Money Laundering and Corruption

Mike Levi Maria Dakolias Ted Greenberg

June 8, 2006

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Objectives
Define money laundering How AML supports anti-corruption

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After foreign exchange and the oil industry, the laundering of dirty money is the worlds thirdlargest business.
Jeffrey Robinson, The Laundrymen
How Much Is Laundered? IMF ESTIMATE = 2-5% Global GDP

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What is Money Laundering?

Definition: The process of disguising the proceeds of crime in an effort to conceal their illicit origins and legitimize their future use. Objective: To conceal true ownership and origin of the proceeds, a desire to maintain control, a need to change the form of the proceeds. Techniques: They can be simple, diverse, complex, subtle, but secret.

Proceeds = any economic advantage derived directly or indirectly from criminal offenses

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Money Laundering Cycle

1. Predicate Crimes
Corruption and Bribery Fraud Organized crime Drug and human trafficking Environmental crime Terrorism Other serious crimes

4. INTEGRATION
The last stage in the laundering process. Occurs when the laundered proceeds are distributed back to the criminal. Creates appearance of legitimate wealth.

2. PLACEMENT
Initial introduction of criminal proceeds into the stream of commerce Most vulnerable stage of money laundering process

3. LAYERING
Involves distancing the money from its criminal source: movements of $ into different accounts movements of money to different countries Increasingly difficult to detect
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Money is laundered through

Banks Brokerage firms

Financial services

Other Examples: Insurance companies, Money remitters, Cash intensive businesses, Brokerage firms, Realtors Crooked LAWYERS and ACCOUNTANTS
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Simple Bribe and Money Laundering Transaction

Country 3
Country 1

Company A Needs to generate $1 million for bribe to Finance Minister. Uses invoices from company in Country 2

Company owned by Ministers cousin

Company Bank Account

$500,000 - Purchase of Real Estate Country 4

$500,000 - Purchase of Bearer Share

Country 2
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What Are The Benefits Of Money Laundering Laws?

Money Laundering is a separate offense which carries additional jail time. Allows for seizure and confiscation of proceeds of crime.
Allows law enforcement access to bank and other financial institution records. Requires financial institutions to file suspicious and sometimes cash transaction reports, and to identify the beneficial owners of legal entities. Requires establishment of Financial Intelligence Units which receive reports from financial institutions and can provide new channels for international exchange of information.

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Key Questions
How does anti-money laundering make it riskier for corruptors/corruptees? How much can AML deter corruption? What are the measures that will contribute to increase risk and prevention of corruption?

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Incentives to Launder
Large amount of proceeds from corruption that need to be hidden Low confidence in the security of assets in country Asset disclosure requirements Political instability or possible regime change Greater risk for corruptors and corruptees of investigation and prosecution

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Where are we in 2006?

Tighter controls on AML globally Fewer secrecy havens Greater international cooperation and pressure to adopt international standards (FATF and FSAPS by IMF/WB) Private sector generally proactive in monitoring their business relationships

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The Case of Switzerland

Originally known for its extreme bank secrecy
Evolution of reputational risk assessment of Swiss financial sector. Began to freeze assets. Recent Cases with Swiss Banks:
Marcos: returned $700 million Abache: returned $200 million Montesinos: returned $77.5 million

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What are some of the Challenges?

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Developing political will at senior levels of government. Tighter AML can be costly and reduce resources from other needs. Building capacity in developing countries for investigation and prosecution. Knowing your client is not always easy. Knowing your clients client is difficult to impossible. Coordination among countries law enforcement, financial intelligence units, regulators, and judiciaries. Application of AML regime in a cash based economy.

Conclusion
Results unkowndont know whether there has been a reduction in corruption because of AML (no database of Money Laundering Cases) It is easier to prosecute AML even when local jurisdictions are not able (i.e. ML is usually multi-jurisdictional) AML is a compliment to anti-corruption programs but it is not a silver bullet

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Examples Of What Countries Can Do?

1. Enact and implement AML regime including creating Financial Intelligence Units, suspicious transaction reporting, enhanced due diligence on financial transactions regarding politically exposed persons and civil/criminal forfeiture. Build clear and efficient internal mechanisms to share information by and between regulators and law enforcement agencies. Join regional anti-money laundering group to help enhance regional and international cooperation opportunities. Build capacity of investigators, prosecutors and judges to handle financial investigations.

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3. 4.

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How does the Bank help?

Effective AML/CFT regime:
Understanding of ML & TF amongst stakeholders Legal framework Functioning FIU Supervision of AML Law enforcement capacity

WB technical assistance:
Awareness raising workshops/ Global Dialogues Legislative drafting FIU capacity building Capacity building for regulators/ supervisors Capacity building for law enforcement

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Money laundering, why do we care?

Is a global threat; Is fuel to expand criminal enterprise; Helps hide corrupt payments; Uneven playing field for honest business; Risks for financial systems & institutions-erodes integrity Regulatory
Reputational, credit and operational risk. Market risk.

Economic:
Deters private investment Destroys competition Revenue impact

Financial:
Perpetuates corruption, obstructs good governance Erodes confidence Destabilizes financial institutions

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Money laundering is any transaction which seeks to conceal or disguise proceeds from illegal activities.
Proceeds = any economic advantage derived directly or indirectly from criminal offenses.

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Money laundering, why do we care?

Is a global threat; Is fuel to expand criminal enterprise; Helps hide corrupt payments; Uneven playing field for honest business; Risks for financial systems & institutions-erodes integrity Regulatory
Reputational, credit and operational risk. Market risk.

Economic:
Deters private investment Destroys competition Revenue impact

Financial:
Perpetuates corruption, obstructs good governance Erodes confidence Destabilizes financial institutions

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