Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
Loading...
Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Emarald Publishing
Abstract
Purpose – The purpose of this paper is to explore the contentious issue whether lawyers become launderers
when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for
their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and
Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United
States.
Design/methodology/approach – The paper adopts a desk research methodology with reliance on
various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited
to issue and content analysis relating to the use of dirty money as legal fees.
Findings – The paper shows that lawyers become launderers when they accept dirty money as legal fees
with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is
important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in
the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the
dangers of tainted legal fees.
Originality/value – This paper adds to the few available literature on dirty money and legal fees. It
provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic
crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically
Description
Keywords
Money laundering, Zimbabwe, Namibia, Proceeds of crime, Launderers
Citation
Duri, J. (2020) Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?. V23:2 Journal of Money Laundering Control pp. 315-326