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Rotman Edgardo: Regulating Fraud Across
Borders

Regulating Fraud Across Borders

Internationalised Criminal Law Protection of Capital Markets

Introduction 
1. The Internationalisation Process 
I. The Concept of Legal Internationalisation 
II. Extraterritorial Application of National Law 
III. International Cooperation 
IV. Mutual Recognition 
V. The Diffusion of the American Legal Model 
VI. Suppression Treaties and Conventions 
VII. Internationalisation through EU Directives and Regulations 
VIII. Harmonisation 
IX. Transnationalisation as a Subcategory of Legal Internationalisation Lato Sensu 
A. Transnational Law in General 
B. Transnational Criminal Law 
C. ‘Transnationalisation’ 
X. Economic Underpinnings 
A. The Globalisation of Financial Markets 
B. Relationship between the Economy and Business-Related Criminality 
XI. Social and Psychological Underpinnings: White-Collar Criminality in the Context of a Globalised Economy 
2. The Internationalisation of Securities Fraud-Related Criminal Law in General 
I. Introduction 
II. Securities Fraud as a Criminal Offence 
A. The Concept of ‘Securities’ 
B. The Concept of ‘Securities Fraud’ in American Law 
C. Criminal Securities Fraud in American Law 
III. Critical Statutory Interpretation 
A. Shortcomings of American Legal Scholarship in the Field of Criminal Securities Frauds 
B. The Use of Comparative Criminal Law to Rethink and Reform the Doctrine of Criminal Liability
in American Securities Law 
3. Extraterritorial Application of United States Law 
I. Introduction 
II. The Crucial Role of Extraterritorial Enforcement of the United States Criminal Law in the Prevention and Repression of Financial Fraud 
A. Evolution of the Notion of Extraterritoriality 
B. Extraterritoriality of Business-Related Criminal Law in a Globalised Economy 
C. The Pros and Cons of Extraterritorial Enforcement of Business-Related Criminal Law
III. Overview of United States v Vilar’s Fundamental Precedents 
A. United States v Bowman 
B. Morrison v National Australia Bank 
C. Morrison’s Casualties 
D. The United States Congress Attempt to Overrule Morrison 
IV. Critical Analysis of United States v Vilar
A. United States v Vilar 
B. How a Comparative Analysis of the German Criminal Law Model can Help Identify Signifi cant Shortcomings in United States v Vilar 
V. Discussion of Each of United States v Vilar’s Supporting Arguments 
A. First Critique of Vilar 
i. Extent and Significance of the Bowman Exception 
ii. The Presumption Against Extraterritoriality Called into Question 
B. Second Critique of Vilar 
C. Third Critique of Vilar 
D. Fourth Critique of Vilar 
E. Conclusion 
4. The Internationalised Repression of Insider Trading 
I. The United States Law on Insider Trading 
II. The Internationalisation of Insider Trading Law 
III. Switzerland 
IV. European Union 
V. France
A. Historical and Institutional Background 
B. Past Developments on the Insider Trading Prohibition 
C. Present Regulation of Insider Trading 
D. Constitutionality of the Accumulation of Administrative and Criminal Sanctions 
VI. United Kingdom 
VII. Italy 
VIII. Germany 
A. Development of Insider Trading Law in Germany 
B. Effectiveness of Insider Trading Provisions 
C. Recent Reforms 
5. The Internationalised Repression of Stock Market Manipulation 
I. Introduction 
II. Market Manipulation in the United States 
III. Traditional Forms of Market Manipulation 
IV. New Forms 
V. Benchmark Manipulation 
A. Significance: LIBOR and its Replacement 
B. EU Benchmarks Regulation 
VI. Swiss Criminal Law: Internationalisation of the Market Price Manipulation Prohibition through the Diffusion of the American Model 
VII. European Regulation of the Market Manipulation Prohibition 
VIII. Developments in Some EU Member States Towards Adjusting to European Regulation 
A. France 
i. Legislative Developments 
ii. Constitutionality of the Accumulation of Criminal and Administrative Sanctions Dealing with Market Manipulation 
B. United Kingdom 
C. Italy 
i. Legislative Developments 
ii. The Two-Track Sanctioning System and the Principle Non Bis in Idem 
D. Germany 
Conclusions

The Law of Financial Crime

Following the events of 9\11 individual countries and the international community became increasingly concerned about how best to prevent the funding of terrorist groups. Alternative remittance systems such as Hawala, where money is moved informally between a network of brokers in the Middle East, north Africa and south Asia have been identified as a potential source of terrorist financing leading to calls for greater regulation of such alternative remittance systems.This book analyses the risk such alternative remittance systems pose in terms of terrorist financing, offering a detailed overview of the historical origins and methods of operation of alternative remittance systems or informal value transfer systems. The factors that have come to ensure that these systems have remained operationally viable in modern times are identified along with the risks they present balanced against an overview of their actual misuse for illicit purposes to date. The book presents a detailed critique of the UK framework for the regulation of these systems drawing where possible on existing data to assess the use and effectiveness of these measures in practice. A range of options for mitigating risks associated with specific remittance corridors is considered ranging from initiatives that promote remittances through the banking sector, to efforts to mitigate risk and the impact on the delivery of UK overseas development aid. The book concludes with key recommendations as to the effectiveness of the current regulatory framework within the UK viewed from the perspective of international efforts to secure the regulation of these systems, and in stemming terrorist finance as part of national and international counter-terrorism policy.

The Regulation of Hawala and Alternative Remittance Systems

Stemming Terrorist Finance

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

This text offers a comprehensive and holistic overview of the criminal justice process from the commission of an offence to resettlement or community supervision and formal exit from the process. It is designed to give students and researchers a unique insight into the criminal justice system, with a key focus on issues faced by practitioners and the impact these issues have on decision making.

A Practical Introduction

The Criminal Justice Process

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Studies of the Oxford Institute of European and Comparative Law

The leading Spanish language treatise on the law on torts has now been translated into English, making it accessible to jurists, scholars and practitioners throughout the world. It addresses the central analytical questions in modern tort theory by reference to first principles, explaining how doctrinal tension has resulted from the law's evolution. The book also offers a theoretical framework for understanding and analysing the doctrines behind the main tort rules found in different jurisdictions, including their interrelationship and historical development. Steeped in Chilean legal doctrine and case law on torts, it also considers authorities from Britain, Germany, the USA, France and Spain. This is a magisterial and important work.

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

La procédure pénale en schémas

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOS · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

Rethinking the Protective Principle

Extraterritorial Criminal Jurisdiction and International Terrorism

Boundaries in Context

Asia-Pacific Trusts Law, Volume 3

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

Regulating Fraud Across Borders

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