CAVE PECUNIAM: LAWYERS AS LAUNDERERS

The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which mon...

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Bibliographic Details
Main Authors: RA Koen, AJ Hamman
Format: Article
Language:Afrikaans
Published: North-West University 2012-12-01
Series:Potchefstroom Electronic Law Journal
Subjects:
Online Access:http://www.nwu.ac.za/af/webfm_send/60610
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author RA Koen
AJ Hamman
author_facet RA Koen
AJ Hamman
author_sort RA Koen
collection DOAJ
description The attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which money launderers pose to attorneys and to highlight the need for vigilance in the face of these dangers. It analyses the anti-money laundering reporting obligations imposed on attorneys by the Financial Intelligence Centre Act and considers impact of these obligations upon the attorney-client relationship. Some of the ways in which a law practice may become implicated in the placement, layering and integration stages of the money laundering process are discussed, and cases which deal with attorneys’ involvement in money laundering schemes are presented.
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spelling doaj.art-077aa806c4c04cad801cd7089279846d2022-12-22T01:55:11ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812012-12-0115568100CAVE PECUNIAM: LAWYERS AS LAUNDERERSRA KoenAJ HammanThe attorney’s trust account is an enticing prospect for criminals seeking ways to launder money acquired illegally, and the attorney whose trust account is abused in this way stands to be branded and punished as a money launderer. The overall aim of the article is to identify the dangers which money launderers pose to attorneys and to highlight the need for vigilance in the face of these dangers. It analyses the anti-money laundering reporting obligations imposed on attorneys by the Financial Intelligence Centre Act and considers impact of these obligations upon the attorney-client relationship. Some of the ways in which a law practice may become implicated in the placement, layering and integration stages of the money laundering process are discussed, and cases which deal with attorneys’ involvement in money laundering schemes are presented.http://www.nwu.ac.za/af/webfm_send/60610trust accountattorneysmoney launderingFICAconfidentialitylegal professional privilegereporting obligationscash thresholdsuspicious transactiontipping off
spellingShingle RA Koen
AJ Hamman
CAVE PECUNIAM: LAWYERS AS LAUNDERERS
Potchefstroom Electronic Law Journal
trust account
attorneys
money laundering
FICA
confidentiality
legal professional privilege
reporting obligations
cash threshold
suspicious transaction
tipping off
title CAVE PECUNIAM: LAWYERS AS LAUNDERERS
title_full CAVE PECUNIAM: LAWYERS AS LAUNDERERS
title_fullStr CAVE PECUNIAM: LAWYERS AS LAUNDERERS
title_full_unstemmed CAVE PECUNIAM: LAWYERS AS LAUNDERERS
title_short CAVE PECUNIAM: LAWYERS AS LAUNDERERS
title_sort cave pecuniam lawyers as launderers
topic trust account
attorneys
money laundering
FICA
confidentiality
legal professional privilege
reporting obligations
cash threshold
suspicious transaction
tipping off
url http://www.nwu.ac.za/af/webfm_send/60610
work_keys_str_mv AT rakoen cavepecuniamlawyersaslaunderers
AT ajhamman cavepecuniamlawyersaslaunderers