NCJ Number
158487
Journal
Dickinson Journal of International Law Volume: 13 Issue: 3 Dated: (Spring 1995) Pages: 391-422
Date Published
1995
Length
32 pages
Annotation
After examining the nature and processes of money laundering, this article examines British law that mandates asset forfeiture for money obtained from specified illegal activities, along with legislation pertinent to combatting money laundering.
Abstract
This article defines money laundering as "a process that obscures the origin of money and its source." A section that discusses why money laundering occurs advises that it occurs not only to hide money earned from illegal activities, but also to hide the funding for intelligence services and security networks. Other sections address the legal difficulties posed by money laundering, the money laundering process, facilitation of the money laundering process through underground banking, and how the British criminal law combats money laundering. The concluding section discusses the civil liability incurred by the money launderer. The author notes that British laws designed to remove the profits and assets from sophisticated and internationally mobile criminals provides an incentive to engage in money laundering; therefore, asset forfeiture programs must be based on laws that render the laundering of money and derivative wealth a specific criminal offense. Britain has become increasingly concerned about the effectiveness of the criminal law in dealing with serious frauds. The Director of Britain's Serious Fraud Office is currently calling for fraudsters to be pursued through noncriminal procedures such as administrative and civil proceedings. 117 footnotes