NCJ Number
196494
Date Published
2001
Length
490 pages
Annotation
This book discusses the fight against money laundering in Germany.
Abstract
Globalization of the economic markets has led to increased transactions with illegal assets beyond national borders. The Vienna Convention of the United Nations of 1988 developed approaches against illegal trafficking with drugs and psychotropic substances. The Financial Action Task Force of 1990 and the EU guidelines of 1991 provided suggestions for the prevention of the use of the financial system for money laundering. This was based on the assumption that organized offenders smuggled worldwide a large extent of illegally obtained money into financial circulation. There was a risk that they could build up their large monetary, economic, and political-social potential of power. Therefore, the target of the legislation was to criminalize money laundering and prevent organized crime from being able to accumulate its profits. Reform measures taken in Germany reflected the danger of organized groups of offenders without conducting an examination of the actual asset operations of organized offenders in Germany. There was a deficit of knowledge about the financial sector of these organized groups of offenders. The current project approaches the topic of financial operations of organized groups of offenders by comparing the financial operations of legal companies with those of organized groups of offenders. An empirical survey guide was developed and conducted on the following topics: (1) the role Germany plays as a financial location for asset operations of organized offenders; (2) the success of the approach for the combat of money laundering considering the actual and statutory situation; and (3) the extent that this approach is useful and requires improvement. Interviews with 89 people were conducted in the police and customs sector, criminal prosecution, judiciary, Federal security authority, criminal defense, factory safety, health control, and banking sector. Three interviews were conducted with five foreign investigators as well as one interview with a foreign researcher specializing in money laundering. This project includes research on implementation of combat measures according to German Federal Tax Law and German Federal Money Laundering Law. Difficulties in the practical implementation as well as legal weak points are described.