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Regulating Fraud Across Borders: Internationalised Criminal Law Protection of Capital Markets

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Call no.
: 345.6263 ROT
Author
: Edgargo Rotman
Contributor
: Nur Farhan Bin Aini
Summary
This book offers a fresh perspective on the proliferation and criminalization of financial crime at a time when it routinely spans international borders. It examines key institutional and state actors such as the European Union, the International Organization of Securities Commissions, as well as the United States, the United Kingdom, Switzerland, France, Italy, and Germany, all of which have some of the most influential stock exchanges in the world. The book describes and documents the phenomenon of internationalisation of securities frauds – such as insider trading and market manipulation – as well as the laws that criminalise them, particularly those enacted in response to recent dramatic changes in securities markets, high frequency trading, and benchmark manipulation. It demonstrates the gradual harmonisation of regulations at the European level, culminating in the 2014 European Union Market Abuse Regulation. The book argues that criminal prohibitions against internationalised market abuse should be viewed as an economic and legal imperative to safeguard financial markets against activities that jeopardise their integrity, undermine investor confidence, and thus have a negative impact on the economy as a whole. An detailed overview of the most important scholarship in each country is included in the book.