Occupation, organisation, and opportunity

Abstract

The involvement of legitimate professionals in the facilitation of money laundering has been under-theorised in the criminological and legal literature in this area. Thus there is a gap in our understanding of the contexts of this involvement and the factors that shape it. This chapter conceptualises the facilitation of money laundering as a form of ‘white-collar crime,’ drawing attention to the particular occupational and organisational contexts of the professional and exploring how these contexts can provide opportunities for involvement in money laundering. The chapter focuses on the legal profession. It is based on findings from a research project that analysed UK cases of solicitors convicted of money laundering offences for actions taken on behalf of clients which facilitated money laundering. This analysis was supported by interviews with members of law enforcement and other criminal justice bodies, relevant professional and regulatory bodies, and the legal profession. The chapter shows how the structures, processes, and transactions of the legal profession can create opportunities for money laundering, highlighting how transactions using non-legitimate funds can be hidden amongst lawyers’ routine legitimate activities and how the nature of their role provides the legitimate and specialised access to structures and processes that can be used to launder criminal proceeds. The chapter also explores whether the organisational characteristics of particular legal practices, or types of practice, could create opportunities for the facilitation of money laundering. For example, it discusses whether the nature, size, and complexity of legal services providers; the level of oversight within the organisation; and the degree of autonomy enjoyed by its employees may affect the likelihood of misconduct.