Lecture by Thomas Incalza: 'Malice in Launderland. The Bottlenecks of EU Anti-Money Laundering Policy'

This lecture will focus on the less triumphant aspects of the EU’s current anti-money laundering (AML) policy. While discussing the most recent changes brought by already the fourth AML Directive 2015/849, close attention will be paid to the associated implementation problems for Member States, especially with respect to: (i) the growing application of the risk-based approach; (ii) the now undisputed inclusion of tax offences as a predicate offence for money laundering; (iii) the Directive's severe administrative sanctions regime; (iv) cross-border information exchange between FIUs; and (v) striking the right balance between privacy concerns and AML compliance. Throughout the lecture, several suggestions will be made for a more effective approach to each of these issues.

Thomas Incalza became a full-time researcher at the KU Leuven law faculty in September 2011. His research focuses primarily on financial supervision and anti-money laundering law. During his law studies he became a laureate of the 16th Annual Jura Falconis Awards with a 2010 paper on the legal boundaries of searches and seizures in computer forensics. In December 2011, he was awarded the Flemish Bar Council Prize for his master’s dissertation on the delay of access to a solicitor in the early stages of preventive custody. In April 2013, he served as an expert adviser to the European Social and Economic Committee on the adoption of the fourth AML Directive.