Handbook of Anti-Money Laundering

754 Pages·2014·2.56 MB·English

by  Dennis Cox

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WILEY
Handbook of Anti
Money Laundering
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WILEY
Handbook of Anti
Money Laundering
Dennis Cox
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This edition first published 2014
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ISBN 978-0-470-06574-7 (hbk) ISBN 978-0-470-68527-3 (ebk)
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CONTENTS
Section Title Page No.
Introduction 1
1 What is Money Laundering? 5
2 The Process of Money Laundering 15
3 International Money-laundering Regulation –
The Role of the Financial Action Task Force 21
4 The EC Money Laundering Directives 59
5 UN Resolutions 79
6 The UK Regulatory Framework 83
7 How Money-laundering-deterrence Regulations are Applied
in the UK – The Joint Money Laundering Steering Group 93
8 The Wolfsberg Principles 111
9 The US Regulatory Framework 127
10 Financial Sanctions 139
11 Risk Management and Money-laundering Deterrence 149
12 The Role of the Money Laundering Reporting Officer 159
13 Know Your Customer 169
14 Money Laundering Training 181
15 Retail Customer Identification 189
16 Corporate Customer Identification 199
17 Politically Exposed Persons 207
18 Non-face-to-face Customers 217
19 Suspicious Conduct and Transactions 225
20 Unusual Transactions 235
21 Investigating Suspicions 241
22 Ongoing Monitoring 253
23 Tipping Off 261
24 Correspondent Banking 265
25 Record-keeping 271
26 Money-laundering-deterrence Software 277
27 Country Profiles 285
27.1 Country Profile: Albania 286
27.2 Country Profile: Argentina 298
27.3 Country Profile: Australia 308
27.4 Country Profile: Bahamas 322
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vi Contents
27.5 Country Profile: Barbados 335
27.6 Country Profile: Brazil 348
27.7 Country Profile: British Virgin Islands 355
27.8 Country Profile: Canada 367
27.9 Country Profile: Cayman Islands 384
27.10 Country Profile: China 396
27.11 Country Profile: Denmark 405
27.12 Country Profile: Finland 416
27.13 Country Profile: France 428
27.14 Country Profile: Germany 436
27.15 Country Profile: Guernsey 443
27.16 Country Profile: Hong Kong 458
27.17 Country Profile: India 473
27.18 Country Profile: Isle of Man 484
27.19 Country Profile: Japan 496
27.20 Country Profile: Jersey 503
27.21 Country Profile: Kenya 516
27.22 Country Profile: Liechtenstein 529
27.23 Country Profile: Malaysia 539
27.24 Country Profile: Mexico 552
27.25 Country Profile: Monaco 563
27.26 Country Profile: Morocco 575
27.27 Country Profile: Nigeria 584
27.28 Country Profile: Poland 593
27.29 Country Profile: Russia 604
27.30 Country Profile: Singapore 615
27.31 Country Profile: South Africa 625
27.32 Country Profile: South Korea (“Republic of Korea”) 638
27.33 Country Profile: Switzerland 651
27.34 Country Profile: UAE 663
27.35 Country Profile: Ukraine 677
27.36 Country Profile: United States of America 687
27.37 Country Profile: Vietnam 700
Appendix: Transparency International 2013 Corruption Perceptions Index 713
Index 719
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INTRODUCTION
This book sets out to be a handbook for financial crime experts within companies. It
seeks to provide them with sufficient information to enable them to understand the key
issues that relate to two of the largest problems faced by financial institutions today:
money laundering and terrorist financing.
This is an intermediate text, providing detailed information to enable the key issues
to be understood and the regulatory framework appreciated. Since the market for
money laundering and terrorist financing is, by its nature, global, so is this text. Con-
sequently, whilst different rules and regulations are implemented into local legislation,
it is the global standards which underpin all of these local requirements. Therefore,
such global standards as exist at the time of writing this text are included within
the book.
We have also provided summary guidance on the financial crime and terrorist finance
rules and regulations operating in all of the major global financial centres. In the case
of Europe, due to the similarity of the regulations based upon the relevant directives,
which are discussed in this work, we have not provided an analysis for every country.
As always, this material can only be up to date as at the date that the book has gone to
print. If you require detailed rules and regulations regarding a specific market, then you
should refer to the actual rule book or local legal advice to provide final guidance. This
book will, however, provide you with the outline information that you will require for
the majority of issues you face on a day-to-day basis.
Money laundering is one of the few growth industries that seem to be prospering at
present. As a consequence of this, the regulatory structures have been developing glob-
ally and the quality of investigation improving. Offshore financial centres have been
under the spotlight not just due to their data secrecy requirements but also since they
have historically been used by the unscrupulous to hide income from local taxation
authorities, thereby avoiding tax.
As a consequence of the increased investigation of these areas, the number of prosecu-
tions has increased. Throughout this book we do provide examples of cases where pros-
ecutions have been successful, and indeed these are included within the country profiles
which form the majority of this book. Since it is clearly important that any case referred
to has completed its legal pathway, cases can only be used after their conclusion, which
can take a number of years.
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2 Handbook of Anti Money Laundering
The following are some examples of recent prosecutions:
Example 1: Wisconsin (USA) Restaurant Owner Sentenced to 48 Months for Structuring
Financial Transactions (2009)
In Madison, Wisconsin, the owner of a restaurant was sentenced to 48 months in prison for
money-laundering offences related to the structuring of financial transactions.
According to court documents, the restaurant owner borrowed $616,726 from a regu-
lar customer of his restaurant. He instructed the customer to write the cheques in small
amounts so that he could use them to pay food distributors. However, in practice, rather
than using these funds to pay suppliers, he actually negotiated the cheques for cash. To
reduce the chance of being detected, the restaurant owner drove to multiple banks and
multiple branches of the same bank to deposit the cash. This was undertaken to avoid US
regulatory reporting, since if a cash transaction of more than $10,000 was received, the
bank would have been required to generate a transaction report.
This demonstrates one of the key issues with money-laundering detection. The rules are
designed to attempt to identify inappropriate transactions, but the unscrupulous then iden-
tify ways to avoid detection. Another approach taken by the restaurant owner was to make
use of associates to cash cheques on his behalf and then return the funds to him.
In this case, the criminal activity is actually fraud. The restaurant owner is seeking to use
the financial systems to enable him to make full use of the monies. In money laundering
there is always some form of criminal activity – who would need to disguise legitimate
funds? Often it is the nature of the funds which determines the approach that is likely to
be adopted. Here, we have a fraudster using multiple bank accounts to attempt to disguise
the source of funds. As we shall see in subsequent chapters, this is but one of many possible
criminal activities, and there are also many forms of money laundering, although they all
do have similar properties.
(Source: http://www.fbi.gov/milwaukee/press-releases/2009/mw092209-1.htm)
Sometimes the investigations undertaken by the crime agencies can result in successful
prosecution, as shown by the following press release from the United Kingdom’s
Serious Organised Crime Agency (SOCA), which, in 2013, became the National Crime
Agency (NCA):
Example 2: Suspected Heroin Trafficker Captured in the Netherlands (2009)
SOCA reported that a forty-four-year-old had been arrested by Amsterdam Regional Police
at a petrol station in Almere on the outskirts of Amsterdam. He was believed to have been
the head of an organised crime gang responsible for the importation of hundreds of kilos
of heroin into the UK. He was captured following an operation involving both SOCA and
the Dutch police.
Details of his status as a wanted fugitive had been publicised through Crimestoppers
“Operation Captura”, something which the suspected trafficker alluded to when arrested.
He commented that he had felt unsafe in Spain knowing that he was wanted there, and so