- Author : Sk Cheong
Although there are many publications on money laundering as a criminal offence, there still is a dearth of materials on the “charge” for money laundering. In this regard, as in every criminal trial, the charge is of utmost importance. It is the only link between an offence and the offender. No person named in a charge can afford to ignore its contents or to treat it with impunity. If the allegations in a charge are proven, the consequences are severe.
As the title suggests, this book is directed specifically at the charge for money laundering. Chapter 1, readers are taken on a journey back in time with a discussion on a selection of commercial transactions from which money laundering evolved.
Chapter 2 is a case-study of the criminalisation of money laundering, drawn from the United Kingdom. Chapter 3 outlines the legal provisions related to the offence of money laundering in Malaysia. Chapter 4, readers are introduced to the constitutional, statutory and procedural safeguards in a criminal setting.
Chapter 4 encapsulates the mechanism to invoke the Federal Constitution for relief.
Chapter 5 is entitled “Challenging the Charge”. It is a survey of the grounds upon which a criminal charge may be challenged. The same principles apply to a charge for money laundering. Moving on, the effect of a charge for money laundering in existing transactions, in a commercial setting, is dealt in Chapter 6.
Finally, the Annexure contains a selection of model legislations prescribed by the United Nations and the Commonwealth; with these, readers will be able to see first-hand, the effort by the various multi-lateral agencies to criminalise money-laundering.
It is hoped that this book will demystify one of the most important and challenging aspects of money laundering for the benefit of businessmen and their professional advisors.
TABLE OF CONTENTS:
1. Setting the Scene
-The evolution of money laundering
2. *The Crime of Money Laundering *
– Some lessons from the United Kingdom
3. The Offence of Money Laundering in Malaysia
– The key provisions of AMLA 2001
4. *Interpreting the Offence of Money Laundering *
– The Federal Constitution, the penal statute and the charge
5. *Challenging the Charge for Money Laundering *
– Miscarriage of justice explained
6. *Money Laundering and Existing Transactions *
– R v Montila
– United Nations Model Anti-Money Laundering Law
– United Nations Model Proceeds of Crime Bill
– Commonwealth Model Anti-Money Laundering Law
– Examples of Suspicious Transactions (Monetary Authority of Singapore)
Table of cases- Reference