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Shima D. Keene - Threat Finance: Disconnecting the Lifeline of Organised Crime and Terrorism

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Threat Finance: Disconnecting the Lifeline of Organised Crime and Terrorism: summary, description and annotation

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Criminal and terrorist organisations are increasingly turning to white collar crime such as fraud, e-crime, bribery, data and identity theft, in addition to more violent activities involving kidnap and ransom, narcotics and arms trafficking, to fund their activities and, in some cases pursue their cause. The choice of victims is global and indiscriminate. The modus operandi is continually mutating and increasing in sophistication; taking advantage of weaknesses in the system whether they be technological, legal or political. Countering these sources of threat finance is a shared challenge for governments, the military, NGOs, financial institutions and other businesses that may be targeted. Shima Keenes Threat Finance offers new thinking to equip any organisation regardless of sector and geographical location, with the knowledge and tools to deploy effective counter measures to tackle the threat. To that end, she brings together a wide variety of perspectives - cultural, legal, economic and technological - to explain the sources, mechanisms and key intervention methodologies. The current environment continues to favour the criminal and the terrorist. Threat Finance is an essential read for fraud and security practitioners, financial regulators, policy-makers, intelligence officials, judges and barristers, law enforcement officers, and researchers in this field. Dr Keene offers an antidote to the lack of good, applied, research; shortcomings in in-house financial and forensic expertise; misdirected financial compliance schemes; legal and judicial idiosyncrasies; unhelpful organisation structures and poor communication. She argues convincingly for a coherent, aggressive, informed and cross-disciplinary approach to an ever changing and rapidly growing threat.

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Threat Finance

I dedicate this book in loving memory to my late father Professor Dennis Keene, scholar, poet, translator and philosopher

Also a wonderful father, mentor and my dearest friend and an epitome of all in life that is pure and good.

Thank you.

Until we meet again

Threat Finance

Disconnecting the Lifeline of Organised Crime and Terrorism

DR SHIMA D. KEENE

GOWER

Dr Shima D. Keene 2012

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

Dr Shima D. Keene has asserted her moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

Published by

Gower Publishing Limited

Wey Court East

Union Road

Farnham

Surrey, GU9 7PT

England

Gower Publishing Company

Suite 420

101 Cherry Street

Burlington,

VT 05401-4405

USA

www.gowerpublishing.com

British Library Cataloguing in Publication Data

Keene, Shima D.

Threat finance : understanding and countering the finance of organised crime and terrorism.

1. Terrorism Finance Prevention. 2. Terrorism investigation.

I. Title

363.32517dc23

Library of Congress Cataloging-in-Publication Data

Keene, Shima D.

Threat finance : disconnecting the lifeline of organised crime and terrorism / by Shima D. Keene.

p. cm.

Includes bibliographical references and index.

ISBN 978-1-4094-5309-3 (hbk. : alk. paper) ISBN 978-1-4094-5310-9 (ebook)

1. Terrorism Finance. 2. Organized crime Finance. 3. Commercial crime Prevention.

I. Title.

HV6431.K385 2012

363.325dc23

2012019100

ISBN 9781409453093 (hbk)

ISBN 9781409453109 (ebk-PDF)
ISBN 9781409483700 (ebk-ePUB)

Printed and bound in Great Britain by the MPG Books Group UK Contents List - photo 1
Printed and bound in Great Britain by the MPG Books Group, UK

Contents
List of Figures and Table
Figures
Table
List of Cases

Ahmed Ali Yusuf and Al Barakaat International Foundation v Commission [2005] T-306/01

Ahmed and others v HM Treasury [2010] UKSC 2

Al-Ghabra v HM Treasury [2010] 4 All ER 829

Al Rajhi Banking and Investment Corporation v Wall Street Journal Europe SPRL [2003] EWHC 1776 (QB)

A v HM Treasury [2010] UKSC 2

A v HM Treasury [2010] 4 All ER 745

A v HM Treasury [2010] 2 WLR 378

A v HM Treasury [2010] All ER (D) 179

A, K, M, Q and G v HM Treasury [2008] EWHC 869

A and others v HM Treasury [2008] EWCA Civ 1187

Federal Insurance Company, et al., Petitioners v Kingdom of Saudi Arabia, et al. [2008] (06-0319 (L)) United States Court of Appeals for the Second Circuit

HM Treasury v Ahmed [2010] All ER (D) 40

HM Treasury v Ahmed [2010] UKSC 5 (SC)

Yassin Adbullah Kadi v Council and Commission [2005] T-315/01

Kadi v Council of the EU and the Commission [2008] c-415/05P 3 CMLR41

Kadi v EU Council and another; Al Barakaat International Foundation v EU Council and another [2010] All ER (EC) 1105

Kadi v European Commission [2010] All ER (D) 79 (Oct) T-85/09

Kadi v European Commission (supported by EU Council and others, intervening) [2011] 1 CMLR 697

Kadi v European Commission (supported by EU Council and others, intervening) [2011] All ER (EC) 169

Marfouz v Ehrenfeld [2005] EWCH 1156 (QB)

R v Allsop and others [2005] EWCA Crim 703

R v Aurora [2010] T2010/0359 (Croydon Crown Court)

R v Ajit Arora & 1 Other [2010] T2010/0358 (Croydon Crown Court)

R v Cuthbertson [1981] AC 470

R v Cuthbertson [1980] 2 All ER 401

R v E [2004] EWCA Crim 1243

R v Gold [1988] 2WLR 812 (HL)

R v Gokal [1999] 97 04132S2

R v Governor of Brixton Prison, Ex parte Levin [1997] Crim LR 891

R v Governor of Brixton Prison [1997] 3 All ER 289

R v Governor of Brixton Prison [1997] 3 WLR 117

R v Governor of Brixton Prison [1998] 1 Cr App Rep 22

R v Governor of Brixton Prison [1997] UKHL 27

R v Governor of Brixton Prison [1997] AC 741

R (on the application of M) v HM Treasury and other actions [2008] UKHL 26

R (on the application of Secretary of State for the Home Department) v E [2009] EWHC 597 (Admin) PTA/2/2007, PTA/11/2007, PTA/8/2008

R v Secretary of State for the Home Department Ex p. Simms [2000] 2 AC 115 (HL)

R v Smart and Beard [2002] EWCA Crim 772

R v Tsouli [2007] EWCA Crim 3300

R v Tsouli [2008] 2 Cr App Rep (S) 247

R v Tsouli and others [2007] All ER (D) 277 (Dec)

R (on the application of Youssef) v HM Treasury [2010] UKSC 2

United States of America v Usama bin Laden et al. (2001) 538 F.3d 71

United States v Royer (2008) 549 F.3d 886

United States v $4,255,625.39 (1982) 551 FSupp 314

List of Statutes and Statutory Instruments

Al-Qaida and Taliban (UN Measures) Order 2006

Anti-Terrorism, Crime and Security Act 2001

Asset-Freezing Act 2010

Computer Misuse Act 1990

Counter Terrorism Act 2008

Criminal (International Co-operation) Act 2003

Criminal Justice (International Co-operation) Act 1990

Criminal Justice Act 1987

Criminal Justice Act 1988

Criminal Justice Act 1993

Data Protection Act 1998

Drug Trafficking Act 1994

Drug Trafficking Offences Act 1986

EC Regulation 2580/2001

European Convention on Human Rights 1950

Executive Order 13224 (US)

Extradition Act 1989

Financial Services Act 1986

Financial Services and Market Act 2000

Freedom of Information Act 2000

Human Rights Act 1998

Intelligence Services Act 1994

Interception of Communications Act 1985

Misuse of Drugs Act 1971

Money Laundering Regulations 1993

Money Laundering Regulations 2003

Prevention of Terrorism Act 2005

Proceeds of Crime Act 2002

Regulation of Investigatory Powers Act 2000

Regulation of Investigatory Powers (Maintenance of Interception Capability) Order 2002 Security Service Act 1989

Security Service Act 1996

Serious Organised Crime and Police Act 2005

Terrorism Act 2000

Terrorism Order 2006

Terrorism (UN Measures) Order 2001 (SI 2001/3365)

Terrorist Asset Freezing Act 2010

Theft Act 1968

United Nations Security Council Resolution 1371 (2001)

United Nations Security Council Resolution 1373 (September 2001)

United Nations Security Council Resolution 1452 (2002)

USA PATRIOT Act 2001

About the Author

Shima Keene is a security advisor and scholar practitioner specialising in Threat Finance, advising and working closely with numerous government departments, the military, law enforcement and judiciaries around the globe. She also advises and provides high level security related education to numerous private sector organisations in a variety of industry sectors to include finance, aviation, oil and gas, insurance and telecommunications. In addition, Shima is a Subject Matter Expert to international defence and security organisations such as NATO, the Organisation for Security and Co-operation (OSCE) and the Council of Europe, and serves as an Expert Witness to the Crown Prosecution Service on matters relating to the financial aspects of organised crime and terrorism.

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