Table of Contents

Research Handbook on International Financial Crime

Research Handbook on International Financial Crime

Research Handbooks in Financial Law series

Edited by Barry Rider

A significant proportion of serious crime is economically motivated. Almost all financial crimes will be either motivated by greed, or the desire to cover up misconduct. This Handbook addresses financial crimes such as fraud, corruption and money laundering, and highlights both the risks presented by these crimes, as well as their impact on the economy. The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, the enterprise of crime, business crime, the financial sector at risk, fraud, corruption, the proceeds of financial and economic crime, and enforcement and control.

Chapter 60: Strategic tools – for now and perhaps the future?

Barry Rider

Subjects: economics and finance, financial economics and regulation, law - academic, corruption and economic crime, finance and banking law

Extract

An attempt to proffer predictions even of a most tentative character as to the ways in which the form and character of financial crime, and particularly economically motivated crime, will develop, is a task for those who get paid exorbitant amounts of money in the risk industry. While the man or woman in the street appreciates the ever increasing relevance of technology and the fact that we might be approaching a point where the ability to communicate and interact with each other and the environment changes beyond our dreams, how these opportunities are likely to be exploited by criminals is perhaps best perceived in works of fiction. What this author will attempt, however, taking the exemplar of corruption, is a forward looking discussion of strategies that might be best advocated to address its prevention and control. There is something that resembles controversy among comparative lawyers as to when the study of law on a comparative basis became sufficiently acknowledged as a distinguishable process different from other areas of juristic inquiry to be considered a discipline in itself. Of course, comparisons between the manner and detail in which societies order their affairs is nothing new and, indeed, both Plato and Socrates engaged in what some would see as comparative constitutional analysis. That the comparative study of law, particularly in the European tradition, is now well established as a respectable contribution to legal scholarship cannot be questioned.

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