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The law of unintended consequences - money laundering in civil cases

Jonathan Fisher QC has written an article entitled, ‘The law of unintended consequences - money laundering in civil cases’. The article was published in this months’ edition of the Money Laundering Bulletin.


Speed Read

Money laundering may be the substantive issue in civil litigation or collateral to the main case and it is then, especially, that one needs to tread with care, finds Jonathan Fisher QC   . 

Although the concept of unintended consequences is one of the building blocks of economics, there is no doubt that the concept applies equally to the discipline of law. But unlike Adam Smith’s notion of a positive unintended consequence where the public interest is promoted by the unintended result, this is not always the case in law where the unintended consequence is attributable to the legislator’s lack of foresight.

This is precisely the position which has arisen in the context of anti-money laundering where the consequences of non-compliance with the regulatory regime have had an unforeseen adverse impact.

There are also circumstances where the proper application of the anti-money laundering regime can have harmful consequences which were not envisaged at the time when the anti-money laundering legislation was enacted.

Commentary

Read the full PDF version of the article here.

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The views expressed in this article represent those of the author and not Bright Line Law.

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