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论文作者:留学生论文论文属性:职称论文 Scholarship Papers登出时间:2010-12-24编辑:anterran点击率:5186
论文字数:3125论文编号:org201012241448331078语种:英语 English地区:美国价格:免费论文
关键词:tipping offLegal and RegulatoryAspectsFinancial Crime
留学生作业代写网BUT the effect of this application and hearing before Court was to achieve the very objective which the police and investigation authorities, along with the bank, were trying to avoid all along., namely it made A Ltd and its advisors aware of the motive behind the earlier secret application to Court by the bank and they could therefore conclude that serious criminal investigations were underway.
Who should pay for all this legal argument? This led to more Court proceedings…. as to the issue of how costs should be borne as between the bank and A Ltd and directions how best to proceed in future cases such as this. Judge ruled the Judge at Stage 1 of the case had been wrong to grant the original injunction sought by the bank freezing A Ltd’ account.
The judge looked for guidance on the application of the tipping-off legislation and expressed his unhappiness with lack of firm and specific police evidence to assist the bank in support of that original application. He stressed that this was NOT the fault of the bank itself as the police had told it that they did not wish any of the information on which its suspicions were based to be laid before the Courts and that they would regard this as tipping-off….but the bank still had to pay its own legal costs
Court of Appeal judge did acknowledge the extreme nature of the
bank’s dilemma along with the exceptional public policy interest lying behind money laundering legislation:
“Money laundering is an increasingly common problem of large-scale crime. It is of the greatest public importance that the police should be supported by financial institutions in their attempts to prevent money laundering and to detect it when it happens. When a financial institution co-operates with the authorities, then the courts should be sympathetic to an application for their assistance, if assistance is really necessary.”
But he also warned the Law Enforcement authorities against misusing
the offence of tipping-off against financial institutions and bullying them by threatening them with prosecution for “tipping off”
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