Abstract

 


 



Funding Terror


Shima Baradaran


Brigham Young University - J. Reuben Clark Law School

Michael Findley


University of Texas at Austin

Daniel Nielson


Brigham Young University

J. C. Sharman


Griffith University

March 11, 2013

University of Pennsylvania Law Review, Forthcoming

Abstract:     
The events of September 11 forever changed the political and legal response to terrorism. After more than ten years, two wars, several targeted military strikes, and significantly increased surveillance, we still have not succeeded in stopping the growth of Al-Qaeda and other terrorist organizations. The war on terror has not just been a military one. To stop terrorism, it is imperative to cut off the flow of terrorism financing. To this end, a number of nations have created financial laws that prohibit the formation of anonymous companies and monitor suspicious bank transfers. These laws have been touted as evidence that we are winning the war on terrorism. This Article questions their efficacy. In particular, this Article proves how easy it is to form a terrorist finance network and exploits the impotence of both international and domestic financial regulations that have been passed in this area. The Article presents findings from the largest global randomized controlled trial to date. In our experiment, we acted as customers seeking to form anonymous shell companies in a variety of scenarios resulting in either greater risk or greater reward. On the whole, forming an anonymous shell company is as easy as ever, despite increased regulations following 9/11. The results are disconcerting and demonstrate that we are much too far from a world that is safe from terror.

Number of Pages in PDF File: 62

Keywords: terrorism, war on terror, terrorism financing, shell company, anonymous, randomized controlled trial, money laundering, corruption, charity, FATF, UNOTC

JEL Classification: K33, C93, F23, G15

Accepted Paper Series


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Date posted: March 11, 2013  

Suggested Citation

Baradaran, Shima, Findley, Michael, Nielson, Daniel and Sharman, J. C., Funding Terror (March 11, 2013). University of Pennsylvania Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2231344

Contact Information

Shima Baradaran (Contact Author)
Brigham Young University - J. Reuben Clark Law School ( email )
430 JRCB
Brigham Young University
Provo, UT 84602
United States
Michael Findley
University of Texas at Austin ( email )
Austin, TX 78712
United States
Daniel Nielson
Brigham Young University ( email )
Provo, UT 84602
United States
J.C. Sharman
Griffith University
Parklands Drive
Southport, Queensland QLD 4215
Australia
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