EAN: 9783030121600

BANKING SUPERVISION AND CRIMINAL INVESTIGATION ...

In the aftermath of the last financial crisis  on both sides of the Atlantic banking
supervisors were given new supervisory and enforcement powers  which are often of a
substantially punitive-criminal nature. In Europe in particular  the establishment of the
Single Supervisory Mechanism within the European Central Bank substantially increased
centralised investigatory and sanctioning powers. This major innovation  together with the
development of forms of real-time monitoring of banking (often digital) records  challenges
traditional banking criminal investigations in their national-based and analogue dimension.The
book offers a comprehensive account and perspective analysis of the interactions between the
criminal and administrative nature of such new powers  highlighting their ¿punitive¿ overall
nature and their impact on fundamental rights. Covering both the US and the EU regulatory
frameworks  it presents unprecedented  trans-systemic research between criminal law and
procedure  and between regulatory and administrative law  at the international  European and
national level.The book also includes a rich and detailed selection of case law from the US and
the European supreme courts  with a specific focus on CJEU and ECtHR decisions.

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