Money Laundering Hide Disguise TRUE ORIGIN OF THE CRIMINAL PROCEEDS.

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Presentation transcript:

Money Laundering Hide Disguise TRUE ORIGIN OF THE CRIMINAL PROCEEDS.

Criminals…Law Enforcement Authorities Law Enforcement Authorities Reducing Crime Criminals Retain Funds Recycle for Further Crimes

Predicate Offences (Unlawful Activities) Drug trafficking Counterfeiting Smuggling Theft Embezzlement Racketeering Tax evasion Kidnapping Illegal arms sales Bribery Illegal trade of cultural property

Laundering Process Placement Layering Integration

Placement Problems 50,000$ of 10$ bills=2 feet high A bill weighs aprrox. One gram There are aprrox. 454 bills per pound 50lbs of 10$ bills = $ 50lbs of 20$ bills = $ 50lbs of 50$ bills = $ 50lbs of 100$ bills = $ 50lbs cocaine = $ 50lbsmarijuana = $

ECONOMIC IMPACTS OF MONEY LAUNDERING Misallocation Of Funds Unpredictable Movements Of Funds Reputation Risk Undermines the Legitimate Private Sector Economic Development issues Loss of Tax Revenue Loss of Control of Economic Policy Other

Estimation Of Laundered Money %2-5 World GNP Annually 500 Billion to 1.5 Trillion USD (FATF) Approaches Issues Hidden activities Difference in Predicate offences Black money>Laundered money

INTERNATIONAL EFFORTS Financial Acton Task Force-1989 The Vienna Conventinon-1988 Basle Committee Statement of Principles-1988 European Union Directive-1991 IOSCO-1992 Other

FAFT 40 Recommendations Country Evaluations Typology Studies Guidelines Mutual Evaluation Identifying Non-Cooperative Countries and Territories

Latest FATF Report About NCCOT’s NCCOT’s Jurisdictions Subject To The monitoring Process

Off Shore Centers Tax Evasion Evading Strict Regulation Money Laundering Confidentiality Weak Supervision Owning a bank, company

Some Figures Jurisdiction BanksComp. Bahamas ,040 Liechtenstein 17 75,000 Seychelles - 4,800 Nauru

A Brief History of Combating 1972 Bank Secrecy Act- US 1986 Money Laundering Control Act-US Enactment Of Otter Countries Acts Emerge of Financial Intelligent Units

Scope of The ACT’s Criminalization of Laundering Determining Predicate Offences Establishing Of a FIU AML Programs (Reporting, Identification, Recording etc of Transactions.. Etc) Civil &Criminal Liabilities Other (Information Exchange, Education..etc)

Basic FIU Model 1-Disclouseres transmitted to FIU 2-FIU receives additional information from law enforcement 3-Possible exchange with foreign counterpart FIU 4-After analysis, FIU provide case ti prosecutor for action

Egmont Group and Definition of FIU EGMONT Group-1995 Central national agency responsible for receiving, requesting, analyzing and disseminating to the competent authorities, disclosures of financial information, concerning suspected proceeds of crime in order to counter money laundering. FIU’s of Some Countries

Security Markets Industry Rely on Commissions Due Diligence has taken Perception International, Large, Liquid Nature Availability of many Instruments and Institutions

Securities Market (Cont) Layering Stage Lack of Information IOSCO Resolution-1992 GAO survey of Securities Sector of USA

Patriot ACT –Brokers/Delaers Before Patriot Act Currency Transaction Reports Funds Transfers and Transmittals Suspicious Activity Reporting-Red Flags Other

Patriot Act-Brokers/Dealers SEC 312 Private Banking Account SEC 313 Correspondent Account SEC 314 Financial Institution Cooperation Provision SEC 319 Domestic and Foreign Bank Records Production

Patriot Act-Brokers/Dealers SEC 352 Anti Money Laundering Programs SEC 356 Suspicious Activity Report by the Securities and futures Industry SEC 256 Customer Identification and Verification

Typologies Typologies from FATF and Other Sources

Conclusion Reducing Crime Since 1990’s Significant Steps has taken Lack of Statistical Data Isolation of NCCOT’s from Global Financial Community New Fighting Means Focusing on Detecting