In many countries from South Korea to Greece, lawyer-
client privilege is largely waived. The same requirements
of monitoring of clients' activities and reporting to the
authorities apply to credit and financial institutions,
venture capital firms, tax advisers, accountants, and
notaries.
Elsewhere, there are some other worrying developments:
In Bulgaria, the assets of tax evaders have recently begun
to be confiscated and turned over to the National Revenue
Agency and the State Receivables Collection Agency.
Property is confiscated even when the tax assessment is
disputed in the courts. The Agency cannot, however,
confiscate single-dwelling houses, bank accounts up to
250 leva of one member of the family, salary or pension
up to 250 leva a month, social care, and alimony, support
money or allowances.
Venezuela has recently reformed its Organic Tax Code to
allow for:
" (P)re-judgment enforcement measures (to) include
closure of premises for up to ten days and confiscation
of merchandise. These measures will be applied in
addition to the attachment or sequestration of personal
property and the prohibition against alienation or
encumbrance of realty. During closure of premises, the
employer must continue to pay workers, thereby
avoiding an appeal for constitutional protection".
Finally, in many states in the United States, "community
responsibility" statutes require of owners of legal
businesses to "abate crime" by openly fighting it
themselves. If they fail to tackle the criminals in their
neighborhood, the police can seize and sell their property,
including their apartments and cars. The proceeds from
such sales accrue to the local municipality.
In New-York City, the police confiscated a restaurant
because one of its regular patrons was an alleged drug
dealer. In Alabama, police seized the home of a senior
citizen because her yard was used, without her consent,
for drug dealing. In Maryland, the police confiscated a
family's home and converted it into a retreat for its
officers, having mailed one of the occupants a package of
marijuana.
III.Money Laundering in A Changed World
If you shop with a major bank, chances are that all the
transactions in your account are scrutinized by AML (Anti
Money Laundering) software. Billions of dollars are being
invested in these applications. They are supposed to track
suspicious transfers, deposits, and withdrawals based on
overall statistical patterns. Bank directors, exposed, under
the Patriot Act, to personal liability for money laundering
in their establishments, swear by it as a legal shield and
the holy grail of the on-going war against financial crime
and the finances of terrorism.
Public-domain text, read in full here on John Shaqi.
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