Untraceable cryptocurrencies as money laundering and terrorist financing risk, and therole of lawyers as gatekeepers for the transactions
Başlık çevirisi mevcut değil.
- Tez No: 785717
- Danışmanlar: Belirtilmemiş.
- Tez Türü: Yüksek Lisans
- Konular: Maliye, Finance
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2022
- Dil: İngilizce
- Üniversite: University of Westminster
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 27
Özet
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Özet (Çeviri)
The title of the present research is“Untraceable Cryptocurrencies as Money Laundering and Terrorist Financing Risk, and the Role of Lawyers as Gatekeepers for the Transactions.”The question is studied through three research questions, the first one being“How do untraceable cryptocurrencies increase risks as to money laundering and terrorist financing?”with the objective to show what aspects of cryptocurrencies create money laundering risks. The second research question is“What measures are already being taken in this field by authorities, regulators and other bodies?”and the associated research objective is to outline policy objectives on money laundering through cryptocurrencies; while the third one is“Can lawyers as designated non-financial professions and gatekeepers play a soft role keeping cryptocurrencies over ground, through their role in identifying transactors for ownership reasons?”and the associated research objective is to identify lawyer roles that provide soft options for identity tracing in cryptocurrencies. The study first outlines the methodology, followed by analysis about how untraceable cryptocurrencies increase money laundering and terrorist financing risks by considering FATFidentified issues and technological factors. Subsequently, measures taken by UK authorities and regulators are considered, followed by suggesting potential roles for lawyers as gatekeepers. The final chapter concludes and provides recommendations. The method of research is qualitative and based on analysis of primary and secondary data including statutory law, legal authorities, secondary legislation, principles of soft law and decisions by monitoring and enforcing authorities, but also scholarly research on cryptocurrency traceability, and cryptocurrency risk assessments made by pertinent authorities. It is concluded that untraceable cryptocurrencies provide strong tools for anonymity when implemented strongly, and that despite weakness of the system is human behaviour and heuristic analysis possibilities, the problem can be overcome technologically in order to leave insufficient information for transparency. It is found that the system is a de facto control system with technical control rather than de jure enforceable ownership, which is its weakness as well as strength. It is found that regulatory authorities are only in the stage of developing responses, and that prohibitive approaches may lead to markets going underground. The regulation is also mainly focused on cryptoexchanges, leaving large parts unregulated. It is recommended that non-financial gatekeepers such as lawyers be used in the stage of (re-)entry of untraceable cryptocurrencies into the mainstream economy, providing users of such cryptocurrencies opportunities to enforce their rights over cryptoassets in courts and giving them liquidity in mainstream regulated financial markets. This will provide a balance of transparency of the market and benefits for users.
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