Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

This course aims to equip students with an awareness of:
-the risks of banks, financial institutions, the financial system and other professionals being used for illegal purposes, in particular for laundering the proceeds of crime; and
-how international, European and UK law makers and the Courts have sought to prevent use of the financial system in this way.

An unfortunate consequence of the globalization of financial markets and their liberalization and deregulation has made it easier for organised criminals and terrorist groups to use the world’s financial system for illicit objectives.

As a result substantive legal and regulatory standards and enforcement techniques have had to develop and adapt for use against those using banks and other financial intermediaries, as well as financial products and markets, for money laundering activity; and, more recently, for financing terrorism. Banks and bankers, solicitors and other professionals are at risk of serious jeopardy in criminal, civil and regulatory law if they find themselves involved in illegal money laundering activity.

The aim of this course will be to consider the potential for abusive use of the banking and financial system by those seeking to launder the proceeds of criminal conduct. This course explains and evaluates anti money laundering legal standards and techniques at international and domestic level (taking the UK as prime example).

This course will also study other financial crimes and consider the risk that they pose to businesses and society generally and what techniques and strategies have been developed to disrupt and prevent such crimes.

Outline Of Syllabus

- The multiple legal Meanings of Financial Crime.

- The “problems” of money laundering and terrorist financing. Rationales for their legal proscription and sanction.

- Domestic and International efforts to prevent money laundering and the related problem of use of the financial system for terrorist finance. Basel, IMF, FATF etc.

- UK primary and secondary legislation governing general offences of money laundering and terrorist financing and in respect of other financial crimes.

- Crime prevention measures and punishments available for money laundering offences, terrorist financing and other financial crimes.

- The work and powers of the National Crime Agency.

- Regulatory regime for the prevention of use of the financial system for money laundering and financial crime – UK Financial Services and Markets Act 2000, Proceeds of Crime Act 2002 and The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

- Industry Codes - Role of the UK Joint Money Laundering Steering Group guidelines

- Compliance Issues – Should Banks and Financial Institutions be policemen?

- Banks potential civil liability for the consequences of financial crime (including money laundering activity) and civil legal techniques for asset recovery and compensation from primary perpetrator and accessories.

- Ethical Issues raised by conflicts between civil law liability and criminal/regulatory regimes – Recent examples of dilemmas for banks in the UK Courts.

Intended Knowledge Outcomes

Students who have taken this course should acquire a good critical appreciation of the policy reasons for seeking to prevent money laundering and terrorist financing activity, and a firm degree of basic knowledge of major legal and regulatory standards applicable to banks, financial institutions and their staff should money laundering activity be suspected or take place. Students should have an awareness of the current domestic and international strategies to disrupt and prevent financial crimes and an understanding of the policies behind such crime prevention measures.

Intended Skill Outcomes

Students should be able to identify risky or criminal activities and arrangements which are often indicative of money laundering activity and have cultivated an appropriately sceptical outlook to enable them to fulfil their practical compliance and reporting responsibilities when employed in the financial sector.

Teaching Rationale And Relationship

The lectures will be largely explanatory of how to access and interpret the sources of law and regulation pertinent to financial crime. They will involve break out exercises and small group discussion together with the introduction of themes to be developed on the Canvas discussion boards.

During the interactive student led seminars students will apply their legal knowledge to real commercial scenarios. There will be opportunities to present findings and learning to each other and engage in peer review.

The 2 hour whole cohort workshops allows for students to have worked in groups to prepare short presentations as to a question that will help them develop and explore ideas for their assessments. Peer review and tutor feedback will be provided.

Assessment Rationale And Relationship

The coursework will test practical understanding of how anti money laundering and other laws introduced to prevent financial crime work in the UK and other jurisdictions.

General Notes

N/A