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Old news 2006
This page contains news stories from
2006.
News from October - December
2006
News from July - September
2006
News from April - June 2006
News from January - March 2006
Corporation of London publishes research into EU AML
implementation -
21 December 2006
The Corporation of London has published a report by the
British Institute of International and Comparative Law (BIICL)
which examines the comparative implementation of the EU
Second Money Laundering Directive. The report
examines the way in which the Directive has been
implemented in the United Kingdom, Spain, Italy, Greece,
Poland and Lithuania and the arrangements for monitoring
and enforcing compliance with the legislation. It is
hoped that the findings of the report will help to
identify the changes that will be required to implement
the Third Money Laundering Directive by December 2007.
To download the 105-page report,
click here.
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Thailand agrees to tighten AML measures -
13 December 2006
Thai authorities have agreed measures to tighten money
laundering controls by requiring financial institutions to
monitor cash deposits by certain groups of people with
overseas bank accounts. Deputy Prime Minister
Pridiyathorn Devakula, who also serves as Minister of
Finance, presided over a meeting of the Anti-Money
Laundering Office (AMLO), and reported that Thai financial
institutions will be required to monitor closely the
financial circumstances of certain groups of people, such
as politicians, high-ranking government officials and
traders in antiques and gold. Exact specifics about
which groups of people will be covered will be issued at a
later date.
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Dutch airline executives convicted for money
laundering -
7 December 2006
A court in Rotterdam has sentenced the former top
executives of a Dutch airline to prison sentences for
laundering criminal money through their struggling
airline. The airline, Air Holland, flew to several
Caribbean destinations but went bankrupt in March 2004.
The court heard that two brothers, identified only as Piet
G and Iwan G, invested drug money in the airline.
Piet was sentenced to a year in prison, but is already
serving five years for cocaine smuggling. Iwan is
currently serving an eight-year sentence in Brazil for
attempting to smuggle 50,000 Ecstasy pills.
The court found that Chief Financial Officer Paul
Gruythuysen had been the financial brain behind a criminal
gang that laundered as much as €35 million [about £24
million] of drug proceeds theough the airline; he was given
a three-year sentence. He personally delivered large
sums of cash to contacts in Europe, including a diplomat
from the Dominican Republic. The UK authorities have
seized €6 million [about £4 million] in cash from the
diplomat, but he claimed diplomatic immunity and has not
been prosecuted. Air Holland's former chief executive,
Cees van Dormael, who joined the company when it was already
in financial trouble in 2001, was found not to have been
part of the criminal ring but was judged to have been
aware of its existence and was jailed for 18 months.
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China uncovers largest-ever laundering scheme -
2 December 2006
Shanghai authorities have uncovered a five billion yuan
[about £315 million] money laundering scheme - the largest
ever in the country's history. The case was exposed
accidentally in a probe by the central bank into falsified
business registrations. Details are still scarce,
but it appears that the scheme involves "underground"
banks, or illegal private businesses offering remittance,
foreign exchange and other banking services.
Money laundering has been gathering headlines in China.
In 2003 the central bank was given the power to handle
anti-money laundering investigations, and in October 2006
the authorities passed the country's first anti-money
laundering law, which expanded the definition of money
laundering to include bribery, and gave the central bank
greater power in investigations. China is also
applying to join the Financial Action Task Force.
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Chinese university launches money laundering studies
centre - 28 November 2006
Fudan University in Beijing has unveiled the China
Anti-money Laundering Monitoring and Analysis Centre - the
first of its kind in China. Created within the
university's school of economics, the Centre will invite
economic, financial and legal experts to identify the latest
money laundering methods and developments. Research
will be commissioned on how to prevent money laundering, and
the findings will be submitted to the People's Bank of China
(PBC) and other governmental bodies for reference. PBC
employees will also attend money laundering awareness
training at the Centre in 2007. "Money laundering has
been proved to be an emerging challenge for the whole world,
while China lags behind Western countries in anti-money
laundering experience and legislation," said Liu Liange,
director of the PBC's money laundering bureau. The
Centre aims to provide the professional AML training that is
currently lacking in China. "If law enforcement
officials aren't equipped with the latest money laundering
tactics, how can they identify and crack down on illegal
money from smuggling, bribery and even terrorism," said Yan
Lixin, the Centre's secretary-general.
China passed its first AML legislation at the end of
November, ruling that financial institutions can be fined up
to five million yuan [about £325,000] if their malpractice
allows money laundering. Financial institutions will
also be required to report cash transactions worth more than
200,000 yuan [£13,000] to the central bank, once the law
comes into force in January 2007.
China has also applied for membership of the Financial
Action Task Force. It will put its case for joining to
the FATF at its plenary meeting in June 2007, and the
existing member states will then vote on whether China can
join.
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Canadian pleads guilty to large-scale laundering - 16 November 2006
Following on from a story published on 23 January 2006
(see below),
Canadian Martin Tremblay has pleaded guilty in New York to
agreeing to use his Bahamas investment firm to hide the
proceeds of drug trafficking. He initially pleaded
not guilty to charges of money laundering when he appeared
in a Manhattan court and was charged in January. The
offence to which he has now pleaded guilty carries a
maximum prison sentence of 20 years and a maximum fine of
USD 500,000. Apparently lawyers for both sides have
agreed that a sentence of 70-87 months (about five years)
would be appropriate, but the final decision lies with the
judge, who is due to pass sentence on 13 February 2007.
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Big win for Assets Recovery Agency - 21 November 2006
The UK's Assets Recovery Agency (ARA) has been granted
orders in the High Court in London freezing GBP 1,579,127
worth of property. The property, which ARA alleges
has been funded by money laundering, fuel smuggling and
mortgage fraud, includes nine residential properties in
Manchester belonging to Francis and Judy Murphy of
Ballybinaby, County Louth, Eire, and one property
belonging to Julian Dowe of Manchester. The ARA
application alleges that the Murphys built their property
portfolio on wealth derived from money laundering and fuel
smuggling in Ireland. With regard to Dowe, ARA
alleges that he obtained his home in Manchester through
mortgage fraud.
This action follows searches made throughout the
Manchester area in October 2005 in which ARA seized more
than 350,000 records. Since then the Agency has
executed a large scale forensic exercise, carrying out
further searches and a number of interviews in the
Manchester area.
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Cali cartel founders plead guilty to money
laundering - 16 November 2006
Gilberto and Miguel Rodriguez Orejuela, co-founders of
the once-dominant Cali cartel, have pleaded guilty to
drug-related money laundering charges in a Miami court.
In September, the brothers agreed to plead guilty to
conspiring to smuggle more than 200 tons of cocaine into
the US during the past decade. They were once
responsible for an estimated 80% of all the cocaine sold
in the US, and they laundered millions of dollars through
family-controlled businesses, including a Colombian
pharmacy chain. Between about March 2002 and January
2003, they transferred about USD 1.5 million in funds
controlled by their pharmacy companies through bank
accounts in New York. The two men were sentenced to
more than seven years' imprisonment for money laundering;
these sentences will run concurrently with their sentences
of 30 years for cocaine trafficking.
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Australia finally decides on new money laundering
legislation - 15 November 2006
New money laundering legislation has been introduced
into the Australian parliament. The aim of the
Anti-Money Laundering and Counter-Terrorism Financing Bill
2006 is to bring Australia into line with international
best practice to deter money laundering and terrorism
financing (following a poor report from the FATF).
The date of royal assent is expected to be 1 January 2007,
on which date certain parts of the bill will come into
effect. Further parts will come into effect 6, 12
and 24 months after that, "to reflect the complexity of,
and resources required for, each part of the Bill".
The timetable is as follows:
 | 1 January 2007 - records of transactions, records of
funds transfer instructions and various administrative
parts |
 | 1 July 2007 - reporting obligations of reporting
entities, correspondent banking and certain record-keeping
requirements |
 | 1 January 2008 - identification procedures, AML/CTF
programs and other record-keeping requirements |
 | 1 January 2009 - other identification procedures and
reporting obligations of reporting entities. |
There will be a prosecution-free period of 12 months from
the date a section becomes active, provided that the
business is making best endeavours to comply.
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Kenya to discuss new money laundering legislation
- 11 November 2006
The Kenyan government is to submit a new money
laundering law to parliament for its first reading.
The Proceeds of Crime and
Anti-Money Laundering Bill, 2006 creates the offence of
money laundering, and proposes measures for the
identification, tracing, freezing, seizure and
confiscation of the proceeds of crime. The Bill
provides for the establishment of three agencies: a
Financial Reporting Centre (to receive reports,
disseminate information to investigating authorities and
other bodies and ensure compliance with international AML
standards); an Anti-Money Laundering Advisory Committee;
and an Assets Recovery Agency (a semi-autonomous body
under the Attorney-General’s Office to undertake the
recovery of criminal proceeds). The provision of
mutual legal assistance between Kenya and other countries
in the investigation of offences or enforcement of orders
is also defined by the Bill.
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Scottish MP's son to stand trial for money
laundering - 8 November 2006
Following charges brought against him in April this
year,
Athif Sanwar, the son of Labour MP for Govan, Mohammed
Sarwar, has been scheduled to stand trial for money
laundering. His trial is to begin in the week of 16
April 2007, and is expected to last for about six weeks.
Athif Sarwar is managing director of
a company called United Wholesale (Scotland) Limited, and he faces
laundering charges with his colleague Mansoor Khan.
The two men are accused of laundering almost £850,000
through the business, by receiving £845,138 from six
companies into their business account and then transferring
£564,698 to a person or persons presently unknown and
£280,440 to an account in the name of C4Less, both transfers
being in contravention of the Proceeds of Crime Act 2002.
Both men have pleaded not guilty.
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Corruption Perceptions Index 2006 published - 6 November 2006
Transparency International, the global anti-corruption
agency, has published its Corruption Perceptions Index
2006. The index is a composite index that draws on
multiple expert opinion surveys that poll perceptions of
public sector corruption in 163 countries around the
world. The 2006 index points to a strong correlation
between corruption and poverty, with a concentration of
impoverished states at the bottom of the ranking.
“Corruption traps millions in poverty,” said Transparency
International Chair Huguette Labelle. “Despite a
decade of progress in establishing anti-corruption laws
and regulations, today’s results indicate that much
remains to be done before we see meaningful improvements
in the lives of the world’s poorest citizens.”
The least corrupt countries in the world are perceived to
be Finland, Iceland and New Zealand. At the other end
of the scale, the most corrupt are perceived to be Haiti,
Myanmar, Iraq and Guinea. The UK maintains its ranking
at position 11, while the US drops from position 17 last
year to position 20 this year.
Click here to download the full Corruption Perceptions
Index 2006.
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FATF publishes two new reports - 2 November 2006
The Financial Action Task Force has published two more
reports in its series on areas of money laundering
concern. The first report is on the misuse of
corporate vehicles (such as corporations, trusts,
foundations and limited liability partnerships) -
click here to download this 71-page report. The
second report is on new payment technologies (such as
prepaid cards, Internet payment systems, mobile payments
and digital precious metals) -
click here to download this 44-page report.
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Gibraltar issues consultation paper on guidance
notes - 1 November 2006
The Financial Services Commission in Gibraltar has
issued a consultation paper on revisions to its AML/CFT
Guidance Notes. Draft revised Guidance Notes
have also been published. Comments should be
submitted to the FSC by 31 January 2007.
To download the 18-page consultation paper,
click here. And to download the 118-page draft
revised Guidance Notes,
click here.
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China approves new AML legislation - 1 November 2006
Updated anti-money laundering legislation has been
approved by the Standing Committee of the National People's
Congress and will come into effect on 1 January 2007.
The new legislation extends the list of predicate crimes for
money laundering to include corruption and bribe taking,
violating financial management regulations and financial
fraud. (Previously, the law recognised only drug
trafficking, organised crime, terrorist activities and
smuggling as predicate crimes.) The law also requires
financial (and some non-financial) institutions to maintain
customer and transaction records and to report large and
suspect transactions. The People's Bank of China (the
central bank) and its provincial branch offices are
authorised to investigate suspicious transactions.
Finally, the law enables China to step up co-operation with
other countries to combat global money laundering and to
exchange information with overseas anti-money laundering
organisations. Zhang Hongwei, director of the
anti-money laundering department of the Ministry of Public
Security, said the law would facilitate closer co-operation
between police departments and financial institutions.
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UK financial adviser jailed for theft and money
laundering - 30 October 2006
Philip Smith, a financial adviser from Manchester, has
been jailed for nine years for stealing almost £2 million
from his clients. He targeted the elderly and
vulnerable, and conned at least fifty victims (including
his own brother) out of the money, which he spent mostly
on Internet gambling. Smith admitted 49 counts of
theft, five of money laundering, two of false accounting
and three of forgery. The court heard that he sent
the money to offshore bank accounts and lived a lavish
lifestyle on the proceeds of his crimes. Handing
down a sentence of nine years, Judge Peter Lakin called
Smith a "callous, manipulative and thoroughly dishonest
man" who conducted "dishonesty on a truly breathtaking
scale".
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David Mills to face corruption charges in Italy -
30 October 2006
British lawyer David Mills (the estranged husband of
Culture Secretary Tessa Jowell) is to face corruption
charges in an Italian court, alongside Italian ex-Prime
Minister Silvio Berlusconi. A judge in Milan has
ruled that enough evidence exists for a trial concerning a
£325,000 payment to Mr Mills, allegedly paid in exchange
for favourable court evidence. Mills and Berlusconi
are already scheduled to appear in court in Italy in
November to face charges of tax evasion and embezzlement.
Mills denies all charges.
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UK four jailed for a total of 57 years for tax fraud
and money laundering - 28 October 2006
Four men have been jailed in the UK for
a total of 57 years for running an elaborate VAT (Value
Added Tax) fraud that cheated the authorities of £10
million. The scheme involved a Scottish company
called Virgini Limited making false VAT claims for mobile
phones that were supposedly being imported into the UK and
exported to Ukraine – but the was no evidence that the
phones ever existed.
Durgesh Mehta, the company's director, was
jailed for a total of 33 years after being convicted of
cheating the public revenue, money laundering and conspiracy
to transfer criminal property under the Proceeds of Crime
Act 2002. His sentences will run concurrently.
His three accomplices – Gerald Reardon, Matthew Sharman and
Peter Ratcliff – each received eight-year prison sentences
for laundering the proceeds through offshore companies,
primarily one called Gazelle Corporation Limited, controlled
by Reardon. All four men were disqualified from being
company directors for 10 years.
The scheme was exposed when Reardon asked
a security company to deliver bundles of cash adding up to
more than £2 million to his home and to a disused airfield
in Kent. The security company reported this to HM
Revenues and Customs, who swooped when the next delivery was
made to Reardon's office in south London and seized just
under £1 million. When officers seized containers at
Southampton docks said to hold phones, they found that they
contained worthless furniture. Judge Adele Williams,
sentencing the gang at Canterbury Crown Court, said: "The
sheer extent of the lies and dishonesty involved was
breathtaking."
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Further arrests in largest-ever Australian
laundering investigation - 28 October 2006
In a follow-up to the case reported below on 10
October, 57 people have now been charged in Australia with
the alleged laundering of AUS$93 million [£37.6 million]
and with drug and other offences. Following a
17-month investigation, Task Force Gordian launched raids
in Sydney and Melbourne and - as well as the arrests -
seized about AUS$30 million worth of drugs, five guns,
nine vehicles, and more than AUS$2 million in cash.
Task Force Gordian was established by the Australian
Crime Commission in March 2005 to investigate the money
laundering activities of several crime syndicates with links
to countries including Cambodia, Vietnam and Hong Kong.
The task force includes Australian Federal Police (AFP),
Victoria and NSW Police, NSW Crime Commission, Australian
Taxation Office, Australian Customs Service and AUSTRAC (the
Australian FIU). Their investigations uncovered one
alleged principal money laundering syndicate operating out
of four money transfer businesses in Sydney and Melbourne,
and used by criminals to send their money overseas and so
legitimise their income. This is the largest ever
prosecution of money laundering in Australian history.
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Russian authorities receive 7,000 money laundering
reports this year - 26 October 2006
The Russian Interior Ministry has
confirmed that over 7,000 crimes related to money
laundering have been registered since the beginning of the
current year, with 31% involving the financial sector and
20% the consumer market. The figures were revealed
at a meeting of law enforcement agencies and state bodies,
who were meeting to discuss ways to improve interaction
between them. Deputy Interior Minister Andrei
Novikov also said that up to 300 billion roubles [about £6
billion] are laundered annually in Russia, and that the
Russian Interior Ministry has opened over 60 criminal
investigations into money laundering this year.
According to Interior Ministry
officials, much work is being done to expose illegal
financial transactions, and 49 commercial banks have had
their licences revoked this year. Novikov warned that
the number of money laundering crimes increased by 350% in
2005; 6,400 criminal cases were taken to court, and the sums
involved totalled 163.7 billion roubles. Notably,
Novikov stressed that "22 criminal cases have been opened
against the heads of commercial banks that laundered money
to the tune of over 130 billion roubles”.
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Dutch tycoon arrives in the Netherlands to take part
in laundering investigation - 23 October 2006
John Deuss, a Dutch oil tycoon wanted for questioning
about money laundering and other illegal activities, has
arrived in the Netherlands and should appear in court
soon. Deuss was once considered one of the world's
most important independent oil traders; he supplied the
South African apartheid government with oil in the 1980s
and traded in Russian oil both before and after the
collapse of the Soviet Union.
Deuss has lived in Bermuda for thirty years, and owns
First Curaçao International Bank, which is currently being
investigated for money laundering by regulators in the
Netherlands and in Curaçao. An arrest warrant was
issued for Deuss by the Dutch authorities, who were
seeking his extradition for questioning about alleged
handling of stolen property, money laundering and
belonging to a criminal organisation. He was
arrested in Bermuda and then released on US$10 million
bail. Deuss's legal team says that he is innocent
and that he has now gone voluntarily to the Netherlands to
take part in the investigation.
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New Zealand government releases AML regime update
proposals - 18 October 2006
The New Zealand government has released the final part of
a proposed framework to update its approach to tackling
money laundering and financial terrorism. Associate
Justice Minister, Clayton Cosgrove, said "Our
aim is to minimise costs by using existing regulatory
arrangements rather than creating a new agency to carry
out this vital work. For example it is proposed that
the Reserve Bank, the Securities Commission and the
Department of Internal Affairs supervise the businesses
they already regulate for other purposes."
Banks and casinos will be the first to be covered by the
new requirements, followed by lawyers, accountants, real
estate agents and jewellers within two years.
Further work is proposed to extend requirements to
trust and company service providers,
who are not currently regulated.
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US authorities crack sophisticated Black Market Peso
Exchange - 18 October 2006
A joint investigation conducted by the FBI, the Drug
Enforcement Administration and the New York Police
Department has cracked an international money laundering
ring and arrested 26 people in Colombia, Florida and New
York. The authorities also seized more than US$10
million [£5.35 million] in drug money and US$6.5 million
of drugs.
The laundering scheme was a Black Market Peso Exchange,
involving "peso brokers" who acted as middle men between
drug traffickers, who wanted to launder drug profits, and
Colombian companies and individuals, who wanted to buy US
dollars but avoid paying Colombian taxes, import duties and
transaction fees. For example, one of the Colombian
brokers transferred drug money to scrap yard owner in New
York State, and he would then use US dollars to ship truck
parts to Venezuela and Colombia, where the good were sold
for pesos. The pesos from those sales would be sent
back to the broker.
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FATF de-lists Myanmar, welcomes Republic of Korea,
completes evaluations - 16 October 2006
In a statement issued after its recent plenary meeting in
Vancouver, the Financial Action Task Force (FATF) has
removed Myanmar from its list of Non-Cooperative Countries
and Territories. This means that the NCCT list is now
empty. According to the statement, "the
FATF has determined that Myanmar has made good progress in
implementing its anti-money laundering system. The FATF
will continue to monitor Myanmar during the coming year to
ensure it makes further progress. In particular the FATF
has advised Myanmar to enhance regulation of the financial
sector, including the securities industry, and to ensure
that dealers in precious metals and precious stones follow
anti-money laundering requirements." This follows an
FATF visit to Myanmar in late September.
The Republic of Korea has been welcomed by the FATF as an
observer - the first rung on the ladder to membership
status.
And the FATF has completed AML/CFT evaluations of
Portugal and Iceland - the evaluation reports will be
published on the FATF website in the coming weeks.
Also due to appear on the FATF website are two new reports:
one on new payment technologies, and the other on corporate
vehicles.
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Vietnam Airlines implicated in Australian money
laundering investigation - 10 October 2006
The operators of four alleged money laundering outlets
based in Melbourne and Sydney in Australia have been
accused of enlisting international pilots and flight crews
to carry more than AUS$10 million [more than £4 million]
to criminals in Vietnam over the past year. Tuong
Hoang Manh, a chief pilot with Vietnam Airlines, was
arrested in Sydney in June after he was found to be
carrying almost AUS$500,000 out of the country. He
had just left one of four money transfer businesses
central to a family-operated money laundering conspiracy.
Two alleged members of the businesses, Hang Thanh Huynh
and her brother Phat Ba Huynh, have now appeared in court
and been bailed on strict conditions pending completion of
investigations. The Huynhs will appear in court
again in July 2007.
A two-year joint operation involving the Australian Crime
Commission, federal police and Victoria and NSW police has
targeted the overseas transfer of huge sums of money
suspected of being the proceeds of crime. Nine members
of Vietnamese communities in Sydney and Melbourne have now
been arrested.
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Nigerian government requires banks to install AML
software - 9 October 2006
The Nigerian Economic and Financial
Crimes Commission (EFCC) has given all Nigerian financial
institutions until the end of October to install
anti-money laundering software. Those affected
include banks, insurance companies, "micro finance
institutions" and finance houses. The software is
designed to help financial institutions to spot suspicious
financial activities, record suspicious transactions in a
timely manner and report those transactions to the
regulators. Osita Nwajah, Head of Media Affairs at
the EFCC, said, "We have had training sessions with banks
and other financial institutions on the anti-money
laundering war and the need to do everything to money
laundering. We are determined to stop money
laundering in this country and we expect financial
institutions to cooperate with us."
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Senate committee calls for Canadian AML law to be
tightened - 3
October 2006
The Canadian Senate Banking Committee has said that
anti-money laundering requirements should be extended.
The current law (last amended at the end of 2001) requires
banks, accountants, insurance companies and others to report
suspicious transactions, as well as any electronic
international transfer of more than $10,000 [£4,750] and any
cash transaction over $10,000, to FINTRAC (Canada's
Financial Intelligence Unit). But police told the
committee that because lawyers are exempt from the reporting
obligations, they could become a weak link or a target for
criminals. The committee heard from over 30 witnesses
during its research, and concluded that dealers in precious
metals, stones and jewellery, money service firms and
certain new types of banking services (such as so-called
white label ATM machines, which are not linked to
established banks) should also have to report.
Committee chairman Jerry Grafstein said, "We were
surprised by the substantial amount of activity that is
carried on in the country that has to be more properly
supervised. We can't quantify it but we know that it's
a substantial part of our daily commerce." In its last
annual report, FINTRAC said it had turned over 142
suspicious cases to police agencies or the security service.
The cases involved more than C$2 billion.
Canada is chairing the Financial Action Task Force this
year, and Finance Minister Jim Flaherty will host an FATF
plenary meeting in Vancouver next week. A bill to
improve Canada's AML legislation will be presented to
Parliament within the next few days.
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People trafficking centre opens in Sheffield - 3
October 2006
The UK Human Trafficking Centre (UKHTC) - Europe's
first dedicated centre for victims of people-trafficking -
is to open in Sheffield. The UKHTC will provide
specialist care for the victims - mostly women brought
from abroad and forced into prostitution. As well as
sex trafficking, the UKHTC will deal with trafficking
involving labour exploitation, children and domestic
servants. The UKHTC is being run by South Yorkshire
Police and will employ specially-trained police officers,
lawyers and immigration officials. Training will be
offered to law enforcement officers from all over the UK.
Deputy Chief Constable Graham Maxwell called trafficking
a "heinous crime" and said the facility would take a
"victim-centred approach, so that when a person is
discovered who has been trafficked, that first point of
contact is a positive one and we have the right support
mechanisms in place to look after their welfare".
To read more,
click here
to visit the UKHTC website.
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UK Treasury publishes consultation on MSB regulation
- 29 September 2006
HM Treasury has published a paper entitled "The
Regulation of Money Service Business: A Consultation".
At the launch of the consultation, Economic Secretary to
the Treasury, Ed Balls, said, "The vast majority of
bureaux de change, cheque cashers and money remitters are
honest and important partners in the fight against
financial crime. But the scale of the challenge we
now face demands we strengthen our current financial
controls so that we can root out money laundering and
terrorist financing. Our proposals to replace the
registration system with a licensing system, take tougher
action against non-compliance and demand firms keep better
records, build on the controls we introduced five years
ago and give us the powers we need. I also want to
give firms in the sector better support and guidance and
recognise the important contribution they make to our
financial system at home and abroad."
The consultation outlines a package of proposals to
reduce the harm caused by financial crime and terrorism by
combating abuse of money service businesses and by shifting
the burden of supervision onto firms that pose the highest
risk. The closing date for the consultation period is
6 December 2006.
To download the full 80-page consultation document,
click here.
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WhiteWash™ Online is launched
- 29 September 2006
Thinking about Crime Limited has today launched the
online version of its popular WhiteWash™ money laundering
simulation. To read more, please visit the
WhiteWash
Online page of this website.
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Bank of America pays US$7.5 million to settle money
laundering case - 27 September 2006
Bank of America, the second-largest bank in the US, has
agreed to pay US$7.5 million to settle charges that it
failed to prevent money laundering, the Manhattan District
Attorney's office has announced. After an
investigation lasting three years, it was revealed that
Bank of America failed to detect that Brazilian companies
were using a money transfer business's bank account to
launder money, DA Robert Morgenthau said in a statement.
Bank of America admitted that it had failed to take
adequate steps to verify information supplied by some
customers in South America. The settlement includes
a US$6 million penalty paid to New York City and state and
US$1.5 million to pay for the cost of the investigation.
Money transfer businesses transmitted an estimated global
total of US$230 billion in 2005, and regulators and
prosecutors have been trying to clamp down on the business
to prevent money laundering and the transfer of funds for
terrorist activities. Morgenthau said that
scrutinizing accounts belonging to money transfer businesses
is crucial to national security: "The banks and other
financial institutions should be our first line of defence
against illegal money entering the banking system".
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India sets up new AML committee - 27 September 2006
The Indian government has set up a 15-member high-level
committee to monitor cases of organised crime and
suspected money laundering. The committee consists
of representatives from all relevant intelligence
agencies, including the Directorate of Revenue
Intelligence, the Narcotics Control Bureau, the
Enforcement Directorate, the Income Tax Department, the
Central Bureau of Investigation and the Intelligence
Bureau. The committee was created following a host
of cases, investigated by several intelligence agencies,
revealing a huge amount of money laundered outside India
and then brought back into the Indian economy through
several channels.
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China given AML grant - 22 September 2006
The Asian Development Bank (ADB) has given a US$400,000
grant to China to help it develop its AML framework.
China
currently does not have a law to define and criminalise
money laundering, nor to provide measures to address money
laundering. Putting these in place would require the
co-ordination of more than two dozen Chinese authorities.
The ADB grant will provide technical expertise to help the
Chinese government finalise a proposed AML law, establish
co-ordination and co-operation between those two dozen
agencies, and develop an implementation manual and a
comprehensive action plan. The Chinese government
will add the equivalent of US$100,000 to the grant, in the
form of staff, facilities and other administrative needs.
The project is due for completion at the end of December
2007.
The ADB
is based in Manila (in the Philippines) and is dedicated
to reducing poverty in the Asia-Pacific region through
pro-poor sustainable economic growth, social development
and good governance. Established in 1966, it is
owned by 64 members - 46 of them from the region. In
2005, it approved loans and grants for projects totalling
US$6.95 billion, and technical assistance amounting to
US$198.8 million.
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UK IFA fined for systems and controls failings -
21 September 2006
The Financial Services Authority (FSA) has fined
Langtons (IFA) Limited £63,000 for "failing to properly
apportion roles and responsibilities to its senior
management and for not having systems in place to ensure
that its advisers were trained and competent".
Langtons' failings (which occurred between January 2003
and November 2005) were discovered during an FSA visit to
the firm rather than through its own systems and controls.
With regard to anti-money laundering systems and
controls, paragraph 4.15 of the FSA Final Notice
noted that "Langtons had money laundering procedures which
were outdated and not customised for its business. In
particular, the procedures still contained references to the
organisation that produced them. Langtons did not
establish and maintain systems for countering the risk of
financial crime. Money laundering reports on the
effectiveness of its systems and controls were not presented
to the Board of Directors and appropriate training was not
carried out with staff. As a result, Langtons did not
have effective systems and controls to counter the risk of
financial crime and also breached SYSC 3.2.6R."
Click here to read the FSA press release, which has a
link to the full Final Notice.
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Pacific anti-money laundering forum launched -
15 September 2006
A Pacific Anti-Money Laundering Programme (PALP) has
been established by the Pacific Islands Forum Secretariat.
Secretary General Greg Urwin said that PALP is "a major
step" in helping the Forum's 14 member countries to comply
with international AML standards. PALP has been
funded by the US Department of State's Bureau for
International Narcotics and Law Enforcement Affairs (INF),
and is a joint initiative by the Forum Secretariat, INF
and the UN Global Programme Against Money Laundering.
The main objectives of PALP are to provide regional
technical assistance and training, supported by three
resident mentors providing country guidance and in-house
training.
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Putin admits that Russia has a money laundering
problem - 15 September 2006
Russian president, Vladimir Putin, has attended an
emergency meeting of Russian bankers and financial
regulators and admitted that "the use of banking
institutions for criminal ends is, unfortunately,
continuing - we are witnessing the laundering of billions
of roubles every month as well as transfers of vast funds
abroad".
President Putin made his comments following the murder of
central banker Andrei Kozlov and his driver on 13 September.
It is suspected that Mr Kozlov, a first deputy chairman of
the central bank who was a key figure in the fight against
corruption, was shot by contract killers. A senior
banker and close friend of Kozlov expects the spotlight in
the murder investigation to fall on those banks Kozlov had
recently shut down or was about to close. "Andrei was
out to get the lousy money launderers, the crooks. He was
taking them out one after another. I'm sure one of those
criminal banks that he took out is behind this."
Kozlov's department was notorious for closing banks at the
rate of two or three a week, and only last week he had
called publicly for much tougher penalties for bankers found
guilty of money laundering.
Finance Minister Alexei Kudrin paid tribute to Kozlov:
"He was at the cutting edge of the battle against financial
crime. He was a very brave and honest man and through
his activity he repeatedly encroached on the interests of
unprincipled financiers."
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Another football/laundering investigation - 15
September 2006
An official report published by prosecutors in Brazil
alleges that Media Sports Investment (MSI) is involved in
money laundering. MSI is the firm that effectively
owned World Cup footballers
Carlos Tevez and Javier Mascherano, both of whom recently
transferred from Argentine team Corinthians to London team
West Ham. According to the report,
investigators found that "sufficient indices [exist] to
show that the partnership MSI/Corinthians is being used to
practise the laundering of money". The report goes
on to allege that the money was laundered on behalf of a
Russian oligarch, Boris Berezovsky.
The transfer of Tevez and Mascherano was a highly
unusual deal, in which the club pays some of the players'
wages but no transfer fee to Corinthians. MSI was
involved in 2005 in a failed bid to buy West Ham for £75
million, and now its former president, Kia Joorabchian, is
involved in further takeover talks. There is
additional controversy because Iranian-born entrepreneur
Mr Joorabchian refuses to disclose the identity of his
backers. He has said that Mr Berezovsky is a friend
but that he "has not and will not be investing in any of
my current business projects". Mr Joorabchian has
vehemently denied the all money laundering allegations.
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US blacklists one of Iran's largest banks - 10
September 2006
The US has blacklisted Bank Saderat, one of Iran's
largest state-owned banks, alleging that it is used to
transfer money to radical organisations. Although
not licensed to deal directly in the US, the bank had
previously been permitted to make transactions via a bank
in another country. Stuart Levey, the US Treasury's
under-secretary for terrorism and financial intelligence,
announced the move during a speech to the American
Enterprise Institute. He said the bank had been
blacklisted because "this bank, which has approximately
3,400 branch offices, is used by the government of Iran to
transfer money to terrorist organisations. We will
no longer allow a bank like Saderat to do business in the
American financial system, even indirectly."
According to Mr Levy, the bank had facilitated the
transfer of hundreds of millions of dollars to the
Lebanese group, Hizbollah, and what he called other
terrorist organisations, every year.
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FSA writes second letter to JMLSG - 7 September
2006
On 31 August, Philip Robinson (Financial Crime Sector
Leader at the Financial Services Authority) send a letter
to the Joint Money Laundering Steering Group, as a
follow-up to a letter he sent them on 10 April. This
second letter deals with the new AML regime that came into
force on 1 September, and
contains the
information that is being circulated to FSA staff on what
to look for when assessing regulated firms' AML practices
(in particular, stressing that firms should now be acting
in a more risk-based way over AML, including in relation
to ID).
According to the letter, the main things FSA staff should
be on the look-out for are "that firms:
 | are systematically identifying and managing their ML/TF
risks (in ways that are proportionate to the firms’
circumstances); |
 | have strong senior management engagement with AML/CTF; |
 | use the right AML/CTF tools for the job; and |
 | keep their focus on outcomes rather than inputs". |
To download the letter in full,
click here.
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FATF evaluation team arrives in Turkey - 5
September 2006
A 12-day Financial Action Task Force evaluation visit
to Turkey starts today. The FATF delegation will
meet representatives from 37 Turkish institutions during
its visit, following up an extensive questionnaire
submitted to the jurisdiction. Turkey has been a
member of the FATF since 1991, and its last full
evaluation took place in 1999 (with a follow-up evaluation
in 2000).
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Conrad Black assets frozen worldwide - 31 August
2006
Media tycoon Lord Conrad Black has had his personal
assets frozen worldwide by the Ontario Supreme Court in
Canada. The freezing order - still known as a "Mareva
injunction" in Canada - covers both his own assets and
those of his socialite wife Barbara Amiel Black, grants
him C$20,000 per month to live on and requires him to get
court approval for most spending.
The request for the order was brought by Toronto-based
Hollinger Inc, a company once controlled by Lord Black,
which is suing him on the grounds that he stripped the firm
of C$84 million [£49 million] of key assets by transferring
them at below market value to Hollinger International, a
US-based group that he and other Hollinger Inc executives
also controlled. Hollinger Inc's lawyers were able to
convince the court that, as the case is not due to be heard
until next year and could drag on for some time, there was a
real risk of Lord Black's assets disappearing in the
meantime. Lord Black, who is also facing criminal
charges of racketeering, money laundering, wire fraud and
obstruction of justice in the US, denies all allegations.
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FSA publishes consultation paper on changes to
Approved Persons regime - 31 August 2006
The Financial Services Authority (FSA)
has published CP06/15, a consultation paper outlining a
new proposal to merge the
customer functions in the Approved Persons regime.
This paper is in response to feedback from the industry,
following the publication of an earlier consultation paper
in July 2005. David Kenmir,
Managing Director of Regulatory Services at the FSA, said,
"Through our Handbook review programme, the FSA is
removing regulations whose costs outweigh the benefits
they bring. The proposed merger of customer
functions offers a further £1 million annual saving for
firms."
The consultation paper
also:
 |
sets out the
implications of the Markets in Financial Instruments
Directive (MiFID) for the Approved Persons regime |
 |
reminds firms that it
is their responsibility to carry out appropriate checks on
their employees |
 |
clarifies aspects of
the FSA's approval process. |
To download the 92-page CP06/15 "Reforming
the Approved Persons regime",
click
here. Comments are invited by 9 November 2006 (for
the MiFID impact) and 23 November 2006 (for the merging of
customer functions). An online response form will be
available shortly on the FSA website.
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Lazarenko jailed for money laundering - 26
August 2006
Former Ukrainian prime
minister Pavel Lazarenko has been sentenced to nine years
in prison by a US court for money laundering, extortion
and wire fraud. Lazarenko, who was also
ordered to pay a US$10 million [£5.29 million] fine, was
convicted in June 2004 on 29 counts; he is appealing
against his conviction. His trial was held in San
Francisco, where he has an 18-acre estate, for which he is
said to have paid US$6.7 million [£3.5 million] in cash.
Lazarenko was Prime Minister of Ukraine from 1996 to
1997. He was originally accused of laundering US$114
million stolen while in office - indeed, a report published
by Transparency International in 2004 ranked him eighth out
of the world's 10 most corrupt politicians in the previous
two decades. While in office, Lazarenko exercised
control over a large swathe of the economy and influenced
the privatisation of Ukraine's vast natural gas sector; most
of the allegations of embezzlement of state funds and abuse
of office against him are related to the fight for gas
revenues between rival political and business groupings in
Ukraine in the 1990s.
Lazarenko was arrested by immigration authorities at New
York's Kennedy airport for visa irregularities in February
1999 after fleeing to the US seeking political asylum,
saying he had received death threats in Ukraine. Two
months prior to that, he
had been detained and then released on bail
in Switzerland, after being picked up crossing the border by
car from France on a Panamanian passport. Lazarenko
admitted moving money to Swiss banks but said he had
acquired it legitimately. In June 2000, a court in
Geneva found him guilty in absentia of laundering US$6.6
million [£3.5 million] through Swiss banks; he was given an
18-month suspended sentence and US$6.5 million [£3.4
million] was confiscated from his Swiss accounts.
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"Apprentice" questioned over money laundering
allegations - 14 August 2006
Syed Ahmed, who was one of the contestants in the BBC
television show "The Apprentice", has been arrested in
Chingford on suspicion of money laundering. Ahmed
was questioned about a £400,000 property loan from
Portsmouth Football Club director Terry Brady, who had
complained that he was misled into providing the loan to
Ahmed's business partner, Aftab Ahmed (no relation).
Syed Ahmed has now been released on police bail until 20
October.
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Republic of Korea to join FATF as an observer
country - 10 August 2006
The Republic of Korea is to join the Financial Action
Task Force as an observer at its next meeting, which will
be held in Vancouver, Canada, in October 2006.
The FATF expects that it will take about two years for the
Republic of Korea to obtain full membership status, which
would provide greater regional balance and strengthen the
global fight against money laundering and terrorist
financing. Officials in Seoul expect FATF membership
to improve the reputation of the country's finance
industry by permitting greater transparency.
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KPMG Fraud Barometer reveals increase in employee
fraud - 3 August 2006
The KPMG Fraud Barometer considers major fraud cases
being heard in the UK’s Crown Courts. The first six
months of 2006 has seen 123 cases reaching court, concerning
a total of £653 million (compared with 88 cases worth £250
million over the same period last year).
There was an increase in what KPMG calls "insider frauds"
– those perpetrated by employees against their own
organisations. Management was the biggest perpetrator
of frauds, accounting for nearly half of the frauds coming
to court. There was a proliferation of cases of
insider fraud within banks – most notably the case of the
bank manager in Scotland who created £21 million in false
loans over a period of five years. Many bank insider
frauds were carried out by low level employees, sometimes
connected to organised criminal gangs – such as two call
centre employees in Yorkshire who were part of a nationwide
fraud ring that used customer credit card and bank details
to swindle almost £900,000.
To read the KPMG press release,
click here. To download the underlying graphs and
tables,
click here.
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SOCA publishes UK Threat Assessment 2006/7 - 31
July 2006
The Serious Organised Crime Agency (the UK's FIU) has
published the United Kingdom Threat Assessment of
Serious Organised Crime 2006/7. As explained in
the introduction by Director General Bill Hughes, the
threat assessment "describes and assesses the threats
posed to the UK by serious organised criminals
and considers how those threats may develop in
future".
From a money laundering point of view, the threat
assessment makes these points:
To downl oad the full 44-page
threat assessment,
click here.
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HM Treasury launches consultation on implementing
the Third European Directive - 31 July 2006
HM Treasury is conducting a consultation on the UK
government's proposed implementation of the Third Money
Laundering Directive. The aim of the Directive was
to bring European legislation into line with the Financial
Action Task Force's revised recommendations; the Directive
was adopted in October 2005 and needs to be implemented
into legislation in member states by December 2007.
The purpose of the HMT consultation exercise is to seek
views on its proposals for implementation of the Directive
into UK legislation. The consultation document sets
outs those proposals, contains a Partial Regulatory Impact
Assessment (PRIA) and poses a number of questions to which
interested parties are invited to respond. The
consultation period ends on 20 October 2006.
After that, draft new Money Laundering Regulations will
be issued and consulted upon by the end of this year.
To download the 132-page consultation document,
click here.
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Edwards and Berlin finally sentenced - 27 July
2006
Lucy Edwards and Peter Berlin have finally been
sentenced for their money laundering. The pair have
been sentenced to five years’ probation - almost six years
after they admitted conspiring to use the Bank of New York
to launder more than US$7 billion from Russia.
Edwards was a vice-president of the bank and her husband
Berlin ran companies with accounts at the bank; they
pleaded guilty in February 2000 and agreed to cooperate
with prosecutors investigating money laundering. “We
had no right to bring the wild habits of the Russian
business environment onto American soil,” Mr. Berlin told
Judge Shirley Wohl Kram in court in Manhattan.
Edwards and Berlin will spend six months in home
detention in New Jersey. They must make restitution of
US$685,000 to the Internal Revenue Service and pay fines of
US$20,000 each.
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FSA's Philip Robinson speaks in Singapore about
money laundering - 27 July 2006
Philip Robinson, Financial Crime
Sector Leader at the FSA, recently gave a speech entitled
"Effective AML - The UK Story" at the Asia-Pacific
Financial Crime Conference in Singapore. He
concentrated on the UK's risk-based approach to AML: "A
well-implemented risk based approach should deliver three
key elements to the UK's AML regime: cost effectiveness,
flexibility and proportionality. Cost effectiveness
not cost control. For all of us involved in the
fight against money laundering and terrorist financing,
resources are limited. It is therefore essential
that we use resources effectively and efficiently.
By ensuring that resources are focused on real money
laundering risk, the risk based approach can help us to
maximise our return investment in fighting money
laundering and ensure that we get the best possible bang
for our buck. The risk based approach is not an easy
option and nor is it necessarily the cheapest. It's all
about value for money, making sure that costs that we are
all mandated to spend are focussed to deliver the maximum
benefits."
To read the full text of the speech,
click here.
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Irish disclosure statistics published - 23 July
2006
An article published in Dublin's
Sunday Business Post reveals that 10,735 disclosures were
made in 2005 by banks, financial institutions and
designated professionals (such as tax advisers and
accountants). This compares with 5,491 disclosures
in 2004 and just over 2,000 in 2003. More than 10%
of the 2006 disclosures led to investigations, while about
5% related to the suspected financing of terrorism.
Since 1995, Irish
authorities have brought 60
prosecutions against individuals for money laundering.
39 people have been convicted, while a number of cases are
still before the courts. Most of the successful
prosecutions have resulted from collaboration between the
Garda’s money laundering unit and the Criminal Assets
Bureau (CAB).
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French bankers to face money laundering charges
- 21 July 2006
A French judge has ordered senior
bankers from Société Générale, Barclays France,
Société Marseillaise de Crédit (owned by HSBC) and the
National Bank of Pakistan to appear in court to
face money laundering charges. They are among 138
people, including six rabbis and a former state
prosecutor, who have been ordered to answer charges of
"aggravated money laundering" over a dirty cheques ring
operated between France and Israel from 1996 to 2001.
The case, dubbed "Sentier II" in
France, concerns an alleged fraud scheme by clothing
merchants in the Jewish Sentier district of Paris, who are
suspected of laundering thousands of stolen or fraudulent
cheques in French francs, estimated to have been worth
about €70 million [about £48 million]. The cheques
were allegedly sent to Israel, where they could be signed
over to new beneficiaries and exchanged for local
currency, before being returned to France through the
international correspondent banking network and cleared by
French banks.
The bankers are being held responsible for failing to
enforce stringent anti-laundering laws.
No date for the trial has been set.
Indeed, there is still doubt over whether it will reach
court, as in 2004 a previous attempt to charge people was
thrown out by state prosecutors on a procedural hitch.
However, the case has once again prompted calls for France's
1996 money laundering legislation to be clarified.
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Revenue and Customs Prosecution Office confiscates
£21 million - 18 July 2006
In its first year, the UK's Revenue and Customs
Prosecutions Office (RCPO) was responsible for collecting
over £21 million in criminal assets confiscated in the
last year. Other statistics revealed that:
 | over the year, the RCPO completed 1,701 cases
involving 2,269 defendants |
 | 89% of RCPO prosecutions resulted in the conviction of
at least one defendant |
 | 81% of defendants either pleaded guilty or were
convicted |
These figures are published in RCPO's first annual
report, which has been laid before Parliament by the
Attorney General. RCPO was launched as a new,
specialist and independent prosecuting authority in April
2005. Its work includes income tax and VAT fraud, duty
fraud on alcohol tobacco and oils, money laundering, export
controls and sanctions violations. It also prosecutes
large-scale drug smuggling and associated money laundering
for the Serious Organised Crime Agency. A team of specialist
lawyers advises investigators on the confiscation of
criminal assets.
To read the full 44-page annual report,
click here.
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FATF publishes assessment of the US - 11 July
2006
The
Financial Action Task Force (FATF) and the Asia Pacific
Group (APG) have jointly published an assessment of the
United
States’ anti-money laundering and counter-terrorist
financing (AML/CFT) standards. Among the
recommendations of the assessment are:
 | customer
identification requirements apply to most types of
financial institutions but these could be strengthened,
particularly in relation to the identification of
beneficial owners |
 |
AML/CFT
measures apply to a broad range of financial institutions,
but comprehensive AML/CFT measures should also apply to a
wider range of non-financial businesses and professions
|
 |
company
formation procedures and reporting requirements are such
that the information on beneficial ownership of legal
persons may not, in most instances, be adequate, accurate
or available on a timely basis. |
To download the full 311-page assessment report,
click here. To download a 17-page summary of the
report,
click here.
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Egmont Group to settle in Canada - 7 July 2006
The Egmont Group of Financial Intelligence Units,
established in Belgium in 1995, is to set up its permanent
headquarters in Toronto. The secretariat serves 101
FIUs around the world and will be staff by about six
administrators and researchers. The Canadian
government will provide C$5 million [about £2.4 million]
in start-up funding over five years but eventually the
secretariat will be financed by subscriptions from member
FIUs.
Canada also holds the chair of the FATF for the period
July 2006 - July 2007.
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Susan launches her blog - 7 July 2006
Flushed with success and creativity, Susan has launched
her blog on an experimental basis - if she enjoys writing
it and you enjoy reading it, it will carry on.
To take a look at Susan's blog, go to the
Susan's blog page.
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EC announces proposed measures to tighten controls
on money transfers - 7 July 2006
The European Parliament has agreed at first reading on
the European Commission's proposal for a Regulation to
tighten controls on money transfers in order to cut off
funding sources for terrorists and other criminals.
The proposed Regulation would require that money transfers
be accompanied by the identity of the sender including the
name, address and account number, which would assist law
enforcement authorities in detecting and investigating
terrorists and other criminals, and in tracing their
assets. This proposal would bring EU policy into
line with the recommendations of the Financial Action Task
Force (FATF).
In order to ensure the traceability of money transfers,
the proposed Regulation introduces obligations for banks and
money remitters involved in the payment chain. The
requirements apply to transfers of funds in any currency
that are sent or received by a payment service provider in
the EU - regardless of the amount involved - and require
that the name, address and account number of the sender of
the transfer always be transmitted together with the funds.
This information will only be provided to the competent
authorities for the purposes of preventing, investigating,
or detecting money laundering or terrorist financing.
The Regulation is expected to come into force by 1st January
2007 at the latest.
To download the draft Regulation,
click here.
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Susan's new book hits the shelves - 6 July 2006
Susan's latest book is now on sale. The Money
Laundering Officer's Practical Handbook (or MLOPH)
has as its strap-line "Don't tell me what I need to know,
tell me what I need to do!", and the intention has been to
create as practical a guide as possible. Written
since the publication of the new JMLSG Guidance Notes in
January 2006, MLOPH takes into account the recent
changes in emphasis of the UK's AML regime, including a
risk-based approach to everything and increased senior
management accountability. MLOPH features
lots of bullet points and checklists, and even has
removable, photocopiable resources at the back. If
you are an experienced UK MLRO, you can use MLOPH
to check that your AML regime is still compliant and
effective; if you are a newly-appointed MLRO in the UK,
MLOPH will give you step-by-step guidance on how to
implement such a regime.
To read more about MLOPH,
click here. To
download an order form,
click here. To order online via the publisher's
website,
click here. Or you can
email Susan for more information or to order signed
copies as Christmas presents....
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Nigerian governor made subject to a UK forfeiture
order - 30 June 2006
According to a press release issued by the Concerted
Inter Agency Criminal Finances Action Group, Diepreye
Alamieyeseigha, the Executive Governor of Bayelsa State in
Nigeria, has been made subject to a forfeiture order in
the UK. The order has come about as a result of a
financial investigation carried out by the London Regional
Asset Recovery Team, part of the Metropolitan Police's
Economic and Specialist Crime Unit.
It is believed that Alamieyeseigha stole large amounts of
money from his state. On 15 September 2005 he was
arrested for money laundering as he arrived at Heathrow on a
flight from Germany, and a search of his UK home address
resulted in a cash seizure of approximately £1 million.
On 27 September 2005 he was further arrested following
advice from the Crown Prosecution Service; his home address
was again searched and a further £75,000 cash was seized.
He was later charged with three offences of money laundering
and was given bail, but he fled to Nigeria where he is now
on trial. [See
Old News
page for entries dated 21 November 2005, 12 December
2005 and 24 December 2005.]
On 26 May 2006 the District Judge sitting at Stratford
Magistrates' Court made a forfeiture order for the total
£1,075,000. The Judge also stated that the cash should
be repatriated to the Nigerian government.
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Financial Services Authority publishes annual report
for 2005/06 - 27 June 2006
The UK's financial regulator, the Financial Services
Authority, has published its "Annual Report 2005/06".
In the report, mention is made by the FSA of two money
laundering cases:
"Investment Services UK Limited (ISUK), whose clients we
regarded as having a high-risk money laundering profile,
helped its clients to open accounts with a bank so they
could participate in bond trades. However, the firm
did this without providing the bank with appropriate
information about the clients to allow it to assess the
risks to which it was exposed. We fined ISUK and its
managing director, Mr Ram Melwani. This was the first
time we had fined an individual for anti-money laundering
failings and emphasises the importance we attach to senior
management responsibility in reducing financial crime."
"We took action for the first time against a
firm (Capita Financial Administrators Limited) for poor
anti-fraud controls. These weaknesses had contributed
to a small number of actual and attempted frauds that appear
to have been the result of collusion among a small number of
staff. We were particularly concerned that the initial
instances of fraud were discovered by clients rather than
the firm. Had these clients not alerted the firm,
there remained a material risk that the firm would not have
identified the frauds or taken action to assess and correct
its controls."
To download the 136-page annual report,
click here.
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Nigeria removed from the FATF's NCCT list - 23 June 2006
At its recent plenary meeting held in Paris, the
Financial Action Task Force removed Nigeria from its list
of Non-Cooperative Countries and Territories. In a
statement, the FATF said that "this
decision recognises the progress that Nigeria has made in
implementing anti-money laundering reforms, including
establishment of a financial intelligence unit and
progress on money laundering investigations, prosecutions
and convictions. In addition, Nigeria has
taken steps at the highest levels to fight corruption.
The FATF will continue to monitor the situation of Nigeria
over the next year."
The only NCCT remaining is Myanmar. With regard to
this jurisdiction, the FATF said that it is "encouraged
by the progress made by Myanmar and will conduct a visit to
Myanmar to verify the progress it has made. In the
meantime, the FATF continues to urge the country to fully
implement its enacted reforms so that it can be removed from
the list in the future and continues to call on financial
institutions to scrutinise transactions with persons,
businesses, or banks in Myanmar, as per Recommendation 21."
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FATF considering new member jurisdictions - 23 June 2006
At its recent plenary meeting held in Paris, the
Financial Action Task Force progressed
applications for membership
from China, India and the Republic of Korea. The
FATF hopes to be able to conduct a mutual evaluation of
China, the next step in the membership process, later in
2006. The current FATF President visited India in
April and the FATF hopes to take further steps towards
membership in the near future. The Republic of Korea
has reaffirmed its commitment to becoming a member of the
FATF, and the incoming FATF President expects to undertake
a formal visit there in June 2007.
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Bulgaria proposes AML changes in order to qualify
for EU membership - 21 June 2006
Bulgaria's parliament has approved an amendment to
existing legislation which will grant the finance minister
more power to request information in cases involving
possible wrongdoing by government institutions and allow
him to intercept suspicious money transfers. Also
under the amendment to the Measures against Money
Laundering Act, banks will be required to know the
personal name of a company's proprietor before the company
can open an account. For individual accounts, banks
will have to request more detailed information about the
account holder. Offshore transfers will be closely
monitored. Other proposed changes to Bulgaria's AML
regime include adding 10 people to the financial
intelligence unit so it can ensure that reports under
money laundering regulations are filed and improving
co-operation among police, their FIU and the prosecution
office.
Bulgaria's anti-money-laundering law was adopted in 1998
but has since been criticised for failing to prosecute and
obtain sentences for notorious unlawful money transactions.
"Intensified enforcement of anti-money-laundering
provisions" was identified as a major area of concern in the
European Commission's last monitoring report on Bulgaria's
preparedness for EU membership in 2007. Bulgaria and
its neighbour Romania are in line to join the EU next
January 1, but have been warned they must make urgent
reforms to avoid a one-year postponement. Corruption
and organised crime are among concerns that have been raised
by EU inspectors.
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Major money laundering convictions in Finland -
16 June 2006
A major trial involving the laundering of assets of a
bankrupt Finnish businessman, Kari Uoti, has ended with
the jailing of seven out of the ten defendants. The
case focussed on the transfer of shares in the commercial
bank Interbank more than a decade ago.
Uoti was
sentenced to five months and ten days for aggravated
dishonesty of a debtor, as the court found that he had
concealed large amounts of his property from his creditors.
A sentence of three years for concealment was given to Timo
Lampila, who had acted on Uoti's behalf for several years -
Lampila was also ordered to compensate the Uoti estate for
the concealed property, to the tune of more than EUR 1.5
million, nearly a million Swiss francs, and 1.6 million US
dollars with interest. Also sentenced for concealment
were Hannu Halme and Joni Soila (former editor-in-chief of
the weekly entertainment magazine
Katso). Dr Ari Huhtamäki, a law professor at
the University of Lapland who had been Uoti's legal adviser,
was sentenced to a year and ten months, and was stripped of
his post at the university. Also convicted
was Seppo Sairanen, the main
owner of FIM Asset Management, who was given two years and
two months for aggravated concealment - aggravating
circumstances included Sairanen's legal training, his
in-depth financial knowledge, his responsible position in
FIM and the approval that he gave for shuffling Uoti's
funds. FIM broker Karri Toivonen got a year and eight
months for the same act, and FIM was fined EUR 100,000.
The case was unusual
in that the verdicts were based on the
votes of four lay members of the court - the two legal
professionals on the panel would have acquitted many of the
defendants. The disagreement was not over the validity
of the evidence, but rather whether or not Kari Uoti would
have had the right, in connection with his bankruptcy in
1997, not to disclose the fact that he was the beneficiary
of several offshore companies that were acquired for the
purpose of concealing assets.
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Assets Recovery Agency publishes Annual Report for
2005-2006 - 14 June 2006
The UK's Assets Recovery Agency has published its
Annual Report for 2005-2006 and its Business Plan for
2006-2007.
Jane Earl, Director of the Agency said, "The Proceeds of
Crime Act 2002 has been tested in the courts throughout the
year and proven to be robust legislation and the Agency has
won challenges to its powers. Although we have been
frustrated by legal process delays in moving as many
existing cases as we had planned through to a conclusion, we
have used our resources flexibly and have restrained over
£85.7 million of assets in new cases (£15.9 million in NI).
Whilst assets are frozen they cannot be used to fund crime -
we are confident that we can demonstrate that these assets
have been acquired through unlawful activity and that they
will be forfeited.
"The Agency also has a statutory duty to expand financial
investigation capacity in organisations that can use POCA
powers. We have delivered high quality training to 644
new Financial Investigators and have enhanced the skills of
749 existing FIs with the result that there are 2,745
accredited Financial Investigators active throughout law
enforcement who are making a difference every single day.
"We accept that our initial predictions for the length of
time taken for cases to be completed were over optimistic
and, as a consequence, we have not met all of our targets in
full. Working closely with colleagues from the Home
Office, the Department of Constitutional Affairs and the
Attorney general's Office, legislative changes have been
implemented that are designed to speed up case progress.
We will continue to use our powers to the full to disrupt
criminal enterprises and reduce harm to law-abiding
communities."
To download the 97-page joint publication,
click here.
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Hong Kong launches industry AML working group -
14 June 2006
The Hong Kong
Monetary Authority (HKMA) has launched an industry
working group on Prevention of Money Laundering and
Terrorist Financing.
The working group comprises
representatives from both the HKMA and the banking
industry; a total of 19 authorised institutions were
nominated as members of the working group. The
mission of the working group is to further strengthen
the banking industry’s preparedness to meet new
challenges in the prevention of money laundering and
terrorist financing activities through carrying out the
following functions:
 |
encouraging the sharing of anti-money
laundering and counter-terrorist financing experiences
and techniques among authorised institutions |
 |
providing industry feedback to the
HKMA on the implementation of AML supervisory
standards |
 |
promoting the setting of AML industry
standards and best practices on specific areas in
which the industry may need more guidance |
 |
raising the AML awareness of the
industry and the general public (e.g. through
organising briefings or seminars). |
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New Zealand to update its money laundering
legislation - 7 June 2006
New Zealand's Associate Minister of Justice Clayton
Cosgrove has released a discussion document on enhancing
measures to counter money laundering and the financing of
terrorism. The document proposes regulatory changes
to enable New Zealand to comply with the recommendations
of the Financial Action Task Force.
Mr Cosgrove said although there is currently no evidence
of terrorist financing in New Zealand, it is important to
have a system which cannot be exploited by those who wish to
move illicit funds around the globe. “New Zealand
refuses to be a possible weak target for international
criminals and terrorists,” he said. "We propose an
overhaul of the Financial Transactions Reporting Act 1996,
which pre-dates the current FATF requirements and is
deficient in several areas."
Proposals to address deficiencies in the Act include
extending coverage of the FATF requirements to groups
outside the core financial sector (including lawyers,
accountants, estate agents, casinos and jewellers), more
stringent checks on customer identity and verification, more
detailed record keeping and reporting requirements, and
increased monitoring of compliance with the FATF
requirements.
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Hampshire lawyer jailed for money laundering - 6 June 2006
Laurence Peter Ford, a senior legal executive employed
by Hampshire law firm Beveridge Gauntlett has been jailed
for six years for his role in laundering more than £200
million from the proceeds of a complex VAT fraud.
Ford's conviction follows a lengthy investigation by HM
Revenue & Customs (HMRC).
Passing sentence at Southwark Crown Court, Justice Rivlin
told Ford: "The scheme was deliberately and carefully
planned and executed to assist men involved in a massive
carousel fraud of between £20-30 million. You set up
the means to enable the money to be laundered."
Roy Clark, HMRC Director of Criminal Investigations said:
"[This] verdict is clear evidence that HM Revenue & Customs
will rigorously pursue not only those directly involved in
attacking the VAT system, but also those who help to launder
the proceeds of such fraud. Mr Ford abused his
position of trust to launder the proceeds of organised crime
and as such was as guilty of an attack on the UK's taxation
system as those who organised and ran the fraud."
Following suspicious activity, HMRC investigators
examined the origin of large sums of money passing through
the law firm's bank account. An analysis of the
financial records identified deposits totalling over £250
million between May 2002 and March 2003 moving through the
Beveridge Gauntlett account and subsequently Ford was
arrested on suspicion of money laundering. He received
a payment of £40,000 for facilitating the laundering.
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Japan to extend range of professionals in AML
requirements net - 5 June 2006
The Japanese government has announced that it will be
updating its AML legislation to require a wider range of
professions to report suspicious money transactions,
including jewellery dealers, lawyers and estate agents.
Such professions will also be obliged to verify the
identity of their clients and store records about their
activities. The draft legislation will be put before
parliament early in 2007.
Another change will move the Japanese financial
intelligence unit from the Financial Services Agency to the
National Police Agency. The FIU received 98,900
suspicious transaction reports in 2005, up sharply from nine
in 1997.
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Europol publishes its first Organised Crime Threat
Assessment - 2 June 2006
Europol's first "Organised Crime Threat Assessment" (OCTA)
has been made public during a meeting of EU Ministers of
Justice and Home Affairs in Luxembourg.
The main task of the OCTA is to identify and assess
emerging threats. Furthermore, it describes the structure of
organised crime groups and the way they operate as well as
the main types of crime affecting the European Union.
The OCTA replaces the former EU "Organised Crime Report",
and differs from it in two main respects. Firstly, the
OCTA uses a multi-source approach to capture information
from the widest possible area - not only from the law
enforcement environment but also from key public and private
partners. And secondly, the OCTA looks to the future:
Europol is moving away from a mainly retrospective document
towards an assessment, which will help decision makers to
base their mid-term and, if possible, longer term strategic
planning on a sound foundation.
To view the 26-page OCTA,
click here.
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Former Colombian footballer investigated for money
laundering - 1 June 2006
Colombian soccer star, Freddy Rincon, is being
investigated by authorities in Panama for alleged money
laundering on behalf of a major drug trafficker.
Rincon, a businessman residing in Sao Paulo, Brazil, says
he is innocent and if necessary would travel to Panama to
clear his name.
Rincon is accused by Panama's anti-narcotics police of
investing in a fishing company, which operated as a shell to
launder drug money for cocaine kingpin Pablo Rayo-Montano.
Rincon has admitted investing USD200,000 in a fishing
company based in Panama, but he said he had no knowledge it
was controlled by Rayo-Montano or his organisation. To
clear his name, Rincon must prove that the money he
invested, wired from a bank account in Miami, was his own
and did not come from the sale of drugs.
A former forward, Rincon scored 17 goals in 84
appearances for Colombia's national team, leading it to
three World Cups - in 1990, 1994 and 1998.
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China and Indonesia agree to co-operate on money
laundering investigations - 30 May 2006
Indonesia is joining forces with China to fight money
laundering, as most dirty money from the former ends up in
the latter. Indonesian Financial Transaction Reports
Analysis Centre (PPATK) director Yunus Hussein said, after
signing an agreement with the China Anti-Money Laundering
Monitoring and Analysis Centre (CAMLMAC) that collaboration
with China in fighting money laundering was essential to
improving investigations into suspicious transactions
involving Indonesia and China. "China has a more
comprehensive database than we have, and it adopts a much
firmer approach to its industry as regards money
laundering", he said, adding that Indonesia could learn a
lot from China's experiences and expertise. CAMLMAC
director Ouyang Weimin said that the two countries would
fight money laundering and the financing of terrorism by
exchanging financial intelligence information, and assisting
each other with staff training and IT development.
Yunus also announced that, following a recommendation
from the FATF, the PPATK would expand its list of
institutions required to report suspicious financial
transactions. He said the agency, together with the
government, was drafting amendments to the 2003 Money
Laundering Law, which would bring additional types of
business into the net. "We will require law firms,
accountancy firms, car dealers and jewellery sellers to
report suspicious financial transactions," he said, and
warned that the FATF could put Indonesia back on its list if
the country did not improve the Money Laundering Law.
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Further delay to updated Australian AML legislation
-
29 May 2006
Australian Minister for Justice and Customs, Chris
Ellison, has announced that the proposed second period of
consultation on the draft anti-money laundering reform
package will now be delayed until mid-June.
“Following the extensive process of consultation between
the Government, industry representatives and other
interested parties, the Government has received more than
120 submissions and I have also had the benefit of a
report from the Senate Legal and Constitutional Committee
Inquiry into the Exposure Draft of the Anti-Money
Laundering and Counter-Terrorism Bill 2005,” Senator
Ellison said.
Senator Ellison released an exposure Anti-Money
Laundering and Counter-Terrorism Financing (AML/CTF) Bill
and a set of sample AML/CTF Rules in December 2005 for a
four-month consultation period. “I am impressed by
industry’s willingness to work with the Government to
develop a robust AML/CTF regime which will strengthen
Australia’s AML and CTF laws in line with international
standards,” he said. “While we are close to an agreed
position, a small delay in releasing the revised Bill will
help to ensure that we get the balance right."
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Philippines secures first money laundering
conviction -
25 May 2006
A bank manager in the Philippines has been convicted of
money laundering for helping to divert to a private account
PHP15.9 million [about £198,000] in import duties intended
to be paid to the Bureau of Customs (BoC) by Mitsubishi
Corporation.
Anti-Money Laundering Council (AMLC) executive director
Vicente Aquino announced the conviction of Eric Allagadan,
former manager of Union Bank of the Philippines: "He
facilitated the crime of money laundering and under the law,
that’s also a crime of money laundering and he was sentenced
to imprisonment of four years minimum to six years maximum."
This is the first conviction secured from over 20 cases
filed by AMLC since 2002.
On 18 March 2002 Allagadan facilitated the deposit of a
Global Bank manager’s cheque payable to the BoC; although
the cheque was crossed and should have been deposited only
to the account of the BoC, the funds were transferred to
personal accounts held by Mario Misa in three Union Bank
branches. The AMLC was able to freeze over PHP12
million, and the criminal syndicate was able to withdraw
only about PHP2 million.
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Russian minister accused of money laundering -
24 May 2006
LV Finance Group has issued a statement saying that a
Swiss business arbitration tribunal has ruled that Russian
telecommunications minister Leonid Reiman used money
laundering schemes in a bid to purchase a stake in mobile
phone network operator OAO Megafon. “The tribunal’s
decision has confirmed that the only beneficiary of the
Bermuda-based IPOC fund and its alleged option over a 25%
stake in Megafon is Reiman,” said LV, which has been
embroiled in a dispute with IPOC over the stake for nearly
three years. The Zurich tribunal found that the
money used by IPOC to make the down-payments on the stake
option payments had been “criminally sourced”. The
tribunal refused IPOC’s claim to 19.05% of shares in
Megafon, Russia’s third largest mobile provider; IPOC
already owns just over 5% of the company.
LV’s statement said the Tribunal “also concluded that [Reiman]
is the ultimate owner of a number of offshore companies in
different jurisdictions involved in IPOC business.”
LV noted that the Tribunal found Reiman had ruled
illegally in granting an operating license to Telecom XXI,
“a company in which he is a financial beneficiary”.
LV added that the ruling “shows that Reiman was in breach
of his official responsibilities as Minister of
Communications, by abusing his position for personal
gain".
Reiman has faced money laundering allegations before: in
December 2005, the Wall Street Journal reported
that German prosecutors suspected he had illegally
enriched himself in transactions during Russia’s
post-Soviet 1990s privatisations. Citing
prosecutors’ letters, the newspaper said that Reiman took
advantage of his position, initially as an executive at a
state-owned phone company in St. Petersburg, to help
transfer cash and telecommunications assets out of Russia
and through a web of shell companies to IPOC. IPOC has
consistently argued that it was owned by Danish lawyer
Jeffrey Galmond, a long-standing friend of Reiman.
However, Galmond’s own legal team recently conceded that
this position could not be maintained.
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21 arrested in Spanish laundering investigation -
21 May 2006
Police in Madrid have arrested 21
suspected members of a drug-trafficking and money
laundering gang that is believed to have laundered more
than 360 million euros [about £245 million] since 2001.
Most of those arrested are Spanish or Colombian. The
investigation began in March 2005 when police specialising
in economic crimes detected large amounts of cash being
deposited in bank accounts in the names of non-existent
companies. The money was then transferred to shell
companies in China, the United States, South Korea,
Germany and countries in Latin America.
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Internet gamblers charged with money laundering -
19 May 2006
The owners of a gambling website based on the Caribbean
island of Antigua have been charged by the US Department
of Justice with laundering US$250 million [about £132
million] in profits, according to charges brought by the
US Department of Justice. WWTS (WorldWide
Telesports), its former owner William Scott and employee
Jessica Davis, and a company called Soulbury Limited have
been charged with conspiracy, money laundering and failure
to disclose foreign financial accounts. Scott and
Davies have been on the run since being charged in a
separate federal money laundering case in New York in
March 1998.
In January 2003, Scott sold WWTS to Betcorp, a publicly
traded company in Melbroune, Australia.
According to Betcorp, WWTS still offers Internet,
telephone and wireless betting to customers worldwide.
According to the charges, American sports fans used the
WWTS website and freephone numbers to bet on baseball,
basketball, American football, ice hockey and other
sports, and between April 1998 and October 2004, WWTS made
US$250 million from those wagers. Scott and Davis
are charged with laundering that money through a series of
shell corporations and foreign banks, and with violating
the Wager Wire Act, which prohibits using the Internet,
telephone and US postal service for interstate and foreign
gambling.
According to the indictment, Soulbury Limited is a
shell corporation used by Scott to hide his illegal
profits, including US$10 million that he allegedly tried
to hide in Guernsey. The US, with assistance from
the Guernsey authorities, has been able to restrain US$7
million of this money.
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Nicaraguan leader charged with money laundering in
Panama -
18 May 2006
Panamanian
judge Adolfo Mejia has ruled that there is now enough
evidence to move ahead with the trial of former Nicaraguan
president Arnoldo Aleman on charges of money laundering,
and has issued an arrest warrant for Aleman, his wife
Maria Flores Fernanda de Aleman, his father-in-law Jose
Antonio Flores and the head of his administration’s
internal revenue service Byron Jerez. Together they
are accused of laundering US$58 million of government
funds.
Panama's
anti-corruption prosecutor, Mercedes de Leon, said at a
preliminary hearing that Aleman - who ruled Nicaragua from
1997 to 2002 - and his associates diverted the money from
the Nicaraguan Treasury to accounts in a dozen Panamanian
banks, using sixty public companies created in Panama to
cover up the transfers. Some of the money was then
transferred overseas.
Aleman was
convicted in December 2003 and sentenced to 20 years in
prison for embezzling tens of millions of dollars of
public funds while president. Initially jailed, he
was then put under house arrest for reasons of poor
health; currently, he enjoys what amounts to probation
while he pursues an appeal of his conviction.
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Gibraltar issues draft money laundering guidance
notes for consultation -
10 May 2006
The Gibraltar Financial Services Commission
has issued a discussion document on the re-writing of the
Anti-Money Laundering Guidance Notes (AMLGN). Comments on
the discussion paper are invited by 16 June 2006. To see the
discussion paper,
click here.
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Jersey issues draft money laundering law and
guidance for consultation -
10 May 2006
The Jersey Financial Services Commission
has issued drafts of the Money Laundering (Jersey) Order
200? (to replace the 1999 version) and accompanying
Handbook for the Prevention and Detection of Money
Laundering and Terrorist Financing (again, to replace
the 1999 edition).
Comments on drafts of both documents are
invited by 16 August 2006. To see the press release
with links to the consultation paper (outlining the specific
questions on which comments are invited) and the two draft
documents, click here to go to the
JFSC website and
then find the link in the purple press releases side bar.
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David Mills under investigation by the Law Society
-
7 May 2006
The Law Society has launched an
investigation into David Mills, the former lawyer for
Silvio Berlusconi and estranged husband of Tessa Jowell,
the Culture Secretary. The investigation was
launched after a complaint by regulators in Dubai who
rejected Mr Mills's application to practise law there
because he did not reveal the charges he was facing in
Italy. Mr Mills applied to work as a lawyer in Dubai
in October 2005, but financial regulators rejected his
application for six breaches of procedures, saying he was
not a "fit and proper" person to practice law in the
country.
The Law Society said it is not
investigating allegations that Mr Mills had accepted a bribe
in Italy but a spokesman confirmed that the society "shared
intelligence" with the Serious Fraud Office and would hold a
disciplinary tribunal if Mr Mills were found guilty in the
Italian court. Next month, an Italian judge will open
a hearing to decide whether Mr Berlusconi and Mr Mills
should be sent for trial.
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Son of Scottish MP charged with money laundering -
29 April 2006
Athif Sanwar, the son of Labour MP for Govan, Mohammed
Sarwar, is to appear at the High Court in Glasgow later
this year charged money laundering under the Proceeds of
Crime Act 2002. Athif Sarwar is managing director of
a company called United Wholesale (Scotland) Limited, and he faces
laundering charges with his colleague Mansoor Khan.
Mohammed Sarwar, who founded UWS in 2002 and remains a
director of the company along with his son, said, "I have
nothing to do with the day-to-day running of the business,
but after discussions with a number of my staff I have
absolute faith that, in the due process of law, these
allegations will be proved to be untrue and unfounded."
The MP is the sixth richest Asian businessman in Scotland,
with his wealth estimated to be £16 million.
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US Olympic gold medal sprinter charged with money
laundering -
28 April 2006
American sprinter Tim Montgomery (who won a relay gold
medal at the 2000 Olympics) has been arrested in Virginia
on charges of being connected to a multimillion-dollar
bank fraud and money laundering scheme. The charges
accuse Montgomery, his track coach Steven Riddick and
twelve other people of being involved in a scheme that
deposited US$5 million in stolen, altered or counterfeit
cheques over three years. Some of the money was
laundered through two businesses owned by a New York
couple accused of being behind the scam.
Montgomery is accused of being a lesser player in a
scheme hatched by friends Douglas Shyne and Natasha Singh.
Shyne and Singh are accused of setting up sham businesses to
take cheques stolen from banks and either alter them or make
counterfeit copies. Most of the cheques involved
accounts at large companies that didn't immediately notice
the money missing. Montgomery allegedly deposited
three bogus cheques worth a total of $775,000.
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China widens its AML net -
26 April 2006
The draft AML regulations submitted to China's
authorities for approval (see story dated 12 April, below)
widen the scope of the proposed law from financial
institutions to estate agents, lawyers, accountants and
jewellers. The draft law says that both financial
and non-financial institutions should shoulder the
responsibility for "controlling and monitoring". It
stipulates that estate agency, law, accountancy, pawnshop
and jewellery businesses should establish mechanisms to
combat money laundering and provide professional training
to their staff. Such firms - as well as the
financial sector - are also required to establish the
identities of customers, ascertain the exact source of
capital and probe the true purpose of transactions.
Large and suspicious transactions have to be reported to
the anti-money laundering monitoring centre set up two
years ago.
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Footballer's brother jailed for tax fraud -
24 April 2006
Wayne Lineker, the brother of former England football
captain Gary, has been jailed for two and a half years for
a £220,000 tax fraud. Wayne admitted conspiracy to
defraud the Inland Revenue by using unsuspecting relatives
and friends to ferry foreign currency to Britain from his
Lineker's sports bars in Spain. On top of the jail
sentence, he was ordered to pay a £90,000 confiscation
order or face a further two years in prison. Two
other men pleaded guilty to taking part in the conspiracy
and were jailed for 20 months and 18 months.
The scam worked by sending bundles of pesetas and escudos
from bars in Spain, Portugal and the Canary Islands into
Britain using the unsuspecting "mules". Once here, the
money was laundered into pounds, first through a bureau de
change and later using a series of money exchange deals.
The "clean" money was then returned to Wayne Lineker.
The foreign equivalent of £220,000 is thought to have been
smuggled into Britain over three years, with the actual cost
to the taxman estimated at £90,000, including interest.
Wayne Lineker lives in a mansion worth £2 million in
Essex and owns eight pubs and has franchises on three
others. Sentencing the men, Judge Stephen Robbins said
that defrauding the Inland Revenue was a "serious offence
because it means defrauding the vast majority of honest
taxpayers". He compared the fraudsters to "burglars
and thieves".
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Nigeria hopeful about removal from NCCT list -
21 April 2006
The following story has appeared in leading Nigerian
newspaper "Nigerian Tribune":
"Nigeria may soon be delisted from the ranks of
countries which are not complying with anti-money
laundering directives as the International Financial
Action Task Force (FATF) has announced its plan to conduct
an on-site visit to the country. The visit,
scheduled for May 9 through 11 this year, is expected to
lead to the delisting of the country from the list of
non-cooperating countries during its June plenary in
Paris, France. The FATF had, at its February plenary
in Cape Town, South Africa, moved Nigeria to the final
stage of the delisting process, having been satisfied that
the nation had made substantial and sustained progress in
the implementation of its anti-money laundering and
terrorist financing laws and regulations."
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SOCA publishes SAR review -
19 April 2006
A
review of the way in which Suspicious Activity Reports (SARs)
are handled in the UK has been published by Sir Stephen
Lander, Chair of the Serious Organised Crime Agency
(SOCA). The review is in response to a request made
in July 2005 by the Chancellor and the Home Secretary, who
asked Sir Stephen Lander to review how the SARs regime
could best be managed under SOCA.
Sir
Stephen makes 24 recommendations to improve the system,
primarily focussing on the role of SOCA as the regime’s
Financial Intelligence Unit (FIU) responsible for ensuring
the effective functioning of the regime. These
recommendations include improving the underpinning IT,
improving the training and guidance provided by the FIU and
facilitating better dialogue between the regime’s
participants.
To download the 56-page review,
click here.
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China proposes new anti-money laundering regulations
-
12 April 2006
Perhaps in response to the shocking rise in incidences
of money laundering (see story below dated 6 April),
the People's Bank of China (PBC)
has proposed new anti-money laundering regulations aimed
at the banking, insurance and securities sectors.
According to a series of drafts
published on the central bank's website, the new
regulations would require institutions in the banking and
insurance sectors to report "block transactions" to PBC's
anti-money laundering centre.
"Block transactions" are
defined as cash transactions over 50,000 yuan [about
£3,500] in a day.
Non-cash transfers between personal accounts and
institutional accounts exceeding 200,000 yuan [£14,100] in
a day, or transfers between two institutional accounts
exceeding one million yuan [£70,900] in a day, will be
also treated as block transactions.
Institutions and individuals are
invited to provide feedback on the draft regulations
before 8 May 2006. The 21st Session of the
Standing Committee of the 10th National People's Congress
of China will review the draft regulations on 25 April.
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Scottish laundering pair jailed for a total of 13
years -
11 April 2006
In a follow-up to a story published here on 10 March
2006, Zohaib Assad and Mohammed Ahmad have been jailed for
a total of 13 years. Assad was put behind bars for
seven years, while Ahmad was jailed for six years.
The two were found guilty last month of laundering GBP 2.4 million, in the first successful
prosecution under proceeds of crime laws in Scotland.
Both denied the charge, but were found guilty by jury of
laundering the money through a legitimate money-transfer
service at the travel agency they ran in Glasgow.
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"Godfather of Godfathers" captured in Sicily -
11 April 2006
Bernardo Provenzano, considered to be the head of the
Sicilian Mafia, has been arrested after more than four
decades on the run. Italian police said 73-year-old
Provenzano, deemed the country's most wanted man, was
arrested near his home town of Corleone in Sicily. It
is believed that he took over command of the Mafia after the
1993 arrest of Salvatore "Toto" Riina. Over the years
Provenzano has been sentenced to life in prison for a string
of murders, including the 1992 killings of top anti-Mafia
judges Giovanni Falcone and Paolo Borsellino.
Mafia informers said Provenzano moved between farmhouses
in the Corleone region every two or three nights to evade
capture, and never communicated with his friends except by
written notes carried by trusted lieutenants. Italy's
anti-mafia prosecutor Piero Grasso said police tracked him
down by following a package of clean laundry delivered to
his hideout. Detectives had found tracing him
difficult, as the last photo they had was nearly 50 years
old, but they had a breakthrough when they discovered he had
received treatment for prostate problems under an assumed
name at a clinic in southern France.
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UK's revenue prosecutors celebrate first birthday
-
11 April 2006
The UK's Revenue and Customs Prosecutions Office (RCPO)
was founded on 18 April 2005. RCPO is an independent
prosecuting authority that reports directly to the
Attorney General and is responsible for prosecuting some
of the largest drug and fraud cases in the UK. At an
event in London to mark its first birthday, RCPO's
Director David Green QC announced that in its first year
of operation, RCPO had achieved a conviction rate of 89.5%
across its caseload of more than 1,700 cases. It
also obtained 411 confiscation orders, worth GBP
36,617,204, and has already collected GBP 21,167,236 of
this total.
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China releases money laundering reporting statistics
for 2005 -
6 April 2006
Statistics released by the People's Bank of China
reveal that 600 financial institutions were fined a
total of 56.3 million yuan [about £3.8 million] for
money laundering violations in 2005. China has
been gradually tightening controls and raising
disclosure requirements for banks and other financial
institutions, amid estimates that the scope of money
laundering has grown to as much as 400 billion yuan a
year. The number of institutions suspected of
violations rose sharply last year from 2004, when 66
financial institutions paid fines totalling more than
1.7 million yuan. The Chinese central bank's centre
for monitoring and analysing suspected money
laundering said it had reviewed suspect transactions
worth about £6 billion in 2005. The report
detailed a fine of 1.2 million yuan levied on a branch
of Bank of Tokyo-Mitsubishi in Shenzhen, which borders
Hong Kong, but did not give the names of any of the
other financial institutions required to pay fines.
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SOCA launches website -
3 April 2006
The new Serious Organised Crime Agency has launched its website,
from where you can download the Agency's plan for the coming
year. To see the website,
click here.
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Mayor of Marbella charged with money laundering
-
29 March 2006
Police have arrested the Mayor of Marbella, Marisol Yagüe,
and eighteen other city officials on charges of money
laundering and corrupt property deals. Police raided
the town hall and other offices and seized property worth
2.4 billion euros, including cash, art, thoroughbred horses
and a helicopter. They have also ordered the freezing
of around a thousand bank accounts connected with the case,
following a wire-tap of the city offices which recorded the
laundering of up to 250 million euros from drug trafficking
conducted outside Spain. Yagüe also faces other
charges, including breach of trust, influence peddling and
fraudulent price fixing. The investigation, code-named
Ballena Blanca (White Whale) gained renewed momentum on 5
March 2006 when Marbella judge, Miguel Angel Torres,
authorised the wire-tap after he and other anti-corruption
prosecutors had started looking into the matter in autumn
2005.
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Gaydamak admits to a "technical violation" of
laundering law -
23 March 2006
Israeli pol ice
have recommended to their State Prosecutor that
Russian-Israeli billionaire Arcadi Gaydamak be charged
with failing to report the movement of US$52 million in
his accounts. Police are not claiming that Gaydamak
actually laundered the money, but his failure to report
its movement would violate Israel's AML law.
Gaydamak says he can prove the money is not criminally
derived and that he has committed only a technical
violation of the money-laundering law.
The
high-profile Gaydamak owns two leading sports teams and has
extensive business dealings. Last year he announced
his intention to run in the Israeli election, hoping to gain
the support of one million Russian immigrants, but
eventually did not stand. He has an international
arrest warrant against him involving the alleged smuggling
of weapons to Angola but his Israeli citizenship protects
him from extradition. If he is found guilty of this
laundering charge, he could face ten years in jail.
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Increase in reported cases of suspected money
laundering in Japan -
19 March 2006
Japanese banks displayed a 3.7%
increase in the number of reported suspicions of money
laundering in 2005, giving a record high of 98,935
reports. Banks accounted for 86% of the reports,
followed by 7% for other financial institutions such as
credit co-operatives. Financial institutions are
required by Japan's Financial Services Agency to report
transactions that may have been used to finance drug deals
or offences by criminal gangs or terrorists.
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India's new FIU opens for business -
16 March 2006
The Financial Intelligence Unit-India (FIU-IND) has
opened its office for business. FIU-IND
is an independent agency tasked with
collecting information about various financial
transactions and reporting suspect cases to the relevant
regulators and enforcement agencies. However, the
unit has a long way to go before it starts receiving a
regular flow of information from various reporting
agencies. The idea is to gradually enhance the
intelligence available with the unit, while the formats
for reporting to the agency are being prescribed.
FIU-IND can exchange information
with its foreign counterparts on the basis of reciprocity or
mutual agreement. It is the central agency responsible
for receiving, processing, analysing and disseminating
information relating to suspect financial transactions, and
will gather and share financial intelligence in association
with the regulatory agencies like the Reserve Bank of India,
Securities & Exchange Board of India and Insurance
Regulatory and Development Authority. FIU-IND reports
directly to the Economic Intelligence Council (EIC) headed
by the finance minister P Chidambaram.
To visit the website of FIU-IND,
click here.
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Australian banks unhappy with proposed money
laundering legislation -
15 March 2006
Australia's Anti-Money Laundering and Counter-Terrorism
Financing Bill 2005 proposes a major shake-up of money
laundering laws, to bring the country in line with FATF
requirements, and wants responses by 13 April.
However, key industry groups want more information about
the proposed changes and more time to consider them.
While the government has released draft legislation for
consultation, it has yet to release all the draft rules
which will specify just what industry must do to comply.
Both the Australian Bankers' Association and the
Investment and Financial Services Association said that
they needed more time for proper consideration of what
were complex and far-reaching changes. Initially the
reforms will involve the financial and gambling
industries, bullion dealers, lawyers and accountants.
The government would then consider extending them to real
estate agents, jewellers and others providing financial
services.
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First Scottish conviction for money laundering -
10 March 2006
Zohaib Assad and Mohammed Ahmad have been found guilty
of laundering GBP 2.4 million in the first successful
prosecution under proceeds of crime laws in Scotland.
Both denied the charge, but were found guilty by jury of
laundering the money through a legitimate money-transfer
service at the travel agents they ran in Glasgow.
Undercover customs officers had the premises under
surveillance and claimed they observed a customer visiting
the shop with holdalls stuffed full of cash between
February and September 2003. Investigators recovered
the sum of GBP 2,442,318.75 laundered by Assad and Ahmad
and deposited in accounts at branches of the National
Westminster and Clydesdale banks in Glasgow. The
pair were also found guilty of transferring GBP 2.25
million into foreign accounts in Pakistan, the United Arab
Emirates and China. The judge granted a request to
recommend a deportation order against Assad (a Pakistani
national) and to confiscate nearly GBP 400,000 in cash
found at the travel shop and at Assad's house. He
deferred sentencing until April 11 in Edinburgh and the
pair were remanded in custody.
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Spanish court investigates Benazir Bhutto for money
laundering -
8 March 2006
A
Spanish investigation has uncovered 4 million euros in
bank accounts linked to former Pakistani prime minister
Benazir Bhutto, who has been accused of hiding illicit
money in several European countries. Vicenta Tolda,
a judge based in Valencia, froze accounts in Bancaja Bank
which are linked to three companies (Petroline, Tempo
Global and Petroline SRL) with connections to Bhutto.
Spanish investigators said Bhutto might have laundered
money by buying and selling Spanish properties, including
a villa in Marbella. The investigation was launched
in 2004 at the request of the Pakistani authorities.
Judge Tolda has contacted the British judicial authorities
to request an interrogation of Bhutto, who currently lives
in London.
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FATF mutual evaluation reports published on Ireland
and Sweden -
1 March 2006
The Financial Action Task Force has published summary
third round mutual evaluation reports on Ireland and
Sweden. The full reports will be published in about
four weeks' time.
The main concern expressed about Ireland's AML/CFT
regime is that "Trust and Company service
providers are not covered by AML/CFT requirements as a
separate DNFBP [Designated Non-Financial Businesses and
Professions] category despite the presence of specialist
providers in Ireland. Casinos, including internet
casinos, are illegal. However, it was noted that a
number of private gaming clubs operate casino like
facilities that create an AML/CFT risk, but which fall
outside the scope of the CJA (1994). This lack of
AML/CFT requirements for the trust and company service and
gaming sectors was a matter of concern for the evaluation
team." To read the full summary report on Ireland,
click here.
With regard to Sweden, the major concern
highlighted is that Sweden "has not implemented full
customer due diligence (CDD) requirements. The AML/CFT
Acts require the financial institutions to conduct
customer identification when: entering into a business
relationship, for occasional transactions of 15,000 EUR or
more, when there are doubts if the customer is acting on
his/her own behalf, or when a financial institution has
grounds to suspect that a transaction may constitute money
laundering or terrorist financing. However, there
are numerous exemptions to the requirements related to
customer identification, which appear overly broad.
There are insufficient requirements to ascertain the
beneficial owner, e.g. no obligation to identify and
verify the beneficial owner of a legal person. There
are similarly no regulations to conduct ongoing CDD,
enhanced CDD, or CDD on existing customers." To read
the full summary report on Sweden,
click here.
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News from latest FATF plenary meeting -
17 February 2006
The Financial Action Task Force has concluded its
plenary meeting in Cape Town and issued a short statement
about the meeting, which was held jointly with the Eastern
and Southern Africa Anti-Money Laundering Group (ESAAMLG)
and attracted 400 delegates.
There are plans to conduct a mutual AML/CFT evaluation
of China later this year, as the next step on the road to
FATF membership for that country. India has
confirmed that it too intends to apply for membership.
Third round mutual evaluations have now been completed on
Ireland and Sweden, and full reports and summaries of
those evaluations will be published soon on the FATF
website. The list of NCCTs remains static - only
Myanmar and Nigeria are now on the list - and direct FATF
monitoring of Indonesia, the Philippines and the Ukraine
has been halted thanks to their "continued efforts".
Typology studies are underway into the money laundering
vulnerabilities of new payment technologies, the misuse of
companies and trusts, trade-based money laundering and
complex money laundering schemes from a South American
perspective. The annual typologies report covering
these subjects and more will be published in mid-2006.
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Russian tax amnesty scheduled for July 2006 -
17 February 2006
Russian government officials are planning a tax
amnesty, according to reports in the local press.
Details are still sketchy, but in essence, those declaring
assets to the authorities under the amnesty will escape
prosecution in return for paying 13% tax on
previously-hidden assets. However, the amnesty
offers immunity only from prosecution for violations of
tax law; those who declare assets could still be liable
for prosecution under foreign exchange laws or criminal
law. The Russian government is hoping to repatriate
some of the US$160 billion that it has estimated has been
salted away outside the country, and has warned that
penalties for tax crimes uncovered after the amnesty
finishes will be "very tough".
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Macau bank severs links with North Korea -
16 February 2006
Banco Delta Asia, which was accused by the US of being
a "willing pawn" for North Korea to channel money through
Macau, has agreed to sever all links with the communist
state. The US Treasury accused Banco Delta Asia of
helping to finance North Korean agencies and front
companies over a period of twenty years, and it put
intense pressure on the bank - which denied the
accusations - to abandon ties with North Korea. It
threatened to restrict Banco Delta Asia's business
dealings with US banks unless it took prompt action.
The scandal weakened Banco Delta's financial position,
with customers withdrawing 10% of its total deposits after
the allegations surfaced. The Macau authorities
stepped in to support the bank, pending an inquiry into
its activities, and are now considering the bank's future.
Officials said on 16 February 2006 that the bank would
end ties with North Korean clients and tighten its
anti-money laundering procedures. They confirmed that
the bank would co-operate fully with the authorities and had
appointed two firms of independent accountants to monitor
its clients.
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UK's Privy Council approves change to laundering law
for accountants -
14 February 2006
A change to the UK's Proceeds of Crime Act 2002 has
been approved. The change comes into effect on 21
February 2006 and will give equal treatment, as regards
obligations to report money laundering, to external
accountants, auditors and tax advisers where they provide
services directly comparable to those provided by
professional legal advisers. Karen Silcock, chairman
of the Money Laundering Working Party of the Institute of
Chartered Accountants in England and Wales (ICAEW) said,
"In simple terms, [this amendment] allows us to respect
the clients' rights of legal privilege as regards
reporting to NCIS and so brings much needed clarity to the
position of accountants and their clients in the specific
circumstances set out in the Order. This is a very
specific and very limited change to the qualified
accountants' duty to report knowledge or suspicion of
money laundering. Nothing in this change alters the
need for accountants to remain fully engaged in the fight
against financial crime and to ensure that their
responsibilities are met in full."
To see the ICAEW guidance on the Proceeds of Crime Act
2002 and Money Laundering Regulations 2003 (Amendment)
Order 2006 [snappy name!],
click here.
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UK Chancellor mentions money laundering in speech -
13 February 2006
In a speech given at the Royal United Service Institute,
Chancellor of the Exchequer Gordon Brown discussed (among
other subjects) terrorist financing:
"Second, we need not only to deny a safe haven to
terrorists, but ensure there is no hiding place for those
who finance terrorism. Money underpins international
terrorism. Let me give the example of UK members of Al
Qaeda-linked Libyan Islamic fighting group, a group whose
assets we froze last week. Our information is that
documents and money were transferred from Britain to support
training and attacks in Afghanistan and elsewhere through a
sophisticated network including a charity and four UK
property companies. And this was a network which under
further investigation included an individual found guilty in
Morocco of involvement in a suicide attack which killed 41
people. Once again showing the global nature of the
terrorist threat. In total I can state that, since
2001, we have frozen assets of terrorists of nearly £80
million - including for over 100 organisations with links to
Al Qaeda.
"In 2005 under the British presidency the EU brought in new
agreements on international money laundering controls. 2005
also established the Lander review into the system of
suspicious activity reports, to be completed in March. I
have just returned from the G8 Finance Ministers meeting in
Moscow where we reaffirmed that the international community
will continue to be vigilant in the future too.
"And today I am announcing, for Britain, new measures.
First, preventing terrorist financing, where we will consult
on protecting wire transfers and charities from being abused
- in the same way that we acted to freeze the bank account
at Finsbury Park mosque and prevent Abu Hamza abusing the
mosque's legitimate status as a charity. And to ensure
continued action internationally, I can confirm that at
tomorrow's summit in Cape Town [the FATF plenary meeting],
Britain will formally seek the chair of the worldwide
Financial Action Task Force.
"Next, identifying suspicious transactions - where I want
to work even more closely with the financial sector. So I
am today agreeing new guidance to give clearer strategic
advice to banks on what to target, so they can fulfil their
responsibilities; and am setting up a new forum with them to
discuss how we can achieve more together to identify, root
out, and prevent the use of financial networks to advance
terrorism.
"And then, disrupting terrorist activity - where with new
multilateral arrangements to better join-up enforcement we
will strengthen our pre-emptive asset freezing regime. And
we will review again in a year's time whether we need to go
still further either with new legislation or a single asset
freezing office."
To read the complete speech,
click here.
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Thousands seized from illegal fireworks sales -
10 February 2006
Assets totalling £53,000 have been seized from two
Sunderland women convicted of money laundering offences.
Nora Mitchel and her daughter Linda Mitchel were given
jail sentences of 18 months and 12 months respectively,
both suspended for two years. The women were
arrested during a murder inquiry into the death of a man
who had a firework pushed through his door. The pair
were charged with money laundering relevant to the sale of
cigarettes and fireworks from their home in Witherwack,
and supplying fireworks to people under the age of 16.
DS Steve Wade, who led the inquiry, said, "I am very
pleased with the sentences given by the court today and the
seizure of £53,000. This sends out a clear message to
people thinking of selling fireworks, alcohol and cigarettes
illegally. There are now financial investigators in
each area command and we will be looking very closely at
people selling alcohol, cigarettes and fireworks which lead
to anti-social behaviour."
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Florida lawyer convicted of money laundering -
4 February 2006
Samuel Burstyn, an attorney from Miami-Dade county in
Florida, has been sentenced to 42 months in prison for
scheming to obstruct a federal grand jury's investigation
into his clients' drug-trafficking operations. The
judge also ordered Burstyn to permanently resign from the
Florida Bar and to forfeit US$230,000. With seven
months already served, Burstyn is set to surrender to the
Bureau of Prisons on 31 March to spend the remainder of
his sentence in a federal facility.
The case against Burstyn went public in March 2005 when
agents from the FBI, Internal Revenue Service and local law
enforcement roused him from his bed at his home on Miami
Beach. Their 12-count indictment included charges of
conspiracy, money laundering and obstruction of justice.
Prosecutors said he acted as ''house counsel'' for a group
of drug dealers, instructing them to lie or, in one case,
flee from justice. According to the government,
Burstyn made a loan of $498,000 to marijuana smugglers
Jeffrey Tobin and David Tobin; he then advised them to
invest their drug proceeds in diamonds, instructed them to
lie to the grand jury and even urged Jeffrey Tobin to flee
from justice. Prosecutors made their case against
Burstyn by targeting the Tobins, who eventually provided
incriminating information about the lawyer in exchange for
lenient sentences. The government said Burstyn
required the Tobins to put up collateral for the loan.
That collateral was cash that came from drug proceeds,
according to the government. Central to the
government's case was proving that Burstyn knew the origins
of the collateral.
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Footballer's son arrested for money laundering -
2 February 2006
The son of famous Brazilian footballer Pele has been
arrested on drug trafficking and money laundering charges.
Edson Cholbi Nascimento was detained in the port city of
Santos, 45 miles south-east of Sao Paulo. He spent
six months in jail last year after being arrested in a
sting operation designed to dismantle an alleged drug gang
operating in Santos, and had been out of prison since 17
December pending his trial. Nascimento had been
initially charged with criminal association with
traffickers, but the on-going investigation led to the
recent money laundering charges that prompted his
re-arrest. Authorities accuse Nascimento of
participating in a scheme to launder money for drug
traffickers. Nascimento's lawyer contested the
arrest and said he was already taking the necessary
actions to have the former player released. A trial
date has not been scheduled for Nascimento, who faces up
to 15 years in prison if convicted.
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Welsh drug gang jailed for 121 years -
1 February 2006
Twenty people have been sentenced to a total of 121
years in prison for participating in a multi-million pound
drugs ring across south Wales. The final gang member
was convicted on 1 February, lifting a three-year ban on
reporting any details of the police operation. The
gang was led by Darren Owen, who made millions selling
cocaine, amphetamines and cannabis and is now serving 16
years in jail.
The National Crime Squad (NCS) began investigating Owen
in May 2001, and found him to be the front man for a drugs
ring stretching across Cardiff, Bridgend, Port Talbot, the
south Wales valleys and into the Midlands in England.
In total, 22 gang members either pleaded guilty to or were
convicted of being involved in a drugs ring and money
laundering.
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JMLSG publishes revised Guidance Notes - 1 February 2006
The Joint Money Laundering Steering Group has published
updated Guidance Notes for the UK financial sector on
"Prevention of Money Laundering / Combating the Financing
of Terrorism". The Guidance Notes are published in
two volumes (main text of 152 pages and sectoral guidance
of 143 pages) and can be downloaded from the JMLSG
website.
To read the JMLSG press release and download the
Guidance Notes,
click here.
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Police raid properties in Irish laundering
investigation - 1 February 2006
Irish police have confirmed that over a four-day period
last week they raided more than 20 properties in Dublin
and Neath as part of a Criminal Assets Bureau
investigation into suspected money laundering by the IRA.
The properties - including a pub and a hotel - are
believed to have been purchased with the proceeds of
crime. Police also raided the offices of solicitors
and accountants, and seized a huge dossier of documents.
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KPMG Fraud Barometer reveals sharp increase in UK
fraud - 30
January 2006
The sixteenth edition of KPMG's "Fraud Barometer" shows
that fraud in the UK rocketed in 2005, with a surge in the
second half of the year resulting in over £900 million of
fraud – up nearly three times from the previous year and the
highest recorded level since 1995. Jeremy Outen,
partner at KPMG Forensic, said, “There has been a worrying
boom in fraud in recent months, although the good news is
that we know this because the fraudsters are being
successfully brought to book."
To read the full KPMG press release,
click here.
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FSA confirms removal of Money Laundering
Sourcebook - 27
January 2006
The Financial Services Authority has
confirmed in a Policy Statement that it will press ahead
with streamlining its anti-money laundering requirements
for firms as part of its drive to simplify the FSA
Handbook and remove rules and guidance that are no
longer needed. It will remove the existing detailed
rules on anti-money laundering controls in their entirety
(the Money Laundering Sourcebook), replacing them
with high-level requirements for firms to have their own
risk-based controls on money laundering. This
reflects the FSA's wish to provide firms with greater
flexibility to meet their anti-money laundering
obligations and an increased focus on senior management
responsibility to do so. The changes will come into
effect at the beginning of March, but firms will have a
transitional period until August 2006 to become fully
compliant with the new rules.
Philip Robinson, the FSA's Financial Crime Sector Leader,
said, "The changes in our Handbook do not mean we are
going soft on money laundering; they are part of delivering
a more proportionate and effective regime to counter money
laundering. We believe that firms will increasingly be
able to target their resources where they will make the most
difference in fighting crime."
To download the full 52-page Policy Statement,
click here.
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Golfer's wife serves time for laundering - 26
January 2006
The wife of professional golfer John Daly has reported
to prison for a five-month sentence on a money laundering
charge. Sherrie Daly pleaded guilty in November 2004
to a charge of conspiracy to structure a transaction to
evade the reporting requirement. Daly will serve an
additional five months of house arrest after she is
released on 23 June.
Sherrie Daly and her parents, Alvis and Billie Miller,
were indicted in Mississippi on charges relating to a drug
ring and an illegal gambling operation. Alvis Miller
was sentenced to 2.5 years in prison, while his wife also
received five months to serve and five months of home
supervision. Prosecutors have said the two-time major
champion didn't know about his wife's activities, which took
place between 1996 and 2002; John Daly met his fourth wife
at a tournament in Memphis in 2001 and married her seven
weeks later.
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Billion dollar launderer arrested in New York -
23
January 2006
Martin Tremblay, a Canadian national and President and
Managing Director of the Bahamas-based investment firm
Dominion Investments Limited, has been arrested and
charged with participating in a long-term money laundering
scheme. The charges allege that from approximately
1998 to 2005, Tremblay conspired with others to launder
US$1 billion in illegal proceeds for numerous Dominion
Investments clients, all in exchange for a substantial
commission.
Dominion Investments is an investment services provider and
financial advisor incorporated in the Commonwealth of the
Bahamas in 1994, licensed by the Securities Commission of
the Bahamas, and a member of the Bahamas Financial Services
Board. Allegedly, Tremblay used Dominion Investment
accounts to receive hundreds of millions of dollars in the
proceeds of international narcotics trafficking, securities
fraud scams, income tax evasion, mail and wire fraud schemes
and bank fraud, among other crimes. Tremblay then
laundered the illicit funds by transferring them into United
States bank accounts and offshore bank accounts in Canada,
the Bahamas and elsewhere. To further conceal the
source and nature of these funds, Tremblay and his
co-conspirators apparently created shell companies and
fictitious entities.
Tremblay was captured as a result of an undercover sting
operation conducted in 2005, during which Tremblay was
videotaped agreeing to launder large amounts of money earned
from narcotics sales. If convicted on the money
laundering charges, Tremblay faces a maximum sentence of 20
years’ imprisonment and a fine of twice the value of the
laundered narcotics proceeds.
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Suriname trade minister resigns over money
laundering charges - 19
January 2006
The Minister of Trade and Industry of Suriname, Siegfried
Gilds, has resigned after being accused of involvement in
money laundering and participating in a criminal
organisation. [Suriname is a small South American
country sandwiched between Guyana and French Guiana.]
In the previous government from 2000-2005, Gilds held the
position of Minister of Justice and Police. He has
strongly supported anti-money laundering activities and
championed anti-money laundering laws, which were passed
in September 2002.
Gilds said he was resigning in order not to hinder the
investigation. He is accused of having facilitated
investments in Suriname by a relative who was recently
convicted in the Netherlands of drug trafficking,
participating in a criminal organisation and money
laundering. It is alleged that Gilds helped the
relative to buy property in Suriname and start up a business
involving hundreds of thousands of euros.
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MONEYVAL visits Lithuania - 14
January 2006
A delegation of the Council of Europe Committee on the
evaluation of anti-money laundering and anti-terrorist
financing measures (MONEYVAL) spent the week 9-14 January
2006 in Lithuania in the framework of the Committee’s
third evaluation round. MONEYVAL experts met with a
number of representatives from both the state authorities
and the financial and non-financial private sector.
The delegation examined the current level of compliance of
Lithuania with the international AML/CFT standards.
A full report containing the findings and recommendations
to address possible shortcomings will be published later
this year by MONEYVAL.
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US government releases Money Laundering Threat
Assessment - 11
January 2006
The US
government has released a Money Laundering Threat
Assessment (MLTA), the first government-wide analysis of
its kind, which investigates money laundering
vulnerabilities across a spectrum of techniques used by
criminals. Sixteen US bureaus, offices and agencies
collaborated on the MLTA, from the Departments of
Treasury, Justice, Homeland Security, the Board of
Governors of the Federal Reserve System and the United
States Postal Service.
Each chapter
of the MLTA profiles the characteristics of a specific
method of money laundering, outlining the current legal
and regulatory landscape and presenting known patterns of
abuse, geographical concentrations and real-life case
studies. The chapters are:
 | banking |
 | money
services businesses |
 | online
payment systems |
 | informal
value transfer systems |
 | bulk cash
smuggling |
 | trade-based
money laundering |
 | insurance
companies |
 | shell
companies and trusts |
 | casinos |
To download
the full 81-page MLTA,
click here.
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Alleged loyalist paramilitary charged with
laundering - 7
January 2006
Lawrence Kincaid, an alleged loyalist paramilitary, has
appeared in Belfast Magistrates Court on charges including
money laundering offences. He is charged with 24
offences of entering into an arrangement to acquire
criminal property between August 2003 and August 2005.
It is alleged that he used laundered criminal proceeds to
buy a property, a diamond ring, motorbikes, cars, laptop
computers and a holiday in the Maldives. Mr Kincaid
was released on his own bail of £5,000, with a surety of
£5,000, and was ordered to surrender his passport and sign
in at Ballyclare Police Station three times a week.
He is due in court again on 3 February.
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Gaydamak men in the football headlines - 6
January 2006
Israeli police have been questioning billionaire
Russian immigrant Arkady Gaydamak over his alleged
connection with money laundering through Israel's largest
bank, Bank Hapoalim. Gaydamak has a colourful
history: the billionaire industrialist was born in Russia
but carries passports from France, Canada, Angola and
Israel. He has been tied to illegal arms sales to
Angola by the French company, Brenco International, along
with Jean-Christophe Mitterrand, son of the former French
president. He took refuge in Israel and in August
2005 he bought Betar Jerusalem football club - a move
which has made him a media celebrity in Israel.
Perhaps thinking along the same lines, his son
Alexandre yesterday paid an estimated GBP 15 million to
buy half of Portsmouth football club from owner Milan
Mandaric. His father says that Alexandre made the
purchase with his own money and without consultation.
"I do my business and he does his. We work
separately," Arkady was quoted as saying.
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