Most Popular Books by Colin King

Mines & EOD Operational Guide provides detailed operational information on mines and explosive ordnance devices currently in production and in use around the world

Ancestors and descendants of William Bowden who emigrated from Benendon, England to Australia in 1838.

Following concerns that the art market is being used to launder criminal money and fund terrorist activities, measures have recently been introduced to subject the market to the anti-money laundering (AML) regime - such as the EU 5th Money Laundering Directive (2018) and the US Illicit Art and Antiquities Trafficking Prevention Bill (2018). The expansion of the AML regime to include art dealers has been attributed to the failure of regulation and the vulnerabilities inherent in the market to laundering. This paper considers vulnerabilities to money laundering and examines the types of regulation that apply in the art market. The paper then goes on to analyse the application of AML criminal law and preventive measures in the UK context, demonstrating that art dealers can be criminally prosecuted for engaging in normal commercial activities. Even if dealers do comply with AML reporting rules, such compliance can significantly impact upon their business. These are important considerations given the government''s emphasis on striking a balance between the burdens on business and deterring money laundering activities. Drawing upon the AGILE analytical framework, we remain sceptical about the continued expansion of the AML regime.

The EU has a long history of directives concerned with confiscating proceeds of crime. Post-conviction confiscation, as the term implies, requires a criminal conviction before confiscation can occur. In this regard, such confiscation is unproblematic (though there are separate practical difficulties). More controversial, however, is the use of non-conviction-based confiscation (NCBC), whereby property can be confiscated absent criminal conviction and on the civil standard of proof. While NCBC has been adopted in some EU countries (notably Italy, Ireland, and the UK) and has withstood constitutional challenge, there has been resistance to adoption of an EU Directive on NCBC. This chapter will examine different NCBC models and EU developments and proposals, including Directive 2014/42/EU (where an initial draft included NCBC, but this was ultimately dropped in the final version) and Regulation Regulation 2018/1805 (with different types of confiscation), before questioning the effectiveness of the non conviction based confiscation approach.

A double fragmentation is reflected in the growth of two distinct regimes to respond to the financing of illicit activities. On the one hand are anti-money laundering (AML)/proceeds of crime (PoC) policy and legislation which, in their current guise, can be traced back over four decades. While AML/PoC were in full swing when the hour of need arrived in 2001, CTF has emerged as a distinct field, with a rival degree of complexity and feeble distinct impact. In this way, doubts about the whole strategy of AML/PoC and their usefulness as a ploy for the prevention, disruption, conviction, or punishment of crime do not rule out a read across to CTF because corresponding doubts are harboured, especially if the reading across can improve the chances of success. The core objective for this article is to explore whether this fragmentation was inevitable and should be maintained today. Has the time arrived instead for consolidation? In order to answer these questions, the article will first analyse the background and history of how CTF was developed as an addition to AML/PoC and how it was not incorporated within its predecessor. This initial survey will lead into the second part of the article in which there is reflection on the core characteristics of CTF - its ''DNA'' - and whether they mark it out as a ''closed system'' which cannot receive meaning from AML/PoC. The survey forces the recognition of some true distinctions, though not to the extent of confirming autopoetic systems in operation. In the third part of the article, factors of confluence should equally be examined - whether there are strategic and operational imperatives which should press towards confluence rather than dissonance. The conclusion seeks to reflect on the relationship between CTF and AML/PoC, bearing in mind that these are categories which operate primarily not as academic constructs but as formulations which determine personal lives and professional actions.