Liability at the Layering Stage by Beneficial Owners in Relation to the Crime of Money Laundering

Abstract

The concept of establishing a corporation without displaying the Beneficial Owner or the owner of the capital is actually increasingly widespread in business practices along with the development of the investment world in the form of investment in limited liability companies, both domestic and foreign. The Beneficial Owner of a company or corporation is not always associated with money laundering. However, in the current regime, the Beneficial Owner is very concerned because they are often untouched by the law in its enforcement. The purpose of the research conducted by the author is how to identify the modus operandi used by the Beneficial Owner and how the criminal liability of the Beneficial Owner in money laundering crimes and other crimes. The research method used by the author in this research is the juridical analysis method with the approach of examining legislation, cases, and doctrines or views of experts. The results of the research in this paper are that the identification of the modus operandi used by the Beneficial Owner at the layering stage and the identification of who the Beneficial Owner of a corporation is can be found through the existence or linkage in the organizational structure in the corporation, as well as the criminal liability of the Beneficial Owner.