Slipping through the net

Author:

Adeyemi Adebola

Abstract

Purpose The purpose of this paper is to highlight the activities of the FCA with respect to the incidence of money laundering and highlight regulatory gaps. The financial services sector provides a crucial infrastructure for the promotion of wealth and innovation in the UK. This attractive infrastructure also appeals to criminals looking to launder the gains of their illicit activities. Design/methodology/approach The paper analyses the UK money laundering regime, highlighting specific challenging areas. The paper investigates the role of politically exposed persons and the use of corporate structures in promoting money laundering. In this context, it also becomes crucial to investigate the role of financial institutions and the sufficiency of their governance approach in lessening the incidence of money laundering. The paper investigates secondary sources and relies on their findings. It compares these findings to the regulatory outcomes. Findings The paper recommends steps that can be used to lessen the incidence of money laundering in the UK. From the reports evaluated, it is clear that the Financial Conduct Authority is working towards reducing the incidence of money laundering, but this could be further strengthened with the adoption of additional enforcement tools. Practical implications The paper suggests that different approaches should be used based on firm size, the type of business and the risk that a financial services firm presents to the financial sector. A large firm will need to bear more regulatory burden compared to a smaller firm. Originality/value The paper investigates the current approach to minimising the incidence of money laundering in the UK. It suggests that the regulator can guide financial services firms to meet the regulatory objectives by relying on an approach that discerns the regulatory risks presented by different firms depending on their size.

Publisher

Emerald

Subject

Law,General Economics, Econometrics and Finance,Public Administration

Reference33 articles.

1. Chartered Institute of Management Accountants (2016), 4th Money Laundering Directive – Key Changes and How it Will Impact You, CIMA, available at: www.cimaglobal.com/Documents/Member%20docs/mips/4MLD%20Overview.pdf (accessed 4 June 2017).

2. European Union (2015), “Fourth money laundering directive, 2015/849”, available at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015L0849 (accessed 2 April 2017).

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