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Economic and legal aspect of money laundering
Dongres, Miroslav ; Hraba, Zdeněk (advisor) ; Bažantová, Ilona (referee)
v anglickém jazyce Economic and legal aspect of money laundering Miroslav Dongres The UN defines it as "Money laundering is a process which disguises illegal profits without compromising the criminals who wish to benefit from the proceeds". Money laundering is a dangerous activity. Funds that pass through this process become a source for a various criminal activities, such as terrrorism, corruption, etc. The thesis is composed of three main parts. First part deal with methods and stages of money laundering. Money laundering is a sophisticated activity, with a high degree of complexity, which requires a certain level of planning. entertain various features and steps which are necessary to clear the funds. Stages are named as placement, layering and integration. The first part is given to a few real examples of ways of money laundering. Money laundering is an international issue. In today's world where there is almost no borders is neccesary develop an appropriate international cooperation, both at global and regional which is one of the characters of fighting against money laundering. The Second part of thesis show some of international organization engaged in this illicit activity, such as UN, EU, FATF, etc. It also introduce their rules and programs to fight to money laundering. There is a large...
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Economic crime and its prevention
Mišianik, Peter ; Gřivna, Tomáš (advisor) ; Herczeg, Jiří (referee)
1 Resumé The purpose of my thesis is to analyze the concept of economic crime in its whole size. The reason why I chose this topic is its international danger and high damage caused by this kind of crime. This subject is discussed in international organizations and is focused in its documents, because only international co-operation is able to fight with such crime. The thesis is composed of two parts (four chapters) - general and special. The first part (first and second chapter) is dealing with theoretical issues. The goal of this part is to introduce and define basic terminology found in the thesis like economic crime or financial crime. It is as well dealing with basic criminological characteristics of economic crime like the phenomenology, specifics of offenders, etiology or control mechanism and prevention of economic crime. The second part (third and fourth chapter) describes money laundering as a distinctive example of economic crime and the criminal liability of corporations as an instrument for fighting with economic crime. Describing the theoretical process of money laundering and focusing on legislative statute No. 253/2008, where the proper legislation is found, is the basis of chapter three. Chapter four is composed of three subchapters, where is described the term criminal liability of...
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Measures against the legalisation of proceeds of crime committed within banking industry and loan institutions
Konovalova, Anna ; Kotáb, Petr (advisor) ; Kohajda, Michael (referee)
For a better understanding of relevant issues, in the introduction of the thesis contains a brief historical excursus to that topic, and there are explained the general features of the process of legalization of proceeds from crime, including putting illustrative examples from the area of the criminal law, as well as in the area of financial law. As examples have been selected major bank cases which were related to AML/CFT, but also had much wider impact. The diploma thesis deals with measures against the legalization of proceeds from crime in area of banking and credit institutions and focuses primarily on the measures arising from major law Act no. 253/2008 Coll., on certain measures against the legalization of proceeds from crime and terrorist financing. Consequently, the thesis deals partly with law of the European Communities, which was reflected into national legislation by the Act no. 253/2008 Coll. Following this, the diploma thesis also mentions other sources that have been adopted not only at national level but also in the context of international law. In addition the diploma thesis also identified some selected authorities which are involved in AML/CFT, where attention is aimed to the Financial Analytical Unit, which holds a key position in this specific field. Money laundering is a...
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"Money laundering - criminal and criminological aspects".
Babjaková, Radka ; Hořák, Jaromír (advisor) ; Gřivna, Tomáš (referee)
This thesis deals with the issue of money laundering in terms of both criminal and criminological perspective. The aim of this thesis is to analyse the issue of money laundering and to raise questions related to de lege lata discussions and de lege ferenda proposals, to formulate my opinion and to make recommendation for legislative changes. The first part (Chapters 1, 2 and 3) contains the definition of this term and discusses methods in which money laundering occurs. In addition to well-known methods, it is dedicated to new methods focusing on the use of virtual currencies and online computer games. The question of organised crime, which is very close to money laundering, is analysed too. The second part (Chapters 4 and 5) describes international regulation, legislation of the European Union and measures against legitimisation of proceeds of crime in Czech legislation. It is focused on the most important conventions and directives related to money laundering. This part also explains Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism, and activities of Financial Analytical Unit. The third part (Chapters 6 and 7) examines relevant Czech legislation, especially issues of money laundering using legal entities, their criminal liability...
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Money laundering
Kocur, Martin ; Hraba, Zdeněk (advisor) ; Pokorný, Jan (referee)
Money laundering is marginalized phenomenon with high social impact which comes from necessary connection of this activity with illegal activities, especially organized crime. Since the goal of almost every illegal activity is to create profit (and since the biggest profit comes from the activities which are highly dangerous for the society, such as drug trafficking) it is vital for the society to fight money laundering effectively. It is in the best interest of the whole society to fight this phenomenon and cut the organized crime out of their resources through effective control of the money laundering. The goal of this thesis is to explain the issue of money laundering in detail, to map the whole process while using mostly comparative and analytic methods and summarize the international and Czech anti- money laundering legislation. I would be glad if the reader had truly concrete idea about the phenomenon of money laundering after reading my thesis. In the first part, I am dealing with the whole concept of money laundering, meaning history and definition of the term itself. I also compare terms money laundering and legalization of proceeds from crime. Then I analyze the true nature of money laundering and financing of terror and the process of money laundering. I also deal with concrete subjects...
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Money Laundering
Janeček, Miroslav ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
Money laundering can be defined as a process of converting the proceeds of illegal activities to legitimate money or other assets, or as a process whose aim is to conceal the origin and ownership of proceeds that come from illegal activities. Its main phases are placement, layering and integration. The main sources of dirty money are drug trafficking, procuring, arms trafficking, extortion, robbery and property crimes. The aim of this thesis is the analysis of the fight against money laundering in terms of financial law and from institutional point of view, evaluation of its success and the formulation of my own opinions on the possible improvement of the system components. The first part of thesis deals with the term of money laundering, its phases and characteristics and history. The second part analyses the legislation at international, EU and national level. Attention is paid to the AML Directives and to the AML Act. Main obligations prescribed by Directives and AML Act to obliged persons are identification obligation, due diligence, preservation of information, reporting of suspicious transactions, postponement of client's order, creation of internal policies and staff training. Then follows characterization of individual authorities and institutions involved in combating money laundering....
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Legal and institutional security of the financial system against money laundering
Kubík, Tomáš ; Kohajda, Michael (advisor) ; Boháč, Radim (referee)
The main objective of this work 'Legal and institutional security of the financial system against money laundering' is to highlight the growing phenomenon of money laundering. It is a phenomenon causing collision of the global economic and financial system, which should not remain unnoticed. This phenomenon must be tackled by all, by legal means. To combat this effect was greatest, then it is necessary that there was a globally recognized legislation that would have embraced most states that there were institutions with qualified personnel with sufficient powers, primarily banking institutions, but not limited to those utmost efforts in the fight against money laundering. If the above conditions are not met, then it will hardly be able to face this phenomenon.
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Comparison of legal instruments used in the fight against legalization of proceeds of crime in the Czech Republic and the Federal Republic of Germany
Šváchová, Lucie ; Kohajda, Michael (advisor) ; Kotáb, Petr (referee)
The subject of my thesis is the identification and subsequent comparison of legal instruments which are intended to fight against legalization of proceeds of crime, which is also referred to as money laundering, in the Czech Republic and in the Federal Republic of Germany. The first chapter is to familiarize the reader with the issue of money laundering, therefore it provides the definition of the phenomenon of money laundering and also describes the typical phases of this process. The second chapter is devoted to international institutions that deal with money laundering on the supranational level and whose activities are then reflected in international standards. The third chapter deals with legislation related to the fight against legalization of proceeds of crime in the Czech Republic. First I focus on the history of the development of the struggle against money laundering in the country and subsequently describe particular laws designed to regulate the rights and obligations relating to the effective fight against this phenomenon. Further I describe particular obligations that fall on subjects, which may be confronted with efforts to launder money within its activities, and characterize individual institutions that are involved in the fight against money laundering. The fourth chapter is...
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Anti-money laundering and combating the financing of terrorism measures by securities broker
Magdičová, Taťana ; Kotáb, Petr (advisor) ; Vybíral, Roman (referee)
Anti-money laundering and combating the financing of terrorism measures by securities broker Abstract The diploma thesis deals with the issue of money laundering and terrorist financing. The thesis is dedicated to this area, especially from the point of view of securities brokers, who has obligations to apply several measures to prevent money laundering and terrorist financing through this financial institution. The aim of the diploma thesis is to confirm or refute the hypothesis "Measures against money laundering and terrorist financing are sufficiently clear and effective in the practice of a securities broker". The diploma thesis also tries to reveal the pitfalls of the current legislation of selected AML / CFT measures. Scientific methods of description and analysis were chosen to achieve the set goal. In terms of structure, the work is divided into four chapters: 1) Definition of the law against money laundering and terrorist financing, 2) Client identification, 3) Client control and 4) Other selected AML / CFT obligations of the securities broker. In order to achieve the goal, the first chapter summarizes the issue of money laundering and terrorist financing in a relatively concise way. Due to the fact that the professional literature does not pay enough attention to the field of terrorist financing,...
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The regulation of money laundering and tax evasion in the theory and legislation
Kyselá, Eva ; Sejkora, Tomáš (advisor) ; Kohajda, Michael (referee)
Title of the thesis: The relation of money laundering and tax evasion in theory and legislation Abstract The thesis deals with the relation of money laundering and tax evasion, predominantly in the international context, because both of these activities are very often organized intentionally in several countries. This makes it difficult to detect and punish them and requires close cooperation between states, both in setting the rules and in enforcing them. It is the international soft-law and hard-law rules that significantly affect national regulation. Therefore, the thesis focuses on those and also on regional instruments within the EU. After describing the development of the two areas' regulation and its gradual intertwining, the thesis discusses the similarities and differences that feature the two areas and identifies the problems and challenges the international community is facing when tackling the two problems - reactive regulation lagging behind, slow implementation and complicated international cooperation, difficulty in measuring the problems (and the associated potential inefficiency in spending resources to fight them) as well as the challenges posed by the flourishing information technology. Possible solutions are proposed in the form of adjusting some aspects of soft law as well as...
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