Michele Sciurba Books

This monograph deals with the progressive derogation of civil and human rights in the fight against money laundering, financing terrorists and tax evasion. The marriage of anti-money laundering (AML) and counterterrorism financing legislation has systematically expanded the scope of the authorities’ rights of enforcement and compliance. AML legislation has transformed from a punitive to a preventive system of enforcement that violates the principle of proportionality. This has resulted in a ‘catch-all’ approach that places citizens under a general blanket of suspicion without initial reasonable grounds. In addition, this monograph proposes ways and mechanisms to effectively address money laundering while maintaining fundamental human rights. It also addresses the symbiotic relationship between money laundering and political corruption based on a current analysis of the fundamental characteristics and types of AML regimes in the US, the EU, Latin America, Africa and Southeast Asia.

Money laundering schemes are continually evolving, necessitating that public authorities stay updated and implement advanced measures to combat corruption. This monograph illustrates how Ukraine can enhance its adherence to FATF recommendations, improve state regulation mechanisms, and monitor financial activities more effectively. It introduces a new approach to anti-corruption strategy, advocating for streamlined methods within government using a risk-based approach. By comparing practices in EU countries, the work offers recommendations to bolster Ukraine's anti-money laundering and corruption policies. Corruption is pervasive in Ukrainian public administration, eroding public trust in government and the judicial system, with Ukraine ranking 130th out of 180 countries in international corruption comparisons. Despite having a legal framework that aligns with FATF requirements and implementing measures under the Council of Europe’s Moneyval monitoring mechanism, challenges remain. The National Bank of Ukraine has made strides in risk-based banking supervision and transparency regarding beneficial ownership. However, money laundering via shell companies persists, and the criminal justice system is still heavily influenced by corruption. The inefficacy of cross-border prosecution and the absence of clear legislation on responsibilities hinder the fight against money laundering, compounded by a lack of confiscation orders that o

This monograph provides a thorough analysis of the implementation of global anti-money laundering and counter-terrorism financing (AML/CTF) regulations in the United States and the European Union. It aims to enhance the understanding of academics, legal professionals, and interested readers regarding the AML/CTF legal framework and its complex relationship with international and European human rights law. The enforcement of these regulations has effectively suspended privacy and bank secrecy laws, transforming banks and financial institutions into extensions of law enforcement. This regime poses risks to the fundamental principles of the constitutional state, as increased centralization and cooperation among authorities in sharing personal data create a security architecture that may restrict freedoms. Notably, authorities can access citizens' personal data without initial suspicion, threatening constitutional integrity. Additionally, banks may exploit these policies to exclude legitimate but less profitable customers, particularly those with migration backgrounds, indicating a discriminatory trend that conflicts with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The monograph also examines factors undermining the effectiveness of AML/CTF measures, such as inconsistent rules that complicate cooperation among national investigative authorities. Ultimately, it emphasizes the