Loopholes in Criminal Justice
by I contend that there are essentially far too many loopholes within our current justice system and revisions are urgently required. There are all kinds of legal loopholes with our legal system ranging from the slow pace of justice in general to that of gaps within the criminal law code itself but one of the largest areas of loopholes has to be in the area of white collar crime offenses. Ranging from the frauds committed by bankruptcies and liquidations to other financial crimes the most repeated but less prosecuted of them involves the issue of money laundering. The problem stems from the assumption that our legal system is plainly not gear up to investigate and prosecute financial related criminal offenses such as these as they are for other less tangible crimes. Smart lawyers and corrupt officials manage to repeatedly get the offenders off with these criminal offenses with at most a slap on the hand.
Loopholes in Criminal Justice
By Joseph Parish
I contend that there are essentially far too many loopholes within our current justice system and revisions are urgently required. There are all kinds of legal loopholes with our legal system ranging from the slow pace of justice in general to that of gaps within the criminal law code itself but one of the largest areas of loopholes has to be in the area of white collar crime offenses. Ranging from the frauds committed by bankruptcies and liquidations to other financial crimes the most repeated but less prosecuted of them involves the issue of money laundering. The problem stems from the assumption that our legal system is plainly not gear up to investigate and prosecute financial related criminal offenses such as these as they are for other less tangible crimes. Smart lawyers and corrupt officials manage to repeatedly get the offenders off with these criminal offenses with at most a slap on the hand.
Money laundering involves the illegal transfer of funds which are a product of various criminal activities. In the past Congress has enacted several laws relating to curtailing these criminal activities. Although America has in effect specific laws relating to the crime of money laundering the courts often find themselves in a stupor as to what can be done. They lack the proper experience to effectively provide an operative remedy for the problem at hand.
The reason little is done towards the money laundering problem is that when the problem is finally discovered the funds have been laundered elsewhere or are no longer in America but has been moved to other countries or to offshore accounts. Usually by the time the case eventually gets to court the assets involved have completely disappeared. In effect right now our government must prove that the person was knowledgeable concerning the transfer of the illegal funds.
There is considerable concern about our current laws violating the rights of legitimate business activities. A typical example stems from the scenario where a legitimate business inadvertently handles money unknowing that it originated from criminal actions.
These types of loopholes need to be addressed and blocked at all costs. They serve no use for the public safety and welfare but rather hinder it. It may be contended that by supplying the Attorney-General’s office with information to enable the seizure of ill-gained funds the clients safeguarded rights may have been violated however, the object is to conserve the assets from becoming liquidators prior to formal proposals are created. Law enforcement in this case must be able to act instantly or the evidence would end up in offshore accounts and gone forever.
Copyright @2010 Joseph Parish
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