Search results for "Money laundering"
showing 10 items of 26 documents
Italy: money transfer, money laundering and intermediary liability
2020
Purpose This paper aims to offer a general overview of money transfers in Italy and Europe focussing specifically on the migrant community. This is of particular interest because it is in that community where money transfers are most prevalent. This shows the money transfer system as a tool that could guarantee the financial inclusion of migrants but at the same time being used in a distorted and unlawful manner. Design/methodology/approach After a brief introduction focussed on working principles and legal frameworks, the paper will go deeper in evaluating money transfer data. This data, which comes from various legal authorities, will show the extent to which different migrant communitie…
Blockchain Tokens From the Perspective of German Civil Law: An Updated View
2020
Tokens are increasingly being generated on the basis of blockchain technology, which are intended to embody certain rights and obligations as cryptographically secured electronic coupons or digital coupons or vouchers . This paper provides an overview of the current state of affairs and the legal discussion of recent years and examines the extent to which blockchain tokens can be included under the existing German civil law framework of the BGB (German Civil Code). The key question is how goods can be legally represented ("tokenised") digitally and effectively by tokens instead of in documents. There are several approaches to make tokens marketable. Among them are also those that let the "r…
Comparative analysis of the national law of Latvia and Germany in regard to AML/CTF: a threat of reputational risks as a driver of strengthening of c…
2021
The thesis aims to analyse the nature of differences between the national law of Latvia and Germany in regard to anti-money laundering with respect to the financial sector, as well as the correlation between current national law and the development of the anti-money laundering and counter-terrorism financing systems of Latvia in Germany with profiles of both countries by using a qualitative comparative interdisciplinary method. As such, to provide an analysis of the national law of Latvia and Germany, three particularly important aspects of the anti-money laundering system in regard to the financial sector have been selected – risk-based approach, identification and criminalization. To achi…
Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?
2019
PurposeThis paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level.Design/methodology/approachThe paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them.FindingsThe study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success of every national strategy, given that transnational criminals are encouraged by the awareness that thei…
Customer due diligence requirements, in the context of anti-money laundering regulations in Latvia.
2021
This thesis investigates the problem of Latvian banks’ discriminatory habits towards non-residents in the context of anti-money laundering (AML) regulations, a practice which could have a negative impact on direct foreign investments in Latvia. The main objective of this study is to determine if the problem derives from legal norms or from banks’ arbitrary decisions. The research method is doctrinal legal research. The main conclusions are that Latvian AML legislation is partially aligned with FATF recommendations, therefore future restrictions should be expected. Analysis of the know your customer and due diligence requirements showed an absence of discrimination against non-residents. Cer…
The Italian regulation of public procurement contracts and the prevention of money laundering in pandemic times
2023
This paper aims to explain the peculiarities of Italian public procurement contracts and the remedies provided to prevent money laundering and other criminal activities related to the unlawful interference in these relationships between private economic operators and public entities. The analysis starts from the examination of public subjects, their role and mode of action according to the Italian legal system, with particular attention to the discipline of public procurement contracts and the connected money laundering risks. Due to the peculiarity of the economical relationships involved, of the parties and of the subject, these contracts, are mostly regulated by a Decree, called Code of …
Opinia prawna na temat beneficjenta rzeczywistego w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon, bą…
2020
Celem niniejszej opinii prawnej jest udzielenie odpowiedzi na pytanie: Kto jest beneficjentem rzeczywistym w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon bądź jego jednostka organizacyjna (prowincja zakonna, opactwo, klasztor niezależny, dom zakonny)? Przeprowadzone analizy przepisów prawa polskiego i prawa kanonicznego prowadzą do wniosku, że w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon bądź jego jednostka organizacyjna (prowincja zakonna, opactwo, klasztor niezależny, dom zakonny) beneficjentem rzeczywistym jest właściwy wyższy przełożony tego zakonu oraz członkowie jego rady. Osoby te speł…
Mafia and immigration: analysis of the “illegal street workers” in southern Italy
2014
Purpose – The purpose of this paper is to investigate on the new forms of the “illegal street workers” involving immigrants in southern Italy. This new concept may include, at least, two kinds of illegal employment of immigrants which is, probably, managed by local criminal organizations; in particular, it may refer to the so-called “posteggiatore abusivo” and “lavavetri”. Design/methodology/approach – This is a new area of research. The methodology used has been based on a collection of interviews with these migrants. Probably, this methodology should be refined, but in this first phase of research, it was helpful in order to understand the existence of a criminal network that controls an…
The dark side of European immigration policy
2011
More than ten years after the Treaty of Amsterdam came into force and after the programmes of Tampere and Aia, the Stockholm Programme , adopted last December 2009 for the period 2010-2014, has settled for the third time the area of "justice, freedom and security" with which EU presents itself. In relation to the Immigration policy the Stockholm Programme seals the term of security. Now Europe considers its area as a territory that withdraws into itself, through a security logic that caused the disappearance of the traces of the "freedom area". In fact, as it was affirmed in Tampere, this area can't be considered as a mere prerogative of the European citizens. In the name of security, prote…
In an ideal world who should carry the can for wrongdoing business?
2018
Purpose This paper aims to analyze the main international rules against economic crime and to verify if Italian legislation provides for appropriate measures according to own needs at a national level. Design/methodology/approach The research uses a comparative approach by examining the existing legislations on a global, European and Italian level for finding analogies and differences between them. Findings The research has discovered a wide variation in the legislative interventions against economic crimes and in the kind of imposed sanctions. Nevertheless, there seems to be a trend toward penalties, with a high degree of uniformity between the different levels of protection. Research lim…