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Banking and Finance Law

Pace University

2014

Money laundering

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Money Spending Or Money Laundering: The Fine Line Between Legal And Illegal Financial Transactions, Matthew R. Auten Mar 2014

Money Spending Or Money Laundering: The Fine Line Between Legal And Illegal Financial Transactions, Matthew R. Auten

Pace Law Review

In this Article, I will examine the history of legislative efforts to combat money laundering in the United States, including the intent and purpose of the Money Laundering Control Act 1986.13 I will then analyze how courts have addressed the challenge of characterizing dual-purpose transactions by developing factors whose presence may show that a transaction was entered into with an intent to conceal. In addition to providing an analysis of several cases where courts grappled with the challenges of characterizing dual-purpose transactions, I will also examine the development of a “heightened” evidentiary standard that is often applied to scrutinize whether …