engleski

The dubious role of lawyers in the implementation of measures to prevent money laundering and terrorist financing

Lawyers and their position in the legal system are very important for a stable and effective anti-money laundering system. Because of the breadth and diversity of providing services, lawyer are potential participants in money laundering process, as well as vulnerable groups at risk of possible instrumentation for criminal purposes. For this reason, a stable system of money laundering cannot survive without the integration of the role of lawyers as active participants in implementation of such a system. Considering their important role as “gatekeepers” of any legal system and their financial flows, lawyers are obligated to apply customer due diligence procedure whether by acting on behalf of and for their client in any financial or real estate transaction, or by assisting in the planning or execution of transactions for their client concerning: the buying and selling of real property or business entities ; managing of client money, securities or other assets ; opening or management of bank, savings or securities accounts ; organisation of contributions necessary for the creation, operation or management of companies or creation, operation or management of trusts, companies or similar structures. Such a legislative solution is the result of FATF typological analysis and requirements of Third directive (Directive 2005/60/EZ), covering the riskiest situation in which a lawyer professional expertise can help their clients in disposition of suspicious assets. „Liberal-chaotic” arbitrary concept of lawyer’s role in anti-money laundering system existed in a period before pandering lawyer obligations under the provisions of the same system. Just at that time there were no legislative borders, and the lawyers were misplaced in a legal void arbitrariness assisting or failure to money launderers. Based on this concept, the global phenomenon of money laundering had unlimited opportunities for development with the assistance of "unscrupulous" lawyers who have not found it necessary to comply with the applicable legal provisions. The results of such a “liberal-chaotic” conception of the lawyer's role in the anti-money laundering system led to alarming results presented typological analysis FATF 1996-2000 and for the responsible international factors to change.

money laundering; lawyer; suspicious; transactions; attorney-client privilege; risk; legal advice

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