David A. Chaikin

LLB/ BCom (With Merit) (Accounting. Finance) UNSW LLM Yale PhD in Law Cambridge
Associate Professor

Rm 523
H69 - Codrington Building
The University of Sydney
NSW 2006 Australia

Telephone +61 2 9036 7132
Fax +61 2 9351 7473
david.chaikin@sydney.edu.au

Bio

Prior to his academic appointment at the University of Sydney Business School, David was a practising lawyer specialising in multi-jurisdictional investigations, transnational commercial and criminal litigation, as well as offshore corporate and banking law. He has held appointments as Senior Assistant Secretary of the Australian Attorney-General's Department and Senior Legal Officer of the London-based intergovernmental body, the Commonwealth Secretariat. He has worked as a consultant to the United Nations, the OECD-based Financial Action Task Force, the Asia/Pacific Group on Money Laundering, the Institute of Chartered Accountants, and the Australian Financial Services Council.

David teaches in the areas of banking and finance law, corporate and commercial law, and asset protection/management of wealth risks. He has previously been a tenured lecturer at the London School of Economics and Political Science and a lecturer at Kings College, University of London.

David's research expertise is in comparative corporate law, financial crime, tax evasion and money laundering, financial services law and regulation, offshore finance, private banking and wealth management. He is a recipient of an ARC Discovery Grant and has been a lead consultant on major international research projects in Europe, the Americas and Asia.

Research Interests

There are several strands to my current research covering the following problems:

What is the impact of financial crime and the effectiveness of anti-financial crime measures on financial institutions, payment instruments and regulation? My research deals with specific aspects of financial crime, such as international fraud, corruption, tax evasion and money laundering. I am particularly interested in examining the role and impact of regulation in preventing financial crimes, and critiquing the effectiveness of the current Anti-Money Laundering and Counter-Terrorism system of regulation.

What is the impact of technological innovation in the banking and finance fields, as well as regulation generally? I am studying governmental responses in Australia, the United States, the United Kingdom and China in dealing with cryptocurrency and Initial Coin Offerings.

What are the obstacles to the development of Australia as a wealth management centre, particularly in relation to the scope of regulation? My research examines the significance of the failure of Australia to reform its state-based trust laws, in contrast to regional competitors, such as Singapore and Hong Kong.

My research, connects with the business challenges of the future in the following manner:

My research focuses on the consequences of anti-financial crime regulation on businesses, business models and business risk. Specific challenges to businesses included the massive increase in compliance costs as a result of aggressive law enforcement and the expansion of complex regulation.

My research deals with the threat to banking business models and national currency posed by digital disruptive technology and the appropriate national and international regulatory response.

My research proposes regulatory solutions to the challenges faced by Australian financial services businesses posed by international competition, especially in the Asian wealth management sector.

The methodology of my research relies primarily on open sources, complemented by informal interviews with leaders in government, industry and the professions. I engage in historical and comparative research to gain a comprehensive understanding of how regulation has developed, and the effectiveness of potential regulatory strategies.

Selected publications

2019

Book Chapter

Chaikin D (2019) International Informal Capital Flows: Implications for Regulation in China Financial Liberalisation in China: Progress, Issues and Challenges; Routledge, Abingdon, UK.

2018

Journal Articles

Chaikin D (2018) Effectiveness of anti-money laundering obligations in combating organised crime with particular reference to the professions AIC reports. Research Report Series, 124-130. [More Information]

Chaikin D (2018) Blowing the Whistle - No Rewards Please! Journal of Financial Crime, 25 (3), 634-635. [More Information]

Chaikin D (2018) Should Chapter 6C of the Corporations Act Be the Model for Beneficial Ownership Disclosure Regulation of Private Companies? Company and Securities Law Journal, 36 (3), 204-220.

Book

Chaikin D, and Hook G (2018) Corporate and Trust Structures: Legal and Illegal Dimensions; Australian Scholarly Publishing, Melbourne.

Conference Proceedings

Chaikin D (2018) It Pays to be a Whistleblower? Innoxcell Annual Symposium; GRC Solutions, Sydney, Australia, 15 March 2018.

Chaikin D (2018) Dictator's Plunder and Regime 36th International Symposium on Economic Crime: Unexplained wealth - whose business?; University of Cambridge, Cambridge, United Kingdom, 2-9 September 2018.

Chaikin D (2018) Why Big Banks are being shaken up with Anti-Money Laundering Activities The Inaugural Australian Anti-Money Laundering Conference; Informa Australia, Sydney, Australia.

Chaikin D (2018) Unjust enrichment - the new approach 36th International Symposium on Economic Crime: Unexplained wealth - whose business?; University of Cambridge, Cambridge, United Kingdom, 2-9 September 2018.

Book Chapters

Chaikin D (2018) The Law Enforcement Implications of the Panama Papers Corporate and Trust Structures: Legal and Illegal Dimensions; Australian Scholarly Publishing, Melbourne, 108-121.

Chaikin D (2018) A Critical Analysis of the Effectiveness of Anti-Money Laundering Measures with Reference to Australia The Palgrave Handbook of Criminal and Terrorism Financing Law; Palgrave Macmillan, Cham, 293-316. [More Information]

Chaikin D, and Brown E (2018) An Alternative Trusts Act Trusts and Modern Wealth Management; Cambridge University Press, Cambridge, 458-485. [More Information]

Reports

Chaikin D (2018) Submission to the Economics Legislation Committee Enquiry into the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017.

Chaikin D (2018) Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017.

2017

Book

Chaikin D, and Coshott D (2017) Digital Disruption: Impact on Business Models, Regulation & Financial Crime; Australian Scholarly Publishing, Mebourne.

Book Chapters

Chaikin D (2017) Virtual Currency, Money Laundering Risks and Regulation Digital Disruption: Impact on Business Models, Regulation & Financial Crime; Australian Scholarly Publishing, Mebourne, 98-112.

Chaikin D (2017) Money Laundering and Tax Evasion-The Assisting of the Banking Sector The Handbook of Business and Corruption: Cross-Sectoral Experiences; Emerald Group Publishing, Bingley, 237-254.

Chaikin D, Tucker R, and Kendall A (2017) The Future of Digital Currency Digital Disruption: Impact on Business Models, Regulation & Financial Crime; Australian Scholarly Publishing, Mebourne, 113-124.

2015

Book Chapter

Chaikin D (2015) The Political Risk of Offshore Financial Centres: The Cyprus Bail-Out Emerging Markets and Sovereign Risk; Palgrave Macmillan, Basingstoke, UK, 81-105. [More Information]

2014

Reports

Chaikin D (2014) Measuring Performance and Australia's Anti-Money Laundering Law.

Chaikin D, and Brown E (2014) An Alternative Australian Trusts Act: Empirical and Implementation Perspectives; Financial Services Council, Sydney, 1-25.

Chaikin D, and Brown E (2014) Global Competitiveness and Exporting Financial Services: A Proposal for an Alternative Australian Trusts Act; Financial Services Council, Sydney, 1-40.

2013

Journal Article

Chaikin D (2013) The rise of virtual currencies, tax evasion and money laundering Journal of Financial Crime, 20 (4). [More Information]

Book Chapters

Chaikin D (2013) Financial Crime Risks and the Professions Financial Crime Risks, Globalisation and the Professions; Australian Scholarly Publishing, North Melbourne, Australia, 1-15.

Chaikin D (2013) Are Lawyers Gatekeepers of Arbitrageurs in Corporate Governance Financial Crime Risks, Globalisation and the Professions; Australian Scholarly Publishing, North Melbourne, Australia, 73-87.

2012

Book Chapters

Chaikin D (2012) Transnational Corruption and Conflict Minerals Contemporary Issues in Mining: Leading Practice in Australia; Palgrave Macmillan, Houndmills, Basingstoke, Hampsire, 174-195.

Chaikin D, and Dyball M (2012) Tax Compliance and Administrative Challenges: Lessons from the Philippine Experience Taxation in ASEAN and China: Local Institutions, Regionalism, Global Systems and Economic Development; Routledge, Milton Park, United Kingdom, 73-96.

Report

Chaikin D (2012) Investigating an optimal approach for the Australian accounting profession to respond to Anti-Money Laundering regulation.

2011

Journal Article

Chaikin D (2011) Adapting the Qualifications to the Banker's Common Law Duty of Confidentiality to Fight Transnational Crime Sydney Law Review, 33 (2), 265-294.

Book Chapter

Chaikin D (2011) Corrupt practices involving offshore financial centres Handbook of Global Research and Practice in Corruption; Edward Elgar Publishing, Cheltenham, United Kingdom, 203-221. [More Information]

2010

Journal Articles

Chaikin D (2010) A Critical Examination of How Contract Law is Used by Financial Institutions Operating in Multiple Jurisdictions Melbourne University Law Review, 34 (1), 34-68.

Chaikin D (2010) International anti-money laundering laws: Improving external accountability of political leaders U4 BRIEF (4), 3-6.

Book

Chaikin D (2010) Money Laundering, Tax Evasion & Tax Havens; Australian Scholarly Publishing, Melbourne Australia.

2009

Journal Articles

Chaikin D (2009) Risk-Based Approaches to Combating Financial Crime Journal of Law and Financial Management, 8 (2), 20-27.

Chaikin D (2009) How Effective are Suspicious Transaction Reporting Systems? Journal of Money Laundering Control, 12 (3), 238-253.

Sharman J, and Chaikin D (2009) Corruption and Anti-Money-Laundering Systems: Putting a Luxury Good to Work Governance: An International Journal of Policy, Administration and Institutions, 22 (1), 27-45. [More Information]

Book

Chaikin D, and Sharman J (2009) Corruption and Money Laundering: A Symbiotic Relationship; Palgrave Macmillan, NY, United States.

Book Chapters

Chaikin D (2009) Tax Havens: An Australian Perspective Money Laundering, Tax Evasion & Tax Havens; Australian Scholarly Publishing, Melbourne Australia, 96-108.

Chaikin D (2009) Crimes of the Powerful: Liechtenstein Case Study Money Laundering, Tax Evasion & Tax Havens; Australian Scholarly Publishing, Melbourne Australia, 7-25.

Chaikin D, and Geary J (2009) Hypothetical: Legal, Ethical and Compliance Dimensions Money Laundering, Tax Evasion & Tax Havens; Australian Scholarly Publishing, Melbourne Australia, 109-137.

2008

Journal Articles

Chaikin D (2008) Commercial corruption and money laundering: A preliminary analysis Journal of Financial Crime, 15 (3), 269-281.

Lester Z, and Chaikin D (2008) Tax evasion through Anti-Money Laundering Laws Butterworths Journal of International Banking and Financial Law.

Conference Proceedings

Chaikin D (2008) Implementing the Recommendations of the FATF/APG Report on Corruption and Money Laundering APG Donors and Providers Group Meeting; The Asia/Pacific Group on Money Laundering, Australia.

Chaikin D (2008) Gaining an insight into the latest AML developments 2nd Annual Anti-Money Laundering Forum.

Chaikin D (2008) Crimes of the powerful - Liechtenstein/Switzerland case study Symposium on Money Laundering, Tax Evasion and Tax Havens; University of Sydney, Australia.

2007

Journal Article

Chaikin D (2007) Network investigations of cyber attacks: the limits of digital evidence Crime, Law and Social Change: an interdisciplinary journal, 46 (4-5), 239-256. [More Information]

Conference Proceedings

Chaikin D (2007) Measures for Politically Exposed Persons (PEPs): an evolving international standard Capacity Building Workshop on Combating Corruption Related To Money Laundering: APEC 2007; APEC, Thailand.

Chaikin D, and Sharman J (2007) Interim report on the work of the APG/FATF Anti Corruption and Money Laundering Project 10th Annual Meeting of the Asia Pacific Group on Money Laundering; The Asia/Pacific Group on Money Laundering, Australia.

Reports

Chaikin D (2007) Observations on the Corruption AML/CTF Research Paper.

Chaikin D, and Sharman J (2007) Final APG/ FATF Anti-Corruption/ AML/ CFT Research Paper; Asia/ Pacific Group on Money Laundering, 3-105.

2006

Journal Articles

Chaikin D (2006) Penetrating foreign nominees: A failure of strategic regulation? Australian Journal of Corporate Law, 19 (2), 141-160.

Chaikin D (2006) The Impact of Swiss Principles of Mutual Assistance on Financial and Fiscal Crimes Revenue Law Journal, 16, 192-214.

Conference Proceedings

Chaikin D (2006) Money laundering – Where is the risk? Money Laundering and Risk Symposium.

Chaikin D (2006) Costs and benefits of anti money laundering laws 24th International Symposium on Economic Crime; University of Cambridge, UK.

Chaikin D (2006) Computer assisted and related crime 24th International Symposium on Economic Crime; University of Cambridge, UK.

Report

Chaikin D (2006) Observations on the Attorney-General’s Department Discussion Paper - A New Extradition System: A Review of Australia’s Extradition Law and Practice.

2005

Journal Articles

Chaikin D (2005) Policy and legal obstacles in recovering dictator’s plunder Bond Law Review, 17 (2), 27-46.

Chaikin D (2005) Policy and Legal Obstacles in Recovering Dictator's Plunder Bond Law Review, 17 (2), 27-46.

Chaikin D (2005) Policy and Fiscal Effects of Swiss Bank Secrecy Revenue Law Journal, 15, 90-110.

Chaikin D (2005) Nominee shareholders: Legal, commercial and risk aspects Australian Journal of Corporate Law, 18 (3), 288-303.

Conference Proceeding

Chaikin D (2005) Legal and reputation risks in a globalised world Workshop on World of Risk: New Approaches to Global Risk Society.

Recent Units Taught

  • CLAW2204 Banking and Finance Law

  • CLAW6031 International Financial Crime

  • CLAW6034 Commercial Property Law

Newsroom articles

  • David Chaikin on CNN (US) 11 Oct 2018

    CNN (US)

    CNN (US) interviewed Associate Professor David Chaikin from the Business School about the former head of Interpol Meng Hongwei being detained in China.

  • More work to do on anti-money laundering after CBA AUSTRAC settlement: experts 04 Jul 2018

    Australian Financial Review

    Australian Financial Review quoted Associate Professor David Chaikin on how Australia compares globally on the issue of money laundering and other criminal banking behaviour.

  • Whistleblower panel examining new protections 01 Oct 2017

    Australian Financial Review

    Australian Financial Review reported Associate Professor David Chaikin from the Business School has been appointed to a government expert advisory panel looking into whistleblower legislation.

  • Accounting execs, CAs join whistleblower panel 28 Sep 2017

    Accountants Daily, Campus Morning Mail and Get Business

    Accountants Daily, Campus Morning Mail and Get Business mentioned Associate Professor David Chaikin has been appointed as part of an advisory panel for tax avoidance whistle-blower protections.

  • CBA shares slump as bank vows to fight the Austrac claims 04 Aug 2017

    Sydney Morning Herald, ABC News

    Associate Professor David Chaikin was quoted in The Sydney Morning Herald and interviewed on ABC News on alleged breaches of anti-money laundering laws by the Commonwealth Bank.

See all Newsroom items for David A. Chaikin