Lawyers and Money Laundering

Paper Summary:

This paper discusses the delicate balance between the sanctity of lawyer-client privilege and the need to protect society. The paper begins by defining money laundering and presenting examples of lawyers who have been involved in money laundering. The paper then explains why the Financial Action Task Force (FATF) views lawyers as potential "gatekeepers" of the money laundering process. Next, the paper discusses the sanctity of lawyer-client privileges. A discussion on law enforcement efforts to balance the rights of the individual vs. the protection of society then follows. The paper concludes that this ethical dilemma of the relationship between lawyers' right to defend individuals and organized crime involved in money laundering creates topical discussions with no clear answers.

Outline:
Introduction
Money Laundering Defined
Examples of Lawyers Involved in Money Laundering
FATF Describes Lawyers as "Gatekeepers"
Ethics and the Sanctity of Lawyer Client Privilege
Balancing the Rights of the Individual versus the Protection of Society

From the Paper:

"Balancing the protection of society versus defending individual rights is an ethical dilemma that criminal defense lawyers may experience. This is especially enhanced when lawyers represent the interests of organized crime. Money laundering endangers the social economic fabric of society and is linked to serious crimes of violence, drug trafficking and terrorism. Legislation is designed to assist law enforcement with investigating and prosecuting crimes such as money laundering. However, legalities have been overcome by professionals such as accountants, bank managers, insurance agents and lawyers. These professionals viewed as potential "gatekeepers" of the money laundering process can easily become embroiled into facilitating the needs of organized crime, either unwittingly or knowingly."

Sample of Sources Used:

• Abadinsky, H. (2003). Organized crime (7th ed.). Toronto, ON: Wadsworth/NelsonThomson Learning.
• Benning, J. (2001). That's where the money is: An exploration of the international effort to contain transnational organized crime through the formation of anti-money laundering regime. Dissertation Abstracts International, 62 (02), 765A. (UMI No. AAI3003033).
• Canadian Bar Association, British Columbia. (2002). Lawyer-client privilege protected. Supreme Court Canada strikes down provision to search lawyer's offices. Retrieved on November 10, 2006 from http://www.cba.org/bc/cba_publications/bartalk_10_02/cover.aspx
• Federation of Law Societies of Canada. (2002). Supreme Court of Canada grants leave to appeal Allan's decision. Retrieved November 10, 2006 from http://www.flsc.ca/en/whatsnew/april2002.asp
• Financial Action Task Force (FATF). (2003). The forty recommendations. Retrieved November 13, 2006, from http://www1.oecd.org/fatf/40Recs_en.htm.

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