Accountability (criminal and administrative) of gatekeepers
PhD student: Mrs T. Beekhuis
Promotor: F. de Jong
Duration: 1/9/2019 - 31/8/2023
According to both European and national legislatures, gatekeepers such as banks, accountants and notaries, have an obligation to maintain the integrity of the financial system, since they are in the best position to detect and prevent white-collar crime (e.g. money laundering). The Anti-Money Laundering and Counter-Terrorist Financing Act (Wwft) contains key provisions for the gatekeeper. Chapter two contains provisions regarding customer screening (customer due diligence) and chapter three addresses the reporting of unusual transactions. The objective of this study is to research the effects of the duty to identify and verify customers and the duty to report unusual transactions on the accountability of accountants, banks and notaries (gatekeepers). In the past, detecting crime and supervising users of the financial system was the full responsibility of the government. Nowadays, these tasks belong to private actors (gatekeepers), which means that they have more and different duties than they used to have. Are they fully equipped to fulfil their new role as a gatekeeper? Is it possible to uphold their legal responsibilities? If the gatekeeper fails to uphold his responsibilities, according to both criminal and administrative law he can be held accountable. Therefore, in this study an inventory of the legal and practical consequences of the above mentioned Wwft-duties will be created.