Banking Supervision and Criminal Investigation

Banking Supervision and Criminal Investigation

Author: Giulia Lasagni

Publisher: Springer Nature

Published: 2019-08-22

Total Pages: 368

ISBN-13: 3030121615

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In the aftermath of the last financial crisis, on both sides of the Atlantic banking supervisors were given new supervisory and enforcement powers, which are often of a substantially punitive-criminal nature. In Europe in particular, the establishment of the Single Supervisory Mechanism within the European Central Bank substantially increased centralised investigatory and sanctioning powers. This major innovation, together with the development of forms of real-time monitoring of banking (often digital) records, challenges traditional banking criminal investigations in their national-based and analogue dimension.The book offers a comprehensive account and perspective analysis of the interactions between the criminal and administrative nature of such new powers, highlighting their “punitive” overall nature and their impact on fundamental rights. Covering both the US and the EU regulatory frameworks, it presents unprecedented, trans-systemic research between criminal law and procedure, and between regulatory and administrative law, at the international, European and national level.The book also includes a rich and detailed selection of case law from the US and the European supreme courts, with a specific focus on CJEU and ECtHR decisions.


Introduction to Criminal Investigation

Introduction to Criminal Investigation

Author: Michael Birzer

Publisher: CRC Press

Published: 2018-07-31

Total Pages: 390

ISBN-13: 1439897484

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The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.


Effective Legal Protection in Banking Supervision

Effective Legal Protection in Banking Supervision

Author: LAURA. WISSINK

Publisher: Europa Law Publishing

Published: 2021-05-12

Total Pages: 382

ISBN-13: 9789462512528

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This book provides an in-depth analysis of the effectiveness of legal protection in the composite procedures in place within the Single Supervisory Mechanism (SSM), established to ensure an effective prudential banking supervision within the euro area. This system, in which the European Central Bank and national prudential banking supervisors closely cooperate, results in a far-reaching shared administration entailing supervisory decisions based on complex composite administrative procedures which involve both EU and national legal orders. The current system of legal protection seems not yet fully-fledged to the reality of increasingly far-reaching forms of shared administration for the implementation of EU law. This book addresses the tension between ensuring effective supervision, by means of a shared administration, and ensuring effective legal protection in composite administrative procedures. To arrive at a meaningful discussion of the SSM's far-reaching shared administration, it categorizes the composite procedures in place within the SSM in such a way that other shared administrations in fields of law such as the European Structural Funds, fisheries, and the Single Resolut


Federal Money Laundering Regulation

Federal Money Laundering Regulation

Author: Steven Mark Levy

Publisher: Wolters Kluwer

Published: 2003-01-01

Total Pages: 1683

ISBN-13: 073554350X

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Federal Money Laundering Regulation: Banking, Corporate and Securities Compliance is a comprehensive guide to understanding and complying with all U.S. legislation and regulatory requirements governing money laundering. Carefully written and well-organized, this book is the most authoritative but practical publication available in this subject area. Users of the book include banks, credit unions, securities broker-dealers, casinos, money services businesses, futures commission merchants, mutual funds, insurance companies and other financial institutions and their legal counsel, As well as regulatory and law enforcement agencies, The criminal bar, public accountants, and federal and state courts. The easy-to-use looseleaf format allows the reader to keep the volume up to date as annual supplements are issued. The current volume has approximately 1100 pages, organized in 27 chapters. Read the highlights in the latest supplement for Federal Money Laundering Regulation: Banking, Corporate and Securities Compliance .


The enforcement dimension of the single supervisory mechanism

The enforcement dimension of the single supervisory mechanism

Author: SILVIA ALLEGREZZA

Publisher: CEDAM

Published: 2020-09-14

Total Pages: 638

ISBN-13: 8813369859

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This book explores the sheer complexity of the SSM’s institutional design adopting an comprehensive approach to banking supervision. At its core, this work examines the tangible mechanisms of prudential regulation or supervision both at the European and national levels, offering a comparative analysis of ten national systems. Reflecting the results of an intensive, four-year research project that saw the collaboration of academics and practitioners, it addresses two interrelated issues. It investigates the efficacy of the shared national- and EU-level enforcement system the EU introduced in reaction to the financial and banking crisis.Secondly, it scrutinizes the role that criminal law can play in sanctioning the breaches to banking regulation.


Prudential Supervision

Prudential Supervision

Author: Frederic S. Mishkin

Publisher: University of Chicago Press

Published: 2009-02-15

Total Pages: 379

ISBN-13: 0226531937

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Since banking systems play a crucial role in maintaining the overall health of the economy, the adverse effects of poorly supervised systems may be quite severe. Without some form of vigilant external oversight, banking systems could fall prey to excessive risk taking, moral hazard, and corruption. Prudential supervision provides that oversight, using government regulation and monitoring to ensure the soundness of the banking system and, by extension, the economy at large. The contributors to this thoughtful volume examine the current state of prudential supervision, focusing on fundamental issues and key pragmatic concerns. Why is prudential supervision so important? What kinds of excess must it guard against? What particular forms does it take? Which of these are the most effective deterrents against mismanagement and system overload in today's rapidly shifting financial climate? The contributors foresee a continued movement beyond simple regulatory rules in banking and toward a more active evaluation and supervision of a bank's risk management practices.