Preview

On the Long-arm Jurisdiction in Anti-money Laundering

Good Essays
Open Document
Open Document
2000 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
On the Long-arm Jurisdiction in Anti-money Laundering
On the Long-arm Jurisdiction of Anti-money Laundering Cases

姓 名: 王XX 刘XX
院 系: XX学院
专 业: XX

Contents

Abstract
Since 2009, many European international banks including HSBC, have been punished by anti-money laundering regulatory penalties of United States. Why the U.S. financial sanctions and regulations can be imposed on the banks of other countries? The answer lies in "long-arm jurisdiction". Long-arm jurisdiction is a unique jurisdiction system of the United States, with great flexibility to adapt to the complicated social reality in U.S. However, with the development of global economy integration, America has been taking advantage of its strong national power to intervene in foreign cases even implement financial sanctions continuously by using this jurisdiction system, which seriously infringe on financial sovereignty and jurisdiction of other countries.
Key Words
Long-arm jurisdiction, money laundering, the United States

1 Case Analysis
1.1 Case of HSBC
(USA Eastern time)July 17, a U.S. Senate subcommittee holds a hearing on HSBC money laundering investigation. Investigation team reported that HSBC supervision was too loose to effectively prevent Mexican drug cartels cleaning tens of billions of dollars of black money in the United States in the past seven years. Some U.S. Senators even also pointed out that the HSBC’s license should be revoked. HSBC attend the USA Senate Standing investigations subcommittee hearing, and Britain 's HSBC Chief Compliance Officer David Bagley accepted the inquiry of American Senate. He admitted that HSBC has become the money laundering tools of some drug gangs and terrorist as well as failed to meet the expectations of regulators in the past years. In addition he apologized for that, and then announced the resignation.
December 11, according to Bloomberg’s report, the relevant



References: [9]China Daily Website: www.boc.cn [10] Levitt9U.Pa.J.Int 'lBus.L.713(1987)

You May Also Find These Documents Helpful

  • Powerful Essays

    millions of dollars of structured settlements at a discounted price so that he could generate…

    • 2060 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Nab's Rouge Trader

    • 1115 Words
    • 5 Pages

    National Australia Bank’s (NAB) foreign currency options desk is located in Melbourne. Its senior staff members were found guilty of unprincipled practices causing $350 million in losses in one year, which led to the imprisonment of a few senior traders due to securities violations. Several executives, including the chief executive and chairman, lost their jobs as a result of events that led up to the crisis. Prior to this, junior trader Dennis Gentilin had been aware that his boss, Duffy, was altering transaction records. Gentilin reported Duffy’s unethical practices to Duffy’s boss, Gary Dillon, expecting the issue to be resolved. A day later, Duffy arranged a private meeting with Gentilin and told him, “[i]f you want to stay in the team, I demand loyalty and don’t want you going to Dillon about what’s happening in the team.” Afterwards, Gentilin was transferred to NAB’s London office.…

    • 1115 Words
    • 5 Pages
    Powerful Essays
  • Best Essays

    CBA Scandal and FOFA Reforms

    • 4747 Words
    • 19 Pages

    In October 2008 ASIC was notified that CBA (Commonwealth Bank of Australia) had attempted to conceal the unlawful actions of one of their most senior financial planners, who had control of an estimated $300 million in investments. (Adele Ferguson, CBA Cover Up Misconduct by Rogue Financial Planner, 2013)…

    • 4747 Words
    • 19 Pages
    Best Essays
  • Powerful Essays

    Following the SEC’s inability to control Wall Street fraud, the U.S. Securities and Exchange Commission received sharp criticism from the public for its seemingly weak enforcement of Wall Street’s too big to fail banks. Many believe that the agency is unethically protecting Wall Street fraud due to the incident in 2010 when the National Archives had contacted the SEC expressing concern that an unauthorized destruction of federal records had…

    • 864 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Bank of America operates in more than 10 countries including regions in Europe, Asia, and Central and South America. With operations in such a wide range of selected countries Bank of America (BOA) has to deal with differing legal and cultural aspects which can relate to the amount of risk the management is willing to accept. This risk includes what is called systematic political risk. “As a rule, a country’s political processes do not treat foreign operations unfairly. If they did, few companies would hazard the investment” (Daniels et. al, p. 105, 2011).…

    • 1146 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Transnational organized crime involves the planning and execution of illicit business ventures by groups or networks of individuals working in more than one country. (Justice, 2007) For the United States, international crime poses threats on three broad, interrelated fronts. First, the impact is felt directly on the streets of American communities. Hundreds of thousands of individuals enter the United States illegally each year. Criminal networks are believed to have benefitted from the weakening of certain government institutions, more open borders, and the resurgence of ethnic and regional conflicts across the former Soviet Union and many other regions. These criminal groups use systematic violence and corruption to achieve their goals. These crimes mainly include money laundering, human smuggling,…

    • 1294 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Ethics: Goldman Sachs

    • 3300 Words
    • 14 Pages

    After analyzing the case and reviewing the unethical actions and alleged accusations against Goldman Sachs, it is clear that Goldman Sachs was operating unethically. They misrepresented, hid information, and engaged in conflicts of interest with their clients. Goldman Sachs took an unfair advantage with their “toes to the line mentality” on their legal and ethical issues leading the SEC to establish harsher regulations for the banking industry.…

    • 3300 Words
    • 14 Pages
    Powerful Essays
  • Powerful Essays

    Dual Banking System

    • 4735 Words
    • 19 Pages

    oday, the dual banking system, which has been a hallmark of banking in the United States for nearly 200 years, is under attack, as many states have attempted to assert legislative and enforcement authority over national banks in a way that contradicts constitutional principles that have been well-settled since the early nineteenth century. This paper explains the history and features of the “dual banking system” and discusses the judicial and legislative precedents establishing the constitutional limits on the ability of states…

    • 4735 Words
    • 19 Pages
    Powerful Essays
  • Powerful Essays

    McCormick, John T. and Nancy Paterson. “The threat posed by transnational political corruption to global commercial and development banking.” Journal of Financial Crime 13.2 (2006): 183-194. Emerald Group Publishing Limited. Emerald E-Journal Collection. Philadelphia University Paul J. Gutman Library. 28 November 2008 http://www.emeraldinsight.com/10.1108/13590790610660890.…

    • 5540 Words
    • 23 Pages
    Powerful Essays
  • Powerful Essays

    Eth501 - Business Ethics

    • 2027 Words
    • 9 Pages

    large banks could complete the ethical dilemma that the US and many large banks are being…

    • 2027 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    The main concept of the article is to explain why the New International Financial Architecture (NIFA) was created and who is being benefited from this approach. The discussion begins with an examination of the power structures of the global political economy by focusing on the continued dominance of the USA. The article presents the contradictory relations between USA and global finance will be explored so as to shed more critical light on the NIFA. This article critically examines the NIFA by linking its institutional components to the larger contradictions of the capitalist inter-state system. A contradiction is the constant promotion of financial liberalization in emerging markets by US-led international financial institutions (IFIs), and the frequency of financial crises in the developing world, on the other. The article suggests that the NIFA is an attempt to stabilize and legitimate the scaffolding of the existing imperative of free capital mobility.…

    • 1391 Words
    • 5 Pages
    Powerful Essays
  • Best Essays

    The term money laundering can be interpreted in different ways, however it is generally defined as the integration of criminal funds into the legitimate financial system with the aim of disguising their illegal origin (FATF, 2012b). It incentivises crime in that it allows criminals to realise the profits from their illegal activity, and allows them to use these to commit further unlawful acts. It undermines the integrity and stability of legitimate financial institutions, and it has detrimental impacts on both domestic and international economies (IMF, 2013: 1). As a result, it 's identification and prevention is in the public interest, and it is a focus of the financial community, governments and law-making bodies (Crown Prosecution Service, 2010: 2).…

    • 3402 Words
    • 12 Pages
    Best Essays
  • Better Essays

    After the money is laundered it usually returns to the hands of drug dealers, terrorists, gun traffickers and other criminals so they may continue their harmful and dishonest illegal operations. The International Monetary Fund has stated that "the aggregate size of money laundering world wide is somewhere between two and five percent of the world's gross domestic product" (Wayne, 4). In a US currency this would be between $590 billion and $1.5 trillion, which continues to grow each year despite increased government initiatives to combat this practice. After September 11, 2001, money laundering became a top priority of the Bush administration's war on terrorism after it was revealed that funds supporting Al Qaeda were laundered through banks in Luxembourg. One way in which financial businesses are fighting back is by creating Anti-Money Laundering policies that make it extremely difficult for criminals to slip under the radar. The government has also taken actions such as the Patriot Act which hopes to put an end to money laundering. In the following paragraphs we will take a more in-depth look at the process of money laundering, how it effects businesses and economies, and analyze measures being taken to fight this…

    • 1329 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Victimless Crimes

    • 1461 Words
    • 6 Pages

    Illegal practices happen because of supply and demand hidden by both legal and illegal business transactions such as tax evasion for the illegal trade of goods and service on a local and global level. Money laundering is sought out due to profit margins made when criminals avoid paying taxes on legitimate proceeds from illegal activities. Worldwide, money laundering amounts to around 1 trillion per year associated with drug money, bribery, corruption, extortion, embezzlement, and criminal activity (Adel, et al., 2013). Once the dirty money is obtained, it can be used to create legitimate businesses controlled by criminal organizations to support their illegal activities. In fact, the primary source of income of gangs such as the Latin Kings is obtained through money laundering practices and drug distribution while committing theft and various violent crimes (Alder et al., 2013, p.152).The Gangster Disciples have also committed similar criminal acts, but their violations also include prostitution rings (Alder et al., 2013,…

    • 1461 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    IT 499 Unit 1

    • 728 Words
    • 2 Pages

    The exam consists of 100 comprehensive questions that must be completed within 1 hour and 45 minutes. The student must pass the exam with a 75% or higher mark and will receive the prestigious FIBA AMLCA Certification. The program is designed for self-directed independent study through online, and gives participants the flexibility to work at their own pace when completing the reading requirements, power point narratives, discussion questions, practice quizzes, and the examination. The online format utilizes a unique discussion forum in which we answer case-study questions and interact with classmates and the instructor. The only requirement is that all of the work be finished within a 12-week period. To maintain the certification in active status, attendees are required…

    • 728 Words
    • 2 Pages
    Satisfactory Essays