Short considerations regarding the need of introduction of the „whistleblower” concept in money laundering prevention and fighting Cover Image

Scurte considerații privind necesitatea introducerii conceptului „avertizorului de integritate” în domeniul prevenirii și combaterii spălării banilor
Short considerations regarding the need of introduction of the „whistleblower” concept in money laundering prevention and fighting

Author(s): Adrian-Petre SAVA-GĂINĂ
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: whistlblower; private organization; money laundering; reward; financial investigation;

Summary/Abstract: The concept of whistleblower does not represent a novelty in Romanian legislation, it was introduced since 2004 by Law 571 / 14th of December 2004 regarding the protection of the personnel from public authorities, public institutions and other bodies that report law breakings, but the scope of reference was limited to organizations in the public area. The recent case of Bradley Birkenfeld, a very well known american private banker, rewarded by the Internal Revenue Service with the amount of 104 million dollars for removing the light of the financial transactions carried out via UBS GROUP AG( fined with the amount of 780 million) in an attempt to hide money from revenue service in the country of origin, brought into debate the need for the completion of the legislative framework both at national and international level with elements from American law relating to this concept, to be able to be implemented in the field of money laundering. Starting from the basis of legal existence, which unfortunately has not led so far to a case of the scale of the one in the United States of America, the system of prevention and control of money laundering would benefit from a tool in addition, at least at the theoretical level to provide data and information which can be exploited by means of financial investigation.

  • Issue Year: VII/2018
  • Issue No: 2
  • Page Range: 445-460
  • Page Count: 16
  • Language: English, Romanian
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