Money Laundering. Aspects of Legal and Criminal Issues

• Author: Alina Ana Dumitrache
• Position: Assistant Professor, PhD in progress, Faculty of Law, 'Danubius' University of Galati, 3 Galati Boulevard, 800654 Galati, Romania
• Pages: 85-101

Abstract:

This study aims

laundering, both in classical

Romania, in an attempt to cl

and future t endencies of fina

analysis of comparative law p

differences between the Rom

forms and effects o f money

measures for preventing and

comparative approach of th

laundering is essential for the

Keywords:

money launderin

1. Argument

Money laundering, th

are filtered through

appearance of legali

international commun

many monographs a

laundering, the deplet

the necessity and time

must be comprehensiv

1

Assistant Professor, PhD

Boulevard, 800654 Galati,

soosalina@univ-

danubius.ro

J

Alina DUMITRACHE

1

ms at analyzing objectively v arious techniques and metho

cal and modern ways, by presenting case studies from the leg

clarify a number of issues related to the compl

exity of th is c

inancial criminals for

laundering proceeds of crime.

Also, acc

w performed in the last chapter, we highlighted a number of si

Romanian legislation and the legislative laws of other states, s

ey

laundering on the studied national systems as well as hig

nd fighting against these crimes adopted by the analyzed legal

the criminal and legal framework of preventing and comb

the Romanian legal system efficiency in this matter.

ring techniques; tax evasion; offshore centers; extended confis

, the process by which the proceeds of crimin

gh a multitude of transactions in order to

ality, is one of the most complex problems

unity is facing. We note that, although lately

s and studies dedic

ated to the analysis o

letion of this topic seems to be unattainable. H

imeliness of this investigation of this crime; th

sive, detailed and well reasoned.

in progress, Faculty of Law, “Danubius

” Uni versity of Ga

ati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.

.ro

.

Money Laundering.

Aspects of Legal and Criminal I

AUDJ, vol. VII,

no.

JURIDICA

85

hods of money

legal practice in

is crime, curr ent

according to the

f similarities and

s, surprising the

highlighting the

gal systems. The

mbating

money

fiscation

inal

activity

to give an

ms that the

ely there are

of money

. Hence also

the research

Galati, 3 Galati

1.290. E

-mail:

al Issues

o. 3

, pp. 85-101

ACTA UNIVERSITATIS DANUBIUS No. 3/2011

86

2. The Theoretical and Practical Importance

The theoretical and practical importance of this scientific approach is shaped

by the destabilizing effects that this crime has on the society, on the

financial, economic, banking, and commercial system. Identifying the

methods, techniques and money laundering typologies is particularly

important in order to adopt the most appropriate policies and strategies in

order to combat financial crime and to identify new methods and trends and

other areas vulnerable to money laundering infiltration. (Bogdan, 2010, p.

90)

Equally relevant is also the understanding of the evolution over time of

these tendencies, the context that determined that, in a certain period of

time, they are used by specifically by financial criminals. Also, according to

the comparative law analysis performed in the last chapter, we highlighted a

number of similarities and differences between the Romanian legislation

and legislative laws of other states, by underlining the forms and effects of

money laundering on the studied national systems as well as highlighting

measures of preventing and combating this crime adopted by the analyzed

legal systems. The comparative approach of the legal and criminal

framework of prevention and fight against money laundering is essential for

the Romanian legal system efficiency in this matter.

3. Research Objectives

This study aims at objectively analyze and describe various techniques and

methods of money laundering, both classical and modern ways by

presenting case studies of legal practice in Romania, in an attempt to clarify

a series of complex aspects of this crime, of current and future trends of

financial criminals for laundering proceeds of crime.

4. Specific Research Methods

In carrying out this scientific approach, there were involved various

methods specific to the scientific research. Thus, documentation,

bibliographic research, comparative study of laws of other states in matters

of money laundering, the analysis of judicial practice in both Romania and

other EU countries are the used methods in order to achieve the mentioned

above research objectives.