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Climb the word ladder this puzzling. Writers workshop mini lessons. This pdf ebook one digital edition of. Chapter 4 is about the world of art and the roles of the people in it. Here, impor- tant cases from U. Chapter 5 seeks to organize all of this into a scholarly context.
Chapter 6 addresses forms of payment and the use of NGOs, trusts, associations and foun- dations, and their potential for the movement of ill-gotten gains. International legal cooperation, repatriation and asset forfeiture are analyzed in Chap. Chapter 8 deals specifically with responses to the questions raised at the outset, among oth- ers, which may go a long way towards clarifying how the prevention of money laundering applies to the art industry. Conclusions are also covered here.
The ninth and final chapter covers national and international proposals for improving the industry so as to prevent money laundering and the financing of terrorism. Although this work may, at a glance, appear to cover the entire subject, this is actually far from the case. The purpose here is to see to it that the use of artistic media in the commission of crimes will seldom, if ever, be carried to fruition. New York: PublicAffairs, 1st ed.
Translated by Kathy Ogle. Accessed Aug 25, Organized crime has had a relatively free hand in its efforts to make criminal assets legal. This is made possible by the total ineffectiveness of current national and international laws, which have not kept pace with the changing situation.
This is a hopelessly dated notion. Each State must, without giving up its sovereignty, achieve broad international cooperation. To insist on a 19th-century conception of sovereignty is to allow organized crime to exercise its will to the detriment of formal sovereignty. Such is also the case in the category of financial crimes, which is principally characterized by the absence of social scrutiny.
Most of these crimes are covered up by collusive public officials. When the crimes do come to light, evidence is poorly produced and the facts are difficult to ascertain, given the specialized assessment required, culminating almost always in impunity.
Accessed June 18, Recognition of the crime of money laundering traces its origins, in Europe, to a recommen- dation by the Council of Europe. The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Vienna Convention of is considered the international milestone that paved the way for worldwide political and criminal analysis of the subject. All efforts to categorize money laundering as a crime on its own were closely associated with the international traffic in narcotics.
Two separate aspects appear to have been decisive in bringing about an international mobilization to punish the con- version of the proceeds of criminal drug trafficking into apparently legal wealth.
The first is the predictable inefficacy of the methods used in the war on drugs. Thus, there was a strong international push for the adoption of a means to com- bat money laundering.
The United Nations Vienna Convention of provided an international legal framework, although it was specifically organized to battle the traffic of narcotic drugs and psychotropic substances. The failure of traditional legislation to deal with these new issues was well known. It was a constant concern in many countries in their struggle against seri- ous crime because permitting the flow of illegal capital poses a threat to everyone and undermines the confidence in law enforcement institutions.
The UN Convention signed at Vienna on December 20, , was the first response to bring harmony to enforcement. Thus, it is a crime derived from another, and could not exist without the anteced- ent crime having been previously committed. Paris: Presses Universitaire de France, Experienced criminals therefore try to come up with arrangements for investing their criminal proceeds and work with others inclined to conceal these assets and obliterate the money trails in order to avoid enforcement efforts.
The links between money laundering and organized crime necessitated imme- diate and aggressive intervention by governments, not least to ensure their very survival.
Article 3 of the Vienna Convention of requires that each signatory take all necessary steps to fight drug trafficking and to establish as criminal offenses under domestic law all of the practices enumerated therein. The practices in question are divided into three groups within Section 1 of Article 3.
Observe that money laundering is in essence a derivative crime because the offense is contingent upon an antecedent crime. In , in the Bahamas, the OAS General Assembly passed and adopted Model Regulations on money laundering offenses related to drug trafficking, which define, in Article 2, behavior considered unlawful.
Money-laundering legislation was already in place in Argentina, Ecuador, Mexico and Peru before the Model Regulations were adopted in the Bahamas, but after the Vienna Convention. For example, Spain, Switzerland, Austria, the United States, Canada, Australia and Mexico no longer classify money laundering as a mere appendage of drug trafficking.
The crime of money laundering had to be separated from drug trafficking because there was no justification for legislating against only that particular form of illicit enrichment. However, this presented serious questions of legal doctrine, such as the question of what legal interest is actually being protected.
Indeed, when money laundering was a crime exclusively in connection with drugs, it could be argued that the legal justification—albeit in an indirect and reflexive manner—was the same as that for drug trafficking.
This is clearly the case in the Vienna Convention, which makes no formal distinction between drug trafficking per se and enrichment therefrom. Argentine legislation, originally under Article 25 of Law No. Thus, if a prerequisite for liability for money laundering is the absence of some anteced- ent narcotics violation, we may infer that this is a case of violation of one and the same criminal legal interest, so as to avoid bis in idem. With the shedding of this exclusive link with the originating crime, many ques- tions emerged as to the legal justification for criminalizing money laundering.
Today there is no question that the crime of money laundering falls within the category of financial crimes because of the great effect it has on socio-economic order. There is no doubt that introducing large sums of money that originated in crime into the mar- ket interferes with the normal course of production, consumption and competition. Another difficulty with money laundering is that it is not simple to accomplish, nor does it follow any preset rule. The commission of the crime involves processes that are often complex and sophisticated, with actions taken in a concatenated or scattered manner, all in an effort to make dirty money look legal.
One could indeed simply define money laundering as a procedure whereby one transforms goods acquired through unlawful acts into apparently legal goods. However, over- riding considerations of legality and legal security do not permit us to make use of such a simple definition. The crime of money laundering, classically speaking, involves three stages of conduct, namely: concealment or placement, in which goods acquired by unlawful means are made less visible; monitoring, dissimulation or layering, in which the money is severed from its origins, removing all clues as to how it was obtained; and integration, in which the illegal money is reincorporated into the economy after acquiring a semblance of legality.
Added to this is the recycling stage, which consists of wiping out all records of those previous steps completed. Additionally, money laundering is always a derivative crime, so that it must necessarily be con- nected, to a greater or lesser extent, to its antecedent crime.
All of these issues give innumerable peculiarities to the crime of money laundering, peculiarities that must be gradually sorted out by jurisprudence or case law. This poses an undeniable difficulty, for if the crime in question were codified, it would have to be promptly adapted to the principles and rules of the Criminal Code.
Because this system is integrated and hierarchical, there would be no margin for unjustifiable exceptions. Such is the case in France, Italy, Switzerland and Colombia. Other countries joined afterward including China in , as well as international organizations the European Commission and the Gulf Cooperation Council.
Brazil joined, initially as an observer and later as a full member, at the XI Plenary Meeting, held in September of The OECD is an intergovernmental agency organized to promote measures for the fight against money laundering.
Its list of Forty Recommendations, drafted in , was revised in Another eight recommendations were drawn up in on financing of terrorism and a ninth in also about financing of terrorism. On February 16, , all forty-nine recommendations were revised, improved and condensed into forty. These recommendations are not binding, but they do exert strong international influence on many countries including nonmembers to avoid losing credibility, because they are recognized by the International Monetary Fund and the World Bank as international standards for combating money laundering and the financ- ing of terrorism.
In the version, they were adopted by countries. In the — version, they were adopted by over countries. It is important to mention that the idea of improving and condensing the Recommendations to avoid distortion and duplication, and to also incorporate the nine Special Recommendations on the financing of terrorism into the basic text 6 United States, Japan, Germany, France, United Kingdom, Italy and Canada, which has since been joined by Russia G8.
Some initial resistance to altering wording that had already become assimilated was overcome. No substantial changes were offered, and all focus was on fine-tuning the Recommendations to make them clearer and more objective, and as a result more easily enforceable. The following are relevant provisions contained in the version of the Recommendations: Countries should identify, assess, and understand the money laundering and ter- rorism financing risks of the country, and take action to mitigate them Risk-Based Approach—RBA, Recommendation No.
Countries should ensure cooperation among policy-makers, the Financial Intelligence Units FIUs and law enforcement authorities, and domestic coordination of prevention and enforcement policies Recommendation No. The current text of Recommendation No. In and , with Minister Gilson Dipp of the Appellate Court presiding, and participation from representatives of the Federal Courts, the Office of the Federal Prosecutor, the Federal Police and the Brazilian Federation of Bank Associations FEBRABAN , the Council drew up substantive recommen- dations to improve investigation and prosecution of criminal money laundering by engaging the cooperation of various government departments responsible for implementing the law.
Every year they define new Actions formerly Targets , in hopes that the conclusions arrived at during their work sessions will be transformed into substantive outcomes.
No crim- inal convictions should be necessary for asset forfeiture. Furthermore, with reference to the Vienna Convention , the Terrorist Financing Convention , and the Palermo Convention transnational organized crime, , the bur- den of proof on confiscated goods should be reversed Recommendation No. Countries should criminalize the financing of terrorism Recommendation No. Countries should implement financial sanction regimes to comply with UN Security Council resolutions on terrorism and its financing Recommendation No.
Countries should establish policies to supervise and monitor non-profit organizations, so as to obtain real-time information on their activities, size and other important features, such as transparency, integrity and best practices Recommendation No.
Financial institution secrecy laws, or profes- sional privilege, should not inhibit the implementation of the FATF Recommendations Recommendation No. Financial institutions should be required to undertake customer due diligence and to verify the identity of the bene- ficial owner, and be prohibited from keeping anonymous accounts or those bearing fictitious names Recommendation No.
Financial institutions should also be required to maintain records for at least five years Recommendation No. The version expanded the definition of PEPs to include both nationals and foreigners, and even international organizations. Other provisions worth mentioning include: Financial institutions should monitor wire transfers, ensure that detailed informa- tion is obtained on the sender as well as on the beneficiary, and prohibit transactions by certain people pursuant to UN Security Council resolutions, such as resolution of and resolution of , for the prevention and suppression of terrorism and its financing Recommendation No.
Designated non-financial businesses and pro- fessions DNFBPs , such as casinos, real estate offices, dealers in precious metals or stones, and even attorneys, notaries and accountants, must report suspicious operations, and those who report suspicious activity must be protected from civil and criminal lia- bility Recommendation No.
Countries should take measures to ensure transparency and obtain reliable and timely information on the beneficial ownership and control of legal persons Recommendation No. Financial Intelligence Units FIUs must have timely access to financial and administrative information, either directly or indirectly, as well as information from law enforcement authorities in order to fully perform their functions, which include analysis of suspicious statements on operations Recommendations Nos.Pelos caminhos que ando.
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