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Vanderbilt Journal of Transnational Law

Bruce Zagaris

First Page

1023

Abstract

In 1998, governments and international organizations continued their active efforts to increase regulatory and criminal enforcement of various laws to stem the tide of transnational crime. These efforts were reflected in the criminalization of various business and financial transactions, the imposition of new due diligence measures on the private sector and the concomitant weakening of privacy and confidentiality laws, strengthened penalties for non-compliance with regulatory efforts, and new law enforcement techniques, such as undercover sting operations, wiretapping, expanded powers to search homes and businesses, and controlled deliveries. So obtrusive are many of the law enforcement techniques and the privatization of law enforcement, whereby governments transfer their responsibilities to the private sector, that many professionals engaged in international transfer of wealth counseling analogized the trends to those in Aldous Huxley's A Brave New World (or perhaps the Steve Miller Band's rendition). This discussion outlines the trends in six areas and draws some practice pointers from the trends. Section II will discuss the activities of international organizations that are driving much of the strategy, framework, and minimum standards for the development of an international anti-money laundering regime. Increasingly, international organizations, both of a universal and a more regional level, are consciously trying to build alliances and networks with each other and the private sector. In Section III, selective elements of the substantive law of anti-money laundering are considered in the context of recent developments, such as the continued erosion of secrecy and the imposition of increased due diligence requirements. Section IV discusses major case and miscellaneous developments, such as the failure of Russian offshore banks in Antigua.

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