Defining Offences According to Copyright Act, B.E 2537 as the Predicate Offences in Money Laundering Control Act, B.E 2542: A Comparative Study of Thai and the United States

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: Defini ng OffencesAccordingto Copyright Act, B.E 2537as the Predicate Offences in Money Laundering Control Act, B.E 2542:

A Comparative Study of Thai and the United States

Jrintip Tritrungthreekoon

.. 2542

; Email: [email protected]

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:, , Abstract

Copyright infringement which is held up as economic crime has great impact upon the country's

economy, society as well as international trade security. It is quite difficult for the authority to gather

evidences and testimonies in the process of crime protection and subjugation. The copyright infringement

has complicated acts which is quite difficult to subjugate and arrest instigators. There is also high value of

benefit from the crime which can be used in the endless circle of copyright infringement. At the present,

there is a limitation in the law of protection and subjugation the act of money laundering in case of the

predicate offences. The law comprises no term of copyright infringement. So, it is difficult to bring

offences to personal guilty. Thus the copyright infringement is still a big problem which needs effective

law procedure to cut the cycle of illegal money transferring. This article focused on the study of how to

define the term of copyright infringement as predicate offences in the law of money laundering. The

researcher conducted a comparative study on the term of copyright infringement in case of money

laundering in US laws in which the findings might be used as foundations and guidelines to define the

term of copyright infringement as predicate offences in Thailand. The findings of the study showed that

the term of copyright infringement was defined as predicate offences in US money laundering law.

Jurisdictions were applied significantly as foundations and guidelines for the principle of law for copyright

infringement. But in Thailand, there is no definition of copyright infringement as predicate offences in the

money laundering law. This causes big problems in the procedure of protection and subjugation the

copyright infringement which is the crime that has specific punishment. And this causes a limitation in

bringing offences to personal guilty. In consequence, it is imperative to specify the term of copyright

infringement as one of predicate offences in the Money Laundering Control Act, B.E. 2542. And the term

of copyright infringement should be clearly defined. Furthermore, for optimum efficiency in the process

of protection and subjugation the copyright infringement, more effective measures should be applied.

Those measures are ; more severe punishment, and effective civil law measure in property confiscation.

These could cut the circle of this economic crime eventually.

Key Word: Copyright, The Predicate Offences in Money Laundering Control Act, A Comparative of Thai andthe United States

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.. 2537

.. 2537

64 .. 2537

(, 2546: 190-191)

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..2537 ( , 2543: 52) 3 96 ( , 2544: 127)

(Agent) ()

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61 TRIPS

United Nation Model Law and Money Laundering Predicate Offense 4 , ,, ( , 2552: 110)

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Money launderingControl Act 1986 (MLCA) 18 U.S.C. (18 United state code) 1956 (9)(1) 18 U.S.C 200 (Specific Crime)

(Predicate Crimes) 1. 2. 10,000 3.

18 U.S.C. 1956(1996) (U.S.Department of Justice

, 2547)

3 1.Federal Crimes and Criminal Procedure 2. BankSecrecy Act of 1970 3.Money Laundering Control Act 1986 (MLCA)

(Money laundering) 9 1956 1957 10,000 RICO

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( Racketeer Influenced and Corrupt Organization) .. 1970 18 U.S.C. 1961 1964 (Racketeering Pattern Activities)

.. 2542 9 3 ..2542 200

Megaupload United States v. KimDotcom (United States v. Kim Dotcom

,2012)

500,000,000 MegaUpload.com , , ,, , Megaupload.com

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Megaupload

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1. case law Megaupload Case Law Case Law Case Law 2010 ( Morrison v. National Austraria Bank Ltd., 130 S. Ct. 2869, 177 L.Ed.2d 535 (June 24, 2010).

( Case Law ) 1922 ( United State v. Bowman,260 U.S. 94 ) Civil Law

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Cloud Storage ()

2. .. 2542 3 1. Money Laundering Control Act ( MLCA ) 2. Bank Secrecy Act of1970(BSA) 3. Federal Crimes and Criminal Procedure

3.9 200

4.

5.

6. 1.Fincen

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(Financial Crime Enforcement Network) 2.AFMLS ( Asset Forfeiture and Money Laundering Section)3.TheOffice of Financial Enforcement Fincen Fincen Asset Forteiture and Money Laundering Section (AFMLS) Money Laundering Control Act

, , ,,

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1. .. 2542 9

200

4 (10) 3 .. 2542

(10)

. 2552.

..2000 . : .

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[580]

. 2548. . : . . 2536. . : . . 2543. . :. . 2541. : .

. . 2539. . :

39. . 2550. . :6. . 2546. : . . . 2543. : . : . . 2549. . : . . : . . 2537 . . . . 2542. . 2544. . : . . 2541. . : .Amy G. Rudnik. 1995. United States in Butterworths International Guide to Money Laundering Law andPratice, London : Butterworth and Co (Publisher) Ltd., Richard Palour (Editor).Ben Sisario. 7 Chraged as F.B.I. Closes a Top File-Sharing Site, N.Y. Times, Jan. 19 2012, Retreived from

http://www.nytimes.com/2012/01/20/technology/indictment-charges-megaupload-site-with-

piracy.html.

Craymer,Lucy. 2012. Judge Delays kim Dotcom Bail Decision. Wall Street JounalRetrieved24 January2012.

Daniel Levin, Samuel Doran, Leslie A. Maria. 2012.Megauploadand criminal Charges. FinancialCrimes Enforcement Network, United States department of thetreatury,AboutFinCen/Organization,http://www.fincen.gov/af_organization.html,nodate.

U.S.Department of Justice. 2009. Intellectual Property Crime Statistics from the Attorney GeneralsAnnual. Retrieved 10 September 2009 from http://www.cybercrime.gov/01ipstats.htm.

United States v. Kim Dotcom. 2012. No. 1: 12 CR, page 3. Retrieved fromaccessed.

7/30/2019 Defining Offences According to Copyright Act, B.E 2537 as the Predicate Offences in Money Laundering Control Act

13/13

217 ..2556

[581]

Yung, Chester. 2012. Hong Kong freezes Megaupload Assets. The Wall Street Journal Retrieved 21January 2012.