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Mireille Delmas-Marty and Geneviève Giudicelli-Delage assert that “beginning in the late 1980s, the international community became aware of the shortcomings-if not futility-of national rights when faced with increasingly effective international crime prospering precisely because of the disparities between, and lack of harmony among, national legislative bodies…. It was a constant concern in many countries in their struggle against serious crime because permitting the flow of illegal capital poses a threat to everyone and undermines the confidence in law enforcement institutions. The failure of traditional legislation to deal with these new issues was well known. The United Nations Vienna Convention of 1988 provided an international legal framework, although it was specifically organized to battle the traffic of narcotic drugs and psychotropic substances. Thus, there was a strong international push for the adoption of a means to combat money laundering. The second factor stems from the economic impact that the movement of so-called “narcodollars” has on the economies of many countries-enough to interfere greatly with the normal course of production, competition and consumption. The first is the predictable inefficacy of the methods used in the war on drugs. Two separate aspects appear to have been decisive in bringing about an international mobilization to punish the conversion of the proceeds of criminal drug trafficking into apparently legal wealth. The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna Convention of 1988) is considered the international milestone that paved the way for worldwide political and criminal analysis of the subject.Īll efforts to categorize money laundering as a crime on its own were closely associated with the international traffic in narcotics. Recognition of the crime of money laundering traces its origins, in Europe, to a 1980 recommendation by the Council of Europe. Money laundering was at first linked to drug trafficking. When the crimes do come to light, evidence is poorly produced and the facts are difficult to ascertain, given the specialized assessment required, culminating almost always in impunity.” 2 Most of these crimes are covered up by collusive public officials. Such is also the case in the category of financial crimes, which is principally characterized by the absence of social scrutiny.įrancisco de Assis Betti views financial crimes as crimes that are generally “marked by the absence of social scrutiny, due to several factors including an excessive attachment to material things such as profit and egotistical zeal among the owners of capital, who are scornful of the lower classes and confident in their own impunity. On the other hand, the understanding that organized crime greatly affects our economic and social fabric led to the realization that a new class of felony had to be clearly established. To insist on a 19th-century conception of sovereignty is to allow organized crime to exercise its will to the detriment of formal sovereignty.” 1 Each State must, without giving up its sovereignty, achieve broad international cooperation. Gilson Dipp points out that organized crime takes advantage of the “inertia of States, and their closely-regulated executive, legislative and judicial branches, which are bound by the principle of territoriality-the idea that the law holds only within its boundaries. This is made possible by the total ineffectiveness of current national and international laws, which have not kept pace with the changing situation.
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Organized crime has had a relatively free hand in its efforts to make criminal assets legal. A great deal of attention has focused on money laundering due to the highly sophisticated nature of its criminal practices-practices that have been internationally organized and professionally executed for a considerable amount of time.