chapter  25
32 Pages

Balancing financial threats and legal interests in money-laundering policy

ByPetrus C. Van. Duyne*, Marc S. Groenhuijsen, A.A.P. Schudelaro

The fight against money laundering has been energetically introduced and developed into a global enforcement regime. This chapter reviews and compares the ways the policies in the two areas of money-laundering and computer crime evolved, thereby considering on the one hand, their foundations and on the other hand, the requirements of equity. It briefly describes some aspects, aims and evidence about the development of both policy areas starting with crime-money and its laundering. Computer crime legislation addressed the potential of tangible harmful infringements by modernising substantive penal law, while anti-laundering policy aimed to protect an abstract legal interest like the integrity of the financial system by addressing the entire flow of money and information. Contrary to the well-balanced computer crime legislation, more attention has been devoted to fear factors of crime-money than to a detached balancing of various legal and social interests.