Enforcing International Corrupt Practices Law

This Essay strives to advance the current international movement todeter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws

Investigative Practices for Large Money Laundering Crimes

Reportedly, governments, states departments, analysts and law enforcement state, money laundering has a corrosive effect on a country’s economy. The degree of destruction caused by money laundering interrupts the business flow, runs the risk of financial burdens on banks, and ruins countless countries’ reputation for allowing widespread laundering. Money laundering’s significant consequences are the exposure to the communities; because of the criminal elements individuals are subjected to laundering, i.e., fraud, drug trafficking, and other financial crimes” (Freeman, 2011). It is no surprise that internationally all communities want the battle against money laundering and its use to finance terrorism to become a priority. Therefore, investigators’ efforts focus on the protection of integrity, the international front of financial systems. Money is the lifeblood for many terroristic organizations, which is why money-laundering investigations focus on stopping the flow of funds and availability to terrorists, in hopes of causing difficulty in profiting from the criminal aspects. Surveillance and expertise in financial investigations, are an essential part of an international attempt to combat money laundering and run interference to financing terrorism (Freeman, 2011). The strategy is to reassert commitments to secure financial systems from all criminals and financiers of terror. This investigative report will focus on money laundering and the various illegal forms it takes. In addition it will identify the techniques and the many countermeasures used to detect and prosecute those who manipulate currency in an effort to help terroristic causes. Existing international standards and vital international players are assisting in the fight against money laundering and terrorist financing. Combating money laundering will take a team effort (Freeman, 2011)

UNITING U.S. AGENCIES TO FIGHT THE ILLICIT USE OF CRYPTOCURRENCY

In 2022, the Biden administration published an executive order in which the growing use of digital assets was deemed a national security threat. While this thesis focuses on cryptocurrency, it is more broadly about how the United States can—and should—employ a whole-of-government approach to counter a continuously evolving and adapting threat environment. This thesis begins by examining several assumptions regarding malign actors’ adaptations, the adoption and use of emerging technologies by these actors, and strategies for the United States in applying its instruments of power to combat these developments. The research assumes that many adversarial entities engage in multiple activities, such as terrorism, insurgency, and criminality; as these organizations form new alliances, they are also developing new evasion techniques; and this increasingly amorphous threatscape, defined by new malign alliances and technological tools, will require the United States to utilize the entire homeland security enterprise, from the Department of Defense to law enforcement, to confront these actors. This thesis utilizes these assumptions as a foundation to construct an informed policy options analysis that puts forth potential, long-term frameworks to counter this growing diversity of threat actors and their use of increasingly technical and sophisticated tools of evasion.Civilian, Department of Homeland SecurityApproved for public release. Distribution is unlimited

The fight against illicit finance: A critical review of the Labour government's policy

The aim of this article is to identify and critically consider the effectiveness of the Labour government's policy towards financial crime. The article highlights the general threat posed by financial crime, yet concentrates on the government's policies towards money laundering, fraud and terrorist financing. © 2011 Macmillan Publishers Ltd

A Survey of Operations Research and Analytics Literature Related to Anti-Human Trafficking

Human trafficking is a compound social, economic, and human rights issue occurring in all regions of the world. Understanding and addressing such a complex crime requires effort from multiple domains and perspectives. As of this writing, no systematic review exists of the Operations Research and Analytics literature applied to the domain of human trafficking. The purpose of this work is to fill this gap through a systematic literature review. Studies matching our search criteria were found ranging from 2010 to March 2021. These studies were gathered and analyzed to help answer the following three research questions: (i) What aspects of human trafficking are being studied by Operations Research and Analytics researchers? (ii) What Operations Research and Analytics methods are being applied in the anti-human trafficking domain? and (iii) What are the existing research gaps associated with (i) and (ii)? By answering these questions, we illuminate the extent to which these topics have been addressed in the literature, as well as inform future research opportunities in applying analytical methods to advance the fight against human trafficking.Comment: 28 pages, 6 Figures, 2 Table

Unwanted entailments of the current EU AML/CFT regime

Dissertation presented as the partial requirement for obtaining a Master's degree in Law and Financial MarketsA presente tese visa investigar, de forma pragmática, a batalha contra o financiamento do terrorismo e o branqueamento de capitais no contexto do quadro europeu existente, bem como algumas das suas repercussões indesejadas. Para atingir esse objetivo, foi dada uma elucidação abrangente de todo o processo. A investigação, a acusação e a punição de todas as formas de enriquecimento ilícito estão atualmente em voga, bem como, sem dúvida, o financiamento do terrorismo. A monitorização das transações recebeu uma ênfase especial porque é a génese de alertas automatizados de atividades invulgares, dentro de um esquema complexo de relatórios. Foi utilizada uma abordagem técnica do instrumento, especialmente para ilustrar os custos de contingência e prudenciais esperados das instituições financeiras. Os determinantes dos fatores de risco num dado contexto também estavam sob escrutínio, bem como a necessidade de transparência num dado sistema. A tese também elucidou a incongruência de questões de aparente interesse público, nomeadamente a prevenção do branqueamento de capitais e financiamento do terrorismo e as suas reflexões negativas na proteção do consumidor e na integração financeira.The current thesis aimed to pragmatically investigate the battle against terrorism financing and money laundering in the context of the existing European framework, as well as some of its unintended repercussions. To achieve that goal, a comprehensive elucidation of the whole process was given. Investigation, prosecution, and punishment of all forms of illicit enrichment are currently in vogue., as well as, undoubtedly, the financing of terrorism. Transaction monitoring was given a special emphasis because it is the genesis of automated alerts of unusual activities, within a complex reporting scheme. A technical approach of the tool was utilized, especially to illustrate the contingency and prudential costs expected of financial institutions. The determinants of risk factors in given context were also under scrutiny, so was the need for transparency in given system. The thesis also elucidated the incongruity of two seemly public interest matters ML-FT prevention and its negative reflections in consumer protection and financial integration

To amend, repeal or enact: Analysing the legislation that regulate anti-illicit financial flows in Namibia's Natural Resources Sector

This dissertation is premised on the understanding that the legislation meant to curtail illicit financial flows (IFFs) in Namibia is poorly drafted and does not adequately curtail IFFs in the country's natural resource sector resulting in low levels of domestic resource mobilization. IFFs refer to the illegal gain and/or movement of money between entities and persons. Namibia's natural resources span from its sustainable fishing sector to various non renewable mineral resources such as uranium, gold, diamonds, tin, copper, cadmium, lead, lithium, vanadium, salt, and zinc. The country is resource rich and politically stable. However, despite this its industrialization is stagnant and its development is rudimentary with about a third of its population living in extremely poor socio-economic conditions. Over the past decade, it has become increasingly evident that Namibia's efforts to curb IFFs have not yielded the desired results. In this regard, Namibia's anti-illicit financial flow laws do not adequately prevent IFFs within the natural resources sector. To paint the full picture of Namibia's anti-IFF legal framework, this dissertation engages in the monism versus dualism debate to ascertain Namibia's position concerning international law within its territory. Evaluating Namibia's international law position and the treaties that apply in Namibia allows this dissertation to ascertain whether the country can use international law to better equip its law enforcement, regulators, and courts with more effective rules for regulation and prosecution. Following this evaluation, this dissertation analyses Namibia's national laws aimed at curbing IFFs in its natural resource sector. From this analysis, this dissertation draws its conclusion that, although there are a few gaps within these laws, the identified shortcomings are material in that their absence greatly undermines the aims and functions of the legislation and their enforcement bodies. Finally, this dissertation proffers recommendations to cure the mischief identified