III.Money Laundering in A Changed World

If you shop with a major bank, chances are that all the

transactions in your account are scrutinized by AML (Anti

Money Laundering) software. Billions of dollars are being

invested in these applications. They are supposed to track

suspicious transfers, deposits, and withdrawals based on

overall statistical patterns. Bank directors, exposed, under

the Patriot Act, to personal liability for money laundering

in their establishments, swear by it as a legal shield and

the holy grail of the on-going war against financial crime

and the finances of terrorism.

Quoted in Wired.com, Neil Katkov of Celent

Communications, pegs future investments in compliance-

related activities and products by American banks alone at

close to $15 billion in the next 3 years (2005-2008). The

United State's Treasury Department's Financial Crimes

Enforcement Network (finCEN) received c. 15 million

reports in each of the years 2003 and 2004.

But this is a drop in the seething ocean of illicit financial

transactions, sometimes egged on and abetted even by the

very Western governments ostensibly dead set against

them.

Israel has always turned a blind eye to the origin of funds

deposited by Jews from South Africa to Russia. In Britain

it is perfectly legal to hide the true ownership of a

company. Underpaid Asian bank clerks on immigrant

work permits in the Gulf states rarely require identity

documents from the mysterious and well-connected

owners of multi-million dollar deposits.

Hawaladars continue plying their paperless and trust-

based trade - the transfer of billions of US dollars around

the world. American and Swiss banks collaborate with

dubious correspondent banks in off shore centres.

Multinationals shift money through tax free territories in

what is euphemistically known as "tax planning". Internet

gambling outfits and casinos serve as fronts for narco-

dollars. British Bureaux de Change launder up to 2.6

billion British pounds annually.

The 500 Euro note makes it much easier to smuggle cash

out of Europe. A French parliamentary committee accused

the City of London of being a money laundering haven in

a 400 page report. Intelligence services cover the tracks of

covert operations by opening accounts in obscure tax

havens, from Cyprus to Nauru. Money laundering, its

venues and techniques, are an integral part of the

economic fabric of the world. Business as usual?

Not really. In retrospect, as far as money laundering goes,

September 11 may be perceived as a watershed as

important as the precipitous collapse of communism in

1989. Both events have forever altered the patterns of the

global flows of illicit capital.

What is Money Laundering?

Strictly speaking, money laundering is the age-old process

of disguising the illegal origin and criminal nature of

funds (obtained in sanctions-busting arms sales,

smuggling, trafficking in humans, organized crime, drug

trafficking, prostitution rings, embezzlement, insider

trading, bribery, and computer fraud) by moving them

untraceably and investing them in legitimate businesses,

securities, or bank deposits. But this narrow definition

masks the fact that the bulk of money laundered is the

result of tax evasion, tax avoidance, and outright tax

fraud, such as the "VAT carousel scheme" in the EU

(moving goods among businesses in various jurisdictions

to capitalize on differences in VAT rates). Tax-related

laundering nets between 10-20 billion US dollars annually

from France and Russia alone. The confluence of criminal

and tax averse funds in money laundering networks serves

to obscure the sources of both.

The Scale of the Problem

According to a 1996 IMF estimate, money laundered

annually amounts to 2-5% of world GDP (between 800

billion and 2 trillion US dollars in today's terms). The

lower figure is considerably larger than an average

European economy, such as Spain's.

The System

It is important to realize that money laundering takes

place within the banking system. Big amounts of cash are

spread among numerous accounts (sometimes in free

economic zones, financial off shore centers, and tax

havens), converted to bearer financial instruments (money

orders, bonds), or placed with trusts and charities. The

money is then transferred to other locations, sometimes as

bogus payments for "goods and services" against fake or

inflated invoices issued by holding companies owned by

lawyers or accountants on behalf of unnamed

beneficiaries. The transferred funds are re-assembled in

their destination and often "shipped" back to the point of

origin under a new identity. The laundered funds are then

invested in the legitimate economy. It is a simple

procedure - yet an effective one. It results in either no

paper trail - or too much of it. The accounts are invariably

liquidated and all traces erased.

Why is It a Problem?

Criminal and tax evading funds are idle and non-

productive. Their injection, however surreptitiously, into

the economy transforms them into a productive (and

cheap) source of capital. Why is this negative?

Because it corrupts government officials, banks and their

officers, contaminates legal sectors of the economy,

crowds out legitimate and foreign capital, makes money

supply unpredictable and uncontrollable, and increases

cross-border capital movements, thereby enhancing the

volatility of exchange rates.

A multilateral, co-ordinated, effort (exchange of

information, uniform laws, extra-territorial legal powers)

is required to counter the international dimensions of

money laundering. Many countries opt in because money

laundering has also become a domestic political and

economic concern. The United Nations, the Bank for

International Settlements, the OECD's FATF (Financial

Action Task Force), the EU, the Council of Europe, the

Organisation of American States, all published anti-

money laundering standards. Regional groupings were

formed (or are being established) in the Caribbean, Asia,

Europe, southern Africa, western Africa, and Latin

America.

Money Laundering in the Wake of the September 11

Attacks

Regulation

The least important trend is the tightening of financial

regulations and the establishment or enhancement of

compulsory (as opposed to industry or voluntary)

regulatory and enforcement agencies.

New legislation in the US which amounts to extending the

powers of the CIA domestically and of the DOJ extra-

territorially, was rather xenophobically described by a

DOJ official, Michael Chertoff, as intended to "make sure

the American banking system does not become a haven

for foreign corrupt leaders or other kinds of foreign

organized criminals".

Privacy and bank secrecy laws have been watered down.

Collaboration with off shore "shell" banks has been

banned. Business with clients of correspondent banks was

curtailed. Banks were effectively transformed into law

enforcement agencies, responsible to verify both the

identities of their (foreign) clients and the source and

origin of their funds. Cash transactions were partly

criminalized. And the securities and currency trading

industry, insurance companies, and money transfer

services are subjected to growing scrutiny as a conduit for

"dirty cash".

Still, such legislation is highly ineffective. The American

Bankers' Association puts the cost of compliance with the

laxer anti-money-laundering laws in force in 1998 at 10

billion US dollars - or more than 10 million US dollars per

obtained conviction. Even when the system does work,

critical alerts drown in the torrent of reports mandated by

the regulations. One bank actually reported a suspicious

transaction in the account of one of the September 11

hijackers - only to be ignored.

The Treasury Department established Operation Green

Quest, an investigative team charged with monitoring

charities, NGO's, credit card fraud, cash smuggling,

counterfeiting, and the Hawala networks. This is not

without precedent. Previous teams tackled drug money,

the biggest money laundering venue ever, BCCI (Bank of

Credit and Commerce International), and ... Al Capone.

The more veteran, New-York based, El-Dorado anti

money laundering Task Force (established in 1992) will

lend a hand and share information.

More than 150 countries promised to co-operate with the

US in its fight against the financing of terrorism - 81 of

which (including the Bahamas, Argentina, Kuwait,

Indonesia, Pakistan, Switzerland, and the EU) actually

froze assets of suspicious individuals, suspected charities,

and dubious firms, or passed new anti money laundering

laws and stricter regulations (the Philippines, the UK,

Germany).

A EU directive now forces lawyers to disclose

incriminating information about their clients' money

laundering activities. Pakistan initiated a "loyalty

scheme", awarding expatriates who prefer official bank

channels to the much maligned (but cheaper and more

efficient) Hawala, with extra baggage allowance and

special treatment in airports.

The magnitude of this international collaboration is

unprecedented. But this burst of solidarity may yet fade.

China, for instance, refuses to chime in. As a result, the

statement issued by APEC in November 2001 on

measures to stem the finances of terrorism was lukewarm

at best. And, protestations of close collaboration to the

contrary, Saudi Arabia has done nothing to combat money

laundering "Islamic charities" (of which it is proud) on its

territory.

Still, a universal code is emerging, based on the work of

the OECD's FATF (Financial Action Task Force) since

1989 (its famous "40 recommendations") and on the

relevant UN conventions. All countries are expected by

the West, on pain of possible sanctions, to adopt a

uniform legal platform (including reporting on suspicious

transactions and freezing assets) and to apply it to all

types of financial intermediaries, not only to banks. This

is likely to result in...

The Decline of off Shore Financial Centres and Tax

Havens

By far the most important outcome of this new-fangled

juridical homogeneity is the acceleration of the decline of

off shore financial and banking centres and tax havens.

The distinction between off-shore and on-shore will

vanish. Of the FATF's "name and shame" blacklist of 19

"black holes" (poorly regulated territories, including

Israel, Indonesia, and Russia) - 11 have substantially

revamped their banking laws and financial regulators.

Coupled with the tightening of US, UK, and EU laws and

the wider interpretation of money laundering to include

political corruption, bribery, and embezzlement - this

would make life a lot more difficult for venal politicians

and major tax evaders. The likes of Sani Abacha (late

President of Nigeria), Ferdinand Marcos (late President of

the Philippines), Vladimiro Montesinos (former, now

standing trial, chief of the intelligence services of Peru),

or Raul Salinas (the brother of Mexico's President) -

would have found it impossible to loot their countries to

the same disgraceful extent in today's financial

environment. And Osama bin Laden would not have been

able to wire funds to US accounts from the Sudanese Al

Shamal Bank, the "correspondent" of 33 American banks.

Quo Vadis, Money Laundering?

Crime is resilient and fast adapting to new realities.

Organized crime is in the process of establishing an

alternative banking system, only tangentially connected to

the West's, in the fringes, and by proxy. This is done by

purchasing defunct banks or banking licences in territories

with lax regulation, cash economies, corrupt politicians,

no tax collection, but reasonable infrastructure.

The countries of Eastern Europe - Yugoslavia

(Montenegro and Serbia), Macedonia, Ukraine, Moldova,

Belarus, Albania, to mention a few - are natural targets. In

some cases, organized crime is so all-pervasive and local

politicians so corrupt that the distinction between criminal

and politician is spurious.

Gradually, money laundering rings move their operations

to these new, accommodating territories. The laundered

funds are used to purchase assets in intentionally botched

privatizations, real estate, existing businesses, and to

finance trading operations. The wasteland that is Eastern

Europe craves private capital and no questions are asked

by investor and recipient alike.

The next frontier is cyberspace. Internet banking, Internet

gambling, day trading, foreign exchange cyber

transactions, e-cash, e-commerce, fictitious invoicing of

the launderer's genuine credit cards - hold the promise of

the future. Impossible to track and monitor, ex-territorial,

totally digital, amenable to identity theft and fake

identities - this is the ideal vehicle for money launderers.

This nascent platform is way too small to accommodate

the enormous amounts of cash laundered daily - but in ten

years time, it may. The problem is likely to be

exacerbated by the introduction of smart cards, electronic

purses, and payment-enabled mobile phones.

In its "Report on Money Laundering Typologies"

(February 2001) the FATF was able to document concrete

and suspected abuses of online banking, Internet casinos,

and web-based financial services. It is difficult to identify

a customer and to get to know it in cyberspace, was the

alarming conclusion. It is equally complicated to establish

jurisdiction.

Many capable professionals - stockbrokers, lawyers,

accountants, traders, insurance brokers, real estate agents,

sellers of high value items such as gold, diamonds, and art

- are employed or co-opted by money laundering

operations. Money launderers are likely to make increased

use of global, around the clock, trading in foreign

currencies and derivatives. These provide instantaneous

transfer of funds and no audit trail.

The underlying securities involved are susceptible to

market manipulation and fraud. Complex insurance

policies (with the "wrong" beneficiaries), and the

securitization of receivables, leasing contracts, mortgages,

and low grade bonds are already used in money

laundering schemes. In general, money laundering goes

well with risk arbitraging financial instruments.

Trust-based, globe-spanning, money transfer systems

based on authentication codes and generations of

commercial relationships cemented in honour and blood -

are another wave of the future. The Hawala and Chinese

networks in Asia, the Black Market Peso Exchange

(BMPE) in Latin America, other evolving courier systems

in Eastern Europe (mainly in Russia, Ukraine, and

Albania) and in Western Europe (mainly in France and

Spain).

In conjunction with encrypted e-mail and web

anonymizers, these networks are virtually impenetrable.

As emigration increases, diasporas established, and

transport and telecommunications become ubiquitous,

"ethnic banking" along the tradition of the Lombards and

the Jews in medieval Europe may become the the

preferred venue of money laundering. September 11 may

have retarded world civilization in more than one way.

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