The Crime of Establishing a Shell Bank – A Comparative Study

Abstract

The establishment of a shell bank is a way to legitimize the funds that are the subject of several serious

crimes such as terrorist crimes, human trafficking crimes, drug and arms trafficking crimes and other crimes

committed by groups and organizations that engage in very dangerous criminal activities that generate many

financial revenues, and thus the establishment of a shell bank provides protection for that money from legal

and judicial oversight. The crime of establishing a shell bank is a positive crime, as it occurs only with

positive behavior issued by the perpetrator. In addition, this crime is an intentional crime. The mens rea of

which is only achieved through the availability of criminal intent with both its elements of knowledge and

will.Likewise, the crime of establishing a shell bank is like any crime for which establishment two elements

are required, namely the corpus delicti and the mens rea, and it also requires the availability of a special

pillar represented by the crime scene, which is the shell bank.