Campaign fund-raising abuses and money laundering in recent U.S. elections: Criminal networks in action

This study describes some of the campaign fundraising abuses perpetuated by Republican and Democratic operatives in connection with recent U.S. elections. Efforts to conceal the source of campaign contributions or to evade contribution and spending limits involved a variety of money laundering techniques including the use of shell companies, straw donors, and the funnelling of money through political action committees and non profit tax-exempt organizations. In addition to the brazen sale of political access, some of the more serious infractions involved the infusion of foreign money into the Republican and Democratic National Committees as well as the Clinton-Gore reelection campaign. The author concludes the crimes that were committed are explained best as organized criminality manifested as complex networks of patron-client relationships.     

Forfeiture and money laundering laws in the United States

Today Europe is faced increasingly with the phenomenon of organized crime, creating problems similar to those the United States faced as early as a decade ago. American forfeiture and money laundering laws provide the state with sweeping powers for use in its efforts to combat organized crime. Although study of these instruments might inspire European lawmakers to adopt similar ones, the instruments themselves carry a societal price tag that cannot be ignored. Classical principles limiting the reach of the criminal law (and the powers of its enforcement apparatus) and in a broader sense the liberal concept of the fragmentary nature of the criminal law have largely been abandoned by lawmakers in the area of organized crime. Thus, modern American forfeiture and money laundering laws have lowered the standards of protection against state intrusion into citizens' basic rights despite the lack of sufficient empirical proof that their investigative and punitive powers are efficient in skimming profits and deterring further crime.     

Organized crime,money laundering and legal economy: theory and simulations

This paper proposes a dynamic model to simulate the relationships between the profits of organized crime, money laundering and legal investments. We develop a macro framework in which organized crime can increase its possibilities to invest in the legal sector by resorting to effective but costly money laundering schemes. The model explores the conditions under which the effectiveness of money laundering causes a positive trend in the legal assets owned by the criminal organizations. We use the model to simulate the total amount of legal wealth generated by organized crime through drug trafficking in different world regions, with particular attention to Europe.     

Technology transfer between the U.S.A. and Europe

The premise is that technology gaps have an important impact on the economic life of nations and also have political consequences. Expressions of concern about the technology gap between Europe and the United States have become steadily less frequent in the recent years. The purpose of this paper is to find out whether some of the lessons that can be drawn from the European technology gap of the '60s contribute to the understanding of the present United States-European technology exchange controversies. This is accomplished by (1) reviewing the European arguments, (2) trying to find out how revelant they have proven to be after a few years, (3) investigating better ways to assess the impact of technological differences with reference to current United States arguments about technology export, and (4) attempting to derive some conclusions on policy implications of transferring technology. It was concluded that important policy decisions have been made and are still being made by technology importing countries with little analytical background on the cost and advantages of achieving a technological capacity. In addition, policy decisions by technology exporting countries are most likely to be made with little knowledge of the real phenomena involved.     

Extra-territorial money laundering legislation: criminal sanction,deterrence, and the African PEP

Many of the provisions of the major international conventions on money laundering concluded by Western-dominated international agencies have rightly metamorphosed into anti-money laundering domestic criminal legislation in several African countries. It is the contention of this paper that this development has happened only haphazardly, and it has been mainly at the prodding of Western financial institutions and donor agencies. African leaders themselves have shown little enthusiasm for the raft of legislations being encouraged (and in many cases enacted) as useful tools in prosecuting cases of money laundering involving politically exposed persons (PEPs). It is further contended that the reason for this antipathy lies in the fact that although these legislations have been construed on universal principles, they have ipso-facto, been construed outside the socio-legal context of the African PEP.     

Client privilege,compliance and the rule of law: Swedish lawyers and money laundering prevention

Can, and will, lawyers police their clients? This article aims to shed light on the private front-line workers of the Financial Action Task Force on money laundering (FATF). The analysis is based on a study of how Swedish lawyers perceive and handle obligations to police clients within FATF style risk-based anti-money laundering/counter terrorism (AML/CTF) regulation. We find that the lawyers were reluctant to taking on the responsibility for AML/CTF, and that their front-line work was directed towards being compliant enough. Relatedly, we identify several practices of separation that serve to mediate between the conflicting aims and interests in the everyday of this form of private policing. Another finding is that the lawyers by and large position themselves as knowledgeable actors, and view risks of AML/CTF as knowable. Nevertheless, lawyers experienced a principle clash between being ‘not banks’, and being front-line workers for FATF. In particular, the lawyers perceived their role as front-line workers to be more complex due to their professional norms and ethics on client privilege, and what they saw as the proper role of lawyers, being in conflict with the obligation to report clients and their transactions. In concluding, we suggest that paying more attention to the everyday experience of front-line workers when devising regulatory tools may be a way to promote engagement in ‘true’ crime prevention on their part.     

Human rights and money laundering: The prospect of international seizure of defense attorney fees

Conclusion At bottom, the power of the state to intervene and effectively control the relationship of a private attorney with that lawyer's client before trial and conviction is simply too onerous to be justified on the basis of crime control alone. The most persuasive arguments inMonsanto andCaplin & Drysdale are those of the dissent, which relied on the centrality to the sixth amendment of the relationship of trust that is fostered in the private attorney-client relationship. The failure to honor the right to counsel of choice results, as the dissent noted, in the possibility of the socialization of criminal defense services and diminution of counsel's independence.These conclusions, of course, are statements of policy, not empirically provable propositions. Major human rights instruments, as well as their interpretation by tribunals, express a policy of overwhelming and explicit commitment to the right to a fair trial, to equality of arms, to the presumption of innocence, to protection from undue government interference with chosen counsel, and to the right to counsel of choice itself. It can only be hoped that these provisions will persuade the European Court of Human Rights to strike the balance of policy equities in favor of protection of the accused.This paper was originally presented as part of a panel on International Human Rights and International Criminal Law, at the American Bar Association annual meeting, Atlanta, Georgia, U.S.A., August 13, 1991.B.A., De Pauw University 1965; J.D., University of Illinois 1972.     

The Banco Delta Asia affair: The USA patriot act and allegations of money laundering in Macau

The anti-money laundering laws of the US are the most powerful in the world. Their broad provisions and extra-territorial reach pose risks to financial institutions around the world. Although they are not widely understood, recent cases demonstrate how these laws operate. In this paper I briefly describe Macau, the new gambling capital of the world; analyze the alleged role of Banco Delta Asia (BDA), a small, family-owned bank in Macau, in money laundering on behalf of North Korea; and offer some observations on the controversial use of Section 311 of the USA Patriot Act.     

美国与欧洲竞争法的差异与联系

美国对于欧洲制定竞争法虽然产生了重要影响,但是欧洲竞争法根植于欧洲本土的反垄断法律思想,体现着大陆法系法律发展的特有特征,是与美国反托拉斯法在本质上相互区别的另一种法律模式.然而随着欧洲经济一体化的加速,欧盟竞争法日益呈现出司法化的倾向,在对竞争评价以及限制竞争效果的评估方式上呈现出趋同于美国反托拉斯法的倾向,并且积极引入竞争法私人执行机制,所以,二者之间之间在法律渊源、实施机制和垄断衡量标方面既存在着差异又具有一定的联系.     

Comparing U.S. and European police subcultures: A field study

This article is a satire of sociology and field anthropology research on comparative police behavior; it uses humorous anecdotes to make a serious point. The author argues that until police supervision is undertaken by civilian review boards, police behavior will never conform to community morality despite attempts at police reform. To support this argument, the author compares U.S., German, Italian, Russian, and French police subcultures in an attempt to calculate (a) the correlation between police behavior and its conformity to community morality, and (b) whether a high correlation results from a high degree of civilian oversight. The author concludes that, because no country has appreciable civilian oversight, and because the police of no country conform to community morality, there is therefore a perfect correlation between lack of civilian oversight and lack of police conformity to community morality.     

U.S. MBA and Management Training Programs in Central and Eastern Europe

The transfer of the American model of management education to Central and Eastern Europe (CEE) is the subject of this paper. It specifically looks at the impact of a U.S. government-funded program to promote linkages between U.S. business schools and institutions in the CEE region. In 1990, the U.S. Agency for International Development (USAID) was authorized by the Congress to develop a program to assist the countries of the CEE region in their transition from command to market economies. This would consist of training and education in economics and management in nine countries from the Baltic states in the north to Albania in the south. This program, known as the Management Training and Economics Education Project (MTEEP) would include twelve grants amounting to nearly $100 million to eleven U.S. universities that would partner with 14 local institutions of higher education. The paper does not purport to contribute to theoretical literature, but rather to chronicle a trend in technology transfer. The author maintains that over a 10-year period MTEEP has contributed to a significant transfer of educational technology in the form of management education, especially in the establishment of MBA and executive MBA programs as well as management training programs.     

美国、欧盟、亚洲各国专利代理制度现状及发展研究

专利制度是激励社会创新、鼓励社会成员发明创造的最有效制度之一。随着国家和企业知识产权战略的发展完善,提供知识产权中介服务的专利律师和专利代理人的数量将会增加。本文着眼于世界发达国家的现行专利中介服务体系,通过比较研究,找准差距,看清问题,在充分借鉴外国经验的基础上,立足本国现实,提出可行的改进措施,提高我国专利中介服务的水平和能力,建立我国高效、协调的专利中介服务体系。