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MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIAThus,

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  • "MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIAThus, this graph explains that the nation has a long way to go in combating thisoffence, and its achievements can be termed as the tip of the iceberg.Thus, after understanding the comparative an..

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  • "MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIAThus, this graph explains that the nation has a long way to go in combating thisoffence, and its achievements can be termed as the tip of the iceberg.Thus, after understanding the comparative analysis and after note on the differentachievement of UK and India in the war against the crime of money laundering we proceedfurther in concluding the dissertation.CONCLUSIONAfter a thorough research analysis and discussion of regulations, laws comparison of thesame between these two nations, we finally conclude all these discussions under the currentsection. Money laundering is observed to be a predicative crime that effects the developmentof the economy. This act is criminalized in both the nations in discussion. The offence ofcriminal confiscation and money laundering are inter-linked i.e. while investigating thehappenings of proceeds of crime then the offence of money laundering is definitely disclosed.The criminals who have actively participated in laundering money attempt to separatethemselves from the crime by finding safe havens that help protecting their profits andavoiding orders of confiscation such that the proceeds from those activities appear to belegitimate. From the discussions under the introductions chapter it can be understood that theact of money laundering has different forms and is divided into three states such asplacement, layering and integration, however it is not essential that every activity or proceedsinvolved in the act of money laundering in involving all these three stages of moneylaundering, it varies based on the nature of the offence.Combating the process of money laundering that helps in financing other crimes andviolations such as terrorism, is not a simple task but a dynamic process as the criminals Page 57 MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIAinvolved in this act are in continuous search for new techniques to do the act and satisfy their83 illicit motive. The criminals who deal with the activities of money laundering havecompleted with the legislations of all the nations they want to continue their activity. Thedissertation has also briefly specified the negative impact the proceeds of money launderingand money laundering on the business, economy and society of the nation.As we observe that many nations are trying their level best in reducing the offence of moneylaundering through international cooperation, multiple conventions and agreements thecriminals are launderers are targeting the nations that have week legislature and has notenacted the required laws for combating this crime. With a huge network of information thelaunderers try methods to overrule the provisions of any legislature.As per the discussions it can be presumed that both the nations UK and India have triedeffectively in recognizing the offence of money laundering and measures for eradicating thesame. In addition to these two nations all the nations globally have taken a step ahead incombating the process of money laundering. Irrespective of its GDP every nation is targetedby the money laundering offenders who always plan to maintain different hubs and stations inexpanding their network in the said economy.Additionally, it can be observed that based on the history of money laundering in both Indiaand UK it would be helpful for you to understand the reason behind the framing ofconsolidated laws on money laundering which include extraction from other acts governed bythe nation. Thus, from detailed discussion made under different sections above it can beconcluded that irrespective of the measures taken to curb it the act of laundering money isstill at large globally because the individuals involved in this act are not just targeting the83Same as note 7 Page 58 MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIAwitnesses of the offence but also the judges. This means of targeting by the criminalorganizations effect the judicial proceeding in not just money laundering criminal cases butmost of the criminal offences. Thus, it is essential that the government implement measuresto protect and safeguard witnesses and judges who actually need it. One of the nations thatacts as a successful nation in the area of witness protection is Italy.Additionally, it can be concluded that the existence of laws per se is not the issue but lack ofproper means for effective enactment of these laws is the main issue that every judiciary hasto combat for combating the offence of money laundering. In addition to explaining theoffences under different legislations the dissertation has also briefly discussed certainmeasures such as transparency, maintenance of records, international cooperation betweenthe department of police and other legal officials, training to legal officers, maintaining acontrol and check over the private sector and monitoring the banking and financial sectors,etc., as means for combating the offence of money laundering.On a final note it is concluded that irrespective of its economic and legal structure everynation is tainted by the crime of money laundering and this dissertation did help us inunderstanding how and when money laundering entered the society of these two nations andhow all the nations globally are waging war against this activity. Additional note to theconclusion is that instead of the different legislations enacted by the nation, the offence ofmoney laundering cannot be uprooted from the economy and society unless every individualtakes it as a responsibility from their end and fight against it or protect people fighting againstit. Page 59 MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIABIBLIOGRAPHYPRIMARY SOURCELEGISLATION? Prevention of Money Laundering Act, 2002? Interpol General Secretariat Assembly in 1995 http://www.interpol.int/Crime- areas/Financial-crime/Moneylaundering ? UNODC , “Global Programme Against Money Laundering”, www.unodc.org. ? GDP, current prices, from the IMF [28], World Economic Outlook Database, April2009. The Exchange rate from www.xe.com based on the conversion rate on the 1st ofJuly of the estimated year.? Commencement No. 4, Transitional Provisions & Savings Order 2003? 4th EU Money Laundering Directive? International Narcotics Control Strategy Report, 2006? Directive 2001/97/EC of the European Parliament and of the Council of 4 December2001 amending Council Directive 91/308/EEC on Prevention of the Use of theFinancial System for the Purpose of Money Laundering - Commission Declarationhttp://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0097:EN:HTML? Third Mutual Evaluation Report 2003 - UK? United Nations General Assembly, International Convention for the Suppression ofthe Financing of Terrorism, 9 December 1999, No. 38349;http://www.un.org/law/cod/finterr.htm ? Anti-money laundering annual report 2012/13, Financial Conduct Authority, July2003, page nos. 1 to 17; http://www.fca.org.uk/static/documents/anti-money- laundering-report.pdf ? Money Laundering Regulations: apply for the fit and proper test, HM Revenue &Customs, Business Tax Guidance, February 2015;https://www.gov.uk/guidance/money-laundering-regulations-apply-for-the-fit-and- proper-test ? Money Laundering Regulations: report suspicious activities, HM Revenue &Customs, Business Tax Guidance, October 2015;https://www.gov.uk/guidance/money-laundering-regulations-report-suspicious- activities ? UK Director of Public Prosecutions (2009), "Written evidence by the CrownProsecution Society (CPS);http://www.parliament.uk/documents/upload/F070DirectorPublicProsecutionsCPS120 209.pdf? The Unlawful Activities (Prevention) Act, 1967 (UAPA), as amended in 2004 and2008? Financial Action Task Force - The 1989 G-7 Summit FATF 40 Recommendations? The Proceeds of the Crime Act 2002? The Criminal Justice Act 1993, ? The Drug Trafficking Act 1994? European Union directives such as 91/308/EEC, 2001/97/EC and 2005/60/EC Page 60 MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIA? Theft Act 1968 ? The Misuse of Drug Act 1971? The Prevention of Money Laundering (Amendment) Bill, 2011? The Income Tax Act, 1961? The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 (COFEPOSA)? The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPSA) ? The Smugglers and Foreign Exchange Manipulators Act, 1976 (SAFEMA) ? The Benami Transactions (Prohibition) Act, 1988? The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,1985? The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,1988 ? The Foreign Exchange Management Act, 2000, (FEMA)? The Criminal Law Amendment Ordinance, 1944? Terrorism Act, 2000CASE LAWS? Baden Delvaux and Lecuit v. Societe Generale (1983) BCLC 325? Re Montagu?s Settlement Trusts (1987) Ch264? Agip (Africa) Ltd v Jackson (1992) 4 All ER 385? Finers v Miro (1991) 1 All ER 182? R v Anwoir [2008] EWCA Crim 1354? Anosh Ekka vs Central Bureau Of Investigation on 9 December, 2011 B.A. No. 6759of 2011? Abdul Karim Telgi and Sohail Khan vs. Union of India, through CBI, 2014(2)JLJ136? Iqbal Mohammed Memon vs. State Of Maharashtra (1996 CriLJ 2418)? Hajra Iqbal Memon vs. Union of India (AIR 1999 Delhi 271)? R v Khannani[2009] E.W.C.A. Crim 276SECONDARY SOURCEBOOKS? Abbia Udofia, Recovering Proceeds of Crime – A Comparative Study of the Nigerianand the UK Legal Framework, September 2012, p. no.1? Vijay Kumar Singh, Controlling Money Laundering in India – Problems andPerspectives, p. no 1? Lewis H. Lapham (b. 1935), U.S. essayist, editor Money and Class in America, ch. 8(1988), the Columbia Dictionary of Quotations Halsbury Laws of England, 4th Ed.,Vol. 32 para 102 p. 63? Saxena Paridhi, Money Laundering in India, NLU, page no. 2;http://www.nja.nic.in/4.1.%20Paper- %20Money%20Laundering_1_%20Paridhi%20Saxena.pdf? Alkaabi Ali, Mohay George, McCullagh Adrian and Chantler Nicholas, AComparative Analysis of the Extent of Money Laundering in Australia, UAE. UK andthe USA, P. no. 1; http://ssrn.com/abstract=1539843 Page 61 MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIA? Jeffrey Robinson,The Laundrymen - Inside Money Laundering, The World's ThirdLargest Business, Kindle Edition, 2009? Pieth Mark and Aiolfi Gemma,Anti-Money Laundering: Leveling the Playing Field,Governance – Basel Institute of Governance, p.nos 6-9;https://www.baselgovernance.org/sites/collective.localhost/files/publications/biog_wo rking_paper_01.pdf? Alkaabi Ali, Mohay George, McCullagh Adrian and Chantler Nicholas, AComparative Analysis of the Extent of Money Laundering in Australia, UAE, UK andthe USA, Information Security Institute, Queensland University of Technology, p.nos.1-13.? Araujo, R. (2008) Assessing the Efficiency of the Anti-Money LaunderingRegulation: An Incentive-Based Approach. Journal of Money Laundering Control, 11,67-75.http://search.proquest.com/docview/235884174/90657AAB58E845E2PQ/1?accountid =42340 http://dx.doi.org/10.1108/13685200810844505 ? Scott, David, Money Laundering and International Efforts to Fight It. Public Policyof the Private Sector, Public Policy for the Private Sector, Note No. 48,1995;http://www.worldbank.org/html/fpd/notes/48/48scott.pdf; ? Quirk, Peter J., Money Laundering: Muddying the Macro economy, Finance andDevelopment. International Monetary Fund. March. Vol. 34, No. 1, p. 8, 1997:http://www.imf.org/external/pubs/ft/fandd/1997/03/pdf/quirk.pdf. ? Zohar, Chaim, Indian Parliament Moves to Finally Implement Money LaunderingLaws, see Alagiri, p.86? Bosworth-Davies and Saltmarsh, Money-Laundering – A practical guide to the NewLegislation, published by Chapman & Hall, 1994, p. no. 17 para 1.4.1? Sharpe M.E, Money and Morals Worldwide, First Annual report, 1995, p. No. 41 to45? Lal Bhure,Money Laundering – An insight into the Dark World of Financial Frauds,Siddharth Publications, Page no. 206 to 211, January 2003? C. Satapathy, Money Laundering: New Moves to Combat Terrorism, Economic andPolitical Weekly, Vol. 38, No. 7 (Feb. 15-21, 2003), pp. 599-602? Chapter – IV Money Laundering in India: An Offshoot of Drug Trafficking, page nos248 to 250JOURNALS & ARTICLES? Narendra Modi Government plans to crack down on domestic money laundering,issues answers to FAQs, Source: http://articles.economictimes.indiatimes.com/2015- 07-07/news/64178032_1_black-money-revenue-secretary-shaktikanta-das- undisclosed-foreign-assets? Introduction to Money Laundering, UNODC;https://www.unodc.org/unodc/en/money-laundering/introduction.html ? Chapter 5 – Money Laundering Offence, The Law Society, October 2013;http://www.lawsociety.org.uk/support-services/advice/practice-notes/aml/money- laundering-offences/ ? Anti-Money Laundering Guidance and Procedures,Wealdon District Council, p. no.2 Page 62 MONEY LAUNDERING-COMPARATIVE ANALYSIS-THE UK &INDIA? Anti-money Laundering Challenges, Financier Worldwide , Talking point – fraud &Corruption; http://www.financierworldwide.com/anti-money-laundering- challenges/#.VfHi3p-qqko? Wood Helena, FATF 2018: Assessing the UK?s Anti Money-Laundering Efforts, RUSIAnalysis, July 2015;https://www.rusi.org/analysis/commentary/ref:C55818D0A18AEC/#.VfHmHJ-qqko ? Armitage Jim, Britain's £100bn-a-year money-laundering problem: police only actedforcefully on seven reports of grand corruption last year, The Independent, August,2015; http://www.independent.co.uk/news/business/news/police-lack-resources-to- carry-out-moneylaundering-investigations-10309052.html ? Sheffield Hazel, HSBC to pay record £28 million settlement in Geneva moneylaundering probe, The Independent, August, 2015;http://www.independent.co.uk/news/business/news/hsbc-to-pay-record-28-million- settlement-in-geneva-money-laundering-probe-10297603.html?origin=internalSearch? Prabhakar Sinha, “Funny Money is Serious Biz”, The Times of India, New Delhi,March 2005? Somwanshi Singh Sanjay,Prevention of money laundering act, 2002: an overview,Legal Service India; http://www.legalserviceindia.com/articles/mlau.htm ? Anti-Money Laundering in India, A survey by World-Check and BMR Advisors,August 2009, Page no. 2;http://www.bmradvisors.com/upload/documents/AML%20Survey%20Report%20Sep 20091251965180.pdf? “Corrupt politicians in India”, Blitz, http://www.weeklyblitz.net/1663/corrupt- politicians-in-india? Combating the Peril of Money Laundering, Indiaforensics;http://indiaforensic.com/whatisml.htm ? Financial Action Task Force, “Third Mutual Evaluation Report: Anti-MoneyLaundering and Combating the Financing of Terrorism – The United Kingdom ofGreat Britain and Northern Ireland”, (n 126) 283 ? Agarwal, J.D. and Aman Agarwal, Money Laundering : New Forms of CrimeVictimization Page 63 "

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