Insider Dealing and Money Laundering in the EU: Law and Regulation PDF Download
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Author: Dr R C H Alexander
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493342
Category : Law
Languages : en
Pages : 296
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Book Description
This work presents a comparative study of the provisions relating to insider dealing under the EC Insider Dealing Directive. The volume begins with a discussion of the rationale for regulating financial services in general and controlling insider dealing and money-laundering in particular. It examines the definition of an insider and of inside information and the various criminal offenses relating to insider dealing. The role of money-laundering is also recognized and the anti-money laundering regime as well as the considerable impact on the financial sector is discussed in detail. The work assesses the efficacy of criminal law in controlling insider dealing and considers the increasing trend to deal with it by means of civil/administrative measures.
Author: R.C.H. Alexander
Publisher: Routledge
ISBN: 1317116054
Category : Law
Languages : en
Pages : 289
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Book Description
This work presents a comparative study of the provisions relating to insider dealing under the EC Insider Dealing Directive. The volume begins with a discussion of the rationale for regulating financial services in general and controlling insider dealing and money-laundering in particular. It examines the definition of an insider and of inside information and the various criminal offenses relating to insider dealing. The role of money-laundering is also recognized and the anti-money laundering regime as well as the considerable impact on the financial sector is discussed in detail. The work assesses the efficacy of criminal law in controlling insider dealing and considers the increasing trend to deal with it by means of civil/administrative measures.
Author: Ester Herlin-Karnell
Publisher: Bloomsbury Publishing
ISBN: 1509903097
Category : Law
Languages : en
Pages : 209
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Book Description
The European Union regime for fighting market manipulation and insider trading – commonly referred to as market abuse – was significantly reshuffled in the wake of the financial crisis of 2007/2008 and new legal instruments to fight market abuse were eventually adopted in 2014. In this monograph the authors identify the association between the financial crisis and market abuse, critically consider the legislative, policy and enforcement responses in the European Union, and contrast them with the approaches adopted by the United States of America and the United Kingdom respectively. The aftermath of the financial crisis, ongoing security concerns and increased legislation and policy responses to the fight against irregularities and market failures demonstrate that we need to understand, in context, the regulatory responses taken in this area. Specifically, the book investigates how the regulatory responses have changed over time since the start of the financial crisis. Market Manipulation and Insider Trading places the fight against market abuse in the broader framework of the fight against white collar crime and also considers some associated questions in order to better understand the contemporary market abuse regime.
Author: Emmanuel Ioannides
Publisher: Routledge
ISBN: 1317131347
Category : Law
Languages : en
Pages : 200
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Book Description
This book critically analyses fundamental principles of EU law for the control of international economic crime. Discussing how the reporting system and the exchange of information are at the heart of the global anti-money laundering regime, the study also looks at the inferential force of financial intelligence in criminal proceedings and the responsibilities this places on prosecutors and criminals alike. The author closely examines the application of Article 8(2) of the European Court of Human Rights for the retention and movement of the fingerprints, cellular samples and DNA profiles of unconvicted persons, and argues the incompatibility with the ECHR, along with the effect of socially stigmatising unconvicted persons. The work concludes with exploring how financial regulation has, inter alia, shifted responsibility to businesses and financial institutions to become more transparent and accountable to financial regulators and tax authorities. This critical analysis is essential reading for law students and the Judicial Body, as well as financial crime investigators and regulators.
Author: Stephen M. Bainbridge
Publisher: Edward Elgar Publishing
ISBN: 0857931857
Category : Business & Economics
Languages : en
Pages : 498
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Book Description
In most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics. The Handbook begins with a section devoted to legal issues surrounding the USÕs ban on insider trading, which is one of the oldest and most energetically enforced in the world. Using this section as a foundation, contributors go on to discuss several specific court cases as well as important developments in empirical research on the subject. The Handbook concludes with a section devoted to international perspectives, providing insight into insider trading laws in China, Japan, Australia, New Zealand, the United Kingdom and the European Union. This timely and comprehensive volume will appeal to students and professors of law and economics, as well as scholars, researchers and practitioners with an interest in insider trading.
Author: Edgardo Rotman
Publisher: Bloomsbury Publishing
ISBN: 1509943218
Category : Law
Languages : en
Pages : 215
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Book Description
This book provides a uniquely comparative approach to the examination of financial crime regulation. At a time when financial crime routinely crosses international boundaries, this book provides a novel understanding of its spread and criminalisation. It traces the international convergence of financial crime regulation with a uniquely comparative approach that examines key institutional and state actors including the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy and Germany, all countries that harbour some of the most influential stock exchanges in the Western world. The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – and the laws criminalising those acts, most notably those responding to recent dramatic transformations in securities markets, high frequency trading, and benchmark manipulation. At the European level, it shows the progressive uniformisation of laws culminating in the 2014 European Union Market Abuse Regulation. The book argues that criminal prohibitions against internationalised market abuse must be understood as an economic and legal imperative to protect financial markets against activities that imperil its integrity, compromising the confidence of investors and thus affecting the economy as a whole. The book is supported by an extensive review of the most significant scholarship in each country.
Author: Milan Frankl
Publisher:
ISBN: 9781631575938
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
The purpose of this book is to introduce the reader to mechanisms useful for detection and avoidance of money-laundering activities (MLAs) and terrorist financing and suggest improvements to existing MLAs where appropriate. Money laundering may occur in every country. The significant factor is to diagnose the illegal MLA and apply regulations to mitigate them. To meet this objective, managers of financial institutions need to train their employees about anti-money laundering (AML) processes and how to diagnose and prevent money laundering. AML activities can also affect the financial systems of a country. "Money laundering destabilizes the foundation of a nation's financial system by reducing tax revenues and impeding fair competition by ultimately disrupting economic development" (World Compliance, 2008). MLAs can create a big gap between income classes. Money laundering can also decrease banks' or financial institutions' credibility. "In practice, criminals are trying to disguise the origins of money obtained through illegal activities so that it looks like it was obtained from legal sources" (Layton, 2005). This book may be of special interest to financial managers in the private and public sector. It also may be a useful guide for those involved in international financial transactions.
Author: Karen Harrison
Publisher: Taylor & Francis
ISBN: 1317026020
Category : Law
Languages : en
Pages : 271
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Book Description
Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This second edition has been fully updated and includes a section on cybercrime and a new chapter on tax evasion. Case summaries have also been included in those chapters where a criminal justice route is used by the prosecuting authorities.
Author: Dr Nicholas Ryder
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409472434
Category : Law
Languages : en
Pages : 242
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Book Description
Outlining the different types of financial crime and its impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes such as money laundering, terrorist financing, fraud, insider dealing, market abuse and bribery and corruption. The final chapter makes recommendations for the future and will provoke further thought and discussion on this topical subject. It is a valuable resource for students studying vocational courses and a key text for undergraduate and post-graduate students in law schools, departments of criminal justice and business schools.
Author: Samuli Miettinen
Publisher: Routledge
ISBN: 0415474264
Category : Law
Languages : en
Pages : 300
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Book Description
This book takes stock of the development of criminal law in the context of the EC and the EU, and examines whether this has led to a European criminal policy, and interrogates the legal effects that European-level initiatives in the field have on national criminal law and on suspects.
Author: Maria Bergström
Publisher: Bloomsbury Publishing
ISBN: 1782251480
Category : Law
Languages : en
Pages : 236
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Book Description
This volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, focuses on EU criminal law and transnational police co-operation. Against the background of the most important changes introduced by the Lisbon Treaty in the area of criminal law and police co-operation, this volume is divided into four main sections. Each section analyses some specific challenges. The first section includes a critical analysis of the boundaries of the new criminal law competencies, as well as some more general challenges for EU criminal law. Specific focus is set on the lawmaking process. The second section deals with EU criminal law and fundamental rights, in particular the protection of personal data and individual privacy. In this section, focus is on the implementation of EU law into national legal orders and the challenges that this process brings with it. The third section maps out specific challenges in transnational police co-operation, in particular, the important issue of sharing of information between law enforcement agencies and its potential impact on the protection of fundamental rights. In the fourth section, focus is shifted toward networks, horizontal agency and multi-level co-operation in a wider sense within the area of freedom, security and justice.
