Associate Professor David Chaikin
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.
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.
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CLAW2204 Banking and Finance Law
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CLAW3210 Banking and Financial Law
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CLAW6031 International Financial Crime
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CLAW6034 Commercial Property Law
| Project title | Research student |
|---|---|
| Killing Bambi Improving the efficacy and efficiency of the legal and regulatory framework for protection of retail investors investing in collective investment schemes CIS | Alan JESSUP |
| An Analysis of Trusts and Partnerships as Members of Australian Tax Consolidated Groups - Good or Flawed Tax Policy? | Peter STINSON |
Selected publications
(Australian Scholarly Publishing, 2019)
(Australian Scholarly Publishing, 2018)
(Australian Scholarly Publishing, 2017)
(Australian Scholarly Publishing, 2010)
(Palgrave Macmillan, 2009)
Publications
Books
- Chaikin, D., Sharman, J. (2009). Corruption and Money Laundering: A Symbiotic Relationship. NY, United States: Palgrave Macmillan.
Edited Books
- Chaikin, D., Coshott, D. (2019). Markets, Misconduct and the Technological Age. Melbourne: Australian Scholarly Publishing. [More Information]
- Chaikin, D., Hook, G. (2018). Corporate and Trust Structures: Legal and Illegal Dimensions. Melbourne: Australian Scholarly Publishing.
- Chaikin, D., Coshott, D. (2017). Digital Disruption: Impact on Business Models, Regulation & Financial Crime. Mebourne: Australian Scholarly Publishing.
Book Chapters
- Chaikin, D. (2023). International Informal Capital Flows and Sustainable Finance: China's Regulatory Approach. In M. Dion (Eds.), Sustainable Finance and Financial Crime, (pp. 63-82). Cham: Springer. [More Information]
- Chaikin, D. (2021). International Informal Capital Flows: Implications for Regulation in China. In Feng Hui (Eds.), Financial Liberalisation in China: Progress, Issues and Challenges. Abingdon, UK: Routledge.
- Chaikin, D. (2019). Offshore Financial Secrecy and Crime in the Technological Age. In David Chaikin, Derwent Coshott (Eds.), Markets, Misconduct and the Technological Age, (pp. 17-29). Melbourne: Australian Scholarly Publishing.
Journals
- Chaikin, D. (2023). Cybersecurity Risk Management in the Financial Services Industry: ASIC v RI Advice Group Pty Ltd. Company and Securities Law Journal, 39(8), 485-490.
- Chaikin, D. (2020). Reforming Private Whistleblower Protections - What Next in Australia? Australian Business Law Review, 48(1), 50-66.
- Chaikin, D. (2019). Blowing the Whistle: A Critical Analysis of the Treasury Laws Amendment (Enhancing Whistleblowing Protections) Act (Cth) 2019. Australian Business Law Review, 47(3), 162-181.
Conferences
- Chaikin, D. (2018). Dictator's Plunder and Regime. 36th International Symposium on Economic Crime: Unexplained wealth - whose business?, Cambridge, United Kingdom, 2-9 September 2018: University of Cambridge.
- Chaikin, D. (2018). It Pays to be a Whistleblower? Innoxcell Annual Symposium, Sydney, Australia, 15 March 2018: GRC Solutions.
- Chaikin, D. (2018). Unjust enrichment - the new approach. 36th International Symposium on Economic Crime: Unexplained wealth - whose business?, Cambridge, United Kingdom, 2-9 September 2018: University of Cambridge.
Report
- 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.
- Chaikin, D. (2014). Measuring Performance and Australia's Anti-Money Laundering Law.
Research Reports
- Chaikin, D., Brown, E. (2014). An Alternative Australian Trusts Act: Empirical and Implementation Perspectives, (pp. 1 - 25). Sydney, Australia: Financial Services Council.
- Chaikin, D., Brown, E. (2014). Global Competitiveness and Exporting Financial Services: A Proposal for an Alternative Australian Trusts Act, (pp. 1 - 40). Sydney, Australia: Financial Services Council.
- Chaikin, D., Sharman, J. (2007). Final APG/ FATF Anti-Corruption/ AML/ CFT Research Paper, September 2007, (pp. 3 - 105). Australia: Asia/ Pacific Group on Money Laundering.
2023
- Chaikin, D. (2023). Cybersecurity Risk Management in the Financial Services Industry: ASIC v RI Advice Group Pty Ltd. Company and Securities Law Journal, 39(8), 485-490.
- Chaikin, D. (2023). International Informal Capital Flows and Sustainable Finance: China's Regulatory Approach. In M. Dion (Eds.), Sustainable Finance and Financial Crime, (pp. 63-82). Cham: Springer. [More Information]
2021
- Chaikin, D. (2021). International Informal Capital Flows: Implications for Regulation in China. In Feng Hui (Eds.), Financial Liberalisation in China: Progress, Issues and Challenges. Abingdon, UK: Routledge.
2020
- Chaikin, D. (2020). Reforming Private Whistleblower Protections - What Next in Australia? Australian Business Law Review, 48(1), 50-66.
2019
- Chaikin, D. (2019). Blowing the Whistle: A Critical Analysis of the Treasury Laws Amendment (Enhancing Whistleblowing Protections) Act (Cth) 2019. Australian Business Law Review, 47(3), 162-181.
- Chaikin, D., Coshott, D. (2019). Markets, Misconduct and the Technological Age. Melbourne: Australian Scholarly Publishing. [More Information]
- Chaikin, D. (2019). Offshore Financial Secrecy and Crime in the Technological Age. In David Chaikin, Derwent Coshott (Eds.), Markets, Misconduct and the Technological Age, (pp. 17-29). Melbourne: Australian Scholarly Publishing.
2018
- Chaikin, D. (2018). A Critical Analysis of the Effectiveness of Anti-Money Laundering Measures with Reference to Australia. In Colin King, Clive Walker, Jimmy Gurule (Eds.), The Palgrave Handbook of Criminal and Terrorism Financing Law, (pp. 293-316). Cham: Palgrave Macmillan. [More Information]
- Chaikin, D., Brown, E. (2018). An Alternative Trusts Act. In Richard C. Nolan, Kelvin F. Low, Tang Hang Wu (Eds.), Trusts and Modern Wealth Management, (pp. 458-485). Cambridge: Cambridge University Press. [More Information]
- Chaikin, D. (2018). Blowing the Whistle - No Rewards Please! (Editorial). Journal of Financial Crime, 25(3), 634-635. [More Information]
2017
- Chaikin, D., Coshott, D. (2017). Digital Disruption: Impact on Business Models, Regulation & Financial Crime. Mebourne: Australian Scholarly Publishing.
- Chaikin, D. (2017). Money Laundering and Tax Evasion-The Assisting of the Banking Sector. In Michael S. Ablander, Sarah Hudson (Eds.), The Handbook of Business and Corruption: Cross-Sectoral Experiences, (pp. 237-254). Bingley: Emerald Group Publishing. [More Information]
- Chaikin, D., Tucker, R., Kendall, A. (2017). The Future of Digital Currency. In David Chaikin, Derwent Coshott (Eds.), Digital Disruption: Impact on Business Models, Regulation & Financial Crime, (pp. 113-124). Mebourne: Australian Scholarly Publishing.
2015
- Chaikin, D. (2015). The Political Risk of Offshore Financial Centres: The Cyprus Bail-Out. In Not known (Eds.), Emerging Markets and Sovereign Risk, (pp. 81-105). TBC. [More Information]
2014
- Chaikin, D., Brown, E. (2014). An Alternative Australian Trusts Act: Empirical and Implementation Perspectives, (pp. 1 - 25). Sydney, Australia: Financial Services Council.
- Chaikin, D., Brown, E. (2014). Global Competitiveness and Exporting Financial Services: A Proposal for an Alternative Australian Trusts Act, (pp. 1 - 40). Sydney, Australia: Financial Services Council.
- Chaikin, D. (2014). Measuring Performance and Australia's Anti-Money Laundering Law.
2013
- Chaikin, D. (2013). Are Lawyers Gatekeepers of Arbitrageurs in Corporate Governance. In David Chaikin (Eds.), Financial Crime Risks, Globalisation and the Professions, (pp. 73-87). North Melbourne, Australia: Australian Scholarly Publishing.
- Chaikin, D. (2013). Financial Crime Risks and the Professions. In David Chaikin (Eds.), Financial Crime Risks, Globalisation and the Professions, (pp. 1-15). North Melbourne, Australia: Australian Scholarly Publishing.
- Chaikin, D. (2013). The rise of virtual currencies, tax evasion and money laundering. Journal of Financial Crime, 20(4). [More Information]
2012
- Chaikin, D. (2012). Investigating an optimal approach for the Australian accounting profession to respond to Anti-Money Laundering regulation.
- Chaikin, D., Dyball, M. (2012). Tax Compliance and Administrative Challenges: Lessons from the Philippine Experience. In Nolan Cormac Sharkey (Eds.), Taxation in ASEAN and China: Local Institutions, Regionalism, Global Systems and Economic Development, (pp. 73-96). Milton Park, United Kingdom: Routledge.
- Chaikin, D. (2012). Transnational Corruption and Conflict Minerals. In Nigel Finch (Eds.), Contemporary Issues in Mining: Leading Practice in Australia, (pp. 174-195). Houndmills, Basingstoke, Hampsire: Palgrave Macmillan. [More Information]
2011
- 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.
- Chaikin, D. (2011). Corrupt practices involving offshore financial centres. In Adam Graycar and Russell Smith (Eds.), Handbook of Global Research and Practice in Corruption, (pp. 203-221). Cheltenham, United Kingdom: Edward Elgar Publishing. [More Information]
2010
- 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. [More Information]
- Chaikin, D. (2010). International anti-money laundering laws: Improving external accountability of political leaders. U4 BRIEF, (4), 3-6.
- Chaikin, D. (2010). Money Laundering, Tax Evasion & Tax Havens. Melbourne Australia: Australian Scholarly Publishing.
2009
- Sharman, J., Chaikin, D. (2009). Corruption and Anti-Money-Laundering Systems: Putting a Luxury Good to Work. Governance, 22(1), 27-45. [More Information]
- Chaikin, D., Sharman, J. (2009). Corruption and Money Laundering: A Symbiotic Relationship. NY, United States: Palgrave Macmillan.
- Chaikin, D. (2009). Crimes of the Powerful: Liechtenstein Case Study. In David Chaikin (Eds.), Money Laundering, Tax Evasion & Tax Havens, (pp. 7-25). Melbourne Australia: Australian Scholarly Publishing.
2008
- Chaikin, D. (2008). Commercial corruption and money laundering: A preliminary analysis. Journal of Financial Crime, 15(3), 269-281.
- Chaikin, D. (2008). Crimes of the powerful - Liechtenstein/Switzerland case study. Symposium on Money Laundering, Tax Evasion and Tax Havens, Australia: University of Sydney.
- Chaikin, D. (2008). Gaining an insight into the latest AML developments. 2nd Annual Anti-Money Laundering Forum.
2007
- Chaikin, D., Sharman, J. (2007). Final APG/ FATF Anti-Corruption/ AML/ CFT Research Paper, September 2007, (pp. 3 - 105). Australia: Asia/ Pacific Group on Money Laundering.
- Chaikin, D., 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, Australia: The Asia/Pacific Group on Money Laundering.
- 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, Thailand: APEC.
2006
- Chaikin, D. (2006). Computer assisted and related crime. 24th International Symposium on Economic Crime, UK: University of Cambridge.
- Chaikin, D. (2006). Costs and benefits of anti money laundering laws. 24th International Symposium on Economic Crime, UK: University of Cambridge.
- Chaikin, D. (2006). Money laundering – Where is the risk? Money Laundering and Risk Symposium.
2005
- Chaikin, D. (2005). Legal and reputation risks in a globalised world. Workshop on World of Risk: New Approaches to Global Risk Society.
- Chaikin, D. (2005). Nominee shareholders: Legal, commercial and risk aspects. Australian Journal of Corporate Law, 18(3), 288-303.
- Chaikin, D. (2005). Policy and Fiscal Effects of Swiss Bank Secrecy. Revenue Law Journal, 15, 90-110.
2002
- Chaikin, D. (2002). Asset Tracking in Australia. In Michael Keltie Ashe Q.C., Barry Rider, T.Michael Ashe (Eds.), International Tracing of Assets, (pp. Q1-Q1/39). United Kingdom: Sweet & Maxwell Ltd.
2001
- Chaikin, D. (2001). Controlling Corruption by Heads of Government and Political Elites. In P Larmour & N Wolanin (Eds.), Corruption and Anti-Corruption, (pp. 97-108). Australia: Asia Pacific Press.
Selected Grants
2014
- Global Competitiveness and Exporting Financial Services:, Chaikin D, Financial Services Council Ltd/Joint Research Project
2008
- The Nexus between Corruption and Money Laundering: Typologies and Policy Responses, Chaikin D, Sharman J, Australian Research Council (ARC)/Discovery Projects (DP)