Lessons for compliance officers from regulatory enforcement actions and guidance

2020 ◽  
pp. 208-223
Author(s):  
Alan Brener
Author(s):  
Pierre-Hugues Verdier

In the years since the 2008 financial crisis, U.S. prosecutors have brought dozens of criminal cases against the world’s most powerful banks, charging them with manipulating financial indices, helping their customers evade taxes, evading sanctions, and laundering money. To settle these cases, global banks like UBS, Barclays, HSBC, and BNP Paribas paid tens of billions of dollars in fines. They also agreed to extensive internal reforms, hiring hundreds of compliance officers, spending billions on new systems, and installing independent corporate monitors. In effect, they agreed to become worldwide enforcers of U.S. law and policies. This book examines the U.S. enforcement campaign against global banks across four areas: benchmark manipulation, tax evasion, sanctions violations, and sovereign debt. It shows that U.S. prosecutors have unilaterally carved out a new role as global bank regulators, heralding a fundamental shift in how international finance is overseen. Their ability to do so stems from U.S. control over vital hubs of the international financial system, from which they can threaten global banks with exclusion. In some areas, these unilateral U.S. actions have ushered in important multilateral reforms, such as the rise of automatic tax information exchange and better-regulated financial indices. In other areas, such as financial sanctions, unilateralism has attracted protests from other states and attempts to bypass U.S.-based financial infrastructure, which could undermine the country’s power.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Fabian Maximilian Johannes Teichmann ◽  
Marie-Christin Falker

Purpose This paper aims to illustrate how illegally obtained funds are laundered through raw diamonds in Austria, Germany, Liechtenstein and Switzerland. Design/methodology/approach To identify specific money laundering techniques involving raw diamonds, this study used a qualitative content analysis of data collected from 60 semi-standardized interviews with both criminals and prevention experts and a quantitative survey of 200 compliance officers. Findings Raw diamonds are extraordinarily suitable for money laundering in European German-speaking countries. In particular, they may be used in all three stages of the laundering process, namely, placement, layering and integration. Research limitations/implications Because the qualitative findings are based on semi-standardized interviews, their insights are limited to the perspectives of the 60 interviewees. Practical implications Identifying gaps in existing anti-money laundering mechanisms should provide compliance officers, law enforcement agencies and legislators with valuable insights into how criminals operate. Originality/value While prior studies focus on the methods used by organizations to combat money laundering and how to improve anti-money laundering measures, this paper investigates how money launderers operate to avoid detection, thereby illustrating authentic experiences. Its findings provide valuable insights into the minds of money launderers and combines criminal perspective with that of prevention experts.


Author(s):  
Ines Wagner

This book addresses the complexities of transnational posted work through three key topics. First, it examines how the de-territorialization of national models and employment relations systems opens up exit options for management, enabling them to use the regulatory framework creatively and at a disadvantage for workers. Second, it discusses how re-territorialization, or resistance, is possible within these spaces. Third, the book analyzes the contours of the new structure for employment relations that emerges within the pan-European labor market and its implications for worker voice, regulatory enforcement, and management power. The research presented in this book is based on a qualitative and multilevel case study approach. It examines how posted workers and actors involved in the posting relationship actually utilize and experience the European posting framework by focusing on the experiences of transnational posted workers. This distinguishes the book from macro- and national-focused approaches in comparative political economy and industrial relations by zooming in on the workplace dynamics in a transnational setting. The window to how posted workers experience intra-EU mobility is Germany and the two sectors where posting is most prevalent: the construction and meat slaughtering industries.


Sign in / Sign up

Export Citation Format

Share Document