IDEAS home Printed from https://ideas.repec.org/a/eme/jmlcpp/jmlc-09-2019-0069.html
   My bibliography  Save this article

Avocat, rechtsanwalt or agent of the state?

Author

Listed:
  • Ola Svenonius
  • Ulrika Mörth

Abstract

Purpose - The purpose of this paper is to analyse how lawyers in two of the largest European economies manage the contradictory requirements set by anti-money laundering and counter-terrorism financing (AML/CTF) legislation on the one hand and professional codes of ethics on the other hand. Design/methodology/approach - The study is based on qualitative interviews with French and German lawyers. It asks “How do European lawyers handle the conflicting demands ensuing from their roles as frontlines workers?” The paper uses lawyers’ day-to-day practices and variations in member states’ transpositions of the European Union directives as a starting point to study AML/CTF in the miniscule. Findings - The article shows that contextual institutional restraints and cultural factors have significant impact on the possibility to enlist for-profit actors in the fight against terrorism an organised crime. Research limitations/implications - This research highlights several factors inherent in AML/CTF regulation that warrant further research. Not only should further work be carried to broaden the understanding of lawyers but also other actors included in this policy area. Practical implications - The study explains why French and German lawyers do not comply as expected by the legislator. If increased compliance is required, then the paper provides input into what measures can be taken, by policy, enforcement and supervision. Originality/value - The study focusses on a hard-to-reach group of actors in AML/CTF regulation that has never before been studied in detail. As recent scandals have shown, lawyers are key actors in global finance but have rarely been scrutinised in their AML compliance norms and routines.

Suggested Citation

  • Ola Svenonius & Ulrika Mörth, 2020. "Avocat, rechtsanwalt or agent of the state?," Journal of Money Laundering Control, Emerald Group Publishing Limited, vol. 23(4), pages 849-862, April.
  • Handle: RePEc:eme:jmlcpp:jmlc-09-2019-0069
    DOI: 10.1108/JMLC-09-2019-0069
    as

    Download full text from publisher

    File URL: https://www.emerald.com/insight/content/doi/10.1108/JMLC-09-2019-0069/full/html?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers

    File URL: https://www.emerald.com/insight/content/doi/10.1108/JMLC-09-2019-0069/full/pdf?utm_source=repec&utm_medium=feed&utm_campaign=repec
    Download Restriction: Access to full text is restricted to subscribers

    File URL: https://libkey.io/10.1108/JMLC-09-2019-0069?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eme:jmlcpp:jmlc-09-2019-0069. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Emerald Support (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.