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The Charge for Money Laundering in Malaysia - A Submission

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The Charge for Money Laundering in Malaysia - A SUBMISSION By SK Cheong 

Author Cheong Sek Kwan
Publication Date 2020
ISBN

9789671829806

Format
Soft Cover

 

 

Although there are many publications on money laundering as a criminal offence, there still is a death of materials on the "charge" for money laundering. In this regard, as in every criminal trial, the charge is of utmost importance. It is the only link between an offence and the offender. No person named in a charge can afford to ignore its contents or to treat it with impunity. If the allegations in a charge are proven, the consequences are severe.

As the title suggests, this book is directed specifically at the charge for money laundering. In chapter 1, readers are taken on a journey back in time with a discussion on a selection of commercial transactions from which money laundering evolved. Chapter 2, is a case-study of the criminalization of money laundering, drawn from the United Kingdom. Chapter 3, outlines the legal provisions related to the offence of money laundering in Malaysia. In chapter 4. readers are introduced to the constitutional, statutory and procedural safeguards in criminal setting. The discussion in Chapter 4, encapsulates the mechanism to invoke the Federal Constitution for relief. Chapter 5, is entitled "Challenging the charge". It is a survey of the grounds upon which a criminal charge may be challenged. The same principles apply to a charge for money laundering. Moving on, the effect of a charge for money laundering on existing transactions, in a commercial setting, is dealt in Chapter 6. Finally, the Annexure contains a selection of model legislation prescribed by the United Nations and the Commonwealth: with these, readers will be able to see first-hand, the effort by the various multi-lateral agencies to criminalize money-laundering. 

It is hoped that this book will demystify one of the most important and challenging aspects of money laundering for the benefit of businessmen (and women) and their professional advisors. 

About the Author: SK Cheong began his career in the tax division of Arthur Andersen & Co. He went on to join the offshore banking division of Banque Nationale de Paris as a credit analyst. Subsequently he became the country manager for Malaysia of a Caribbean-based trust company before starting his practice at the Malaysia Bar. SK was an examiner for Revenue Law at the Malaysian Institute of Taxation (now Chartered Tax Institute of Malaysia) for 15 years and has been in practice as an Advocate for 20 years. He regularly appears at every level of the judicial hierarchy in civil, commercial and criminal proceedings. 

TABLE OF CONTENTS

1. Setting The Scene
 -The evolution of money laundering

2. The Crime of Money Laundering
 -Some lessons from the United Kingdom

3. The Offence of Money Laundering In Malaysia
 -The Key provisions of AMLA 2001

4. Interpreting the Offence of Money Laundering
 -The Federal Constitution, the penal statue and the charge

5. Challenging the Charge for Money Laundering
 -Miscarriage of justice explained

6. Money Laundering and Existing Transactions

7. Epilogue

Annexure 1
 -R v Montila

Annexure 2
 -United Nations Model Anti-Money Laundering Law

Annexure 3
 -United Nations Model Proceeds of Crime Bill

Annexure 4
 -Commonwealth Model Anti-Money Laundering Law

Annexure 5
 -Examples of Suspicious Transactions
  (Monetary Authority of Singapore)

 

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