Business and Finance Information

Archive for October, 2007

United Nations, United Nations Convention against Transnational Organized Crime (2000) has established and pursued, such as organized crime to “a structured group of three or more, which existed for some time and acting in concert with the aim of doing one or more serious crimes. .. to obtain, directly or indirectly, financial or other material benefits. For the ‘serious crime’ means conduct which is a violation punished with imprisonment of at least four years or more severe punishment. To ‘Structured group’ as’ a groups are not randomly formed for the immediate commission of an offense and is not always assigned to its members formally defined role in the continuity of the membership or structure is developed.

Given the international legal framework, revolutionary socialism in the XXI century has the duty and obligation to establish, as a certain type of criminal groups organized, organized crime capitalists. Capitalism is an organized criminal group which acts is the people’s deprivation of ownership of production facilities and economic movements, labor and the fruit of labor and private ownership of oligarchic and imperialist monopolies. All this with the direct purpose of economic benefit and social domination. All the capitalist companies, national or transnational, is suitable within the scope of organized crime crime. The capitalists and multinational companies are nothing but organized crime.

Established, the Venezuelan state also has domestic legitimacy, the legitimacy of the international community law imposed an obligation on States to prosecute criminal groups organized to take legal action in national law. One of them is the creation of this offense.

A corollary of the proposed new value is the criminalization of laundering of the criminal activities of organized crime capitalists. Adapt to new violations of international law, states have the obligation to adopt legislative measures necessary to criminalize:

1 The conversion or transfer of property, knowing that such property is proceeds of crime committed by capitalists organized crime with the intent to conceal or disguise the illicit origin of the property or assist any person involved in the offense to avoid the legal consequences of their actions.
2 concealment or disguise the true nature, source, location, disposition, movement or ownership of property or rights to them, knowing that such property is proceeds of crime;
3 acquisition, possession or use of property, knowing at the time of receipt, that the proceeds of crime;
4) participation, association or conspiracy, trying to do and help, conspire, facilitating and counseling for crime commission.

To combat money laundering crimes fruits of the capitalist state of organized crime: 1) Institute a comprehensive domestic regulatory and supervision of banks and non-banking financial institutions, and if possible, other agencies within its jurisdiction who are vulnerable to money laundering to prevent and detect all forms of laundering money, which the regime will emphasize the need for customer identification, recording and reporting of suspicious transactions; Ensure that administrative, regulatory and law enforcement and other authorities dedicated to combating money laundering (including, where appropriate under domestic law, judicial authorities) have the ability to work together and exchange information nationally and internationally in accordance with the conditions prescribed by domestic law and for this purpose, will consider establishing a financial intelligence unit to serve as a national center to collect, analyze and disseminate information about possible money laundering activities. 3) The State shall pursue appropriate steps to detect and monitor the movement of cash and appropriate negotiable instruments, depending on the protection to ensure the correct use of information and without restriction of legitimate capital movements. These steps may include a requirement that individuals and businesses report the cross-border cash transfers in large quantities and in accordance negotiated. Legal liability may be criminal, civil or administrative. Such responsibilities will be without prejudice to criminal liability for individuals who have committed crimes. Countries should specifically ensure that the criminal sanctions or punishments are not effective, proportionate and dissuasive, including monetary sanctions for legal persons responsible.