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Client privilege, compliance and the rule of law: Swedish lawyers and money laundering prevention
Stockholm University, Faculty of Social Sciences, Department of Political Science.
Number of Authors: 22018 (English)In: Crime, law and social change, ISSN 0925-4994, E-ISSN 1573-0751, Vol. 69, no 2, p. 227-248Article in journal (Refereed) Published
Abstract [en]

Can, and will, lawyers police their clients? This article aims to shed light on the private front-line workers of the Financial Action Task Force on money laundering (FATF). The analysis is based on a study of how Swedish lawyers perceive and handle obligations to police clients within FATF style risk-based anti-money laundering/counter terrorism (AML/CTF) regulation. We find that the lawyers were reluctant to taking on the responsibility for AML/CTF, and that their front-line work was directed towards being compliant enough. Relatedly, we identify several practices of separation that serve to mediate between the conflicting aims and interests in the everyday of this form of private policing. Another finding is that the lawyers by and large position themselves as knowledgeable actors, and view risks of AML/CTF as knowable. Nevertheless, lawyers experienced a principle clash between being 'not banks', and being front-line workers for FATF. In particular, the lawyers perceived their role as front-line workers to be more complex due to their professional norms and ethics on client privilege, and what they saw as the proper role of lawyers, being in conflict with the obligation to report clients and their transactions. In concluding, we suggest that paying more attention to the everyday experience of front-line workers when devising regulatory tools may be a way to promote engagement in 'true' crime prevention on their part.

Place, publisher, year, edition, pages
2018. Vol. 69, no 2, p. 227-248
Keywords [en]
Anti-money laundering, FATF, Front-line workers, Lawyers, Private policing, The risk-based approach
National Category
Law Other Social Sciences
Identifiers
URN: urn:nbn:se:su:diva-155979DOI: 10.1007/s10611-017-9753-8ISI: 000428555000007OAI: oai:DiVA.org:su-155979DiVA, id: diva2:1205864
Available from: 2018-05-15 Created: 2018-05-15 Last updated: 2018-05-15Bibliographically approved

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf