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{{Short description|Process of concealing the origin of money}} | |||
'''Money laundering''', the metaphorical "cleaning of money" with regard to appearances in law, is the practice of engaging in specific ] ] in order to conceal the identity, source and/or destination of ] and is a main operation of ]. | |||
{{Redirect|Dirty money|other uses|Dirty Money (disambiguation)}} | |||
{{Use dmy dates|date=February 2024}} | |||
] | |||
'''Money laundering''' is the process of illegally concealing the origin of {{anchor|Dirty money|Dirty Money}}money obtained from illicit activities (often known as '''dirty money''') such as ], underground ], ], ], ], and ], and converting the funds into a seemingly legitimate source, usually through a ]. As financial crime has become more complex and ] is more important in combating international crime and terrorism, money laundering has become a prominent political, economic, and legal debate. Money laundering is {{em|]}} illegal; the acts generating the money almost always are themselves criminal in some way (for if not, the money would not need to be laundered). | |||
In the past, the term "money laundering" was applied only to financial transactions related to ]. Today its definition is often expanded by government regulators (such as ], a bureau of the U.S. Treasury) to encompass any financial transaction which generates an asset or a value as the result of an illegal act, which may involve actions such as ] or false ]. As a result, the illegal activity of money laundering is now recognized as potentially practiced by individuals, small and large businesses, government officials, members of ] (such as ]s or the ]) or of ]s, and even ]s, through a complex ] of ] and trusts based in ] ]s. | |||
In the past, the term "money laundering" was applied only to financial transactions related to ]. Today its definition is often expanded by government and international regulators such as the US ] to mean "any financial transaction which generates an asset or a value as the result of an illegal act," which may involve actions such as ] or ]. In the UK, it does not need to involve money, but any ]. Courts involve money laundering committed by private individuals, drug dealers, businesses, corrupt officials, members of criminal organizations such as the ], and even states. | |||
The increasing complexity of financial crime, the increasing recognised value of so-called "financial ]" (]) in combating transnational crime and ], and the speculated impact of ] extracted from the legitimate ] has led to an increased prominence of money laundering in political, economic and legal debate. | |||
In ] law, money laundering is the practice of engaging in financial transactions to conceal the identity, source, or destination of illegally gained money. In ] law, the ] definition is wider. The act is defined as "the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises".<ref>{{cite web |title=Money Laundering Offences |url=https://www.cps.gov.uk/legal-guidance/money-laundering-offences |website=The Crown Prosecution Service (CPS) |access-date=15 May 2024 |archive-date=15 May 2024 |archive-url=https://web.archive.org/web/20240515105904/https://www.cps.gov.uk/legal-guidance/money-laundering-offences |url-status=live }}</ref> | |||
==History== | ==History== | ||
While existing laws were used to fight money laundering during the period of ] during the 1930s, dedicated ] legislation was only implemented in the 1980s.<ref>{{cite web |title=History of Anti-Money Laundering Laws |url=https://www.fincen.gov/history-anti-money-laundering-laws |website=Financial Crimes Enforcement Network (FINCEN) |access-date=15 May 2024 |archive-date=28 May 2024 |archive-url=https://web.archive.org/web/20240528094059/https://www.fincen.gov/history-anti-money-laundering-laws |url-status=live }}</ref> ] received a major boost from Prohibition and a large source of new funds that were obtained from illegal sales of alcohol. The successful prosecution of ] on ] brought in a new emphasis by the state and law enforcement agencies to track and confiscate money, but existing laws against tax evasion could not be used once gangsters started paying their taxes. | |||
=== Modern development === | |||
In the 1980s, the ] led governments again to turn to money laundering rules in an attempt to track and seize the proceeds of ] in order to catch the organizers and individuals running drug empires. It also had the benefit, from a law enforcement point of view, of turning rules of evidence "upside down". Law enforcers normally have to prove an individual is guilty to seize their property, but with ], money can be confiscated and it is up to the individual to prove that the source of funds is legitimate to get the money back.<ref>{{Cite news |date=2018-02-03 |title=Russian oligarchs in UK told to explain luxury lifestyles |language=en-GB |work=BBC News |url=https://www.bbc.com/news/uk-42926819 |access-date=2021-02-17 |archive-date=14 December 2020 |archive-url=https://web.archive.org/web/20201214044036/https://www.bbc.com/news/uk-42926819 |url-status=live }}</ref> This makes it much easier for law enforcement agencies and provides for much lower ]. However, this process has been abused by some law enforcement agencies to take and keep money without strong evidence of related criminal activity, to be used to supplement their own budgets.{{citation needed|date=March 2020}} | |||
The act of "money laundering" was not invented until the ] era in the United States, but many techniques were developed and refined then. Many methods were devised to disguise the origins of money generated by the sale of then-illegal ]s. Following ]'s 1931 conviction for ], mobster ] transferred funds from Florida "carpet joints" (small casinos) to accounts overseas. After the 1934 Swiss Banking Act which created the principle of ], Meyer Lansky bought a ] where he would transfer his illegal funds through a complex system of ], ] and ].<ref name="Komisar"> {{cite news | author=] | title=Tracking Terrorist Money - 'Too Hot for US to handle?' | publisher=] | date=October 4, 2001 | accessdate=February 2006 | url=http://www.webcom.com/hrin/magazine/money.html}} </ref> | |||
The ] in 2001, which led to the ] in the U.S. and similar legislation worldwide, led to a new emphasis on money laundering laws to combat ].<ref>{{Cite web |last=Morris-Cotterill |first=Nigel |date=1999 |title=A brief history of money laundering |url=http://www.countermoneylaundering.com/public/content/brief-history-money-laundering |url-status=dead |archive-url=https://web.archive.org/web/20160224181114/http://www.countermoneylaundering.com/public/content/brief-history-money-laundering |archive-date=24 February 2016 |access-date=17 February 2016 |df=dmy-all}}</ref> The ] nations used the ] to put pressure on governments around the world to increase surveillance and monitoring of financial transactions and share this information between countries. Starting in 2002, governments around the world upgraded money laundering laws and surveillance and monitoring systems of financial transactions. Anti-money laundering regulations have become a much larger burden for ]s and enforcement has stepped up significantly. | |||
The term of "money laundering" itself does not derive, as is often said, from the story that Al Capone used laundromats to hide ill-gotten gains. It was Meyer Lansky who perfected money laundering's older brother, | |||
"]", transferring his funds to Switzerland and other offshore places. The first reference to the term "money laundering" itself actually appears during the ]. US President ]'s "]" moved illegal campaign contributions to Mexico, then brought the money back through a company in Miami. It was Britain's '']'' newspaper that coined the term, referring to the process as "laundering."<ref> (See ]'s three books on money laundering, The Laundrymen, The Merger and The Sink.) </ref> | |||
During 2011–2015 a number of major banks faced ever-increasing fines for breaches of money laundering regulations. This included ], which was fined $1.9 billion in December 2012,<ref>{{Cite news |date=2012-12-11 |title=HSBC agrees $1.9bn US penalties |language=en-GB |work=BBC News |url=https://www.bbc.com/news/business-20673466 |access-date=2020-10-05 |archive-date=7 July 2014 |archive-url=https://web.archive.org/web/20140707111611/https://www.bbc.com/news/business-20673466 |url-status=live }}</ref> and ], which was fined $8.9 billion in July 2014 by the U.S. government.<ref name="nytimes bnp admits guilt">{{Cite news |last1=Protess |first1=Ben |last2=Silver-Greenberg |first2=Jessica |author-link2=Jessica Silver-Greenberg |name-list-style= |date=30 June 2014 |title=BNP Paribas Admits Guilt and Agrees to Pay $8.9 Billion Fine to U.S. |work=The New York Times |url=https://dealbook.nytimes.com/2014/06/30/bnp-paribas-pleads-guilty-in-sanctions-case/ |access-date=1 July 2014 |archive-date=30 June 2014 |archive-url=https://web.archive.org/web/20140630202411/http://dealbook.nytimes.com/2014/06/30/bnp-paribas-pleads-guilty-in-sanctions-case/ |url-status=live }}</ref> Many countries introduced or strengthened border controls on the amount of cash that can be carried and introduced central transaction reporting systems where all financial institutions have to report all financial transactions electronically. For example, in 2006, ] set up the ] system and required the reporting of all financial transactions.<ref>{{Cite web |title=AUSTRAC at a glance |url=http://www.austrac.gov.au/ar-14-15-austrac-at-a-glance |url-status=dead |archive-url=https://web.archive.org/web/20160828034700/http://austrac.gov.au/ar-14-15-austrac-at-a-glance |archive-date=28 August 2016 |access-date=18 August 2016 |publisher=AUSTRAC |df=dmy-all}}</ref> | |||
=== International initiatives against money laundering === | |||
With the surge in digital asset late 2010s, there's been a noticeable rise in money laundering and fraud tied to cryptocurrency. In 2021 alone, cybercriminals managed to secure US$14 billion in cryptocurrency through various illicit activities.<ref>{{Cite journal |last1=Kerr |first1=David S. |last2=Loveland |first2=Karen A. |last3=Smith |first3=Katherine Taken |last4=Smith |first4=Lawrence Murphy |date=March 2023 |title=Cryptocurrency Risks, Fraud Cases, and Financial Performance |journal=Risks |language=en |volume=11 |issue=3 |pages=51 |doi=10.3390/risks11030051 |doi-access=free |issn=2227-9091}}</ref> | |||
The 1980s witnessed the international trend for the criminalization of money laundering as a discrete crime. The US and the UK have done so in 1986, and the 1988 Vienna Convention has required State Parties to introduce this crime in their domestic legal systems. In 1989, the FATF was created. Its first report, issued in 1990, recommended the criminalization of money laundering. In 1991, the European Union required its Member States to 'prohibit' the laundering of funds derived from drug offences; the original Directive was revised in 2001 and replaced by another in 2005. | |||
] have become the principal money launderers for ]s in Mexico, Italy, and elsewhere.<ref name=":3">{{Cite news |last1=Rotella |first1=Sebastian |author-link=Sebastian Rotella |last2=Berg |first2=Kirsten |date=October 11, 2022 |title=How a Chinese American Gangster Transformed Money Laundering for Drug Cartels |url=https://www.propublica.org/article/china-cartels-xizhi-li-money-laundering |url-status=live |archive-url=https://web.archive.org/web/20230714080505/https://www.propublica.org/article/china-cartels-xizhi-li-money-laundering |archive-date=July 14, 2023 |access-date=July 13, 2023 |work=]}}</ref><ref>{{Cite news |last=Parodi |first=Emilio |date=2023-04-06 |title=Italian drugs cartels conceal payments via Chinese shadow banks |url=https://www.reuters.com/world/europe/italian-drugs-cartels-conceal-payments-via-chinese-shadow-banks-2023-04-06/ |url-status=live |archive-url=https://web.archive.org/web/20230714003532/https://www.reuters.com/world/europe/italian-drugs-cartels-conceal-payments-via-chinese-shadow-banks-2023-04-06/ |archive-date=2023-07-14 |access-date=2023-07-14 |work=] |language=en}}</ref><ref>{{Cite news |last= |date=2023-05-30 |title=Italy police arrest 40 mafia suspects for drug smuggling via Chinese money brokers |url=https://www.reuters.com/world/europe/italy-police-arrest-40-mafia-suspects-drug-smuggling-via-chinese-money-brokers-2023-05-30/ |url-status=live |archive-url=https://web.archive.org/web/20230714003532/https://www.reuters.com/world/europe/italy-police-arrest-40-mafia-suspects-drug-smuggling-via-chinese-money-brokers-2023-05-30/ |archive-date=2023-07-14 |access-date=2023-07-14 |work=] |language=en}}</ref><ref>{{Cite news |date=April 22, 2024 |title=How Chinese networks clean dirty money on a vast scale |url=https://www.economist.com/china/2024/04/22/how-chinese-networks-clean-dirty-money-on-a-vast-scale |url-access=subscription |access-date=2024-04-23 |newspaper=] |issn=0013-0613 |archive-date=23 April 2024 |archive-url=https://web.archive.org/web/20240423005302/https://www.economist.com/china/2024/04/22/how-chinese-networks-clean-dirty-money-on-a-vast-scale |url-status=live }}</ref> | |||
=== September 11, 2001 and the international response to the underground economy === | |||
==Features== | |||
After ], money laundering become a major concern of the US ]'s '']'', although critics argue that it has become less and less an important matter for the White House. Based in ], ] a ] or "a bank of banks" which practice "]", centralizing debit and credit operations for hundreds of banks, has been accused of being a major operator of the underground economy via a system of un-published accounts; Bahrain International Bank, owned by ], would have profited from these transfer facilities.<ref name="Komisar"/> The scandal prompted ], Clearstream CEO, to resign on December 31, 2001; several judicial investigations were opened; and the ] was ] by ] (MEPs) ], ] and ], who asked the Commission to investigate the accusations and to ensure that the 10 June 1990 directive (91/308 CE) on control of financial establishment was applied in all member states, including Luxembourg, in an effective way.<ref> {{fr}} by French MPs ] and ], third section on "Luxembourg's political dependency toward the financial sector: the ] affair" (pp.83-111 on PDF version) </ref> | |||
===Definition=== | |||
Money laundering is the conversion or transfer of property; the concealment or disguising of the nature of the proceeds; the acquisition, possession or use of property, knowing that these are derived from criminal acts; the participating in or assisting the movement of funds to make the proceeds appear legitimate. | |||
Money obtained from certain crimes, such as ], ], ], ], and ] is "dirty" and needs to be "cleaned" to appear to have been derived from legal activities, so that banks and other financial institutions will deal with it without suspicion. Money can be laundered by many methods that vary in complexity and sophistication. | |||
The international response to the underground economy has been co-ordinated by the ("FATF", also known by its French acronym of "GAFI"), whose original 40 principles form the basis of most international responses to money laundering activity. A further 8 principles, designed to counteract funding to ] organisations, were added on ] ] in response to the September 11, 2001, with another added ] ], to form what are now known as the (AML/CFT). | |||
Compliance with, or a movement towards compliance with, these principles is now seen as a requirement of an internationally active ] or other financial service entity. | |||
Money laundering typically involves three steps: The first involves introducing cash into the financial system by some means ("placement"); the second involves carrying out complex financial transactions to camouflage the illegal source of the cash ("layering"); and finally, acquiring wealth generated from the transactions of the illicit funds ("integration"). Some of these steps may be omitted, depending on the circumstances. For example, non-cash proceeds that are already in the financial system would not need to be placed.<ref name="chasing dirty money">{{Cite book |last=Reuter |first=Peter |url=https://archive.org/details/chasing_reu_2004_00_6674 |title=Chasing Dirty Money |publisher=Peterson |year=2004 |isbn=978-0-88132-370-2 |url-access=registration}}</ref> | |||
Several FATF-style regional bodies exist, such as the . | |||
According to the ]: | |||
==Process== | |||
{{Blockquote|sign=|source=|Money laundering is the process of making illegally-gained proceeds (i.e., "dirty money") appear legal (i.e., "clean"). Typically, it involves three steps: placement, layering, and integration. First, the illegitimate funds are furtively introduced into the legitimate financial system. Then, the money is moved around to create confusion, sometimes by wiring or transferring through numerous accounts. Finally, it is integrated into the financial system through additional transactions until the "dirty money" appears "clean".<ref>{{Cite web |date=30 June 2015 |title=History of Anti-Money Laundering Laws |url=https://www.fincen.gov/history-anti-money-laundering-laws |access-date=30 June 2015 |publisher=United States Department of the Treasury |archive-date=8 December 2016 |archive-url=https://web.archive.org/web/20161208052823/https://www.fincen.gov/history-anti-money-laundering-laws |url-status=live }}</ref>}} | |||
Money laundering is often described as occurring in three stages: placement, layering, and integration.<ref>See for example, "2. Stages of the Money Laundering Process", </ref> | |||
===Methods=== | |||
# '''Placement:''' refers to the initial point of entry for funds derived from criminal activities. | |||
# '''Layering:''' refers to the creation of complex networks of transactions which attempt to obscure the link between the initial entry point and the end of the laundering cycle. | |||
# '''Integration:''' refers to the return of funds to the legitimate economy for later extraction. | |||
====List of methods==== | |||
==Examples== | |||
Money laundering can take several forms, although most methodologies can be categorized into one of a few types. These include "bank methods, smurfing , currency exchanges, and double-invoicing".<ref name="encyclopedia">], ''Encyclopedia of white-collar & corporate crime: A – I, Volume 1'', page 78, {{ISBN|0-7619-3004-3}}, 2005.</ref> | |||
If a person is making thousands of dollars in small change a week from a business (not unusual for a store owner) and wishes to deposit that money in a ], it cannot be done without possibly drawing suspicion. In the ], for example, cash transactions and deposits of more than $10,000 are required to be reported as "significant cash transactions" to the ] (FinCEN), along with any other suspicious financial activity which is identified as "suspicious activity reports". In other jurisdictions suspicion-based requirements are placed on financial services employees and firms to report suspicious activity to the authorities. Methods to conceal the source are therefore required. | |||
* ]: Often known as ''smurfing'', is a method of placement whereby cash is broken into smaller deposits of money, used to defeat suspicion of money laundering and to avoid anti-money laundering reporting requirements. A sub-component of this is to use smaller amounts of cash to purchase bearer instruments, such as money orders, and then ultimately deposit those, again in small amounts.<ref name="NDIC">{{Cite web |last=National Drug Intelligence Center |date=August 2011 |title=National Drug Threat Assessment |url=https://www.justice.gov/ndic/pubs44/44849/44849p.pdf |access-date=20 September 2011 |page=40 |archive-date=6 October 2011 |archive-url=https://web.archive.org/web/20111006190738/http://www.justice.gov/ndic/pubs44/44849/44849p.pdf |url-status=live }}</ref> | |||
* Bulk cash smuggling: This involves physically smuggling cash to another jurisdiction and depositing it in a financial institution, such as an ], that offers greater ] or less rigorous money laundering enforcement.<ref name="National Money Laundering Threat Assessment">{{Cite web |date=December 2005 |title=National Money Laundering Threat Assessment |url=https://www.justice.gov/dea/pubs/pressrel/011106.pdf |url-status=dead |archive-url=https://web.archive.org/web/20101017094839/http://www.justice.gov/dea/pubs/pressrel/011106.pdf |archive-date=17 October 2010 |access-date=3 March 2011 |page=33 |df=dmy-all}}</ref> | |||
* Cash-intensive businesses: In this method, a business is typically expected to receive a large proportion of its revenue as cash uses its accounts to deposit criminally derived cash. This method of money laundering often causes organized crime and ] to overlap.<ref>{{Cite web |title=Organized Crime Module 1 Key Issues: Similarities & Differences |url=https://www.unodc.org/e4j/en/organized-crime/module-1/key-issues/similarities-and-differences.html |access-date=18 December 2022 |website=www.unodc.org |archive-date=4 January 2023 |archive-url=https://web.archive.org/web/20230104032823/https://www.unodc.org/e4j/en/organized-crime/module-1/key-issues/similarities-and-differences.html |url-status=live }}</ref> Such enterprises often operate openly and in doing so generate cash revenue from incidental legitimate business in addition to the illicit cash. In such cases, the business will usually claim all cash received as legitimate earnings. Service businesses are best suited to this method, as such enterprises have little or no ]s and/or a large ratio between revenue and variable costs, which makes it difficult to detect discrepancies between revenues and costs. Examples are ], ]s, ]s, ]es, ]s, ]s, ], ]s, ], ]s, ], and ]s. | |||
* Trade-based laundering: This method is one of the newest and most complex forms of money laundering.<ref>{{Cite journal |last=Naheem |first=Mohammed Ahmad |date=2015-10-05 |title=Trade based money laundering: towards a working definition for the banking sector |journal=Journal of Money Laundering Control |language=en |volume=18 |issue=4 |pages=513–524 |doi=10.1108/JMLC-01-2015-0002 |issn=1368-5201}}</ref> This involves under- or over-valuing ]s to disguise the movement of money.<ref name="Achilles Heel">{{Cite book |last=Baker, Raymond |url=https://archive.org/details/capitalismsachil00raym |title=Capitalism's Achilles Heel |publisher=Wiley |year=2005 |isbn=9780471644880 |url-access=registration}}</ref> For example, the art market has been accused of being an ideal vehicle for money laundering due to several unique aspects of art such as the subjective value of artworks as well as the secrecy of auction houses about the identity of the buyer and seller.<ref name="Has the Art Market Become an Unwitting Partner in Crime?">{{Cite news |last=Has the Art Market Become an Unwitting Partner in Crime? |date=19 February 2017 |title=Has the Art Market Become an Unwitting Partner in Crime? |work=The New York Times |url=https://www.nytimes.com/2017/02/19/arts/design/has-the-art-market-become-an-unwitting-partner-in-crime.html |access-date=5 May 2018 |archive-date=6 May 2018 |archive-url=https://web.archive.org/web/20180506035316/https://www.nytimes.com/2017/02/19/arts/design/has-the-art-market-become-an-unwitting-partner-in-crime.html |url-status=live }}</ref> According to the ], one strategy that is favored by high-net-worth individuals is specialist storage facilities. Art kept in these spaces has been used by individuals to evade sanctions and launder the proceeds of crime.<ref>{{cite web |title=UK warns of criminal sanctions evasion through artwork storage facilities |url=https://www.nationalcrimeagency.gov.uk/news/uk-warns-of-criminal-sanctions-evasion-through-artwork-storage-facilities |website=National Crime Agency |access-date=14 July 2024}}</ref> | |||
* ] and trusts: Trusts and shell companies disguise the true owners of money. Trusts and corporate vehicles, depending on the jurisdiction, need not disclose their true owner. Sometimes referred to by the slang term ''rathole'', though that term usually refers to a person acting as the fictitious owner rather than the business entity.<ref name="FATF threat assessment">{{Cite web |last=Financial Action Task Force |title=Global Money Laundering and Terrorist Financing Threat Assessment |url=http://www.fatf-gafi.org/dataoecd/48/10/45724350.pdf |access-date=3 March 2011 |archive-date=26 July 2011 |archive-url=https://web.archive.org/web/20110726050407/http://www.fatf-gafi.org/dataoecd/48/10/45724350.pdf |url-status=dead }}</ref> | |||
* ]: Here, money is deposited in a ] offshore, preferably in a ] where minimal records are kept, and then shipped back as a ], exempt from taxation. A variant of this is to transfer money to a law firm or similar organization as funds on account of fees, then to cancel the retainer and, when the money is remitted, represent the sums received from the lawyers as a legacy under a will or proceeds of litigation.{{citation needed|date=June 2024}} | |||
* Bank capture: In this case, money launderers or criminals buy a controlling interest in a bank, preferably in a jurisdiction with weak money laundering controls, and then move money through the bank without scrutiny. | |||
* Invoice Fraud: An example is when a criminal contacts a company saying that the supplier payment details have changed. They then provide alternative, fraudulent details in order for you to pay them money.<ref>{{Cite news |last=Burton |first=Tom |title=Fraudulent invoices the new trend in business scams |agency=Financial Review |url=https://www.afr.com/politics/federal/fraudulent-invoices-the-new-trend-in-business-scams-20200623-p555dn |access-date=28 October 2021 |archive-date=28 October 2021 |archive-url=https://web.archive.org/web/20211028005704/https://www.afr.com/politics/federal/fraudulent-invoices-the-new-trend-in-business-scams-20200623-p555dn |url-status=live }}</ref> | |||
* ]s: In this method, an individual walks into a casino and buys chips with illicit cash. The individual will then play for a relatively short time. When the person cashes in the chips, they will expect to take payment in a check, or at least get a receipt so they can claim the proceeds as ] winnings.<ref name="National Money Laundering Threat Assessment" /> | |||
* Other gambling: Money is spent on gambling, preferably on high odds games. One way to minimize risk with this method is to bet on every possible outcome of some event that has many possible outcomes, so no outcome(s) have short odds, and the bettor will lose only the ] and will have one or more winning bets that can be shown as the source of money. The losing bets will remain hidden. | |||
* Black salaries: A company may have unregistered employees without written contracts and pay them cash salaries. Dirty money might be used to pay them.<ref name="Underground Economy Issues. Ontario Construction Secretariat">{{Cite web |title=Underground Economy Issues. Ontario Construction Secretariat |url=http://www.iciconstruction.com/resources/industry_publications/underground_economy_issues.cfm |url-status=dead |archive-url=https://web.archive.org/web/20101216010105/http://www.iciconstruction.com/resources/industry_publications/underground_economy_issues.cfm |archive-date=16 December 2010 |df=dmy-all}}</ref> | |||
* ]: For example, those that legalize unreported assets and cash in tax havens.<ref>{{Cite web |title=Tax amnesties turn HMRC into 'biggest money-laundering operation in history' |url=http://blogs.telegraph.co.uk/finance/ianmcowie/100011790/tax-amnesties-turn-hmrc-into-biggest-money-laundering-operation-in-history |url-status=dead |archive-url=https://web.archive.org/web/20111128103750/http://blogs.telegraph.co.uk/finance/ianmcowie/100011790/tax-amnesties-turn-hmrc-into-biggest-money-laundering-operation-in-history/ |archive-date=28 November 2011 |access-date=14 June 2013}}</ref> | |||
* Transaction Laundering: When a merchant unknowingly processes illicit credit card transactions for another business.<ref>{{Cite web |title=Merchant-based money laundering Part 3: The medium is the method - ACFCS {{!}} Association of Certified Financial Crime Specialists {{!}} A BARBRI, Inc. Company |url=https://www.acfcs.org/news/364876/Merchant-based-money-laundering-Part-3-The-medium-is-the-method.htm |access-date=2019-01-08 |website=www.acfcs.org |archive-date=1 April 2019 |archive-url=https://web.archive.org/web/20190401101454/https://www.acfcs.org/news/364876/Merchant-based-money-laundering-Part-3-The-medium-is-the-method.htm |url-status=dead }}</ref> It is a growing problem<ref>{{Cite web |title=The Growing Threat of Transaction Laundering {{!}} Legal Solutions |url=https://store.legal.thomsonreuters.com/law-products/solutions/clear-investigation-software/anti-money-laundering/the-growing-threat-of-transaction-laundering |access-date=2019-01-08 |website=store.legal.thomsonreuters.com |archive-date=8 January 2019 |archive-url=https://web.archive.org/web/20190108201017/https://store.legal.thomsonreuters.com/law-products/solutions/clear-investigation-software/anti-money-laundering/the-growing-threat-of-transaction-laundering |url-status=live }}</ref><ref>{{Cite web |title=Transaction laundering in 2019 – time to review the monitoring strategy {{!}} The Paypers |url=https://www.thepaypers.com/expert-opinion/transaction-laundering-in-2019-time-to-review-the-monitoring-strategy/776727 |access-date=2019-01-09 |website=www.thepaypers.com |language=en |archive-date=14 July 2020 |archive-url=https://web.archive.org/web/20200714025734/https://thepaypers.com/expert-opinion/transaction-laundering-in-2019-time-to-review-the-monitoring-strategy/776727 |url-status=live }}</ref> and recognised as distinct from traditional money laundering in using the payments ecosystem to hide that the transaction even occurred<ref>{{Cite web |date=2018-04-26 |title=Transaction Laundering: Growing Fraud Risk for Merchants |url=https://www.threatmetrix.com/digital-identity-blog/fraud-prevention/transaction-laundering-a-growing-fraud-risk-for-merchants/ |access-date=2019-01-08 |website=ThreatMetrix |language=en-US |archive-date=8 January 2019 |archive-url=https://web.archive.org/web/20190108201111/https://www.threatmetrix.com/digital-identity-blog/fraud-prevention/transaction-laundering-a-growing-fraud-risk-for-merchants/ |url-status=live }}</ref> (e.g. the use of fake front websites<ref>{{Cite news |date=2017-06-22 |title=Exclusive: Fake online stores reveal gamblers' shadow banking system |language=en |work=Reuters |url=https://www.reuters.com/article/us-gambling-usa-dummies-exclusive-idUSKBN19D137 |access-date=2019-01-08 |archive-date=9 January 2019 |archive-url=https://web.archive.org/web/20190109011840/https://www.reuters.com/article/us-gambling-usa-dummies-exclusive-idUSKBN19D137 |url-status=live }}</ref>). Also known as "undisclosed aggregation" or "factoring".<ref>{{Cite web |title=G2 Transaction Laundering Detection |url=https://www.g2webservices.com/acquiring/g2-portfolio-protection/transaction-laundering/ |access-date=2019-01-08 |website=G2 Web Services |language=en-US |archive-date=8 January 2019 |archive-url=https://web.archive.org/web/20190108201154/https://www.g2webservices.com/acquiring/g2-portfolio-protection/transaction-laundering/ |url-status=dead }}</ref><ref>{{Cite web |last=((raytodd2017)) |date=2018-09-17 |title=Transaction laundering and high-risk payment processors |url=https://raytodd.blog/2018/09/17/transaction-laundering-and-high-risk-payment-processors/ |access-date=2019-01-08 |website=raytodd.blog |language=en |archive-date=9 January 2019 |archive-url=https://web.archive.org/web/20190109011803/https://raytodd.blog/2018/09/17/transaction-laundering-and-high-risk-payment-processors/ |url-status=dead }}</ref> | |||
* Online job marketplaces such as ] and ], which accept funds from clients and hold them in ] to pay freelancers. A money launderer can post a token job on one of these sites, and send the money for the site to hold in escrow. The launderer (or his associate) can then sign on as a freelancer (using a different account and IP address), accept and complete the job, and be paid the funds.<ref name="Wired.uk">{{Cite magazine |last=Solon |first=Olivia |date=October 21, 2013 |url-access=subscription |title=Cybercriminals launder money using in-game currencies |url=https://www.wired.co.uk/news/archive/2013-10/21/money-laundering-online |magazine=Wired |access-date=22 October 2013 |url-status=live |archive-url=https://web.archive.org/web/20131024160117/https://www.wired.co.uk/news/archive/2013-10/21/money-laundering-online |archive-date= Oct 24, 2013 }}</ref> | |||
* Through Sports: Investigation teams have identified sport profits as a common way to launder money. In Latin America, in particular, drug traffickers are frequently found to own Soccer Clubs, and to launder money through their intermediate, by buying and selling players, selling tickets and merchandise<ref>{{Cite news |title=As a trafficker pursued dreams of soccer glory, investigators closed in |newspaper=] |url=https://www.washingtonpost.com/world/interactive/2024/sebastian-marset-cocaine-investigation-soccer-football/?itid=cb_box_62WJAQCON5EX7BW7QDNOUCKHWE_1 |last=Sieff |first=Kevin |date=2024-07-18 |quote='They buy a Colombian player from a very low-level soccer team and then take him to play in the Croatian Soccer League. But they sell him for 100 times or 200 times more than what he cost,' said a Colombian police official |author-link=Kevin Sieff}}</ref> | |||
=== |
====Digital electronic money==== | ||
{{see also|Cryptocurrency and crime}} | |||
One method of keeping this small change private would be for an individual to give money to an intermediary or intermediaries who is/are already legitimately taking in a certain amounts of cash. The intermediary or intermediaries would then deposit that money into an account or accounts, take a premium, and write a cheque to the individual. Thus, the individual draws no attention to himself, and can deposit his cheque into a bank account or accounts without drawing suspicion. This works well for ''one-off'' transactions, but if it occurs on a regular basis then the cheque deposits themselves will form a ] and could raise suspicions. | |||
In theory, ] should provide as easy a method of transferring value without revealing identity as untracked banknotes, especially wire transfers involving anonymity-protecting numbered bank accounts. In practice, however, the record-keeping capabilities of Internet service providers and other network resource maintainers tend to frustrate that intention. While some ] under recent development have aimed to provide more possibilities of transaction anonymity for various reasons, the degree to which they succeed — and, in consequence, the degree to which they offer benefits for money laundering efforts — is controversial. Solutions such as ] and ] ― known as ''privacy coins''<ref>{{Cite book |last1=Larkin |first1=Charles |title=Understanding Cryptocurrency Fraud. The challenges and headwinds to regulate digital currencies |last2=Pearce |first2=Nick |last3=Shannon |first3=Nadine |date=2022 |publisher=De Gruyter |isbn=978-3-11-071688-7 |editor-last=Corbet |editor-first=Shaen |location=Boston/Berlin |pages=141 f |chapter=Criminality and cryptocurrencies: Enforcement and policy responses – Part II}}</ref> ― are examples of cryptocurrencies that provide unlinkable anonymity via proofs and/or obfuscation of information (]s).<ref>Cf. {{Cite journal |last1=Kethineni |first1=Sesha |last2=Cao |first2=Ying |date=2020 |title=The Rise in Popularity of Cryptocurrency and Associated Criminal Activity |journal=International Criminal Justice Review |volume=30 |issue=3 |pages=334 |doi=10.1177/1057567719827051|s2cid=150755683 }}</ref> While not suitable for large-scale crimes, privacy coins like Monero are suitable for laundering money made through small-scale crimes.<ref>{{Cite book |last=Hou |first=Greg |title=Understanding Cryptocurrency Fraud. The challenges and headwinds to regulate digital currencies |date=2022 |publisher=De Gruyter |isbn=978-3-11-071688-7 |editor-last=Corbet |editor-first=Shaen |location=Boston/Berlin |pages=88 |chapter=Cryptocurrency money laundering and exit scams: Cases, regulatory responses and issue}}</ref> | |||
===Captive business=== | |||
Another method involves establishing a business whose cash inflow cannot be monitored, and funneling the small change into this business and paying taxes on it. All bank employees however are trained to be constantly on the lookout for any transactions which appear to be an attempt to get around the currency reporting requirements. Such ] should deal directly with the public, perform some service-related activity as opposed to providing physical goods, and reasonably accept cash as a matter of business. Dealing directly with the public ensures plausible anonymity of source. An example of a legitimate business displaying plausible anonymity of source would be a hairstylist or a restaurant or an auction. Since it would be unreasonable for them to keep track of the identity of their customers, a record of their transaction amounts must be ostensibly accepted as ''primae facia'' evidence of actual financial activity. Service-related businesses have the advantage of anonymity of resources. A business that sells computers has to account for where it actually got the computers, whereas a plumbing company merely has to account for fictitious labor. Reasonably accepting cash means the business must regularly perform services that total less than $500 on average, since above that amount most people pay with a check, credit card, or other traceable payment method. The company should actually function on a legitimate level. In the plumbing company example, it is perfectly reasonable for a lot of the business to involve only labor (no parts), and for some business to be paid for in cash, but it is unreasonable for all of their business to involve no parts and only cash payment. Therefore the legitimate business will generate a legitimate level of parts usage, as well as enough traceable transactions to mask the illegitimate ones. Each of the above examples is flawed in one or more ways and serves only to illustrate the specific feature being discussed. The hairstylist example is flawed because the hairsylist would have to account for their employees, while plumbers usually provide warranties on their work, which necessarily includes the names and addresses of the customers. | |||
Apart from traditional cryptocurrencies, ]s (NFTs) are also commonly used in connection with money laundering activities.<ref>{{Cite report |url=https://rusi.org/explore-our-research/publications/commentary/nfts-new-frontier-money-laundering |title=NFTs: A New Frontier for Money Laundering? |last1=Owen |first1=Allison |last2=Chase |first2=Isabella |date=2 December 2021 |publisher=Royal United Services Institute |access-date=12 January 2023 |archive-date=16 January 2022 |archive-url=https://web.archive.org/web/20220116131322/https://rusi.org/explore-our-research/publications/commentary/nfts-new-frontier-money-laundering/ |url-status=live }}</ref> NFTs are often used to perform ] by creating several different ] for one individual, generating several fictitious sales and consequently selling the respective NFT to a third party.<ref>{{Cite report |url=https://home.treasury.gov/system/files/136/Treasury_Study_WoA.pdf |title=Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art |publisher=] |page=27 |access-date=12 January 2023 |year=2022 |archive-date=13 April 2022 |archive-url=https://web.archive.org/web/20220413071205/https://home.treasury.gov/system/files/136/Treasury_Study_WoA.pdf |url-status=live }}</ref> According to a report by ], these types of wash trades are becoming increasingly popular among money launderers especially due to the largely anonymous nature of transactions on NFT marketplaces.<ref>{{Cite web |last=Quiroz-Gutierrez |first=Marco |date=4 February 2022 |title=A handful of NFT users are making big money off of a stealth scam. Here's how 'wash trading' works |url=https://fortune.com/2022/02/04/nft-wash-trade-scam-millions/ |access-date=12 January 2023 |website=Fortune |archive-date=15 December 2022 |archive-url=https://web.archive.org/web/20221215090338/https://fortune.com/2022/02/04/nft-wash-trade-scam-millions/ |url-status=live }}</ref><ref>{{Cite web |date=2 February 2022 |title=Crime and NFTs: Chainalysis Detects Significant Wash Trading and Some NFT Money Laundering In this Emerging Asset Class |url=https://blog.chainalysis.com/reports/2022-crypto-crime-report-preview-nft-wash-trading-money-laundering/ |access-date=12 January 2023 |publisher=Chainalysis |archive-date=6 December 2022 |archive-url=https://web.archive.org/web/20221206010533/https://blog.chainalysis.com/reports/2022-crypto-crime-report-preview-nft-wash-trading-money-laundering/ |url-status=live }}</ref> Auction platforms for NFT sales may face regulatory pressure to comply with anti-money laundering legislation.<ref>Cf. {{Cite report |url=https://home.treasury.gov/system/files/136/Treasury_Study_WoA.pdf |title=Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art |publisher=United States Department of the Treasury |page=26 |access-date=12 January 2023 |year=2022 |archive-date=13 April 2022 |archive-url=https://web.archive.org/web/20220413071205/https://home.treasury.gov/system/files/136/Treasury_Study_WoA.pdf |url-status=live }}</ref> | |||
Some politicians and lobbyists also launder money by setting up personal non-profits to move money between trusted organizations so that donations from inappropriate sources may be illegally used for personal gain. | |||
Additionally, ] have been increasingly used by cybercriminals over the past decade to launder funds.<ref>{{Cite web |last=Team |first=Chainalysis |date=2022-07-14 |title=Mixer Usage Reaches All-time Highs in 2022 |url=https://blog.chainalysis.com/reports/crypto-mixer-criminal-volume-2022/ |access-date=2023-04-23 |website=Chainalysis |language=en-US |archive-date=23 April 2023 |archive-url=https://web.archive.org/web/20230423003145/https://blog.chainalysis.com/reports/crypto-mixer-criminal-volume-2022/ |url-status=live }}</ref> A mixer blends the cryptocurrencies of many users together to obfuscate the origins and owners of funds, enabling a greater degree of privacy on public blockchains like ] and ].<ref>{{Cite web |last=Team |first=Chainalysis |date=2022-08-23 |title=Crypto Mixers and AML Compliance |url=https://blog.chainalysis.com/reports/crypto-mixers/ |access-date=2023-04-23 |website=Chainalysis |language=en-US |archive-date=23 April 2023 |archive-url=https://web.archive.org/web/20230423003143/https://blog.chainalysis.com/reports/crypto-mixers/ |url-status=live }}</ref> Although not explicitly illegal in many jurisdictions, the legality of mixers is controversial.<ref>{{Cite news |last=Yaffe-Bellany |first=David |date=2022-09-08 |title=Investors Sue Treasury Department for Blacklisting Crypto Platform |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/09/08/business/tornado-cash-treasury-sued.html |access-date=2023-04-23 |issn=0362-4331 |archive-date=23 April 2023 |archive-url=https://web.archive.org/web/20230423003142/https://www.nytimes.com/2022/09/08/business/tornado-cash-treasury-sued.html |url-status=live }}</ref> The use of the mixer ] in the laundering of funds by the ] led the ] to sanction it, prompting some users to sue the Treasury Department.<ref>{{Cite web |last=Yaffe-Bellany |first=David |date=8 September 2022 |title=Investors Sue Treasury Department for Blacklisting Crypto Platform |url=https://www.nytimes.com/2022/09/08/business/tornado-cash-treasury-sued.html |access-date=22 April 2023 |website=The New York Times |archive-date=23 April 2023 |archive-url=https://web.archive.org/web/20230423003142/https://www.nytimes.com/2022/09/08/business/tornado-cash-treasury-sued.html |url-status=live }}</ref> Proponents have argued mixers allow users to protect their privacy and that the government lacks the authority to restrict access to decentralized software. In the United States, ] requires mixers to register as money service businesses.<ref>{{Cite web |last=Network |first=Financial Crimes Enforcement |date=9 May 2019 |title=Application of FinCEN's Regulations to Certain Business Models Involving Convertible Virtual Currencies |url=https://www.fincen.gov/resources/statutes-regulations/guidance/application-fincens-regulations-certain-business-models |access-date=22 April 2023 |website=fincen.gov |archive-date=23 April 2023 |archive-url=https://web.archive.org/web/20230423003145/https://www.fincen.gov/resources/statutes-regulations/guidance/application-fincens-regulations-certain-business-models |url-status=live }}</ref> | |||
==Legal considerations== | |||
Many jurisdictions adopt a list of specific predicate crimes for money laundering prosecutions as a "self launderer" (the UK has an "all-crimes" regime). In addition, AML/CFT laws typically have other offences such as "tipping off", "willfull blindness", not reporting suspicious activity, and conscious facilitation of a money launderer/terrorist financier to move his/her monies. | |||
In 2013, ], a research fellow at ] ISIS, surveyed new techniques that cybercriminals were using in a report written for the ].<ref name="Jean-Loup Richet">{{Cite arXiv |eprint=1310.2368 |class=cs.CY |author=Richet, Jean-Loup |title=Laundering Money Online: a review of cybercriminals methods |date=June 2013}}</ref> A common approach was to use a ] service which converted dollars into a digital currency called ], and could be sent and received anonymously. The receiver could convert the Liberty Reserve currency back into cash for a small fee. In May 2013, the US authorities shut down Liberty Reserve, charging its founder and various others with money laundering.<ref name="Wired">{{Cite magazine |last=Zetter, Kim |date=May 2013 |title=Liberty Reserve founder indicted on $6 billion money-laundering charges |url=https://www.wired.com/threatlevel/2013/05/liberty-reserve-indicted/ |magazine=Wired |access-date=20 October 2013 |archive-date=26 October 2013 |archive-url=https://web.archive.org/web/20131026031250/http://www.wired.com/threatlevel/2013/05/liberty-reserve-indicted |url-status=live }}</ref> | |||
===UK legislation=== | |||
The 'money laundering' legislation in the United Kingdom, under Sections 327 to 340 of the Proceeds of Crime Act 2002 (PoCA), is wide-ranging and encompasses mere possession of criminal or terrorist property as well as its acquisition, transfer, removal, use, conversion, concealment or disguise <ref> </ref>. In the UK 'money laundering' need not involve money (it relates to assets of any kind, both tangible and intangible, and to the avoidance of a liability) and need not involve laundering either (a thief's possession of the assets he himself stole is included). There is no lower limit to what has to be reported - a suspicious transaction involving a single £5 note may be required to be reported. All persons (not just financial services employees and firms) are technically required to report, and obtain consent for, their own involvement in crime or suspicious activities involving money or assets of any kind. So in the UK a thief who steals a vest from a clothes store commits a 'money laundering' offence because he has possession of an asset derived from crime. He is technically required to seek consent from law enforcement for his continued possession of the vest if he is to avoid risk of prosecution for 'money laundering'. | |||
Another increasingly common way of laundering money is to use online gaming. In a growing number of online games, such as '']'' and ''],'' it is possible to ] that can later be converted back into money.<ref name="Wired.uk" /> | |||
The UK legislation also creates a money laundering offence where a person enters into, or becomes concerned in, an arrangement which facilitates (by whatever means) the acquisition, retention, use or control of criminal property by another person. This has impacted upon lawyers and other professional advisers in the UK who act for a client whom they suspect may possess criminal property of any kind. | |||
To avoid the usage of decentralized digital money such as ] for the profit of crime and corruption, Australia is planning to strengthen the nation's anti-money laundering laws.<ref name="ABC">{{Cite news |date=22 October 2017 |title=Bitcoin one step closer to being regulated in Australia under new anti-money laundering laws |work=ABC News |url=http://www.abc.net.au/news/2017-10-23/bitcoin-one-step-closer-to-being-regulated-in-australia/9058582 |access-date=18 Dec 2017 |archive-date=17 December 2017 |archive-url=https://web.archive.org/web/20171217183707/http://www.abc.net.au/news/2017-10-23/bitcoin-one-step-closer-to-being-regulated-in-australia/9058582 |url-status=live }}</ref> The characteristics of Bitcoin—it is completely deterministic, protocol-based and can be difficult to censor{{citation needed|date=August 2019}}—make it possible to circumvent national laws using services like ] to obfuscate transaction origins. Bitcoin relies completely on cryptography, not on a central entity running under a ] framework. There are several cases in which criminals have cashed out a significant amount of ] after ransomware attacks, drug dealings, cyber fraud and gunrunning.<ref name="cnbc.com">{{Cite web |date=3 August 2017 |title=Hackers have cashed out on $143,000 of bitcoin from the massive WannaCry ransomware attack |url=https://www.cnbc.com/2017/08/03/hackers-have-cashed-out-on-143000-of-bitcoin-from-the-massive-wannacry-ransomware-attack.html |access-date=18 Dec 2017 |website=] |archive-date=27 January 2018 |archive-url=https://web.archive.org/web/20180127143206/https://www.cnbc.com/2017/08/03/hackers-have-cashed-out-on-143000-of-bitcoin-from-the-massive-wannacry-ransomware-attack.html |url-status=live }}</ref> However, many digital currency exchanges are now operating KYC programs under threat of regulation from the jurisdictions they operate.<ref>{{Cite news |date=2015-04-23 |title=Bitcoin Island: cleaning up the crypto currency |language=en-GB |work=BBC News |url=https://www.bbc.com/news/business-32394170 |access-date=2021-02-17 |archive-date=9 April 2021 |archive-url=https://web.archive.org/web/20210409220802/https://www.bbc.com/news/business-32394170 |url-status=live }}</ref><ref>{{Cite web |last=Bharathan |first=Vipin |title=Central Bankers And Crypto-Twitter Perennially In Opposition; Analysis Of Scale Of Crypto-Crime And The Prospect For Regulation |url=https://www.forbes.com/sites/vipinbharathan/2021/01/22/central-bankers-and-crypto-twitter-perennially-in-opposition-analysis-of-scale-of-crypto-crime-and-the-prospect-for-regulation/ |access-date=2021-02-17 |website=Forbes |language=en |archive-date=25 February 2021 |archive-url=https://web.archive.org/web/20210225204819/https://www.forbes.com/sites/vipinbharathan/2021/01/22/central-bankers-and-crypto-twitter-perennially-in-opposition-analysis-of-scale-of-crypto-crime-and-the-prospect-for-regulation/ |url-status=live }}</ref> | |||
Because the UK legislation is wide ranging the UK FIU authority, the ], receives a large volume of suspicious activity reports (SARs) - in 2005 just under 200,000 SARs were received. The number of SARs received appears to be growing by almost 50% each year. | |||
====Reverse money laundering==== | |||
The UK legislation was relaxed slightly in 2005 to allow banks and financial institutions to proceed with low value transactions involving suspected criminal property without requiring specific consent for every transaction (but the reporting of all transactions is still required). | |||
{{see also|Hawala and crime}} | |||
Reverse money laundering is a process that disguises a legitimate source of funds that are to be used for illegal purposes.<ref name="REVERSE LAUNDERING">{{Cite web |last=International Federation of Accountants |title=Anti-Money Laundering |url=http://www.ifac.org/sites/default/files/publications/files/anti-money-laundering-2n.pdf |access-date=27 March 2014 |archive-date=28 March 2014 |archive-url=https://web.archive.org/web/20140328133527/http://www.ifac.org/sites/default/files/publications/files/anti-money-laundering-2n.pdf |url-status=dead }}</ref> It is usually perpetrated for the purpose of financing terrorism<ref>{{Cite journal |last=Cassella |first=S.D. |year=2003 |title=Reverse money laundering |journal=Journal of Money Laundering Control |volume=7 |issue=1 |pages=92–94 |doi=10.1108/13685200410809814}}</ref> but can be also used by criminal organizations that have invested in legal businesses and would like to withdraw legitimate funds from official circulation. Unaccounted cash received via disguising financial transactions is not included in official financial reporting and could be used to evade taxes, hand in bribes and pay "under-the-table" salaries.<ref>{{Cite journal |last=Zabyelina |first=Yuliya |year=2015 |title=Reverse money laundering in Russia: Clean cash for dirty ends |journal=Journal of Money Laundering Control |volume=18 |issue=2 |pages=202–221 |doi=10.1108/JMLC-10-2014-0039}}</ref> For example, in an affidavit filed on 24 March 2014 in ], San Francisco Division, FBI special agent Emmanuel V. Pascua alleged that several people associated with the ] organization, and California State Senator ], engaged in reverse money laundering activities. | |||
===USA legislation=== | |||
The problem of such fraudulent encashment practices (''obnalichka'' in Russian) has become acute in Russia and other countries of the former Soviet Union. The Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG) reported that the Russian Federation, Ukraine, Turkey, Serbia, Kyrgyzstan, Uzbekistan, Armenia and Kazakhstan have encountered a substantial shrinkage of tax base and shifting money supply balance in favor of cash. These processes have complicated the planning and management of the economy and contributed to the growth of the ].<ref>EAG. " {{Webarchive|url=https://web.archive.org/web/20171013064519/http://eurasiangroup.org/WGTYP_2012_10_eng.pdf |date=13 October 2017 }}", 17th Plenary Meeting of the Eurasian Group on Combating Money Laundering and Financing of Terrorism, 28 December 2012, New Delhi.</ref> | |||
In the United States, Federal law provides (in part): "Whoever knowing conducts or attempts to conduct a financial transaction which in fact involves the proceeds of specified unlawful activity with the intent to promote the carrying on of specified unlawful activity shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both."<ref>See {{usc|18|1956(a)}}. | |||
</ref> | |||
=== |
===Magnitude=== | ||
Many regulatory and governmental authorities issue estimates each year for the amount of money laundered, either worldwide or within their national economy. In 1996, a spokesperson for the ] estimated that 2–5% of the worldwide global economy involved laundered money.<ref>{{Cite news |title=Money Laundering: the Importance of International Countermeasures--Address by Michel Camdessus |language=en |work=IMF |url=https://www.imf.org/en/News/Articles/2015/09/28/04/53/sp021098 |access-date=2018-03-02 |archive-date=23 May 2018 |archive-url=https://web.archive.org/web/20180523200844/https://www.imf.org/en/News/Articles/2015/09/28/04/53/sp021098 |url-status=live }}</ref> The ] (FATF), an intergovernmental body set up to combat money laundering, stated, "Due to the illegal nature of the transactions, precise statistics are not available and it is therefore impossible to produce a definitive estimate of the amount of money that is globally laundered every year. The FATF therefore does not publish any figures in this regard."<ref name="FATF FAQ">{{Cite web |last=Financial Action Task Force |title=Money Laundering - Financial Action Task Force |url=http://www.fatf-gafi.org/faq/moneylaundering/ |access-date=26 October 2018 |archive-date=23 May 2018 |archive-url=https://web.archive.org/web/20180523201256/http://www.fatf-gafi.org/faq/moneylaundering/ |url-status=dead }}</ref> Academic commentators have likewise been unable to estimate the volume of money with any degree of assurance.<ref name="chasing dirty money" /> Various estimates of the scale of global money laundering are sometimes repeated often enough to make some people regard them as factual—but no researcher has overcome the inherent difficulty of measuring an actively concealed practice. | |||
Regardless of the difficulty in measurement, the amount of money laundered each year is in the ] of US dollars and poses a significant policy concern for governments.<ref name="chasing dirty money" /> As a result, governments and international bodies have undertaken efforts to deter, prevent, and apprehend money launderers. Financial institutions have likewise undertaken efforts to prevent and detect transactions involving dirty money, both as a result of government requirements and to avoid the reputational risk involved. Issues relating to money laundering have existed as long as there have been ]. Modern anti-money laundering laws have developed along with the modern ].<ref>For example, under UK law the first offences created for money laundering both related to the proceeds from the sale of illegal narcotics under the Criminal Justice Act 1988 and then later under the Drug Trafficking Act 1994.</ref> In more recent times anti-money laundering legislation is seen as an adjunct to the financial crime of ] in that both crimes usually involve the transmission of funds through the financial system (although money laundering relates to where the money has come ''from'', and terrorist financing relating to where the money is going ''to''). Finally, people, vessels, organisations and governments can be sanctioned due to international law-breaking, war (and of course tit-for-tat sanctions), and still want to move funds into markets where they are '']''. | |||
] passed their first anti-money laundering law on October 31, 2006. Effective January 1, 2007, the ] and its local branches oversee money laundering supervision and administration and all financial institutions are to have anti-money laundering departments. These departments are to monitor their institutions' financial transactions and investigate and report any suspicious activity. | |||
Transaction laundering is a massive and growing problem.<ref>{{Cite news |date=2017-09-27 |title=Transaction laundering should be a top priority for regulators in 2018 |work=Financial Times |url=https://ftalphaville.ft.com/2017/09/27/2193969/transaction-laundering-should-be-a-top-priority-for-regulators-in-2018/ |access-date=2019-01-10 |archive-date=10 January 2019 |archive-url=https://web.archive.org/web/20190110183657/https://ftalphaville.ft.com/2017/09/27/2193969/transaction-laundering-should-be-a-top-priority-for-regulators-in-2018/ |url-status=live }}</ref> Finextra estimated that transaction laundering accounted for over $200 billion in the US in 2017 alone, with over $6 billion of these sales involving illicit goods or services, sold by nearly 335,000 unregistered merchants.<ref>{{Cite web |date=2017-07-17 |title=Online Payments-the Blind Spot in the AML Regime |url=https://www.finextra.com/blogposting/14298/online-payments-the-blind-spot-in-the-aml-regime |access-date=2019-01-10 |website=Finextra Research |language=en |archive-date=10 January 2019 |archive-url=https://web.archive.org/web/20190110184332/https://www.finextra.com/blogposting/14298/online-payments-the-blind-spot-in-the-aml-regime |url-status=live }}</ref> Money laundering can erode ].<ref name="v890">{{cite journal | last1=Demetriades | first1=Panicos | last2=Vassileva | first2=Radosveta | title=Money Laundering and Central Bank Governance in The European Union | journal=Journal of International Economic Law | volume=23 | issue=2 | date=17 August 2020 | issn=1369-3034 | doi=10.1093/jiel/jgaa011 | pages=509–533}}</ref><ref name="f925">{{cite journal | last1=Walker | first1=Christopher | last2=Aten | first2=Melissa | title=The Rise of Kleptocracy: A Challenge For Democracy | journal=Journal of Democracy | volume=29 | issue=1 | date=2018 | issn=1086-3214 | doi=10.1353/jod.2018.0001 | pages=20–24}}</ref> | |||
==Fighting money laundering== | |||
The prime method of anti-money laundering is the requirement on financial intermediaries to know their customers - usually termed KYC (know your customer) requirements. With a good knowledge of their customers, financial intermediaries will often be able to identify unusual or suspicious behavior, including false identities, unusual transactions, changing behavior or other indicators that laundering may be occurring. | |||
==Notable cases== | |||
===Using information technology === | |||
{{Cleanup list|section|date=October 2024}} | |||
Information technology can never be a replacement for a well trained officer, but as money laundering techniques become more sophisticated, so too is the technology used to fight it. Early anti-money laundering programs flagged transactions exceeding a certain amount. This proved to be ineffective because money launderers soon adjusted their schemes to avoid detection. | |||
], Contribution Laundering/Third-Party Transfers. Includes investigation of ].]] | |||
<!---♦♦♦ Please respect alphabetical order -♦♦♦ --> | |||
* ]: Unknown amount, estimated in billions, of criminal proceeds, including drug trafficking money, laundered during the mid-1980s.<ref>{{cite web |title=The Dictator-Run Bank That Tells the Story of America's Foreign Corruption |url=https://foreignpolicy.com/2020/07/07/the-dictator-run-bank-that-tells-the-story-of-americas-foreign-corruption/ |website=Foreign Policy |access-date=29 October 2024}}</ref> | |||
* ]: US$7 ] of Russian ] laundered through accounts controlled by bank executives, the late 1990s.<ref>{{Cite news |last=O'Brien |first=Timothy L. |date=9 November 2005 |title=Bank of New York Settles Money Laundering Case |work=] |url=https://www.nytimes.com/2005/11/09/business/09bank.html |access-date=3 March 2011 |archive-date=18 June 2024 |archive-url=https://web.archive.org/web/20240618214606/https://www.nytimes.com/2005/11/09/business/bank-settles-us-inquiry-into-money-laundering.html |url-status=live }}</ref> | |||
* ], in June 2014, pleaded guilty to falsifying ] and ], having violated ] against Cuba, Iran, and Sudan. It agreed to pay an $8.9 billion fine, the largest ever for violating U.S. sanctions.<ref name="nytimes bnp admits guilt" /><ref>{{Cite web |title=FBI — Bank Guilty of Violating U.S. Economic Sanctions |url=https://www.fbi.gov/news/stories/2014/july/bank-guilty-of-violating-u.s.-economic-sanctions/ |url-status=dead |archive-url=https://web.archive.org/web/20140715004002/http://www.fbi.gov/news/stories/2014/july/bank-guilty-of-violating-u.s.-economic-sanctions/ |archive-date=15 July 2014 |access-date=14 July 2014 |publisher=Fbi.gov}}</ref> | |||
* ], in May 2017, was shut down by the ] for serious breaches of anti-money laundering requirements, poor management oversight of the bank's operations, and gross misconduct of some of the bank's staff.<ref>{{Cite web |title=MAS directs BSI Bank to shut down in Singapore |url=http://www.mas.gov.sg/News-and-Publications/Media-Releases/2016/MAS-directs-BSI-Bank-to-shut-down-in-Singapore.aspx |access-date=2019-01-23 |website=www.mas.gov.sg |archive-date=29 July 2016 |archive-url=https://web.archive.org/web/20160729063230/http://www.mas.gov.sg/News-and-Publications/Media-Releases/2016/MAS-directs-BSI-Bank-to-shut-down-in-Singapore.aspx |url-status=live }}</ref> | |||
* ]: $6 billion of bank funds embezzled or fraudulently loaned to shell companies and offshore holdings by the bank's former chairman and CEO ].<ref name="EWHC2788">{{Cite web |title= EWHC 2788 (Comm) |url=http://www.bailii.org/ew/cases/EWHC/Comm/2014/2788.html |website=BAILII |access-date=31 July 2018 |archive-date=9 July 2018 |archive-url=https://web.archive.org/web/20180709164004/http://www.bailii.org/ew/cases/EWHC/Comm/2014/2788.html |url-status=live }}</ref> | |||
* ]: Charter House Bank in Kenya was placed under statutory management in 2006 by the ] after it was discovered the bank was being used for money laundering activities by multiple accounts containing missing customer information. More than $1.5 billion had been laundered before the scam was uncovered.<ref>{{Cite web |last1=Bagnoli |first1=Lorenzo |last2=Bodrero |first2=Lorenzo |date=16 April 2015 |title=Charter House Bank: A Money Laundering Machine |url=https://correctiv.org/en/investigations/mafia-africa/articles/2015/04/16/charter-house-bank-money-laundering-machine/ |website=CORRECTIV |access-date=2 October 2017 |archive-date=17 July 2018 |archive-url=https://web.archive.org/web/20180717144739/https://correctiv.org/en/investigations/mafia-africa/articles/2015/04/16/charter-house-bank-money-laundering-machine/ |url-status=live }}</ref> | |||
* ] + ]: $30 billion – $230 billion US dollars ].<ref>{{Cite web |title=Danske Bank reveals Estonian branch may have laundered $230 billion as CEO steps down - ACFCS {{!}} Association of Certified Financial Crime Specialists {{!}} A BARBRI, Inc. Company |url=https://www.acfcs.org/news/419424/Danske-Bank-reveals-Estonian-branch-may-have-laundered-230-billion-as-CEO-steps-down.htm |access-date=2019-01-23 |website=www.acfcs.org |archive-date=23 January 2019 |archive-url=https://web.archive.org/web/20190123223844/https://www.acfcs.org/news/419424/Danske-Bank-reveals-Estonian-branch-may-have-laundered-230-billion-as-CEO-steps-down.htm |url-status=dead }}</ref><ref>{{Cite web |last=PYMNTS |date=2018-10-23 |title=Danske Handled $1T Plus In X-Border Payments |url=https://www.pymnts.com/news/security-and-risk/2018/danske-cross-border-payments/ |access-date=2019-01-23 |website=PYMNTS.com |language=en-US |archive-date=23 January 2019 |archive-url=https://web.archive.org/web/20190123230824/https://www.pymnts.com/news/security-and-risk/2018/danske-cross-border-payments/ |url-status=live }}</ref><ref>{{Cite web |date=2018-10-15 |title=Danske Bank, Estonia – a technical review of the latest leak of data |url=https://grahambarrow.com/danske-bank-estonia-a-technical-review-of-the-latest-leak-of-data/ |access-date=2019-02-12 |website=GrahamBarrow.com |language=en |archive-date=13 February 2019 |archive-url=https://web.archive.org/web/20190213005544/https://grahambarrow.com/danske-bank-estonia-a-technical-review-of-the-latest-leak-of-data/ |url-status=usurped }}</ref> This was revealed on 19 September 2018.<ref>{{Cite web |title=Investigations into Danske Bank's Estonian branch {{!}} Danske Bank |url=https://danskebank.com/about-us/corporate-governance/investigations-on-money-laundering |access-date=2019-02-08 |website=danskebank.com |language=en |archive-date=11 July 2018 |archive-url=https://web.archive.org/web/20180711134712/https://danskebank.com/about-us/corporate-governance/investigations-on-money-laundering |url-status=live }}</ref> Investigations by Denmark, Estonia, the U.K. and the U.S. were joined by France in February 2019. On 19 February 2019, Danske Bank announced that it would cease operating in Russia and the Baltic States.<ref>{{Cite news |last1=Rubenfeld |first1=Samuel |last2=Chopping |first2=Dominic |date=2019-02-19 |title=Danske Bank to Shut Estonia Branch |language=en-US |work=] |url=https://www.wsj.com/articles/danske-bank-to-shut-estonia-branch-11550595242 |access-date=2019-02-20 |issn=0099-9660 |archive-date=20 February 2019 |archive-url=https://web.archive.org/web/20190220073656/https://www.wsj.com/articles/danske-bank-to-shut-estonia-branch-11550595242 |url-status=live }}</ref><ref>{{Cite news |date=2019-02-19 |title=Danske Bank pulls out of Russia, Baltics after money-laundering backlash |language=en |work=Reuters |url=https://www.reuters.com/article/us-danske-bank-eu-regulator-idUSKCN1Q813R |access-date=2019-02-20 |archive-date=20 February 2019 |archive-url=https://web.archive.org/web/20190220200004/https://www.reuters.com/article/us-danske-bank-eu-regulator-idUSKCN1Q813R |url-status=live }}</ref> This statement came shortly after Estonia's banking regulator Finantsinspektsioon<ref>{{Cite web |title=Finantsinspektsioon {{!}} Avaleht |url=https://www.fi.ee/et |access-date=2019-02-20 |website=www.fi.ee |language=et |archive-date=20 February 2019 |archive-url=https://web.archive.org/web/20190220092629/https://www.fi.ee/et |url-status=live }}</ref> announced that they would close the Estonian branch of Danske Bank.<ref>{{Cite web |date=2019-02-19 |title=Estonia shuts Danske Bank branch at heart of money laundering saga |url=https://www.cnbc.com/2019/02/19/estonia-shuts-danske-bank-branch-at-heart-of-money-laundering-saga.html |access-date=2019-02-20 |website=CNBC |agency=Reuters |archive-date=20 February 2019 |archive-url=https://web.archive.org/web/20190220160415/https://www.cnbc.com/2019/02/19/estonia-shuts-danske-bank-branch-at-heart-of-money-laundering-saga.html |url-status=live }}</ref> The investigation has grown to include Swedbank, which may have laundered $4.3 billion.<ref>{{Cite news |date=20 February 2019 |title=Swedbank May Have Handled More Than $4.3 Billion in Dirty Money |work=Bloomberg.com |url=https://www.bloomberg.com/news/articles/2019-02-20/swedbank-reportedly-behind-4-3-billion-in-suspicious-transfers |access-date=2019-02-20 |archive-date=20 February 2019 |archive-url=https://web.archive.org/web/20190220190022/https://www.bloomberg.com/news/articles/2019-02-20/swedbank-reportedly-behind-4-3-billion-in-suspicious-transfers |url-status=live }}</ref><ref>{{Cite news |date=2019-02-20 |title=Estonia investigates alleged Swedbank link to money laundering scandal |language=en |work=Reuters |url=https://www.reuters.com/article/us-danske-bank-moneylaundering-swedbank-idUSKCN1Q90RW |access-date=2019-02-20 |archive-date=20 February 2019 |archive-url=https://web.archive.org/web/20190220154744/https://www.reuters.com/article/us-danske-bank-moneylaundering-swedbank-idUSKCN1Q90RW |url-status=live }}</ref> More at ]. | |||
* ] was accused in a vast money laundering scheme, dubbed the ], involving secret Russian accounts that were transferred from ] banks in ], ] and ] between 2010 and 2014. Newspaper sources estimated the total value of laundered currency to be as high as $80bn. The bank is also under investigation for its involvement in Europe's biggest banking scandal through Denmark's ], which laundered €200bn, also from Russian sources.<ref> {{Webarchive|url=https://web.archive.org/web/20240618214717/https://www.theguardian.com/business/2019/apr/17/deutsche-bank-faces-action-over-20bn-russian-money-laundering-scheme |date=18 June 2024 }}. ''The Guardian''. Retrieved 2 August 2019</ref> | |||
* ]' ] was accused of "knowingly and purposefully" providing "financial services and other forms of material support to ] operatives" when the terrorist group was planning the execution of the ] against the United States.<ref>{{Cite news |last1=Malnick |first1=Edward |last2=Heighton |first2=Luke |date=21 June 2017 |title=UAE warned US it could end intelligence cooperation over 9/11 victims claims |work=The Telegraph |publisher=The Daily Telegraph |url=https://www.telegraph.co.uk/news/2017/06/21/uae-warned-us-could-end-intelligence-cooperation-911-victims/ |url-status=live |url-access=subscription |access-date=21 June 2017 |archive-url=https://ghostarchive.org/archive/20220111/https://www.telegraph.co.uk/news/2017/06/21/uae-warned-us-could-end-intelligence-cooperation-911-victims/ |archive-date=11 January 2022}}{{cbignore}}</ref> In addition, the ] branch of ] was also involved in opening the accounts of the terror operatives and allowing financial transactions to take place between them and ], "the principal architect of the 9/11 attacks".<ref>{{Cite news |date=18 May 2021 |title=The Guantanamo Docket |work=The New York Times |url=https://www.nytimes.com/interactive/projects/guantanamo/detainees/10024-khalid-shaikh-mohammed |access-date=25 July 2019 |archive-date=30 July 2019 |archive-url=https://web.archive.org/web/20190730015411/https://www.nytimes.com/interactive/projects/guantanamo/detainees/10024-khalid-shaikh-mohammed |url-status=live }}</ref> | |||
* ]: On 21 September 2020, The ] (ICIJ) revealed FinCEN Files, about the involvement of about $2tn of transactions by some of the world's biggest banks.<ref>{{Cite web |date=21 September 2020 |title=Inside scandal-rocked Danske Estonia and the shell-company 'factories' that served it |url=https://www.icij.org/investigations/fincen-files/inside-scandal-rocked-danske-estonia-and-the-shell-company-factories-that-served-it/ |access-date=21 September 2020 |website=International Consortium of Investigative Journalists |archive-date=22 September 2020 |archive-url=https://web.archive.org/web/20200922164033/https://www.icij.org/investigations/fincen-files/inside-scandal-rocked-danske-estonia-and-the-shell-company-factories-that-served-it/ |url-status=live }}</ref> FinCEN files also revealed that Dubai-based Gunes General Trading, based in Dubai funneled Iranian state money via UAE's central banking system and processed $142 million in 2011 and 2012.<ref>{{Cite news |date=20 September 2020 |title=FinCEN Files: UAE central bank failed to prevent Iran sanctions evasion |work=BBC News |url=https://www.bbc.com/news/world-middle-east-54176127 |access-date=21 September 2020 |archive-date=24 March 2021 |archive-url=https://web.archive.org/web/20210324132617/https://www.bbc.com/news/world-middle-east-54176127 |url-status=live }}</ref> | |||
* ]: In 2018, Cybersecurity firm ]<ref>{{Cite web |last=Evdokimova |first=Tamara |date=24 January 2019 |title=Criminals Are Using Fortnite to Launder Money |url=https://slate.com/technology/2019/01/fortnite-video-games-money-laundering-scams.html |access-date=2023-08-04 |website=Slate |archive-date=4 August 2023 |archive-url=https://web.archive.org/web/20230804203002/https://slate.com/technology/2019/01/fortnite-video-games-money-laundering-scams.html |url-status=live }}</ref> discovered that ] may be used to purchase Fortnite's ] (V-Bucks) and in-game purchases, for the account to then be sold online for "clean" money.<ref>{{Cite web |last=Cuthbertson |first=Anthony |date=2019-01-13 |title=How children playing Fortnite are helping to fuel organised crime |url=https://www.independent.co.uk/news/fortnite-v-bucks-discount-price-money-dark-web-money-laundering-crime-a8717941.html |access-date=2019-01-21 |website=The Independent |language=en |archive-date=14 January 2019 |archive-url=https://web.archive.org/web/20190114213715/https://www.independent.co.uk/news/fortnite-v-bucks-discount-price-money-dark-web-money-laundering-crime-a8717941.html |url-status=live }}</ref><ref>{{Cite web |last= |date=2019-02-08 |title=Red Envelopes, Fortnite, Micro Money Laundering |url=https://www.pymnts.com/fraud-attack/2019/red-envelopes-fortnite-money-laundering-criminal/ |access-date=2019-02-08 |website=PYMNTS.com |language=en-US |archive-date=1 April 2019 |archive-url=https://web.archive.org/web/20190401001143/https://www.pymnts.com/fraud-attack/2019/red-envelopes-fortnite-money-laundering-criminal/ |url-status=live }}</ref> ], the makers of Fortnite, responded by urging customers to secure their accounts.<ref>{{Cite web |last=Shanley |first=Patrick |date=16 January 2019 |title=Epic Games Responds to 'Fortnite' Money Laundering Accusations |url=https://www.hollywoodreporter.com/heat-vision/epic-games-responds-fortnite-money-laundering-accusations-1176602 |access-date=2019-01-21 |website=The Hollywood Reporter |language=en |archive-date=17 January 2019 |archive-url=https://web.archive.org/web/20190117021026/https://www.hollywoodreporter.com/heat-vision/epic-games-responds-fortnite-money-laundering-accusations-1176602 |url-status=live }}</ref> | |||
* ], in December 2012, paid a record $1.9 Billion fine for money-laundering hundreds of millions of dollars for drug traffickers, terrorists and sanctioned governments such as Iran.<ref>{{Cite news |date=11 December 2012 |title=HSBC to Pay Record Fine to Settle Money-Laundering Charges |work=] |url=https://dealbook.nytimes.com/2012/12/11/hsbc-to-pay-record-fine-to-settle-money-laundering-charges/ |access-date=24 January 2013 |archive-date=15 January 2013 |archive-url=https://web.archive.org/web/20130115002041/http://dealbook.nytimes.com/2012/12/11/hsbc-to-pay-record-fine-to-settle-money-laundering-charges/ |url-status=live }}</ref> The money-laundering occurred throughout the 2000s. | |||
* ]: Italian authorities investigated suspected money laundering transactions amounting to US$218 million made by the ] to several Italian banks.<ref name="times-vatican">{{Cite news |last=Josephine McKenna |date=7 December 2009 |title=Vatican Bank reported to be facing money-laundering investigation |work=The Times |url=http://www.timesonline.co.uk/tol/news/world/europe/article6946507.ece |access-date=12 June 2010 |archive-date=10 February 2021 |archive-url=https://web.archive.org/web/20210210224708/https://www.thetimes.co.uk/ |url-status=dead }}</ref> | |||
* ], in May 2013, was seized by United States federal authorities for laundering $6 billion.<ref>{{Cite news |date=2013-05-29 |title=U.S. accuses currency exchange of laundering $6 billion |language=en |work=Reuters |url=https://www.reuters.com/article/net-us-cybercrime-libertyreserve-charges-idUSBRE94R0KQ20130529 |access-date=2019-01-23 |archive-date=23 January 2019 |archive-url=https://web.archive.org/web/20190123223452/https://www.reuters.com/article/net-us-cybercrime-libertyreserve-charges-idUSBRE94R0KQ20130529 |url-status=live }}</ref><ref>{{Cite magazine |last=Zetter |first=Kim |date=2013-05-28 |title=Liberty Reserve Founder Indicted on $6 Billion Money-Laundering Charges |url=https://www.wired.com/2013/05/liberty-reserve-indicted/ |magazine=Wired |issn=1059-1028 |access-date=2019-01-23 |archive-date=23 May 2018 |archive-url=https://web.archive.org/web/20180523202310/https://www.wired.com/2013/05/liberty-reserve-indicted/ |url-status=live }}</ref><ref>{{Cite web |date=2015-03-25 |title=Secret Service busts $6 billion money laundering scheme |url=https://www.foxnews.com/world/secret-service-busts-6-billion-money-laundering-scheme |access-date=2019-01-23 |website=Fox News |language=en-US |archive-date=23 January 2019 |archive-url=https://web.archive.org/web/20190123223449/https://www.foxnews.com/world/secret-service-busts-6-billion-money-laundering-scheme |url-status=live }}</ref> | |||
* ]: US$70 billion of Russian capital flight was laundered through unregulated Nauru offshore shell banks, the late 1990s<ref name="NY times shack">{{Cite news |last=Hitt |first=Jack |date=10 December 2000 |title=The Billion Dollar Shack |work=The New York Times |url=https://www.nytimes.com/2000/12/10/magazine/the-billion-dollar-shack.html |access-date=3 March 2011 |archive-date=18 November 2011 |archive-url=https://web.archive.org/web/20111118011327/http://www.nytimes.com/2000/12/10/magazine/the-billion-dollar-shack.html |url-status=live }}</ref> | |||
* ]: US$2–5 billion of government assets laundered through banks in the UK, Luxembourg, Jersey (Channel Islands), and Switzerland, by the president of Nigeria.<ref name="asset recovery abacha">{{Cite web |title=Sani Abacha |url=http://www.assetrecovery.org/kc/node/52f770df-a33e-11dc-bf1b-335d0754ba85.0;jsessionid=741FC522C872AFE4D5D201D4EEBB472F |url-status=dead |archive-url=https://archive.today/20130502221120/http://www.assetrecovery.org/kc/node/52f770df-a33e-11dc-bf1b-335d0754ba85.0;jsessionid=741FC522C872AFE4D5D201D4EEBB472F |archive-date=2 May 2013 |access-date=3 March 2011 |publisher=Asset Recovery Knowledge Center}}</ref> | |||
* ]: Standard Bank South Africa London Branch – The Financial Conduct Authority (FCA) has fined Standard Bank PLC (Standard Bank) £7,640,400 for failings relating to its anti-money laundering (AML) policies and procedures over corporate and private bank customers connected to ]s (PEPs).<ref>{{Cite web |date=2014-01-23 |title=Standard Bank PLC fined £7.6m for failures in its anti-money laundering controls |url=https://www.fca.org.uk/news/press-releases/standard-bank-plc-fined-%C2%A376m-failures-its-anti-money-laundering-controls |access-date=2019-01-23 |website=FCA |language=en |archive-date=23 January 2019 |archive-url=https://web.archive.org/web/20190123223406/https://www.fca.org.uk/news/press-releases/standard-bank-plc-fined-%C2%A376m-failures-its-anti-money-laundering-controls |url-status=live }}</ref> | |||
* ]: paid $330 million in fines for money-laundering hundreds of billions of dollars for Iran. The money-laundering took place in the 2000s and occurred for "nearly a decade to hide 60,000 transactions worth $250 billion".<ref>{{Cite news |date=6 December 2012 |title=Standard Chartered to Pay $330 Million to Settle Iran Money Transfer Claims |work=] |url=https://dealbook.nytimes.com/2012/12/06/standard-chartered-to-pay-u-s-330-million-to-settle-iran-laundering-claims/ |access-date=24 January 2013 |archive-date=15 January 2013 |archive-url=https://web.archive.org/web/20130115174202/http://dealbook.nytimes.com/2012/12/06/standard-chartered-to-pay-u-s-330-million-to-settle-iran-laundering-claims/ |url-status=live }}</ref> | |||
* ]: On 24 September 2020, Westpac and AUSTRAC agreed to an AUD $1.3 billion penalty over Westpac's breaches of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 - the largest fine ever issued in Australian corporate history.<ref>{{Cite web |date=2020-09-24 |title=AUSTRAC and Westpac agree to proposed $1.3bn penalty |url=https://www.austrac.gov.au/news-and-media/media-release/austrac-and-westpac-agree-penalty |access-date=2020-12-31 |website=AUSTRAC |language=en |archive-date=27 January 2021 |archive-url=https://web.archive.org/web/20210127113712/https://www.austrac.gov.au/news-and-media/media-release/austrac-and-westpac-agree-penalty |url-status=live }}</ref> | |||
===Individuals=== | |||
Current anti-money laundering transaction monitoring software packages include capabilities of name analysis, rules based systems, statistical and profiling engines, neural networks, link analysis, peer group analysis, time sequence matching. In addition there are specific KYC solutions that offer case-based account documentation acceptance and rectification as well as automatic risk scoring of the customer (taking account of country, business, entity, product, transaction risks) that can be reviewed intelligently. Other elements of AML technology include portals to share knowledge and elearning for training and awareness. | |||
* Jose Franklin Jurado-Rodriguez, a ] and ] Graduate School of Arts and Sciences Economics Department alumnus, was convicted in Luxembourg in June 1990 "in what was one of the largest drug money laundering cases ever brought in Europe"<ref>{{Cite news |last=McGee, Jim |date=18 June 1995 |title=FROM RESPECTED ATTORNEY TO SUSPECTED RACKETEER: A LAWYER'S JOURNEY |newspaper=The Washington Post |url=https://www.washingtonpost.com/archive/politics/1995/06/18/from-respected-attorney-to-suspected-racketeer-a-lawyers-journey/d60f376a-b7eb-4f48-8acb-8e5daf99fa4f/ |access-date=11 September 2017 |archive-date=15 September 2017 |archive-url=https://web.archive.org/web/20170915113825/https://www.washingtonpost.com/archive/politics/1995/06/18/from-respected-attorney-to-suspected-racketeer-a-lawyers-journey/d60f376a-b7eb-4f48-8acb-8e5daf99fa4f/ |url-status=live }}</ref> and the US in 1996 of money laundering for the ] kingpin ].<ref>{{Cite news |last=RASHBAUM, William K. |date=12 April 1996 |title=HE ADMITS LAUNDERING DRUG CASH |work=New York Daily News |url=http://www.nydailynews.com/amp/archives/news/admits-laundering-drug-cash-article-1.716159 |archive-url=https://web.archive.org/web/20190403185125/http://www.nydailynews.com/amp/archives/news/admits-laundering-drug-cash-article-1.716159 |archive-date=3 April 2019}}</ref> Jurado-Rodriguez specialized in "]".<ref>{{Cite book |last=Kochan, Nick |url=https://books.google.com/books?id=H-AoDwAAQBAJ&q=franklin+jurado+mba&pg=PT130 |title=The Washing Machine |date=2011 |publisher=Gerald Duckworth & Company |isbn=9780715642030 }}{{Dead link|date=March 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> | |||
* ]: The Chinese billionaire real estate developer from ] was sentenced to four years in prison<ref>{{Cite news |last=Chan |first=Sewell |date=11 May 2018 |title=Macau Tycoon Gets 4 Years in Prison for Bribing U.N. Diplomats |work=The New York Times |url=https://www.nytimes.com/2018/05/11/world/asia/macau-ng-un-bribery.html |access-date=5 May 2020 |archive-date=11 May 2020 |archive-url=https://web.archive.org/web/20200511173411/https://www.nytimes.com/2018/05/11/world/asia/macau-ng-un-bribery.html |url-status=live }}</ref> in May 2018 for bribing two diplomats, including the former president of the ], ], to help him build a conference center in Macau for the United Nations Office for South-South Cooperation (UNOSSC), headed by Director ]. The corruption case was the worst financial scandal for the United Nations since the abuse of the Iraqi ] more than 20 years ago. Ng Lap Seng, 69, was convicted in Federal District Court in Manhattan on two counts of violating the ], one count of paying bribes, one count of money laundering, and two counts of conspiracy. | |||
* ]: Unknown amount, estimated at US$10 billion of government assets laundered through banks and financial institutions in the United States, Liechtenstein, Austria, Panama, Netherlands Antilles, Cayman Islands, Vanuatu, ], Singapore, Monaco, the Bahamas, the Vatican and Switzerland.<ref name="bernstein-realestate">{{Cite news |last=Dunlap |first=David W. |date=13 January 1991 |title=Commercial Property: The Bernstein Brothers; A Tangled Tale of Americas Towers and the Crown |work=The New York Times |url=https://www.nytimes.com/1991/01/13/realestate/commercial-property-bernstein-brothers-tangled-tale-americas-towers-crown.html |access-date=12 June 2010 |archive-date=14 November 2013 |archive-url=https://web.archive.org/web/20131114134628/http://www.nytimes.com/1991/01/13/realestate/commercial-property-bernstein-brothers-tangled-tale-americas-towers-crown.html |url-status=live }}</ref> | |||
== Laws by country== | |||
] (FinCEN), an organization created by the ], makes its ] available to 40 different agencies in the world. One of its strategic goals is to improve information sharing through ]. It offers training and advice to organizations of foreign governments to help improve the efficacy of their ] programs. | |||
{{unreferenced section|date=June 2024}} | |||
*]: Implemented the Proceeds of Crime Act (POCA) to establish money laundering offenses and facilitate asset recovery. | |||
*]: Enacted the Corporate Transparency Act (CTA) requiring companies to disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), effectively banning anonymous shell corporations and enhancing transparency in corporate ownership. | |||
*]: Introduced the Anti-Money Laundering and Counter-Terrorism Financing Act (AML/CTF Act) to regulate financial transactions and enhance transparency. | |||
*]: Established the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act to confiscate proceeds from serious crimes. | |||
*]: Strengthened its anti-money laundering framework through the Swiss Anti-Money Laundering Act (AMLA), which mandates due diligence and reporting requirements for financial institutions. | |||
== |
== Statistics == | ||
Below table shows the annual reported money laundering cases per 100,000 population for individual countries for the last available year according to the ].<ref name="f967"/> Proportion of unreported money laundering and definition of money laundering might differ between countries. | |||
{{Sticky header}}{{table alignment}} | |||
* Money laundering is seen as the subject of several episodes of the popular ] series, '']'', employed by ]. | |||
{| class="wikitable sortable sticky-header col1left" style="text-align:center;" | |||
* In the movie '']'', the main characters discuss the possibility of laundering money they've stolen from their company, but that plan fails when they (comically) realize they know nothing about the practice. | |||
! Country !! Reported money<br>laundering cases<br>per 100,000<ref name="f967">{{cite web | title=United Nations Office on Drugs and Crime, Corruption & Economic Crime, Category "Money laundering" | url=https://dataunodc.un.org/dp-crime-corruption-offences | access-date=17 August 2024}}</ref> !! Year | |||
* One of the purest examples of layering comes at the end of the 2004 Danny Boyle film '']'', in which an ordinary family exchanges stolen British pounds for euro in many small, apparently untraceable transactions at banks all over the city. | |||
|- | |||
* In '']'', Vic and his Strike Team steal millions of dollars from a money laundering operation run by the Armenian mob. | |||
| {{flaglist|Albania}} || 16.7 || 2022 | |||
* Hiphop recording label ] (ran by brothers Irv “Gotti” and Chris Lorenzo) was suspected of laundering money for drug kingpin ] in 2004. The brothers were acquitted of all charges on December 2, 2005 after a jury found them not guilty. | |||
|- | |||
* An episode of '']'' featured a money laundering gag. The gang leader ] was hosting a dinner for the criminal fraternity and informed his guests that if they needed any money laundered, they could leave it outside their door overnight and it would be ready for the morning. | |||
| {{flaglist|Armenia}} || 0.3 || 2018 | |||
* In the movie '']'', drug kingpin Tony Montana launders money through a series of shell businesses. | |||
|- | |||
* In the movie '']'', a man named Roger Van Zant is a money launderer who is killed by '']'s '' character Neil McCauley. | |||
| {{flaglist|Austria}} || 8.4 || 2022 | |||
* In the film ], ] and ] confront ] regarding a multitude of criminal activities. When Lovitz denies, it Jackson slides a door back to reveal thousands of dollars swirling in a wash machine (money laundering). | |||
|- | |||
| {{flaglist|Azerbaijan}} || 0.0 || 2020 | |||
|- | |||
| {{flaglist|Bahamas}} || 4.9 || 2022 | |||
|- | |||
| {{flaglist|Barbados}} || 2.8 || 2022 | |||
|- | |||
| {{flaglist|Belgium}} || 47.8 || 2020 | |||
|- | |||
| {{flaglist|Belize}} || 0.0 || 2020 | |||
|- | |||
| {{flaglist|Bhutan}} || 0.0 || 2020 | |||
|- | |||
| {{flaglist|Bolivia}} || 0.9 || 2022 | |||
|- | |||
| {{flaglist|Bosnia and Herzegovina}} || 3.5 || 2022 | |||
|- | |||
| {{flaglist|Botswana}} || 0.7 || 2020 | |||
|- | |||
| {{flaglist|Bulgaria}} || 0.6 || 2022 | |||
|- | |||
| {{flaglist|Canada}} || 0.7 || 2022 | |||
|- | |||
| {{flaglist|Chile}} || 0.0 || 2022 | |||
|- | |||
| {{flaglist|Colombia}} || 0.5 || 2022 | |||
|- | |||
| {{flaglist|Costa Rica}} || 4.5 || 2022 | |||
|- | |||
| {{flaglist|Croatia}} || 2.0 || 2022 | |||
|- | |||
| {{flaglist|Czech Republic}} || 6.6 || 2022 | |||
|- | |||
| {{flaglist|Denmark}} || 100.4 || 2022 | |||
|- | |||
| {{flaglist|Djibouti}} || 0.0 || 2018 | |||
|- | |||
| {{flaglist|Dominica}} || 0.0 || 2022 | |||
|- | |||
| {{flaglist|Dominican Republic}} || 0.1 || 2016 | |||
|- | |||
| {{flaglist|Ecuador}} || 0.3 || 2022 | |||
|- | |||
| {{flaglist|El Salvador}} || 0.4 || 2022 | |||
|- | |||
| {{flaglist|Estonia}} || 1.5 || 2022 | |||
|- | |||
| {{flaglist|Finland}} || 16.7 || 2022 | |||
|- | |||
| {{flaglist|France}} || 4.5 || 2022 | |||
|- | |||
| {{flaglist|Germany}} || 27.1 || 2022 | |||
|- | |||
| {{flaglist|Greece}} || 1.2 || 2022 | |||
|- | |||
| {{flaglist|Grenada}} || 32.7 || 2022 | |||
|- | |||
| {{flaglist|Guatemala}} || 2.2 || 2020 | |||
|- | |||
| {{flaglist|Guyana}} || 0.0 || 2022 | |||
|- | |||
| {{flaglist|Honduras}} || 0.0 || 2018 | |||
|- | |||
| {{flaglist|Hong Kong}} || 13.5 || 2022 | |||
|- | |||
| {{flaglist|Hungary}} || 5.3 || 2022 | |||
|- | |||
| {{flaglist|Iceland}} || 41.8 || 2022 | |||
|- | |||
| {{flaglist|Indonesia}} || 0.1 || 2016 | |||
|- | |||
| {{flaglist|Ireland}} || 10.8 || 2022 | |||
|- | |||
| {{flaglist|Italy}} || 2.6 || 2022 | |||
|- | |||
| {{flaglist|Japan}} || 0.6 || 2022 | |||
|- | |||
| {{flaglist|Kosovo}} || 0.2 || 2020 | |||
|- | |||
| {{flaglist|Kyrgyzstan}} || 0.1 || 2017 | |||
|- | |||
| {{flaglist|Latvia}} || 25.2 || 2022 | |||
|- | |||
| {{flaglist|Lebanon}} || 0.6 || 2015 | |||
|- | |||
| {{flaglist|Liechtenstein}} || 178.0 || 2022 | |||
|- | |||
| {{flaglist|Lithuania}} || 1.4 || 2022 | |||
|- | |||
| {{flaglist|Macau}} || 4.3 || 2022 | |||
|- | |||
| {{flaglist|Malta}} || 24.4 || 2022 | |||
|- | |||
| {{flaglist|Mexico}} || 0.4 || 2022 | |||
|- | |||
| {{flaglist|Monaco}} || 126.8 || 2016 | |||
|- | |||
| {{flaglist|Mongolia}} || 0.8 || 2020 | |||
|- | |||
| {{flaglist|Montenegro}} || 0.3 || 2022 | |||
|- | |||
| {{flaglist|Morocco}} || 1.3 || 2022 | |||
|- | |||
| {{flaglist|Myanmar}} || 0.0 || 2022 | |||
|- | |||
| {{flaglist|Netherlands}} || 8.7 || 2022 | |||
|- | |||
| {{flaglist|New Zealand}} || 29.7 || 2018 | |||
|- | |||
| {{flaglist|Norway}} || 3.5 || 2022 | |||
|- | |||
| {{flaglist|Oman}} || 0.2 || 2022 | |||
|- | |||
| {{flaglist|Palestine}} || 0.3 || 2022 | |||
|- | |||
| {{flaglist|Panama}} || 1.8 || 2022 | |||
|- | |||
| {{flaglist|Paraguay}} || 0.8 || 2022 | |||
|- | |||
| {{flaglist|Poland}} || 2.6 || 2022 | |||
|- | |||
| {{flaglist|Portugal}} || 0.5 || 2022 | |||
|- | |||
| {{flaglist|Puerto Rico}} || 2.8 || 2017 | |||
|- | |||
| {{flaglist|Romania}} || 1.6 || 2022 | |||
|- | |||
| {{flaglist|Russia}} || 1.6 || 2020 | |||
|- | |||
| {{flaglist|Saint Kitts and Nevis}} || 6.3 || 2022 | |||
|- | |||
| {{flaglist|Scotland}} || 1.4 || 2018 | |||
|- | |||
| {{flaglist|Senegal}} || 0.1 || 2016 | |||
|- | |||
| {{flaglist|Serbia}} || 2.5 || 2022 | |||
|- | |||
| {{flaglist|Singapore}} || 1.7 || 2022 | |||
|- | |||
| {{flaglist|Slovakia}} || 2.2 || 2022 | |||
|- | |||
| {{flaglist|Slovenia}} || 4.4 || 2022 | |||
|- | |||
| {{flaglist|Spain}} || 0.9 || 2022 | |||
|- | |||
| {{flaglist|Sri Lanka}} || 0.1 || 2018 | |||
|- | |||
| {{flaglist|St. Vincent and Grenadines}} || 0.0 || 2022 | |||
|- | |||
| {{flaglist|Sweden}} || 141.8 || 2022 | |||
|- | |||
| {{flaglist|Switzerland}} || 42.9 || 2022 | |||
|- | |||
| {{flaglist|Syria}} || 0.0 || 2018 | |||
|- | |||
| {{flaglist|Thailand}} || 0.2 || 2022 | |||
|- | |||
| {{flaglist|Trinidad and Tobago}} || 0.8 || 2020 | |||
|- | |||
| {{flaglist|Turkey}} || 1.4 || 2014 | |||
|- | |||
| {{flaglist|Ukraine}} || 0.4 || 2020 | |||
|- | |||
| {{flaglist|United Arab Emirates}} || 3.8 || 2022 | |||
|- | |||
| {{flaglist|Vatican City}} || 0.0 || 2022 | |||
|- | |||
| {{flaglist|Venezuela}} || 2.0 || 2018 | |||
|} | |||
==See also== | ==See also== | ||
{{Portal|Money}} | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
* ] | |||
*{{cite book | |||
* ] | |||
| last = Rohan Bedi | |||
* ] | |||
| year = 2004 | |||
* ] | |||
| url = http://books.global-investor.com/books/16287.htm | |||
* ] | |||
| title = Money Laundering - Controls and Prevention | |||
* ] | |||
| publisher = ISI Publications | |||
* ] | |||
| id = ISBN 962-7762-87-3 | |||
}} | |||
* ] | |||
== |
==References== | ||
{{Reflist}} | |||
<references/> | |||
==External links== | ==External links== | ||
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| is not a collection of links nor should it be used for advertising. | | |||
* | |||
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* | |||
| Excessive or inappropriate links WILL BE DELETED. | | |||
| See ] & ] for details. | | |||
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| If there are already plentiful links, please propose additions or | | |||
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* {{Webarchive|url=https://web.archive.org/web/20110520031705/http://www.unodc.org/unodc/en/money-laundering/index.html |date=20 May 2011 }}: profile from the ] | |||
* {{Webarchive|url=https://web.archive.org/web/20211113202834/https://www.worldbank.org/en/topic/financialmarketintegrity |date=13 November 2021 }} of the ] | |||
* {{Webarchive|url=https://web.archive.org/web/20190815202359/https://2009-2017.state.gov/j/inl/rls/nrcrpt/ |date=15 August 2019 }} (INCSR), annual report issued by the ] in March every year (prepared by ]) on country money laundering risk | |||
{{Corruption}} | |||
{{Authority control}} | |||
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] | ] | ||
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Latest revision as of 23:31, 26 December 2024
Process of concealing the origin of money "Dirty money" redirects here. For other uses, see Dirty Money (disambiguation).
Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, underground sex work, terrorism, corruption, embezzlement, and treason, and converting the funds into a seemingly legitimate source, usually through a front organization. As financial crime has become more complex and financial intelligence is more important in combating international crime and terrorism, money laundering has become a prominent political, economic, and legal debate. Money laundering is ipso facto illegal; the acts generating the money almost always are themselves criminal in some way (for if not, the money would not need to be laundered).
In the past, the term "money laundering" was applied only to financial transactions related to organized crime. Today its definition is often expanded by government and international regulators such as the US Office of the Comptroller of the Currency to mean "any financial transaction which generates an asset or a value as the result of an illegal act," which may involve actions such as tax evasion or false accounting. In the UK, it does not need to involve money, but any economic good. Courts involve money laundering committed by private individuals, drug dealers, businesses, corrupt officials, members of criminal organizations such as the Mafia, and even states.
In United States law, money laundering is the practice of engaging in financial transactions to conceal the identity, source, or destination of illegally gained money. In United Kingdom law, the common law definition is wider. The act is defined as "the process by which the proceeds of crime are converted into assets which appear to have a legitimate origin, so that they can be retained permanently or recycled into further criminal enterprises".
History
While existing laws were used to fight money laundering during the period of Prohibition in the United States during the 1930s, dedicated Anti-Money Laundering legislation was only implemented in the 1980s. Organized crime received a major boost from Prohibition and a large source of new funds that were obtained from illegal sales of alcohol. The successful prosecution of Al Capone on tax evasion brought in a new emphasis by the state and law enforcement agencies to track and confiscate money, but existing laws against tax evasion could not be used once gangsters started paying their taxes.
In the 1980s, the war on drugs led governments again to turn to money laundering rules in an attempt to track and seize the proceeds of drug crimes in order to catch the organizers and individuals running drug empires. It also had the benefit, from a law enforcement point of view, of turning rules of evidence "upside down". Law enforcers normally have to prove an individual is guilty to seize their property, but with money laundering laws, money can be confiscated and it is up to the individual to prove that the source of funds is legitimate to get the money back. This makes it much easier for law enforcement agencies and provides for much lower burdens of proof. However, this process has been abused by some law enforcement agencies to take and keep money without strong evidence of related criminal activity, to be used to supplement their own budgets.
The 11 September attacks in 2001, which led to the Patriot Act in the U.S. and similar legislation worldwide, led to a new emphasis on money laundering laws to combat terrorism financing. The Group of Seven (G7) nations used the Financial Action Task Force on Money Laundering to put pressure on governments around the world to increase surveillance and monitoring of financial transactions and share this information between countries. Starting in 2002, governments around the world upgraded money laundering laws and surveillance and monitoring systems of financial transactions. Anti-money laundering regulations have become a much larger burden for financial institutions and enforcement has stepped up significantly.
During 2011–2015 a number of major banks faced ever-increasing fines for breaches of money laundering regulations. This included HSBC, which was fined $1.9 billion in December 2012, and BNP Paribas, which was fined $8.9 billion in July 2014 by the U.S. government. Many countries introduced or strengthened border controls on the amount of cash that can be carried and introduced central transaction reporting systems where all financial institutions have to report all financial transactions electronically. For example, in 2006, Australia set up the AUSTRAC system and required the reporting of all financial transactions.
With the surge in digital asset late 2010s, there's been a noticeable rise in money laundering and fraud tied to cryptocurrency. In 2021 alone, cybercriminals managed to secure US$14 billion in cryptocurrency through various illicit activities.
Chinese organized criminal groups have become the principal money launderers for drug cartels in Mexico, Italy, and elsewhere.
Features
Definition
Money laundering is the conversion or transfer of property; the concealment or disguising of the nature of the proceeds; the acquisition, possession or use of property, knowing that these are derived from criminal acts; the participating in or assisting the movement of funds to make the proceeds appear legitimate.
Money obtained from certain crimes, such as extortion, insider trading, drug trafficking, human trafficking, and illegal gambling is "dirty" and needs to be "cleaned" to appear to have been derived from legal activities, so that banks and other financial institutions will deal with it without suspicion. Money can be laundered by many methods that vary in complexity and sophistication.
Money laundering typically involves three steps: The first involves introducing cash into the financial system by some means ("placement"); the second involves carrying out complex financial transactions to camouflage the illegal source of the cash ("layering"); and finally, acquiring wealth generated from the transactions of the illicit funds ("integration"). Some of these steps may be omitted, depending on the circumstances. For example, non-cash proceeds that are already in the financial system would not need to be placed.
According to the United States Treasury Department:
Money laundering is the process of making illegally-gained proceeds (i.e., "dirty money") appear legal (i.e., "clean"). Typically, it involves three steps: placement, layering, and integration. First, the illegitimate funds are furtively introduced into the legitimate financial system. Then, the money is moved around to create confusion, sometimes by wiring or transferring through numerous accounts. Finally, it is integrated into the financial system through additional transactions until the "dirty money" appears "clean".
Methods
List of methods
Money laundering can take several forms, although most methodologies can be categorized into one of a few types. These include "bank methods, smurfing , currency exchanges, and double-invoicing".
- Structuring: Often known as smurfing, is a method of placement whereby cash is broken into smaller deposits of money, used to defeat suspicion of money laundering and to avoid anti-money laundering reporting requirements. A sub-component of this is to use smaller amounts of cash to purchase bearer instruments, such as money orders, and then ultimately deposit those, again in small amounts.
- Bulk cash smuggling: This involves physically smuggling cash to another jurisdiction and depositing it in a financial institution, such as an offshore bank, that offers greater bank secrecy or less rigorous money laundering enforcement.
- Cash-intensive businesses: In this method, a business is typically expected to receive a large proportion of its revenue as cash uses its accounts to deposit criminally derived cash. This method of money laundering often causes organized crime and corporate crime to overlap. Such enterprises often operate openly and in doing so generate cash revenue from incidental legitimate business in addition to the illicit cash. In such cases, the business will usually claim all cash received as legitimate earnings. Service businesses are best suited to this method, as such enterprises have little or no variable costs and/or a large ratio between revenue and variable costs, which makes it difficult to detect discrepancies between revenues and costs. Examples are parking structures, strip clubs, tanning salons, car washes, arcades, bars, restaurants, casinos, barber shops, DVD stores, movie theaters, and beach resorts.
- Trade-based laundering: This method is one of the newest and most complex forms of money laundering. This involves under- or over-valuing invoices to disguise the movement of money. For example, the art market has been accused of being an ideal vehicle for money laundering due to several unique aspects of art such as the subjective value of artworks as well as the secrecy of auction houses about the identity of the buyer and seller. According to the National Crime Agency, one strategy that is favored by high-net-worth individuals is specialist storage facilities. Art kept in these spaces has been used by individuals to evade sanctions and launder the proceeds of crime.
- Shell companies and trusts: Trusts and shell companies disguise the true owners of money. Trusts and corporate vehicles, depending on the jurisdiction, need not disclose their true owner. Sometimes referred to by the slang term rathole, though that term usually refers to a person acting as the fictitious owner rather than the business entity.
- Round-tripping: Here, money is deposited in a controlled foreign corporation offshore, preferably in a tax haven where minimal records are kept, and then shipped back as a foreign direct investment, exempt from taxation. A variant of this is to transfer money to a law firm or similar organization as funds on account of fees, then to cancel the retainer and, when the money is remitted, represent the sums received from the lawyers as a legacy under a will or proceeds of litigation.
- Bank capture: In this case, money launderers or criminals buy a controlling interest in a bank, preferably in a jurisdiction with weak money laundering controls, and then move money through the bank without scrutiny.
- Invoice Fraud: An example is when a criminal contacts a company saying that the supplier payment details have changed. They then provide alternative, fraudulent details in order for you to pay them money.
- Casinos: In this method, an individual walks into a casino and buys chips with illicit cash. The individual will then play for a relatively short time. When the person cashes in the chips, they will expect to take payment in a check, or at least get a receipt so they can claim the proceeds as gambling winnings.
- Other gambling: Money is spent on gambling, preferably on high odds games. One way to minimize risk with this method is to bet on every possible outcome of some event that has many possible outcomes, so no outcome(s) have short odds, and the bettor will lose only the vigorish and will have one or more winning bets that can be shown as the source of money. The losing bets will remain hidden.
- Black salaries: A company may have unregistered employees without written contracts and pay them cash salaries. Dirty money might be used to pay them.
- Tax amnesties: For example, those that legalize unreported assets and cash in tax havens.
- Transaction Laundering: When a merchant unknowingly processes illicit credit card transactions for another business. It is a growing problem and recognised as distinct from traditional money laundering in using the payments ecosystem to hide that the transaction even occurred (e.g. the use of fake front websites). Also known as "undisclosed aggregation" or "factoring".
- Online job marketplaces such as Freelancer.com and Fiverr, which accept funds from clients and hold them in escrow to pay freelancers. A money launderer can post a token job on one of these sites, and send the money for the site to hold in escrow. The launderer (or his associate) can then sign on as a freelancer (using a different account and IP address), accept and complete the job, and be paid the funds.
- Through Sports: Investigation teams have identified sport profits as a common way to launder money. In Latin America, in particular, drug traffickers are frequently found to own Soccer Clubs, and to launder money through their intermediate, by buying and selling players, selling tickets and merchandise
Digital electronic money
See also: Cryptocurrency and crimeIn theory, electronic money should provide as easy a method of transferring value without revealing identity as untracked banknotes, especially wire transfers involving anonymity-protecting numbered bank accounts. In practice, however, the record-keeping capabilities of Internet service providers and other network resource maintainers tend to frustrate that intention. While some cryptocurrencies under recent development have aimed to provide more possibilities of transaction anonymity for various reasons, the degree to which they succeed — and, in consequence, the degree to which they offer benefits for money laundering efforts — is controversial. Solutions such as ZCash and Monero ― known as privacy coins ― are examples of cryptocurrencies that provide unlinkable anonymity via proofs and/or obfuscation of information (ring signatures). While not suitable for large-scale crimes, privacy coins like Monero are suitable for laundering money made through small-scale crimes.
Apart from traditional cryptocurrencies, Non-Fungible Tokens (NFTs) are also commonly used in connection with money laundering activities. NFTs are often used to perform Wash Trading by creating several different wallets for one individual, generating several fictitious sales and consequently selling the respective NFT to a third party. According to a report by Chainalysis, these types of wash trades are becoming increasingly popular among money launderers especially due to the largely anonymous nature of transactions on NFT marketplaces. Auction platforms for NFT sales may face regulatory pressure to comply with anti-money laundering legislation.
Additionally, cryptocurrency mixers have been increasingly used by cybercriminals over the past decade to launder funds. A mixer blends the cryptocurrencies of many users together to obfuscate the origins and owners of funds, enabling a greater degree of privacy on public blockchains like Bitcoin and Ethereum. Although not explicitly illegal in many jurisdictions, the legality of mixers is controversial. The use of the mixer Tornado Cash in the laundering of funds by the Lazarus Group led the Office of Foreign Assets Control to sanction it, prompting some users to sue the Treasury Department. Proponents have argued mixers allow users to protect their privacy and that the government lacks the authority to restrict access to decentralized software. In the United States, FinCEN requires mixers to register as money service businesses.
In 2013, Jean-Loup Richet, a research fellow at ESSEC ISIS, surveyed new techniques that cybercriminals were using in a report written for the United Nations Office on Drugs and Crime. A common approach was to use a digital currency exchanger service which converted dollars into a digital currency called Liberty Reserve, and could be sent and received anonymously. The receiver could convert the Liberty Reserve currency back into cash for a small fee. In May 2013, the US authorities shut down Liberty Reserve, charging its founder and various others with money laundering.
Another increasingly common way of laundering money is to use online gaming. In a growing number of online games, such as Second Life and World of Warcraft, it is possible to convert money into virtual goods, services, or virtual cash that can later be converted back into money.
To avoid the usage of decentralized digital money such as Bitcoin for the profit of crime and corruption, Australia is planning to strengthen the nation's anti-money laundering laws. The characteristics of Bitcoin—it is completely deterministic, protocol-based and can be difficult to censor—make it possible to circumvent national laws using services like Tor to obfuscate transaction origins. Bitcoin relies completely on cryptography, not on a central entity running under a KYC framework. There are several cases in which criminals have cashed out a significant amount of Bitcoin after ransomware attacks, drug dealings, cyber fraud and gunrunning. However, many digital currency exchanges are now operating KYC programs under threat of regulation from the jurisdictions they operate.
Reverse money laundering
See also: Hawala and crimeReverse money laundering is a process that disguises a legitimate source of funds that are to be used for illegal purposes. It is usually perpetrated for the purpose of financing terrorism but can be also used by criminal organizations that have invested in legal businesses and would like to withdraw legitimate funds from official circulation. Unaccounted cash received via disguising financial transactions is not included in official financial reporting and could be used to evade taxes, hand in bribes and pay "under-the-table" salaries. For example, in an affidavit filed on 24 March 2014 in United States District Court, Northern California, San Francisco Division, FBI special agent Emmanuel V. Pascua alleged that several people associated with the Chee Kung Tong organization, and California State Senator Leland Yee, engaged in reverse money laundering activities.
The problem of such fraudulent encashment practices (obnalichka in Russian) has become acute in Russia and other countries of the former Soviet Union. The Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG) reported that the Russian Federation, Ukraine, Turkey, Serbia, Kyrgyzstan, Uzbekistan, Armenia and Kazakhstan have encountered a substantial shrinkage of tax base and shifting money supply balance in favor of cash. These processes have complicated the planning and management of the economy and contributed to the growth of the shadow economy.
Magnitude
Many regulatory and governmental authorities issue estimates each year for the amount of money laundered, either worldwide or within their national economy. In 1996, a spokesperson for the IMF estimated that 2–5% of the worldwide global economy involved laundered money. The Financial Action Task Force on Money Laundering (FATF), an intergovernmental body set up to combat money laundering, stated, "Due to the illegal nature of the transactions, precise statistics are not available and it is therefore impossible to produce a definitive estimate of the amount of money that is globally laundered every year. The FATF therefore does not publish any figures in this regard." Academic commentators have likewise been unable to estimate the volume of money with any degree of assurance. Various estimates of the scale of global money laundering are sometimes repeated often enough to make some people regard them as factual—but no researcher has overcome the inherent difficulty of measuring an actively concealed practice.
Regardless of the difficulty in measurement, the amount of money laundered each year is in the billions of US dollars and poses a significant policy concern for governments. As a result, governments and international bodies have undertaken efforts to deter, prevent, and apprehend money launderers. Financial institutions have likewise undertaken efforts to prevent and detect transactions involving dirty money, both as a result of government requirements and to avoid the reputational risk involved. Issues relating to money laundering have existed as long as there have been large-scale criminal enterprises. Modern anti-money laundering laws have developed along with the modern War on Drugs. In more recent times anti-money laundering legislation is seen as an adjunct to the financial crime of terrorist financing in that both crimes usually involve the transmission of funds through the financial system (although money laundering relates to where the money has come from, and terrorist financing relating to where the money is going to). Finally, people, vessels, organisations and governments can be sanctioned due to international law-breaking, war (and of course tit-for-tat sanctions), and still want to move funds into markets where they are persona non grata.
Transaction laundering is a massive and growing problem. Finextra estimated that transaction laundering accounted for over $200 billion in the US in 2017 alone, with over $6 billion of these sales involving illicit goods or services, sold by nearly 335,000 unregistered merchants. Money laundering can erode democracy.
Notable cases
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- Bank of Credit and Commerce International: Unknown amount, estimated in billions, of criminal proceeds, including drug trafficking money, laundered during the mid-1980s.
- Bank of New York: US$7 billion of Russian capital flight laundered through accounts controlled by bank executives, the late 1990s.
- BNP Paribas, in June 2014, pleaded guilty to falsifying business records and conspiracy, having violated U.S. sanctions against Cuba, Iran, and Sudan. It agreed to pay an $8.9 billion fine, the largest ever for violating U.S. sanctions.
- BSI Bank, in May 2017, was shut down by the Monetary Authority of Singapore for serious breaches of anti-money laundering requirements, poor management oversight of the bank's operations, and gross misconduct of some of the bank's staff.
- BTA Bank: $6 billion of bank funds embezzled or fraudulently loaned to shell companies and offshore holdings by the bank's former chairman and CEO Mukhtar Ablyazov.
- Charter House Bank: Charter House Bank in Kenya was placed under statutory management in 2006 by the Central Bank of Kenya after it was discovered the bank was being used for money laundering activities by multiple accounts containing missing customer information. More than $1.5 billion had been laundered before the scam was uncovered.
- Danske Bank + Swedbank: $30 billion – $230 billion US dollars laundered through its Estonian branch. This was revealed on 19 September 2018. Investigations by Denmark, Estonia, the U.K. and the U.S. were joined by France in February 2019. On 19 February 2019, Danske Bank announced that it would cease operating in Russia and the Baltic States. This statement came shortly after Estonia's banking regulator Finantsinspektsioon announced that they would close the Estonian branch of Danske Bank. The investigation has grown to include Swedbank, which may have laundered $4.3 billion. More at Danske Bank money laundering scandal.
- Deutsche Bank was accused in a vast money laundering scheme, dubbed the Global Laundromat, involving secret Russian accounts that were transferred from European Union banks in Estonia, Latvia and Cyprus between 2010 and 2014. Newspaper sources estimated the total value of laundered currency to be as high as $80bn. The bank is also under investigation for its involvement in Europe's biggest banking scandal through Denmark's Danske Bank, which laundered €200bn, also from Russian sources.
- United Arab Emirates' Dubai Islamic Bank was accused of "knowingly and purposefully" providing "financial services and other forms of material support to al-Qaeda operatives" when the terrorist group was planning the execution of the 11 September attacks against the United States. In addition, the Sharjah branch of Standard Chartered Bank was also involved in opening the accounts of the terror operatives and allowing financial transactions to take place between them and Khalid Sheikh Mohammed, "the principal architect of the 9/11 attacks".
- FinCEN Files: On 21 September 2020, The International Consortium of Investigative Journalists (ICIJ) revealed FinCEN Files, about the involvement of about $2tn of transactions by some of the world's biggest banks. FinCEN files also revealed that Dubai-based Gunes General Trading, based in Dubai funneled Iranian state money via UAE's central banking system and processed $142 million in 2011 and 2012.
- Fortnite: In 2018, Cybersecurity firm Sixgill discovered that stolen credit card details may be used to purchase Fortnite's in-game currency (V-Bucks) and in-game purchases, for the account to then be sold online for "clean" money. Epic Games, the makers of Fortnite, responded by urging customers to secure their accounts.
- HSBC, in December 2012, paid a record $1.9 Billion fine for money-laundering hundreds of millions of dollars for drug traffickers, terrorists and sanctioned governments such as Iran. The money-laundering occurred throughout the 2000s.
- Institute for the Works of Religion: Italian authorities investigated suspected money laundering transactions amounting to US$218 million made by the IOR to several Italian banks.
- Liberty Reserve, in May 2013, was seized by United States federal authorities for laundering $6 billion.
- Nauru: US$70 billion of Russian capital flight was laundered through unregulated Nauru offshore shell banks, the late 1990s
- Sani Abacha: US$2–5 billion of government assets laundered through banks in the UK, Luxembourg, Jersey (Channel Islands), and Switzerland, by the president of Nigeria.
- Standard Bank: Standard Bank South Africa London Branch – The Financial Conduct Authority (FCA) has fined Standard Bank PLC (Standard Bank) £7,640,400 for failings relating to its anti-money laundering (AML) policies and procedures over corporate and private bank customers connected to politically exposed persons (PEPs).
- Standard Chartered: paid $330 million in fines for money-laundering hundreds of billions of dollars for Iran. The money-laundering took place in the 2000s and occurred for "nearly a decade to hide 60,000 transactions worth $250 billion".
- Westpac: On 24 September 2020, Westpac and AUSTRAC agreed to an AUD $1.3 billion penalty over Westpac's breaches of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 - the largest fine ever issued in Australian corporate history.
Individuals
- Jose Franklin Jurado-Rodriguez, a Harvard College and Columbia University Graduate School of Arts and Sciences Economics Department alumnus, was convicted in Luxembourg in June 1990 "in what was one of the largest drug money laundering cases ever brought in Europe" and the US in 1996 of money laundering for the Cali Cartel kingpin Jose Santacruz Londono. Jurado-Rodriguez specialized in "smurfing".
- Ng Lap Seng: The Chinese billionaire real estate developer from Macau was sentenced to four years in prison in May 2018 for bribing two diplomats, including the former president of the United Nations General Assembly, John William Ashe, to help him build a conference center in Macau for the United Nations Office for South-South Cooperation (UNOSSC), headed by Director Yiping Zhou. The corruption case was the worst financial scandal for the United Nations since the abuse of the Iraqi oil-for-food program more than 20 years ago. Ng Lap Seng, 69, was convicted in Federal District Court in Manhattan on two counts of violating the Foreign Corrupt Practices Act, one count of paying bribes, one count of money laundering, and two counts of conspiracy.
- Ferdinand Marcos: Unknown amount, estimated at US$10 billion of government assets laundered through banks and financial institutions in the United States, Liechtenstein, Austria, Panama, Netherlands Antilles, Cayman Islands, Vanuatu, Hong Kong, Singapore, Monaco, the Bahamas, the Vatican and Switzerland.
Laws by country
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- United Kingdom: Implemented the Proceeds of Crime Act (POCA) to establish money laundering offenses and facilitate asset recovery.
- United States: Enacted the Corporate Transparency Act (CTA) requiring companies to disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), effectively banning anonymous shell corporations and enhancing transparency in corporate ownership.
- Australia: Introduced the Anti-Money Laundering and Counter-Terrorism Financing Act (AML/CTF Act) to regulate financial transactions and enhance transparency.
- Singapore: Established the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act to confiscate proceeds from serious crimes.
- Switzerland: Strengthened its anti-money laundering framework through the Swiss Anti-Money Laundering Act (AMLA), which mandates due diligence and reporting requirements for financial institutions.
Statistics
Below table shows the annual reported money laundering cases per 100,000 population for individual countries for the last available year according to the United Nations Office on Drugs and Crime. Proportion of unreported money laundering and definition of money laundering might differ between countries.
Country | Reported money laundering cases per 100,000 |
Year |
---|---|---|
Albania | 16.7 | 2022 |
Armenia | 0.3 | 2018 |
Austria | 8.4 | 2022 |
Azerbaijan | 0.0 | 2020 |
Bahamas | 4.9 | 2022 |
Barbados | 2.8 | 2022 |
Belgium | 47.8 | 2020 |
Belize | 0.0 | 2020 |
Bhutan | 0.0 | 2020 |
Bolivia | 0.9 | 2022 |
Bosnia and Herzegovina | 3.5 | 2022 |
Botswana | 0.7 | 2020 |
Bulgaria | 0.6 | 2022 |
Canada | 0.7 | 2022 |
Chile | 0.0 | 2022 |
Colombia | 0.5 | 2022 |
Costa Rica | 4.5 | 2022 |
Croatia | 2.0 | 2022 |
Czech Republic | 6.6 | 2022 |
Denmark | 100.4 | 2022 |
Djibouti | 0.0 | 2018 |
Dominica | 0.0 | 2022 |
Dominican Republic | 0.1 | 2016 |
Ecuador | 0.3 | 2022 |
El Salvador | 0.4 | 2022 |
Estonia | 1.5 | 2022 |
Finland | 16.7 | 2022 |
France | 4.5 | 2022 |
Germany | 27.1 | 2022 |
Greece | 1.2 | 2022 |
Grenada | 32.7 | 2022 |
Guatemala | 2.2 | 2020 |
Guyana | 0.0 | 2022 |
Honduras | 0.0 | 2018 |
Hong Kong | 13.5 | 2022 |
Hungary | 5.3 | 2022 |
Iceland | 41.8 | 2022 |
Indonesia | 0.1 | 2016 |
Ireland | 10.8 | 2022 |
Italy | 2.6 | 2022 |
Japan | 0.6 | 2022 |
Kosovo | 0.2 | 2020 |
Kyrgyzstan | 0.1 | 2017 |
Latvia | 25.2 | 2022 |
Lebanon | 0.6 | 2015 |
Liechtenstein | 178.0 | 2022 |
Lithuania | 1.4 | 2022 |
Macau | 4.3 | 2022 |
Malta | 24.4 | 2022 |
Mexico | 0.4 | 2022 |
Monaco | 126.8 | 2016 |
Mongolia | 0.8 | 2020 |
Montenegro | 0.3 | 2022 |
Morocco | 1.3 | 2022 |
Myanmar | 0.0 | 2022 |
Netherlands | 8.7 | 2022 |
New Zealand | 29.7 | 2018 |
Norway | 3.5 | 2022 |
Oman | 0.2 | 2022 |
Palestine | 0.3 | 2022 |
Panama | 1.8 | 2022 |
Paraguay | 0.8 | 2022 |
Poland | 2.6 | 2022 |
Portugal | 0.5 | 2022 |
Puerto Rico | 2.8 | 2017 |
Romania | 1.6 | 2022 |
Russia | 1.6 | 2020 |
Saint Kitts and Nevis | 6.3 | 2022 |
Scotland | 1.4 | 2018 |
Senegal | 0.1 | 2016 |
Serbia | 2.5 | 2022 |
Singapore | 1.7 | 2022 |
Slovakia | 2.2 | 2022 |
Slovenia | 4.4 | 2022 |
Spain | 0.9 | 2022 |
Sri Lanka | 0.1 | 2018 |
St. Vincent and Grenadines | 0.0 | 2022 |
Sweden | 141.8 | 2022 |
Switzerland | 42.9 | 2022 |
Syria | 0.0 | 2018 |
Thailand | 0.2 | 2022 |
Trinidad and Tobago | 0.8 | 2020 |
Turkey | 1.4 | 2014 |
Ukraine | 0.4 | 2020 |
United Arab Emirates | 3.8 | 2022 |
Vatican City | 0.0 | 2022 |
Venezuela | 2.0 | 2018 |
See also
- Anti-Money Laundering Act (Switzerland)
- Anti-money laundering framework for financial institutions in France
- Azerbaijani laundromat
- Bank Secrecy Act
- Danske Bank money laundering scandal
- Financial Action Task Force
- Gold laundering
- Operation Greenback
- Sven Stumbauer
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External links
Library resources aboutMoney laundering
- Media related to Money laundering at Wikimedia Commons
- UNODC on money-laundering and countering the financing of terrorism Archived 20 May 2011 at the Wayback Machine: profile from the United Nations Office on Drugs and Crime
- Financial Market Integrity Unit Archived 13 November 2021 at the Wayback Machine of the World Bank
- International Narcotics Control Strategy Report Archived 15 August 2019 at the Wayback Machine (INCSR), annual report issued by the United States Department of State in March every year (prepared by Bureau of International Narcotics and Law Enforcement Affairs) on country money laundering risk