Occupation, Organisation, Opportunity, and Oversight:Law Firm Client Accounts and (Anti-)Money Laundering

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Bibliographic Details
Title: Occupation, Organisation, Opportunity, and Oversight:Law Firm Client Accounts and (Anti-)Money Laundering
Authors: Benson, Katie, Bociga Gelvez, Diana
Source: Benson, K & Bociga Gelvez, D 2024, 'Occupation, Organisation, Opportunity, and Oversight : Law Firm Client Accounts and (Anti-)Money Laundering', European Journal on Criminal Policy and Research. https://doi.org/10.1007/s10610-024-09581-1
Publication Year: 2024
Collection: The University of Manchester: Research Explorer - Publications
Subject Terms: Client (trust) accounts, Legal profession, Money Laundering, Opportunity structures, White-collar crime
Description: The misuse of law firm pooled client accounts has been identified as one of the primary areas of money laundering and terrorist financing risk for the legal profession. This article demonstrates the varied role that client accounts can play in money laundering, through both purposeful exploitation (by the predicate offender, the lawyer/law firm, or both) of the client account or of other legitimate business processes in which the client account inevitably plays a role, and/or a failure to fulfil regulatory requirements. It examines how the nature of law firm pooled client accounts in the UK creates and shapes an ‘opportunity structure’ for money laundering, and the occupational and organisational context of this opportunity structure. The article argues that examining the opportunity structures created by client accounts is a more useful approach than categorising them as inherently low, medium or high risk, as is seen in many national risk assessments and reports. Identifying the factors that create opportunities for money laundering through law firm client accounts can direct policymakers striving to prevent money laundering in the legal profession towards more targeted oversight mechanisms.
Document Type: article in journal/newspaper
Language: English
DOI: 10.1007/s10610-024-09581-1
Availability: https://research.manchester.ac.uk/en/publications/2bea6bea-803e-4cc2-aadd-8a17bfdaf80e
https://doi.org/10.1007/s10610-024-09581-1
http://www.scopus.com/inward/record.url?scp=85192381702&partnerID=8YFLogxK
Rights: info:eu-repo/semantics/openAccess
Accession Number: edsbas.3AB5621C
Database: BASE
Description
Abstract:The misuse of law firm pooled client accounts has been identified as one of the primary areas of money laundering and terrorist financing risk for the legal profession. This article demonstrates the varied role that client accounts can play in money laundering, through both purposeful exploitation (by the predicate offender, the lawyer/law firm, or both) of the client account or of other legitimate business processes in which the client account inevitably plays a role, and/or a failure to fulfil regulatory requirements. It examines how the nature of law firm pooled client accounts in the UK creates and shapes an ‘opportunity structure’ for money laundering, and the occupational and organisational context of this opportunity structure. The article argues that examining the opportunity structures created by client accounts is a more useful approach than categorising them as inherently low, medium or high risk, as is seen in many national risk assessments and reports. Identifying the factors that create opportunities for money laundering through law firm client accounts can direct policymakers striving to prevent money laundering in the legal profession towards more targeted oversight mechanisms.
DOI:10.1007/s10610-024-09581-1