Lawyers and notaries public as subjects obliged to prevention ML / FT / FP: new DNFBP subject

Abstract

The crimes of money laundering, financing of terrorism and the proliferation of weapons of mass destruction (hereinafter ML / FT / FT), have potentially devastating adverse effects on the economy, society, and security for the State. That is why it is necessary to identify those actions of clients that have a legitimate origin of those they intend to carry out in order to cover up illicit business. Organized criminals use various criminal strategies such as extortion, blackmail or murder, seeking to win the favor of the Administration, eliminate competition, circumvent justice and, of course, obtain resources. Strategies that in some cases could involve the service offered by Lawyers and Notaries Public, for which it is necessary to convert them into new subjects bound by the Prevention of Money Laundering, Terrorism Financing and Financing the Proliferation of Weapons of Mass Destruction (LA / FT / FP). In our country, the process of creating regulations to punish these crimes was a bit late, however it has accelerated at this time, given the urgent need to prevent and punish them, as well as to comply with the Group's recommendations. of Financial Action, GAFI. This investigative analysis includes all those aspects related to the new obligation of Lawyers and Notaries Public, duly authorized and incorporated before the Supreme Court of Justice of Nicaragua, to prevent, detect and report activities potentially linked to money laundering, terrorist financing and the proliferation of weapons of mass destruction and associated precedents. As well as the possible legal consequences for non-compliance with these duties.