1. Legal Avenue in Malaysia for Recovering Unlawful Money in Business Transactions
- Author
-
Raof, Nurazlina Abdul and Aziz, Norazlina Abdul
- Subjects
PricewaterhouseCoopers L.L.P. (New York, New York) -- Laws, regulations and rules ,Bribery -- Laws, regulations and rules ,Forfeiture -- Laws, regulations and rules ,Judicial opinions -- Laws, regulations and rules ,Antiterrorism measures -- Laws, regulations and rules ,Accounting firms -- Laws, regulations and rules ,Terrorism -- Laws, regulations and rules ,Money laundering -- Laws, regulations and rules ,Government regulation ,Business - Abstract
Purpose: The monetary transaction is significant in business activity, however, it might inadvertently involve unlawful money, such as bribery, which is an offence under the Malaysian legislation. The article discusses the difficulties of recovering them and the legal exceptions for businesses. This analysis critically evaluates the Malaysian civil forfeiture laws to assess the effectiveness and deficiencies of the legal framework in reclaiming unlawful money involved in business transactions. Design/methodology/approach: By utilising the doctrinal approach, this paper critically examines the application of civil forfeiture provisions in the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA 2001) in recovering unlawful money in business transactions. Relevant practices, rules and regulations and legal cases in Malaysia support the analysis. The data collected were analysed using content and thematic analysis with specific coding and themes. Findings: The study unravels the impediments to the effective implementation and enforcement of the said provisions. Research limitations/implications: The research examines the AMLATFPUAA legislation and case laws. Practical implications: The probability of unsuccessful civil forfeiture action is high if a business entity accepts payment in good faith without knowledge of the funds' illegal origin. Originality/value: The study findings may assist policymakers in comprehending the challenges and impracticalities of current legal requirements in retrieving unlawful money in business transactions. Keywords: Civil Forfeiture, Unlawful Money, Business Transactions, Good Faith, Innocent, Introduction Money laundering is a perpetual occurrence. According to the Global Financial Integrity (GFI), a Washington-based think tank 10-year analysis, illegal financial flows to and from 148 Developing Countries: 2006-2015, [...]
- Published
- 2024