GIFT-BASED MONEY LAUNDERING
Keywords:
crime, criminal liability, proceeds of crime, money laundering, legalization, punishmentAbstract
The article delves into the global phenomenon of money laundering, recognized by the international community, including the United Nations, as a prevalent and perilous transnational crime. The escalating threat of legitimizing criminal gains worldwide is a concern shared by the majority of countries. According to experts, recent years have seen criminal proceeds from various illicit activities in money laundering accounting for 2 to 5% of the global gross product, equating to 1 to 3 trillion US dollars. With the globalization of financial systems, there arises a need for coordinated international efforts to combat money laundering. Emphasis is placed on crime prevention, just sentencing, and the alignment of criminal legislation with international standards. Consequently, research is vital for defining accountability for laundering criminal proceeds, addressing contributing factors, ensuring proper legal classification, and bolstering adherence to international norms in national laws.
Until today, the phenomenon of money laundering through the provision of gifts has been little studied. Receiving and giving gifts may be one of the hidden methods and means of laundering criminal proceeds.
References
Simmons, Beth A, The international politics of harmonization: The case of capital market regulation (2001) 55 International Organization no. 03, 589, 620
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
United Nations Convention against Transnational Organized Crime
The FATF Recommendations
Larichev, V. D. Improvement of legislation on combating the legalization of revenue received from criminal activities // State and law. − 2003. - No. 2. - p. 100.
Oswald K. Die Implementation gesetzlicher Massnahmen zur Bekämpfung der Geldwasche in der Bundesrepublick Deutschland. Freiburg i.Br.,Max-Planck Institut für auslandisches und internationales Strafrecht.1997, S. 6 ( Oswald K. Implementation of legal measures against money laundering in the Federal Republic of Germany Freiburg I.B., Institute of Foreign Public and International Law. Max Planck. 1997, p. 6.)
Korchagin O. N., Kolesnikov K. A. Organization of counteraction to legalization (laundering) of revenue received from criminal activities, including from drug trafficking / Under the editorship of I. I. Batyrshin; Textbook. - M., 2013. - p. 19
https://www.gazeta.uz/ru/2023/03/13/gifts/
https://www.investopedia.com/terms/m/moneylaundering.asp
The International Monetary Fund (IMF) https://www.imf.org/external/np/leg/amlcft/eng/aml1.htm