Money laundering

Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources.^[1] The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount of money laundered, either worldwide or within their national economy. In 1996 the International Monetary Fund estimated that two to five percent of the worldwide global economy involved laundered money. However, the FATF, an intergovernmental body set up to combat money laundering, admitted that "overall it is absolutely impossible to produce a reliable estimate of the amount of money laundered and therefore the FATF does not publish any figures in this regard."^[2] Academic commentators have likewise been unable to estimate the volume of money with any degree of assurance.^[3]

Regardless of the difficulty in measurement, the amount of money laundered each year is in the billions (US dollars) and poses a significant policy concern for governments.^[3] As a result, governments and international bodies have undertaken efforts to deter, prevent and apprehend money launderers. Financial institutions have likewise undertaken efforts to prevent and detect transactions involving dirty money, both as a result of government requirements and to avoid the reputational risk involved.

Methods

Money laundering often occurs in three steps: first, cash is introduced into the financial system by some means (“placement”), the second involves carrying out complex financial transactions in order to camouflage the illegal source (“layering”), and the final step entails acquiring wealth generated from the transactions of the illicit funds (“integration”). Some of these steps may be omitted, depending on the circumstances; for example, non-cash proceeds that are already in the financial system would have no need for placement.^[3]

Money laundering takes several different forms although most methods can be categorized into one of a few types. These include "bank methods, smurfing [also known as structuring], currency exchanges, and double-invoicing."^[4]

• Structuring: Often known as "smurfing," it is a method of placement by which cash is broken into smaller deposits of money, used to defeat suspicion of money laundering and to avoid anti-money laundering reporting requirements. A sub-component of this is to use smaller amounts of cash to purchase bearer instruments, such as money orders, and then ultimately deposit those, again in small amounts.^[5]

• Bulk cash smuggling: Physically smuggling cash to another jurisdiction, where it will be deposited in a financial institution, such as an offshore bank, with greater bank secrecy or less rigorous money laundering enforcement.^[6]

• Cash-intensive businesses: A business typically involved in receiving cash will use its accounts to deposit both legitimate and criminally derived cash, claiming all of it as legitimate earnings. Often, the business will have no legitimate activity.^[7]

• Overpurchasing: This is where a launderer buys an item from a private seller, pays with an excess check, and is paid back the overflow. This remainder can be claimed as legal spending, and be used however the launderer likes. Ex.- "I would like to buy your product at $300. However, I would like to pay with a $2000 check, and for you to send me back the $1700"

• Trade-based laundering: Under- or over-valuing invoices in order to disguise the movement of money.^[8]

• Shell companies and trusts: Trusts and shell companies disguise the true owner of money. Trusts and corporate vehicles, depending on the jurisdiction, need not disclose their true, beneficial, owner.^[7]

• Bank capture: Money launderers or criminals buy a controlling interest in a bank, preferably in a jurisdiction with weak money laundering controls, and then move money through the bank without scrutiny.

• Casinos: An individual will walk in to a casino or a horse race track with cash and buy chips, play for a while and then cash in his chips, for which he will be issued a cheque. The money launderer will then be able to deposit the cheque into his bank account, and claim it as gambling winnings.^[6] If the casino is controlled by organized crime and the money launderer works for them, the launderer will lose the illegally obtained money on purpose in the casino and be paid with other funds by the criminal organization.

• Real estate: Real estate may be purchased with illegal proceeds, then sold. The proceeds from the sale appear to outsiders to be legitimate income. Alternatively, the price of the property is manipulated; the seller will agree to a contract that under-represents the value of the property, and will receive criminal proceeds to make up the difference.^[7]

• Black salaries: Companies might have unregistered employees without a written contract who are given cash salaries. Black cash might be used to pay them.^{[citation needed]}

Enforcement

Anti-money laundering (AML) is a term mainly used in the financial and legal industries to describe the legal controls that require financial institutions and other regulated entities to prevent, detect and report money laundering activities. Anti-money laundering guidelines came into prominence globally as a result of the formation of the Financial Action Task Force (FATF) and the promulgation of an international framework of anti-money laundering standards.^[9] These standards began to have more relevance in 2000 and 2001 after FATF began a process to publicly identify countries that were deficient in their anti-money laundering laws and international cooperation, a process colloquially known as "name and shame."^[10]

An effective AML program requires a jurisdiction to have criminalized money laundering, given the relevant regulators and police the powers and tools to investigate; be able to share information with other countries as appropriate; and require financial institutions to identify their customers, establish risk-based controls, keep records, and report suspicious activities.^[11]

Criminalizing money laundering

The elements of the crime of money laundering are set forth in the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and Convention against Transnational Organized Crime. It is knowingly engaging in a financial transaction with the proceeds of a crime for the purpose of concealing or disguising the illicit origin of the property.

The role of financial institutions

Today, most financial institutions globally, and many non-financial institutions, are required to identify and report transactions of a suspicious nature to the financial intelligence unit in the respective country. For example, a bank must verify a customer's identity and, if necessary, monitor transactions for suspicious activity. This is often termed as KYC – "know your customer." This means, to begin with, knowing the identity of the customers, and further, understanding the kinds of transactions in which the customer is likely to engage. By knowing one's customers, financial institutions will often be able to identify unusual or suspicious behavior, termed anomalies, which may be an indication of money laundering.^[12]

Bank employees, such as tellers and customer account representatives, are trained in anti-money laundering and are instructed to report activities that they deem suspicious. Additionally, anti-money laundering software filters customer data, classifies it according to level of suspicion, and inspects it for anomalies. Such anomalies would include any sudden and substantial increase in funds, a large withdrawal, or moving money to a bank secrecy jurisdiction. Smaller transactions that meet certain criteria may be also be flagged as suspicious. For example, structuring can lead to flagged transactions. The software will also flag names that have been placed on government "blacklists" and transactions involving countries that are thought to be hostile to the host nation. Once the software has mined data and flagged suspect transactions, it alerts bank management, who must then determine whether to file a report with the government.

Value of enforcement costs and associated privacy concerns

The financial services industry has become more vocal about the rising costs of anti-money laundering regulation, and the limited benefits that they claim it appears to bring.^[13] One commentator wrote that "[w]ithout facts, [anti-money laundering] legislation has been driven on rhetoric, driving by ill-guided activism responding to the need to be "seen to be doing something" rather than by an objective understanding of its impact on predicate crime. The social panic approach is justified by the language used – we talk of the battle against terrorism or the war on drugs..."^[14] The Economist newspaper has become increasingly vocal in its criticism of such regulation, particularly with reference to countering terrorist financing, referring to it as a "costly failure," although concedes that the rules to combat money laundering are more effective.^[15]

However, no precise measurement of the costs of regulation balanced against the harms associated with money laundering,^[16] and, given the evaluation problems involved in assessing such an issue, it is unlikely the effectiveness of terror finance and money laundering laws could be determined with any degree of accuracy.^[17] Government-linked economists have noted the significant negative effects of money laundering on economic development, including undermining domestic capital formation, depressing growth, and diverting capital away from development.^[18]

Data privacy has also been raised as a concern. A European Union working party, for example, has announced a list of 44 recommendations to better harmonize, and if necessary pare back, the money laundering laws of EU member states to comply with fundamental privacy rights.^[19] In the United States, groups such as the American Civil Liberties Union have expressed concern that money laundering rules require banks to report on their own customers, essentially conscripting private businesses "into agents of the surveillance state."^[20]

In any event, many countries are obligated by various international instruments and standards, such as the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Convention against Transnational Organized Crime, and the United Nations Convention against Corruption, and the recommendations of the Financial Action Task Force on Money Laundering to enact and enforce money laundering laws in an effort to stop narcotics trafficking, international organized crime, and corruption. Other countries, such as Mexico, which are faced with significant crime problems believe that anti-money laundering controls could help curb the underlying crime issue.^[21]

Organizations working against money laundering

Formed in 1989 by the G7 countries, the Financial Action Task Force on Money Laundering (FATF) is an intergovernmental body whose purpose is to develop and promote an international response to combat money laundering. The FATF Secretariat is housed at the headquarters of the OECD in Paris. In October 2001, FATF expanded its mission to include combating the financing of terrorism. FATF is a policy-making body, which brings together legal, financial and law enforcement experts to achieve national legislation and regulatory AML and CFT reforms. Currently, its membership consists of 34 countries and territories and two regional organizations. In addition, FATF works in collaboration with a number of international bodies and organizations. These entities have observer status with FATF, which does not entitle them to vote, but permits full participation in plenary sessions and working groups.^[22]

FATF has developed 40 Recommendations on money laundering and 9 Special Recommendations regarding terrorist financing. FATF assesses each member country against these recommendations in published reports. Countries seen as not being sufficiently compliant with such recommendations are subjected to financial sanctions.^[23]

FATF’s three primary functions with regard to money laundering are:

• Monitoring members’ progress in implementing anti-money laundering measures.
• Reviewing and reporting on laundering trends, techniques and countermeasures.
• Promoting the adoption and implementation of FATF anti-money laundering standards globally.

The FATF currently comprises 34 member jurisdictions and 2 regional organisations, representing most major financial centres in all parts of the globe:

• Argentina
• Australia
• Austria
• Belgium
• Brazil
• Canada
• China
• Denmark
• European Commission
• Finland
• France
• Germany
• Greece
• Gulf Co-operation Council
• Hong Kong, China
• Iceland
• India
• Ireland
• Italy
• Japan
• Kingdom of the Netherlands
• Luxembourg
• Mexico
• New Zealand
• Norway
• Portugal
• Republic of Korea
• Russian Federation
• Singapore
• South Africa
• Spain
• Sweden
• Switzerland
• Turkey
• United Kingdom
• United States

The United Nations Office on Drugs and Crime maintains the International Money Laundering Information Network, a website that provides information and software for anti-money laundering data collection and analysis.^[24] The World Bank has a website in which it provides policy advice and best practices to governments and the private sector on anti-money laundering issues.^[25]

Laws and enforcement by region

Many jurisdictions adopt a list of specific predicate crimes for money laundering prosecutions, while others criminalize the proceeds of any serious crime.

Afghanistan

The Financial Transactions and Reports Analysis Center of Afghanistan (FinTRACA) was established as a Financial Intelligence Unit (FIU) under the Anti Money Laundering and Proceeds of Crime Law passed by decree late in 2004. The main purpose of this law is to protect the integrity of the Afghan financial system and to gain compliance with international treaties and conventions. The Financial Intelligence Unit is a semi-independent body that is administratively housed within the Central Bank of Afghanistan (Da Afghanistan Bank).The main objective of FinTRACA is to deny the use of the Afghan financial system to those who obtained funds as the result of illegal activity, and to those who would use it to support terrorist activities. http://fintraca.gov.af/ In order to meet its objectives, the FinTRACA collects and analyzes information from a variety of sources. These sources include entities with legal obligations to submit reports to the FinTRACA when a suspicious activity is detected, as well as reports of cash transactions above a threshold amount specified by regulation. Also, FinTRACA has access to all related Afghani government information and databases. When the analysis of this information supports the supposition of illegal use of the financial system, the FinTRACA works closely with law enforcement to investigate and prosecute the illegal activity. FinTRACA also cooperates internationally in support of its own analyses and investigations and to support the analyses and investigations of foreign counterparts, to the extent allowed by law. Other functions include training of those entities with legal obligations to report information, development of laws and regulations to support national-level AML objectives, and international and regional cooperation in the development of AML typologies and countermeasures.

Bangladesh

In Bangladesh, this issue has been dealt with by the Prevention of Money Laundering Act, 2002 (Act No. VII of 2002). In terms of section 2, "Money Laundering means (a) Properties acquired or earned directly or indirectly through illegal means; (b) Illegal transfer, conversion, concealment of location or assistance in the above act of the properties acquired or earned directly of indirectly through legal or illegal means." In this Act, “Properties means movable or immovable properties of any nature and description”. To prevent these Illegal uses of money Bangladesh Govt. has introduced the Money Laundering Prevention Act. The Act was last amended in the year 2009 and all the Financial Institutes are following this act. Till today there are 26 Circulars issued by Bangladesh Bank under this act. To prevent Money laundering a banker must do the following:

• While opening a new account, the account opening form should be duly filled up by all the information of the Customer.
• The KYC has to be properly filled up
• The TP (Transaction Profile) is mandatory for a client to understand his/her transactions. If needed, the TP has to be updated at the Client’s consent.
• All other necessary papers should be properly collected along with the Voter ID card.
• If there is any suspicious transaction is notified, the BAMLCO (Branch Anti Money Laundering Compliance Officer) has to be notified and accordingly the STR (Suspicious Transaction Report) reporting has to be done.
• The Cash department should be aware of the Transactions. It has to be noted if suddenly a big amount of money is deposited in any account. Proper documents will be required if any Client does this type of transaction.
• Structuring, over/ under Invoicing is another way to do Money Laundering. The Foreign Exchange Department should look into this matter cautiously.
• If in any account there is a transaction exceeding 7.00 lac in a single day that has to be reported as CTR (cash Transaction report)
• All the Bank Officials must go through all the 26 Circulars and must use in doing the Banking.

Canada

FINTRAC (Financial Transaction and Reports Analysis Centre of Canada) is responsible for investigation of money and terrorist financing cases that are originating or destined for Canada. The financial intelligence unit was created by the amendment of the Proceeds of Crime (Money Laundering) Act in December 2001 (via Bill C-25) and created the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Financial institutions in Canada are required to track large cash transactions (daily total greater than CAD$10,000.00 or equivalent value in other currencies) that can be used to finance terrorist activities in and beyond Canada's borders and report them to FINTRAC.

European Union

The EU directive 2005/60/EC^[26] "on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing" tries to prevent such crime by requiring banks, real estate agents and many more companies to investigate and report usage of cash in excess of €15,000. The earlier EU directives 91/308/EEC and 2001/97/EC also relate to money laundering.

India

The Prevention of Money-Laundering Act, 2002 came into effect on 1 July 2005.

Section 12 (1) prescribes the obligations on banks, financial institutions and intermediaries (a) to maintain records detailing the nature and value of transactions which may be prescribed, whether such transactions comprise of a single transaction or a series of transactions integrally connected to each other, and where such series of transactions take place within a month; (b) to furnish information of transactions referred to in clause (a) to the Director within such time as may be prescribed and t records of the identity of all its clients. Section 12 (2) prescribes that the records referred to in sub-section (1) as mentioned above, must be maintained for ten years after the transactions finished. It is handled by the Indian Income Tax Department.

The provisions of the Act are frequently reviewed and various amendments have been passed from time to time.

The recent activity in money laundering in India is through political parties, corporate companies and share market. It is investigated by the Indian Income Tax Department.

Bank accountant must record all the transactions whose amount will be more than Rs. 10 Lakhs. Bank accountant must maintain this records for 10 years. Banks will also make cash transaction report (CTR) and Suspicious transactions report whose amount is more than RS. 10 Lakhs with in 7 days of doubt. This report will be submitted to enforcement directorate and income tax department.^[27]

United Kingdom

Money laundering and terrorist funding legislation in the UK is governed by four Acts of primary legislation:-

• Terrorism Act 2000^[28]
• Anti-terrorism, Crime and Security Act 2001^[29]
• Proceeds of Crime Act 2002^[30]
• Serious Organised Crime and Police Act 2005^[31]

The Proceeds of Crime Act 2002 contains the primary UK anti-money laundering legislation,^[32] including provisions requiring businesses within the 'regulated sector' (banking, investment, money transmission, certain professions, etc.) to report to the authorities suspicions of money laundering by customers or others.^[33]

Money laundering is widely defined in the UK.^[34] In effect any handling or involvement with any proceeds of any crime (or monies or assets representing the proceeds of crime) can be a money laundering offence. An offender's possession of the proceeds of his own crime falls within the UK definition of money laundering.^[35] The definition also covers activities which would fall within the traditional definition of money laundering as a process by which proceeds of crime are concealed or disguised so that they may be made to appear to be of legitimate origin.^[36]

Unlike certain other jurisdictions (notably the USA and much of Europe), UK money laundering offences are not limited to the proceeds of serious crimes, nor are there any monetary limits, nor is there any necessity for there to be a money laundering design or purpose to an action for it to amount to a money laundering offence. A money laundering offence under UK legislation need not involve money, since the money laundering legislation covers assets of any description. In consequence any person who commits an acquisitive crime (i.e. one from which he obtains some benefit in the form of money or an asset of any description) in the UK will inevitably also commit a money laundering offence under UK legislation.

This applies also to a person who, by criminal conduct, evades a liability (such as a taxation liability) – referred to by lawyers as "obtaining a pecuniary advantage" – as he is deemed thereby to obtain a sum of money equal in value to the liability evaded.^[34]

The principal money laundering offences carry a maximum penalty of 14 years imprisonment.^[37]

Secondary regulation is provided by the Money Laundering Regulations 2003^[38] which was replaced by the Money Laundering Regulations 2007.^[39] They are directly based on the EU directives 91/308/EEC, 2001/97/EC and 2005/60/EC.

One consequence of the Act is that solicitors, accountants, tax advisers and insolvency practitioners who suspect (as a consequence of information received in the course of their work) that their clients (or others) have engaged in tax evasion or other criminal conduct from which a benefit has been obtained, are now required to report their suspicions to the authorities (since these entail suspicions of money laundering). In most circumstances it would be an offence, 'tipping-off', for the reporter to inform the subject of his report that a report has been made.^[40] These provisions do not however require disclosure to the authorities of information received by certain professionals in privileged circumstances or where the information is subject to legal professional privilege. Others that are subject to these regulations include financial institutions, credit institutions, estate agents (which includes chartered surveyors), trust and company service providers, high value dealers (who accept cash equivalent to €15,000 (Euro) or more for goods sold), and casinos.

Professional guidance (which is submitted to and approved by the UK Treasury) is provided by industry groups including the Joint Money Laundering Steering Group^[41], the Law Society.^[42] and the Consultative Committee of Accountancy Bodies' (CCAB). However there is no obligation on banking institutions to routinely report monetary deposits or transfers above a specified value. Instead reports have to be made of all suspicious deposits or transfers, irrespective of their value.

The reporting obligations include reporting suspicions relating to gains from conduct carried out in other countries which would be criminal if it took place in the UK.^[43] Exceptions were later added to exempt certain activities which were legal in the location where they took place, such as bullfighting in Spain.^[44]

There are more than 200,000 reports of suspected money laundering submitted annually to the authorities in the UK (there were 240,582 reports in the year ended 30 September 2010 – an increase from the 228,834 reports submitted in the previous year^[45]). Most of these reports are submitted by banks and similar financial institutions (there were 186,897 reports from the banking sector in the year ended 30 September 2010^[45]).

Although 5,108 different organisations submitted suspicious activity reports to the authorities in the year ended 30 September 2010 just four organisations submitted approximately half of all reports, and the top 20 reporting organisations accounted for three-quarters of all reports.^[45]

The offence of failing to report a suspicion of money laundering by another person carries a maximum penalty of 5 years imprisonment.^[37]

Bureaux de change

All UK Bureaux de change are registered with Her Majesty's Revenue and Customs which issues a trading licence for each location. Bureaux de change and money transmitters, such as Western Union outlets, in the UK fall within the 'regulated sector' and are required to comply with the Money Laundering Regulations 2007.^[39] Checks can be carried out by HMRC on all Money Service Businesses.

United States

The approach in the United States to stopping money laundering is usefully broken into two areas: preventive (regulatory) measures and criminal measures.

Preventive

In an attempt to prevent dirty money from entering the US financial system in the first place, the United States Congress passed a series of laws, starting in 1970, collectively known as the Bank Secrecy Act. These laws, contained in sections 5311 through 5332 of Title 31 of the United States Code, require financial institutions, which under the current definition include a broad array of entities, including banks, credit card companies, life insurers, money service businesses and broker-dealers in securities, to report certain transactions to the United States Treasury. Cash transactions in excess of $10,000 must be reported on a Currency Transaction Report (CTR), identifying the individual making the transaction as well as the source of the cash. The US is one of the few countries in the world to require reporting of all cash transactions over a certain limit, although certain businesses can be exempt from the requirement. Additionally, financial institutions must report transaction on a Suspicious Activity Report (SAR) that they deem “suspicious,” defined as a knowing or suspecting that the funds come from illegal activity or disguise funds from illegal activity, that it is structured to evade BSA requirements or appears to serve no known business or apparent lawful purpose; or that the institution is being used to facilitate criminal activity. Attempts by customers to circumvent the BSA, generally by structuring cash deposits to amounts lower than $10,000 by breaking them up and depositing them on different days or at different locations also violates the law.^[46]

The financial database created by these reports is administered by the U.S.’s Financial Intelligence Unit (FIU), called the Financial Crimes Enforcement Network (FinCEN), which is located in Vienna, Virginia. These reports are made available to US criminal investigators, as well as other FIU’s around the globe, and FinCEN will conduct computer assisted analyses of these reports to determine trends and refer investigations.^[47]

The BSA requires financial institutions to engage in customer due diligence, which is sometimes known in the parlance as “know your customer.” This includes obtaining satisfactory identification to give assurance that the account is in the customer’s true name, and having an understanding of the expected nature and source of the money that will flow through the customer's accounts. Other classes of customers, such as those with private banking accounts and those of foreign government officials, are subjected to enhanced due diligence because the law deems that those types of accounts are a higher risk for money laundering. All accounts are subject to ongoing monitoring, in which internal bank software scrutinizes transactions and flags for manual inspection those that fall outside certain parameters. If a manual inspection reveals that the transaction is suspicious, the institution should file a Suspicious Activity Report.^[48]

The regulators of the industries involved are responsible to ensure that the financial institutions comply with the BSA. For example, the Federal Reserve and the Office of the Comptroller of the Currency regularly inspect banks, and may impose civil fines or refer matters for criminal prosecution for non-compliance. A number of banks have been fined and prosecuted for failure to comply with the BSA. Most famously, Riggs Bank, in Washington D.C., was prosecuted and functionally driven out of business as a result of its failure to apply proper money laundering controls, particularly as it related to foreign political figures.^[49]

In addition to the BSA, the U.S. imposes controls on the movement of currency across its borders, requiring individuals to report the transportation of cash in excess of $10,000 on a form called Report of International Transportation of Currency or Monetary Instruments (known as a CMIR).^[50] Likewise, businesses, such as automobile dealerships, that receive cash in excess of $10,000 must likewise file a Form 8300 with the Internal Revenue Service, identifying the source of the cash.^[51]

On 1 September 2010, the Financial Crimes Enforcement Network issued an advisory on "informal value transfer systems" referencing United States v. Banki.^[52]

Criminal sanctions

Money laundering has been criminalized in the United States since the Money Laundering Control Act of 1986. That legislation, contained at section 1956 of Title 18 of the United States Code, prohibits individuals from engaging in a financial transaction with proceeds that were generated from certain specific crimes, known as “specified unlawful activities” (SUAs). Additionally, the law requires that an individual specifically intend in making the transaction to conceal the source, ownership or control of the funds. There is no minimum threshold of money, nor is there the requirement that the transaction succeed in actually disguising the money. Moreover, a “financial transaction” has been broadly defined, and need not involve a financial institution, or even a business. Merely passing money from one person to another, so long as it is done with the intent to disguise the source, ownership, location or control of the money, has been deemed a financial transaction under the law. However, the lone possession of money without either a financial transaction or an intent to conceal is not a crime in the United States.^[53]

In addition to money laundering, the law, contained in section 1957 of Title 18 of the United States Code, prohibits spending in excess of $10,000 derived from an SUA, regardless of whether the individual wishes to disguise it. This carries a lesser penalty than money laundering, and unlike the money laundering statute, requires that the money pass through a financial institution.^[53]

According to the records compiled by the United States Sentencing Commission, in 2009, the United States Department of Justice typically convicted a little over 81,000 people; of this, approximately 800 are convicted of money laundering as the primary or most serious charge.^[54]

Notable cases

• Bank of New York: $7 billion of Russian capital flight laundered through accounts controlled by bank executives, late 1990s^[55]

• Nauru: $70 billion of Russian capital flight laundered through unregulated Nauru offshore shell banks, late 1990s^[56]

• Sani Abacha: $2–5 billion of government assets laundered through banks in the U.K.,Luxembourg, Jersey (Channel Islands), and Switzerland, by president of Nigeria.^[57]

• Bank of Credit and Commerce International: Unknown amount, estimated in billions, of criminal proceeds, including drug trafficking money, laundered during the mid-1980s.^[58]

Popular culture

• The Shawshank Redemption – Andy Dufresne laundered kickback money for Prison Warden Samuel Norton, then obtained it from a few Portland, ME banks after his escape.
• Office Space – Peter and his co-workers attempt to gradually steal money from the company they work for with a computer virus, but when the virus goes wrong, they believe money laundering to be the only solution.
• Mickey Blue Eyes – Michael is given paintings to sell by a crime family which was later revealed to be money laundering by the FBI when they spoke to him.
• Wall Street: Money Never Sleeps – Jake is asked by Gordon Gekko, his future father-in-law, to help him obtain his daughter Winnie's signature in order to transport over $100 million which Jake stated was laundering.
• Breaking Bad – Skyler White helps her husband, Walter, launder his meth money, doing research using this very page.^[59]

Money laundering in its literal sense

At Westin St. Francis' Hotel in San Francisco all coins are cleaned since 1938 in a special machine. This practice was introduced in order to avoid dirt on white gloves of the ladies.^[60]

See also

• Bank Secrecy Act
• Customer Identification Program
• Confiscation
• Currency Transaction Report
• Embezzlement
• Financial Action Task Force on Money Laundering
• Financial Crimes Enforcement Network
• Hawala
• Money Laundering Control Act
• Office of Foreign Assets Control
• Offshore banking
• Organized Crime
• Politically exposed person
• Shell (corporation)
• Smurfing (crime)
• Terrorist financing
• USA Patriot Act

References

1. ^ "Article 6, UN Convention against Transnational Organized Crime". United Nations. 8 January 2001. http://www.unodc.org/pdf/crime/a_res_55/res5525e.pdf. Retrieved 1 September 2011. 
2. ^ Financial Action Task Force. "Money Laundering FAQ". http://www.fatf-gafi.org/document/29/0,3746,en_32250379_32235720_33659613_1_1_1_1,00.html. Retrieved 2 March 2011. 
3. ^ ^{a b c} Reuter, Peter (2004). Chasing Dirty Money. Peterson. ISBN 978-0-88132-370-2. http://bookstore.piie.com/book-store//381.html. 
4. ^ Lawrence M. Salinger, Encyclopedia of white-collar & corporate crime: A – I, Volume 1, page 78, ISBN 0761930043, 2005.
5. ^ National Drug Intelligence Center (August 2011). "National Drug Threat Assessment". p. 40. http://www.justice.gov/ndic/pubs44/44849/44849p.pdf. Retrieved 20 September 2011. 
6. ^ ^{a b} "National Money Laundering Threat Assessment". December, 2005. p. 33. http://www.justice.gov/dea/pubs/pressrel/011106.pdf. Retrieved 3 March 2011. 
7. ^ ^{a b c} Financial Action Task Force. "Global Money Laundering and Terrorist Financing Threat Assessment". http://www.fatf-gafi.org/dataoecd/48/10/45724350.pdf. Retrieved 3 March 2011. 
8. ^ Baker, Raymond (2005). Capitalism's Achilles Heel. Wiley. 
9. ^ Financial Action Task Force. "About the FATF". http://www.fatf-gafi.org/pages/0,3417,en_32250379_32236836_1_1_1_1_1,00.html. Retrieved 20 September 2011. 
10. ^ Financial Action Task Force. "About the Non-Cooperative Countries and Territories (NCCT) Initiative". http://www.fatf-gafi.org/document/51/0,3746,en_32250379_32236992_33916403_1_1_1_1,00.html. Retrieved 20 September 2011. 
11. ^ Financial Action Task Force. "Money Laundering FAQ". http://www.fatf-gafi.org/document/29/0,3746,en_32250379_32235720_33659613_1_1_1_1,00.html. Retrieved 20 September 2011. 
12. ^ Roth, John, et al. (20 August 2004). "Monograph on Terrorist Financing". National Commission on Terrorist Attacks Upon the United States. pp. 54–56. http://govinfo.library.unt.edu/911/staff_statements/911_TerrFin_Ch4.pdf. Retrieved 20 September 2011. 
13. ^ Ball, Deborah, et al., (22 March 2011). "U.S. Banks Oppose Tighter Money Rules". Wall Street Journal. http://online.wsj.com/article/SB10001424052748704355304576214852895407540.html. Retrieved 19 September 2011. 
14. ^ Money Laundering Bulletin, Issue 154, June 2008, Dr Jackie Harvey (Newcastle Business School
15. ^ "The Lost Trail". The Economist. 20 October 2005. http://www.economist.com/node/5056338?story_id=E1_VDVGPPR. Retrieved 19 September 2011. 
16. ^ Levi, Michael and William Gilmore (2002). "Terrorist Finance, Money Laundering and the Ris of Mutual Evaluation: A New Paradigm for Crime Control?". European Journal of Law Reform 4 (2): 337–364. 
17. ^ Levi, Michael (May 2010). "Combating the Financing of Terrorism: A History and Assessment of the Control of 'Threat Finance'". British Journal of Criminology 50 (4): 650–669. 
18. ^ Bartlett, Brent (May 2002). "The Negative Effects of Money Laundering on Economic Development". Asian Development Bank. http://www.adb.org/documents/others/ogc-toolkits/anti-money-laundering/documents/money_laundering_neg_effects.pdf. Retrieved 19 September 2011. 
19. ^ The IT Law Community. "Data Protection, Money Laundering and Terrorism". http://www.scl.org/site.aspx?i=ne20971. Retrieved 23 October 2011. 
20. ^ American Civil Liberties Union. "The Surveillance Industrial Complex". http://www.aclu.org/FilesPDFs/surveillance_report.pdf. Retrieved 23 October 2011. 
21. ^ Booth, William (26 August 2010). "Mexico targets money laundering with plan to limit cash transactions". Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2010/08/26/AR2010082605355.html. Retrieved 19 September 2011. 
22. ^ Financial Action Task Force. "Member Country and Observers FAQ". http://www.fatf-gafi.org/document/5/0,3746,en_32250379_32236869_34310917_1_1_1_1,00.html. 
23. ^ Financial Action Task Force. "Mission". http://www.fatf-gafi.org/pages/0,3417,en_32250379_32236846_1_1_1_1_1,00.html. Retrieved 1 March 2011. 
24. ^ International Money Laundering Information Network. Imolin.org. Retrieved on 21 October 2011.
25. ^ World Bank Financial Market Integrity. Amlcft.org. Retrieved on 21 October 2011.
26. ^ Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. Eur-lex.europa.eu. Retrieved on 21 October 2011.
27. ^ Money Laundering. Svtuition.org (9 September 2011). Retrieved on 21 October 2011.
28. ^ "OPSI: Terrorism Act". http://www.opsi.gov.uk/acts/acts2000/ukpga_20000011_en_1. Retrieved 2009-02-14. 
29. ^ "OPSI: Anti-Terrorist Crime & Security Act". http://www.opsi.gov.uk/Acts/acts2001/ukpga_20010024_en_1. Retrieved 2009-02-14. 
30. ^ "OPSI: Proceeds of Crime Act". http://www.opsi.gov.uk/acts/acts2002/ukpga_20020029_en_1. Retrieved 2009-02-14. 
31. ^ "OPSI: Serious Organised Crime and Police Act 2005". http://www.opsi.gov.uk/acts/acts2005/ukpga_20050015_en_1. Retrieved 2009-02-14. 
32. ^ Sections 327 – 340, Proceeds of Crime Act 2002
33. ^ Section 330, Proceeds of Crime Act 2002
34. ^ ^{a b} Section 340, Proceeds of Crime Act 2002
35. ^ Section 329, Proceeds of Crime Act 2002
36. ^ Section 327, Proceeds of Crime Act 2002
37. ^ ^{a b} Section 334, Proceeds of Crime Act 2002
38. ^ "OPSI: Money Laundering Regulations 2003". http://www.opsi.gov.uk/si/si2003/20033075.htm. Retrieved 2009-02-14. 
39. ^ ^{a b} "OPSI: Money Laundering Regulations 2007". http://www.opsi.gov.uk/si/si2007/uksi_20072157_en_1. Retrieved 2009-02-14. 
40. ^ Section 333A, Proceeds of Crime Act 2002
41. ^ "Joint Money Laundering Steering Group". http://www.jmlsg.org.uk/bba/jsp/polopoly.jsp;jsessionid=aH1DPtXgUly-?d=749. Retrieved 2009-02-14. 
42. ^ "Law Society AML Guidance". http://www.lawsociety.org.uk/newsandevents/news/majorcampaigns/view=newsarticle.law?CAMPAIGNSID=217590. Retrieved 2009-02-14. 
43. ^ Section 340(2), Proceeds of Crime Act 2002
44. ^ David Winch, "Money Laundering Law Changes" (2006)
45. ^ ^{a b c} 'The Suspicious Activity Reports Regime Annual Report 2010 published by SOCA
46. ^ FinCEN. "Bank Secrecy Act". http://www.fincen.gov/statutes_regs/bsa/. Retrieved 2 March 2011. 
47. ^ FinCEN Mission. "FinCEN mission". http://www.fincen.gov/about_fincen/wwd/mission.html. Retrieved 2 March 2011. 
48. ^ Roth, John; Douglas Greenburg and Serena Willie (2004). Monograph on Terrorist Financing. pp. 54–56. http://govinfo.library.unt.edu/911/staff_statements/911_TerrFin_Monograph.pdf. Retrieved 2 March 2011. 
49. ^ Joseph, Lester; John Roth (September 2007). "Criminal Prosecution of Banks Under the Bank Secrecy Act". United States Attorneys' Bulletin. http://www.justice.gov/usao/eousa/foia_reading_room/usab5505.pdf. Retrieved 2 March 2011. 
50. ^ "SEC resources". http://www.sec.gov/about/offices/ocie/amlsourcetool.htm#8. Retrieved 2 March 2011. 
51. ^ "IRS web site regarding Form 8300". http://www.irs.gov/businesses/small/article/0,,id=148857,00.html. Retrieved 2 March 2011. 
52. ^ "Informal Value Transfer Systems", Financial Crimes Enforcement Network, 1 September 2010
53. ^ ^{a b} Cassella, Stefan (September 2007). "Money Laundering Laws". United States Attorneys' Bulletin: 21–34. http://www.justice.gov/usao/eousa/foia_reading_room/usab5505.pdf. Retrieved 2 March 2011. 
54. ^ "US Sentencing Commission Date, 2009". 2009. http://www.ussc.gov/Data_and_Statistics/Federal_Sentencing_Statistics/State_District_Circuit/2009/1c09.pdf. Retrieved 2 March 2011. 
55. ^ O'Brien, Timothy L. (9 November 2005). "Bank of New York Settles Money Laundering Case". New York Times. http://www.nytimes.com/2005/11/09/business/09bank.html. Retrieved 3 March 2011. 
56. ^ Hitt, Jack (10 December 2000). "The Billion Dollar Shack". The New York Times. http://www.nytimes.com/2000/12/10/magazine/the-billion-dollar-shack.html. Retrieved 3 March 2011. 
57. ^ "Sani Abacha". Asset Recovery Knowledge Center. http://www.assetrecovery.org/kc/node/52f770df-a33e-11dc-bf1b-335d0754ba85.0;jsessionid=741FC522C872AFE4D5D201D4EEBB472F. Retrieved 3 March 2011. 
58. ^ "BCCI's Criminality". Globalsecurity.org. http://www.globalsecurity.org/intell/library/congress/1992_rpt/bcci/04crime.htm. Retrieved 3 March 2011. 
59. ^ "Breaking Bad – Half Measures". June 2010. http://tv.yahoo.com/breaking-bad/show/half-measures/episode/240414/recap. Retrieved 8 August 2011. 
60. ^ Coin washer keeps Westin St. Francis' change shiny. San Francisco Chronicle (27 December 2010). Retrieved on 21 October 2011.

• Anti money laundering software and methods

External links

• Money laundering at the Open Directory Project
• UNODC – United Nations Office on Drugs and Crime – on money-laundering and countering the financing of terrorism
• Financial Market Integrity Unit, The World Bank
• US Department of State International Narcotics Control Strategy Report (INCSR), annual report issued in March every year. Essential reading for all compliance officers for evaluating country money laundering risk