legal continuum.

Money Laundering An Endless Cycle

Author: Nicholas Ryder
Publisher: Routledge
ISBN: 1136458379
Size: 20.88 MB
Format: PDF, ePub
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This book provides a detailed examination of anti-money laundering policies and legislative frameworks in a number of jurisdictions and considers how successful these jurisdictions have been in implementing international measures to combat money laundering. Looking at the instruments and proposals put in place by a number of institutions including the United Nations (UN), the Financial Action Task Force (FATF) and the European Union, the book begins by reclassifying and expanding the traditional global anti-laundering policy to include aspects such as having a national money laundering strategy in place, the implementation of international instruments and the role of government and regulatory agencies. Ryder then offers a comparative analytical review of the anti-money laundering policies adopted in the United States of America, Canada, the United Kingdom and Australia and considers to what extent they have followed and implemented the identified global anti-money laundering policy. Money Laundering – An Endless Cycle? will be of particular interest to academics and students in the fields of Law, Finance, Banking and Criminology.

Draining Development

Author: Peter Reuter
Publisher: World Bank Publications
ISBN: 0821389327
Size: 43.98 MB
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A growing concern among those interested in economic development is the realization that hundreds of billions of dollars are illicitly flowing out of developing countries to tax havens and other financial centers in the developed world. This volume assesses the dynamics of these flows, much of which is from corruption and tax evasion.

The Disruption Of International Organised Crime

Author: Angela Veng Mei Leong
Publisher: Routledge
ISBN: 1317035496
Size: 26.34 MB
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Analyzing the structures of transnational organized crime, this book considers whether traditional mechanisms and national jurisdictions can tackle this increasing menace. Highlighting the strengths and weaknesses in the present methods of control, the book discusses the possibilities of developing more effective national and international strategies, the creation of non-legal mechanisms outside the traditional criminal justice system and the implications of 'disruption strategies'. The roles of law enforcement officers, tax investigators, financial intelligence officers, compliance officers, lawyers and accountants - in enforcing both civil and criminal sanctions on organized crime - are also considered.

Principles Of Leadership And Management In Law Enforcement

Author: Michael L. Birzer
Publisher: CRC Press
ISBN: 9781439880340
Size: 56.56 MB
Format: PDF, Kindle
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Effective police organizations are run with sound leadership and management strategies that take into account the myriad of challenges that confront today’s law enforcement professionals. Principles of Leadership and Management in Law Enforcement is a comprehensive and accessible textbook exploring critical issues of leadership within police agencies. Every chapter includes key concepts, definitions, chapter objectives, and review questions. Organized in logical fashion, each new chapter builds on previous material for quick assimilation. Topics include: The evolution of the modern police department Leadership approaches and management theories Organizational structure of a police department Strategic short- and long-term planning Business approaches, including Six Sigma and COMPSTAT New technology such as computer-aided dispatch, vehicle monitoring, and crime mapping Managing police stress and the work environment Recruitment and training Legislative issues impacting police, including Title VII Policing in an era of advanced homeland security Ethical issues Suitable for a one-semester course, the book’s easy reading style minimizes the need for memorization and reinforces salient points through boxed highlighted areas. Written by three renowned criminal justice experts, this volume encourages readers to think expansively and develop new insights into the future direction of police leadership and management.

Redefining The Market State Relationship

Author: Ioannis Glinavos
Publisher: Routledge
ISBN: 1136014802
Size: 37.55 MB
Format: PDF
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This book offers an interdisciplinary overview of the role of law in modern capitalism in the context of financial crisis. In this work, the reader will find a discussion of key issues relevant to the crisis that have occupied the pages of the financial press since 2007 including an assessment of the meltdown of the sub-prime mortgage market, the credit crunch, the European debt crisis and the turmoil in Greece, plus a series of theoretical contributions that are aimed to challenge perceptions of the market-state relationship and the place of law within it. The book includes a methodological defence of the state-market dichotomy, a critique of the tenets of neoclassical economics, and an evaluation of what the financial crisis heralds for the future of the political economy of western democracies. Ioannis Glinavos argues that it is a mistake to associate markets with freedom and states with oppression, and suggests that more choice for consumers can -and does- mean less choice for citizens. The book suggests that a new social contract is needed to ensure the survival of both capitalism and democracy. In contributing a unique, legal perspective to the underlying dynamics of the financial crisis, this book will be valuable to scholars and students of regulation, financial markets and economic development.