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Conclusions

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Abstract

Illegal activities carried out under the cloak of offshores or shell companies are pervasive. The need of free capital movements creates a unique complexity and difficulty in dealing with money laundering through properties. We must challenge the usual market practices, in light of illegal conduct perpetuated by and through real estate and agribusiness.

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Notes

  1. 1.

    Robitaille (1984).

  2. 2.

    Saul and Story (2015).

  3. 3.

    Jakobs and Meliá (2005).

  4. 4.

    “Autonomy (the subject’s capacity to abide by law) is held to be a functioning capacity where its outcome is functional, and absent that there must be another way of resolving the conflict.” Roxin (2006).

  5. 5.

    We would have violations of human dignity, and the subject would come to be used by the State to further its preventive convenience. Roxin, Claus. Reflexões sobre a construção sistemática do direito penal. RBCCrim 82/35.

  6. 6.

    Baltazar (2010, pp. 53–54).

  7. 7.

    Resnick (2016).

  8. 8.

    Watterson (2013, p. 748).

  9. 9.

    Reps. Maloney, King and Senator Whitehouse introduce bills to stop anonymous money laundering operations by requiring disclosure of shell corporation beneficial owners, Carolyn B. Maloney Press Release https://maloney.house.gov/media-center/press-releases/reps-maloney-king-and-senator-whitehouse-introduce-bills-to-stop, published on Feb. 3, 2016, accessed on Nov. 5, 2016.

  10. 10.

    Alldridge (2008).

  11. 11.

    Such laws must not become an obstacle to the development of the industry, being compatible with international practices.

  12. 12.

    In some similar outcomes about the securities market, see Hong (Hong 1996, p. 196).

  13. 13.

    See Hunter et al. (2003, p. 871).

  14. 14.

    MacDonald (2012, p. 20).

  15. 15.

    Levi and Reuter (2006, p. 368).

  16. 16.

    Mubangizi (2007, p. 2).

  17. 17.

    Under the model of sovereignty, each country was responsible for its own criminal law and proceeds of the breach of those criminal laws were specific to the jurisdiction because they are specific to that set of criminal laws.

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Correspondence to Fausto Martin De Sanctis .

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De Sanctis, F.M. (2017). Conclusions. In: International Money Laundering Through Real Estate and Agribusiness. Springer, Cham. https://doi.org/10.1007/978-3-319-52069-8_5

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  • DOI: https://doi.org/10.1007/978-3-319-52069-8_5

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