Measures in Litigation to Corrupt Offenders according to Anti-money Laundering Act

Abstract

The purposes of the study are to (1) measure the litigation to corrupt offenders according to Anti-money Laundering Act, B.E. 2542 and (2) explore appropriate guidance for placing work measurement of organizations and agencies relating to enforcing offences of corruption.

This qualitative research study investigated various documentary research samples including Anti-money Laundering Acts, regulations, ministerial regulations, research reports on anti-money laundering.  In-depth interviews were also conducted with executives and officers in relevant agencies related to litigation to corrupt offenders and those in private sectors.

The results reveal that the measures in the litigation to corrupt offenders will be effective and efficient if they are integrated in work related in three dimensions: (1) main criminal cases or predicate offense, (2) civil measure, and (3) criminal measures (money laundering offense).  According to the findings, it appears that prosecutors are in charge of all three dimensions. When predicate offense occurs in the first process, responsible investigators who handle it will gather evidences and submit them to the prosecutors who have authority to file a lawsuit in a court.

In order to cut unlawful activities and money laundering, the measures in the litigation to corrupt offenders to reach the Anti-money Laundering Act justification should integrate good governance in terms of cost effectiveness and the use of governing strategies according to Bourdieu’s practice theory.  These will benefit work to reduce operating processes and to build collaboration among related agencies.  Significantly, this study reveals suggestions that the Anti-money Laundering Act should be amended to authorize qualified anti-money laundering officials (AMLO) to be able to file a complaint to courts instead of public prosecutors only.  This will reduce workload of public prosecutors and promptly provide flexibility in asset management which is connected to the predicate offense.