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Money Laundering

A purported mailing list broker is marketing a list of users of money laundering, etc. risk management software. There are clear security implications for officers in sensitive functions, if the list is what it claims to be and money laundering risk officers, etc. should therefore be aware that information relating to them and their employers and suppliers is being indiscriminately touted for sale.

When the Commonwealth Bank of Australia (CBA) story first appeared, I instructed World Money Laundering Report that we should not become involved in what would inevitably become a frenzy of speculation and ill-informed comment as consultants (of which I am, obviously, one) and media outlets vied to benefit their own profile, and to get website visits, while the story was hot. I wrote what amounted to a placeholder article .

Often, one is tempted to shake one's head in amazement when a regulator or enforcement agency is proud that it's done something that has been obvious for, well, pretty much for ever, in money laundering terms. If one were to shake one's head with appropriate force at FinCEN's boast that it is to target shell companies that have been used to purchase expensive properties in seven expensive areas, there's a risk it would topple free of one's shoulders. Surely the point is not the FinCEN has just noticed, but that it's just noticed that banks, lawyers and estate agents have not been making reports. Shades of Commonwealth Bank, maybe?

This is such a massive topic that we can, today, do little more than make a placeholder article. How, one has to ask, does anyone "miss" tens of thousands of errors? We think it's probably not too difficult and banks, etc. should take note.

Editorial Staff
BIScom Subsection: 

The US Department of Justice has charged four men from a district of California known as "the Inland Empire" with a range of tax offences that, it is alleged, generated substantial revenue by making false tax claims in the names of innocent individuals. It's time governments started doing effective KYC.

The former deputy treasurer for the City of Compton, California, has pleaded guilty to federal charges stemming from his theft of more than USD3.7 million of city funds. His wife has pleaded guilty to money laundering.

Reports that Australian banks are going to co-operate on KYC information are welcome but fall far short of the ideal. Also, conceptually, it's been tried before, and failed. We know: we covered one such attempt in WMLR Vol 5 No 3 in November 2003.

If someone describes themselves as an "expert" or a "thought leader" in relation to, let's say, financial crime or FinTech or even on-line banking, ask them this - and don't give them time to look up the answer: "what's Q-Coin?*" And, is Second Life about to get a second chance as a potential money laundering vehicle?

Editorial Staff
BIScom Subsection: 

In Mumbai, a special money laundering court is the venue for the laying of charges against Vijay Mallya and 8 co-defendants. Mallya is described in Indian media as a "fugitive" because he left India for the UK where he lives in considerable luxury although he had divested himself of many assets including, reports suggest, at least some of his interest in the Force India Formula One team. The Court seems to agree..

The appeal in Abdul Ghani bin Tahir -v- the Public Prosecutor of Singapore resulted in the upholding of the conviction but a reduction of 50% in the sentence. The case draws together principles that have been developed in a number of jurisdictions and should be regarded as a leading case across all jurisdictions. Even more interesting, it involves a chartered accountant and glaring failures in any form of financial crime risk management system.

There are two principles in the soft conversion of societies to various forms of centralised control, be that control from the left or right of politics, from vested interests or religion.

The first is the manipulation of language: using terms in ways that are inaccurate and, even, the direct opposite of what they truly mean.

The second is to give individual members of society the illusion that they have status, even a degree of control when in fact what they have is responsibility without authority.

Welcome to the worrying world of today's Compliance and Financial...

Editorial Staff
BIScom Subsection: 

It's pathetic: according to a report in The Law Society's Gazette, the official publication of the Law Society of England and Wales, "The Legal Sector Affinity Group, whose members include the Law Society and Solicitors Regulation Authority, has told the Treasury that a ‘sensible supervisory approach’ to the new regulations would give firms and individuals time to adjust to their new obligations." Apparently the membership body and the regulator haven't had time to prepare their Guidance. Too busy with finding new crazy obligations to impose on an already over-stretched profession, one might conclude.

Below, free content, is my interview, given in May 2017 at the Thompson Reuters Regulatory Summit in Singapore, published today.

Nigel Morris-Cotterill
BIScom Subsection: 

Continuing our analysis of AFP v Ganesh Kalimuthu & Anor

For part one see here

The case is said to be on its own facts but the Court was not invited to consider all the relevant facts. It is therefore a narrow judgment. It is a precedent but it is not a comprehensive precedent and creates an open door for international transfers of large amounts of money with impunity.

Chaudhry NISAR Ali Khan, Pakistan's interior minister, gets a bad press and, like all politicians, some of it is justified. But he's got a horrible job: balancing religious interests, north and south, political interests in various regions, the continued problems resulting from partition first after separation from India and then after Bangladesh voted for independence and huge border problems on almost all sides. His country is a major source and transit country for heroin and other drugs. And there are millions of "Pakistanis" living and working overseas who own political allegiance to the country, but economic and familial allegiance to Bangladesh, or religious allegiance to tribal groups with their own interpretation of Islam. If that's not bad enough, he doesn't even know who's in the country, as he explained this weekend. But he's determined to correct that. And he has a lesson for the EU about migrants.

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