[CCPL Seminar] New Discovery Channel: Is the U.S Subpoena 1782 a Powerful Solution to “Follow the Money” in Money Laundering Prosecution?
The international legal framework offers various mechanisms for mutual legal assistance in money laundering investigations, but cooperation often depends on the political will of states, which may be lacking in highly corrupt jurisdictions. A powerful yet underutilized tool in transnational anti-money laundering efforts is U.S. Statute 1782, which allows foreign entities to obtain evidence through U.S. courts for use in non-U.S. legal proceedings. This is particularly significant for cases involving U.S. dollar transactions, as it provides a direct avenue for investigators to trace illicit financial flows. Banks, whether knowingly or unknowingly, often facilitate capital flight and money laundering through complex wire transfers, offshore accounts, and secrecy jurisdictions. While international debates persist on the role of banks in financial crimes, following the money remains one of the most effective ways to uncover illicit transactions. Case studies show that Statute 1782 can be instrumental in compelling financial institutions to disclose critical information, enhancing global efforts to combat money laundering and illicit capital movement.
Bio:
Prosper Simbarashe Maguchu is a mid-career researcher and lecturer with extensive experience in civil society and higher education. Since 2019, he has taught at Vrije Universiteit Amsterdam, Amsterdam University College, and as an Adjunct Professor at the University of the Seychelles, Universitas Hasanuddin (Indonesia), and the Institute for Legal Practice and Development (Rwanda). In addition to his academic work, Dr. Maguchu is an international advocate specializing in financial crimes litigation. At VU Amsterdam, he coordinates the International Human Rights Law Clinic, assisting litigants before African sub-regional courts on issues such as anti-money laundering and counter-terrorism financing regulations, as well as odious debt challenges. He is a recognized expert on corruption and human rights, serving as a subject matter expert for the African Union and advising the UN Special Rapporteur on reparations, sanctions, and transitional justice.
Prior registration is required for this in-person event: https://bit.ly/4bITcjT