THE INTERNATIONAL REACH OF US AML STATUTES

This is one of the freely available chapters in the International Comparative Legal Guide (ICLG) published online on 14 May

https://iclg.com/practice-areas/anti-money-laundering-laws-and-regulations

 

 

 

 

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ANTI-MONEY LAUNDERING LAWS AND REGULATIONS 2020

The International Comparative Legal Guides (ICLG) published online on 14 May, with free online access, this publication which covers issues including criminal enforcement, regulatory and administrative enforcement and requirements for financial institutions and other designated businesses in 26 jurisdictions.  As well as country-specific chapters on the jurisdictions, the publication also has articles on –

  • The international reach of US AML statutes;
  • EU legislation in the area of AML: historical perspective and where is it going?
  • The intersection of money laundering and real estate; and
  • AML in the Asian-Pacific (APAC) region: an overview of the international law enforcement and regulatory framework

https://iclg.com/practice-areas/anti-money-laundering-laws-and-regulations

 

 

 

 

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ALTHOUGH IT MAY BE ATTRACTIVE TO USE A CONSPIRACY CHARGE A PROSECUTION CAN COME UNSTUCK IF ONE FRAMES A SINGLE CONSPIRACY CHARGE TOO WIDELY

A post from Corker Bining on 15 May considers the above, saying that the SFO and other criminal law enforcement bodies in England and Wales often charge offences of conspiracy – as opposed to substantive offences – when prosecuting groups of defendants accused of financial crimes.  The post cautions that, however attractive it may be to secure certain advantages by prosecuting a conspiracy, a prosecution can come unstuck if a broad-brush approach results in framing a single conspiracy charge too widely – and 2 recent decisions illustrate what can go wrong when prosecutors ignore or misunderstand the fundamental legal principles of conspiracies.

https://www.corkerbinning.com/when-criminal-conspiracies-come-unstuck/

 

 

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CAN A DEFENDANT ATTEND FINAL CONFISCATION HEARINGS VIA AUDIO/VIDEO LINKS DURING THE COVID-19 LOCKDOWN? YES, IF…

On 13 May, 5 St Andrew’s Hill Chambers published an article posing this question.  It says that disagreement and divergent approaches have been involved since the Coronavirus Act 2020 amended the Crime and Disorder Act 1998.  The article looks at the relevant case law and legislation and concludes that,  while defendants may not appear via live audio link, they may appear by live video link if the judge considers certain circumstances are met.

https://www.5sah.co.uk/news-and-events/articles/2020-05-13/is-it-permissible-for-a-defendant-to-attend-final-confiscation-hearings-via-audio-and-or-video-link-during-the-coronavirus-covid-19-pandemic-court-lock-down

 

 

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UK: FRAUD UNDER THE FURLOUGH SCHEME

A brief from Church Court Chamber examines the threats as billions of pounds is paid in grants to companies, and potential new loopholes and opportunities for fraud.   It says that HMRC is aware of this and has even set up a specialised whistleblower line.  The article explores the government scheme and the potential criminal offences for anyone found to have made fraudulent claims under the scheme.

https://churchcourtchambers.co.uk/wp-content/uploads/2020/05/Furlough-Fraud-Article-1.pdf

 

 

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