The European Union’s anti-money laundering system has been restructured to
combat international economic crime and to reshape criminal finance. Today’s
money laundering conspiracies are more complex and are pregnant with the
proceeds of transnational crime. The more criminals succeed in introducing their
ill-gotten gains from the informal to the formal economies, the more financial
systems and anti-money laundering systems will be exposed to the serious and
immediate threats of corruption and penetration.
The reporting system and the exchange of information platforms enable
competent authorities to rapidly trace, freeze and confiscate criminal and subversive
assets, and to sanction wrongdoers. The harmonious operation of the reporting
system and the exchange of information constitutes the central and suspicious eye
of the global anti-money laundering regime. However, without the co-existence of
the latter and their operational harmony, the central eye of the global anti-money
laundering regime will become legally and operationally obsolete.
Against that background, not all suspects and accused persons will be found
guilty, that is, subject to not failing to reasonably and truthfully explain the source
of their wealth to the competent authorities applying money laundering controls.
On the one hand, prosecutors shoulder the burden of proving in court the class
of crime as opposed to particularising the specific offence having generated the
criminal proceeds traced and attacked by the anti-money laundering system. On the
other hand, defendants rightly shoulder the burden of offering, to the satisfaction
of the court, reasonable and truthful explanations about the sources of their wealth.
In today’s globalised financial system, the shifting of responsibility to private
sector reporters to disclose alleged offences through the submission of Suspicious
Activity Reports; the confidential investigation of the financial affairs of suspects
on the precondition that Suspicious Activity Reports are well founded so as to
constitute the starting point for financial intelligence; and the statutory imposition
of the obligation on suspects and accused persons to publicly explain the sources
of unexplained wealth in their possession and control, cannot but constitute
the prescribed tools for the prevention and control of economic crime, illicit
enrichment and terrorist financing. After all, businesses and financial institutions
have become more transparent and more accountable to financial regulators and
to tax authorities than ever before as a result of the responsibility shifted to them
by financial regulation.