Combating money laundering by the banks in India: compliance and challenges

2015 ◽  
Vol 16 (4) ◽  
pp. 78-95 ◽  
Author(s):  
B Viritha ◽  
Velu Mariappan ◽  
Varun Venkatachalapathy

Purpose – The study was conducted to assess the level of compliance with regulatory guidelines on anti-money laundering (AML) in the scheduled commercial banks in India, and to understand the bottlenecks in AML implementation. Design/methodology/approach – The respondents were employees working in the banks located in the States of Puducherry and Tamilnadu. Snowball sampling method was adopted in selecting the sample. The sample consisted of 392 employees from the public sector, private sector, and foreign banks in India. The data was collected by administering the structured questionnaire during the period June, 2014 to January, 2015. Descriptive and non-parametric tests were applied, and the significance was considered at þ ≤ 0.5. Findings – Results indicated that the banks were largely complying (3.67 ± 1.39) with the AML measures under study. The compliance with guidelines on KYC updation was found to be higher (79.9 per cent), followed by reporting requirements (72.7 per cent), and customer identification procedures (57.4 per cent). The practice of customising or amending the AML policy of the bank according to the bank ' s business risks and evolving regulatory obligations was found unsatisfactory (67.1 per cent). The respondents in majority agreed to the identified issues such as deficit of resources, lack of customer support, training, feedback and information exchange as constraints in the practice of AML. Originality/value – There is a dearth of studies examining the AML/CFT implementation in the financial institutions of India. Accordingly, the present study attempts to assess the practices of AML/CFT in commercial banks and understand their challenges faced in implementing it.

2018 ◽  
Vol 21 (1) ◽  
pp. 22-32 ◽  
Author(s):  
Georgy Rusanov ◽  
Yury Pudovochkin

Purpose Purpose of the study is to show the relationships of money laundering with predicate offenses. Design/methodology/approach Each of these groups of crimes was investigated against the following criteria: statistical data on convictions and the proportion of prisoners in the general structure of a criminal record, links to organized crime, methods of money laundering and proportion of laundered money received from a particular predicate offense in the total amount of money laundered. Findings Based on the study of Russian legislation and practice peculiarities of this relationship, the features of the following relationships were revealed: relationship between widespread and relatively easy-to-control crimes against the property and drug trafficking and high latent and more difficult-to-control corruption and economic crimes. Originality/value As a result, it was concluded that there is a potential connection between the public danger of money laundering, the degree of crime organization and efficiency of the process of money laundering depending on the type of a predicate offense.


2014 ◽  
Vol 17 (4) ◽  
pp. 428-439 ◽  
Author(s):  
Clifford Williams

Purpose – The purpose of this paper is to explain that the commonly used method allowing for inter-agency cooperation between national financial intelligence units, the memorandum of understanding, is inadequate and ineffective in creating a cooperative global financial intelligence unit capable of combating money laundering typologies on an international scale. Design/methodology/approach – Methods of international financial intelligence unit (FIU) cooperation have chiefly occurred in two ways: first, through the efforts of the Egmont Group; and second, through the inclusion of provisions concerning FIUs contained in international legal documents. The first is an impossibility. Findings – This paper proposes that the result of implementation of the 2012 Financial Action Task Force Recommendations will be an informal network of FIUs where the Egmont group acts as a centralized operator for information exchange, effectively creating an informal global FIU (“GFIU”), but that this system, or a cooperative global financial intelligence unit system based on FIU-to-FIU exchanges will not allow for effective multilateral, international cooperation. Research limitations/implications – This is because national interests and unfamiliarity with capabilities provided in the Egmont Group’s cooperative platform have and will continue to result in under-utilization of cooperative efforts, and because the traditional mechanism employed for FIU-to-FIU exchanges, the memorandum of understanding (“MOU”), makes uniform or standardized information request and transfer procedures that are required for multilateral or multi-agency efforts to combat money laundering across international boundaries an impossibility. Practical implications – The Egmont Group’s cooperational structure should be the primary means by which to achieve a GFIU. Social implications – The global combat on money laundering will be more effective, thereby more fully protecting the global economy. Originality/value – A comparison between the Egmont Group’s network building mechanism and the existing use of MoU to create global cooperation against money laundering has not been analyzed.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Oliver Bischoff ◽  
Stefan Seuring

PurposeBlockchain technology is provoking significant disruptions, thereby affecting supply chain management. This study endeavoured to advance research regarding blockchain-based supply chain traceability by identifying the opportunities and limitations that accompany the adoption of public blockchains. Therefore, the purpose of the study is to contribute to contemporary supply chain research by an assessment of blockchain technology and its linkages to traceability.Design/methodology/approachThis paper is conceptual. The authors summarised the relevant literature on the concepts of supply chain traceability, conceptualised key elements exclusive to the public blockchain and highlighted opportunities and limitations in implementing traceability using blockchains.FindingsIncompatibilities were identified between general traceability and the public blockchain. However, when embracing the blockchain's privacy model, the blockchains can support information exchange in supply chains where vulnerability towards third parties, the confidentiality of information, or the privacy of participants are concerns. Furthermore, the public blockchain can support areas of supply chains where institutional interest is lacking.Originality/valueThis is one of the first papers in an international supply chain management journal to critically analyse the intersection of specific blockchain characteristics and supply chain traceability requirements. The authors thereby add to the discussion of designs for a disintermediated, peer-to-peer models and guide researchers and practitioners alike in exploring the application of disruptive change from blockchain technologies. By setting focus on the privacy model, the paper identifies the potential application and future research approaches to exploit the elementary strength of the blockchain.


2019 ◽  
Vol 22 (1) ◽  
pp. 145-157
Author(s):  
Nikola Dujovski ◽  
Snezana Mojsoska

Purpose This paper aims to describe and discuss the role of the police in anti-money laundering, with particular reference to the situation in the Republic of Macedonia. Design/methodology/approach A doctrinal approach is used to describe the role of the police in anti-money laundering policy, as well as to discuss whether the police is the central and main body in the fight against this crime. Deductive and inductive methods are used to analyze the collected data about Macedonian activities, provided by domestic and international organizations and institutions. Government agencies, institutions and bodies with different capacities for identifying and combating money laundering are included. Findings According to global statistics, about $2tn is laundered annually. Money laundering directly affects general economic and social life and the entire development, which shows why the concerns about this phenomenon have been growing worldwide. The most important issue in combating money laundering refers to preventing and detecting the problem. The police have the central role in combating money laundering in the Republic of Macedonia, but they must co-operate with public prosecutors and other agencies to fight this crime with more success. Even though Macedonian legislation is harmonized with European Union (EU) directives, there are a lot of activities in the field of money laundering to be done to fulfill EU standards. Relevant collected data were acquired from MONEYVAL reports, annual reports from the Ministry of Interior, Public Bureau of Statistics and statistics from the public prosecutor’s office, including all published documents. Originality/value The paper answers questions related to the role and effectiveness of the police by examining different authorizations and powers. Different approaches in implementing the law are specified and suggestions to overcome “two voices” are given. A comparative approach is also used to demonstrate the number of criminal charges per year, mainly collected by the public prosecutor’s office. The authors analyze whether additional training is needed for the police. All institutions should collaborate with the police because money laundering offences may be disclosed during investigations of other offences.


2015 ◽  
Vol 18 (3) ◽  
pp. 382-394 ◽  
Author(s):  
Graham Stack

Purpose – This paper aims to examine the role in tax evasion and corruption played in Ukraine by money-laundering organisations called “conversion centres”: networks of sham firms and banks implementing “black cash” schemes that facilitate tax evasion by the private sector and embezzlement by the state sector. The paper describes their embedding both in a post-Soviet state as well as in the international political economy. Design/methodology/approach – It draws on scholarship, journalist investigations, court records, government agency reports and other open source data and interviews with market participants. It first describes “conversion centres” as an ideal type and then presents three case studies, focusing on international financial flows and the domestic political setting. Findings – Ukraine’s conversion centres generate significant international flows of dirty money handled by specialised foreign banks mostly in the Baltic states. Domestically, conversion centres thrive through state capture, resulting from their facilitation of embezzlement by state actors. Research limitations/implications – Open source data and investigative methods make it possible to conduct empirical research in crime and corruption in the post-Soviet context. As open sources expand, the scope for such enquiry will increase. Originality/value – This is the first empirical description of “black cash” money-laundering platforms in terms of embedding in a post-Soviet state and in the international financial system.


2017 ◽  
Vol 20 (3) ◽  
pp. 231-246 ◽  
Author(s):  
Norman Mugarura

Purpose The purpose of this paper is to explore dynamic issues relating to Ponzi and other fraudulent investment schemes to demonstrate how scammers convince victims of investment opportunities that turn out to be nothing but fraudulent. Specifically, it explores the nature of Ponzi, Pyramid, Advance fees scams and the mechanisms used to defraud unsuspecting victims of their money. The risks associated with Ponzi schemes can be gleaned in the fraud case of Bernie Madoff (1998) who had been running a Ponzi scheme in the USA for 20 years and reaping investors of their returns without ever discovering it until the business collapsed. The other notorious investment scams include “the Nigerian letter frauds” which combine the threat of impersonation fraud with a variation of an advance fee scheme in which a letter is mailed to offer recipients the “opportunity” to share in a percentage of millions of dollars that the author – a self-proclaimed government official – is trying to transfer out of his country. This article assesses the possibility of using anti-money laundering regulatory tools such as a “risk based approach” and “Know Your Customer” to protect victims of fraudulent investment schemes. Design/methodology/approach The paper was written by analysis of primary and secondary data and by utilising newspaper reports on different types of fraudulent investment schemes and the context in which they normally happen in practice. It has also utilized case studies and relevant examples to demonstrate different typologies of fraudulent schemes and the possibility of using anti-money laundering regulatory tools to regulate them. Findings The findings suggest that many people who fall victims of fraudulent investment schemes such as Ponzi and advance fee fraud are not gullible but lack knowledge of their sophistication and how they operate to defraud unsuspecting victims of their savings. Research limitations/implications The paper was largely a library-based research, and there were no interviews carried out to corroborate some of the data used in writing it. This minimises inherent bias in the use of secondary data sources to undertake a study. Practical implications The practical implication of the paper is to highlight the inherent risks in Ponzi and other fictitious investment schemes that are often cleverly conjured to exploit ignorance of the public and defraud them of their savings. It demonstrates that while financial institutions can use their regulatory tools such as KYC to safeguard financial markets from criminal exploitation, people should be vigilant to avoid falling victims of criminal exploitation and lose their savings. Social implications With globalisation, the market is awash with different types of investment opportunities, but people need to keep in mind that it has also created opportunities for criminal exploitation. Some opportunities that are being offered such as advance fee and other schemes are cleverly devised to exploit ignorance of the public. Therefore, this paper highlights the pitfalls which potential investors need to bear in mind when deciding on where to invest and how to invest their money. Originality/value Research on Ponzi schemes, advance fee fraud and misuse of letters of credit do not seem to have received proportionate scholarly attention as other forms of financial crimes. This paper, therefore, addresses a need in the market on many issues it relates.


Significance Recent high-profile incidents have called into question the viability of the business model in large parts of Latvia’s banking sector. In February, the US Treasury accused ABLV Bank of laundering money for North Korea. Separately, Ilmars Rimsevics, governor of the Bank of Latvia (the central bank), was accused by a Latvian commercial bank of demanding bribes and taken into custody by the Bureau for Preventing and Combating Corruption (KNAB). Impacts Latvia’s reputation has suffered from the latest revelations and accusations of money laundering and corruption. There will be greater pressure on the Latvian authorities to be stricter on commercial banks whose main business is with non-residents. When this source of revenue dries up, some banks’ business models may have to change, also sparking some consolidation in the sector.


2016 ◽  
Vol 19 (3) ◽  
pp. 278-290 ◽  
Author(s):  
Viritha B. ◽  
Mariappan V.

Purpose The aim of this study was to assess the level of awareness and acceptance of bank customers regarding anti-money laundering (AML) practices of banks. The study also aimed to understand their constraints in following the bank’s AML practice. Design/methodology/approach The target population was account holders of the banks above the age of 18 years, residing in the Puducherry and Chennai regions in India. Convenience sampling was adopted in selecting the sample from these states. The sample consisted of 416 customers of the public, private and foreign banks in India. The responses were collected by administering the pre-tested structured questionnaire. The data was collected during the period June–December 2014. Descriptive and non-parametric tests were applied, and the significance was considered at p = 0.5. Findings Respondents showed low level of awareness with regard to usage of banks as a channel for money laundering (ML) and terrorism financing (TF) activities (62.3 per cent), reporting function of the banks (70.4 per cent), AML and combating financing of terrorism (CFT) legislation (86.3 per cent) and about the existence of Financial Intelligence Unit (FIU)-India and its function (96.9 per cent). The customers were quite aware of ML (62.5 per cent) and customer identification requirements (95.2 per cent). The participants exhibited neutral attitude towards acceptance of AML measures (3.11 ± 1.31). The descriptive analysis showed 97.4 per cent were ready to provide their identification documents to the bank; however, 64.5 per cent of the participants were reluctant to update their Know Your Customer particulars when it has not experienced any change, and about 68.3 per cent expressed that banks should not disclose the details of their transactions to any third party including financial intelligence units. Research limitations/implications The sample constituted only few participants from the foreign sector banks because of the difficulty in identifying the foreign bank customers. Social Implications There is a necessity to undertake public awareness campaigns on the importance of AML/CFT system either by the banks or FIU-India or both to increase the level of acceptance towards AML measures. This will help the banks to strengthen the bank–customer relationship. Originality/value An extensive review of literature could not find any research study on the assessment of awareness and acceptance of banking customers towards AML practices in India. Thus, this paper attempts to understand the level of awareness and acceptance in the bank customers towards AML practices.


2018 ◽  
Vol 25 (7) ◽  
pp. 2105-2125 ◽  
Author(s):  
Nitin Arora ◽  
Nidhi Grover Arora ◽  
Kritika Kanwar

Purpose The issue of mounting non-performing assets (NPAs) in Indian banking industry is serious and attracting attention of academia and policy planners. Thus, the purpose of this paper is to test the hypothesis whether NPAs in Indian commercial banking have reached at alarming state where they start affecting the technical efficiency levels adversely or not. Design/methodology/approach The efficiency score have been computed using case model (model with NPAs as bad/undesirable output) vs control model (model without NPAs as bad/undesirable output) methodology under meta-frontier data envelopment analysis framework. Findings It has been noticed that the effect of NPAs on overall technical efficiency and its various components is insignificant. The comparison of the case models (i.e. model with NPAs as bad output) with the control models (i.e. model without NPAs) reveals insignificant difference in average efficiency scores and rank distribution of commercial banks. The major source of inefficiency is technology gap (i.e. structure, setup and objectives of banking) among public, domestic private and foreign private categories of banks. Practical implications Though NPAs are increasing in Indian banking industry and specifically in Indian public sector banks because of their compulsory lending to priority sector yet the banks have huge scope to extend credit to priority sector as the NPAs have not reached at alarming stage where they start affecting adversely the efficiency performance. Originality/value Given the fact that the banking penetrations, structure and objectives differ significantly across ownership, separate frontiers for each ownership (public, private and foreign banks) category has been used to evaluate the technical efficiency levels of 81 commercial banks operating in India over the period 2005 to 2013.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pooja Singh Negi ◽  
Ramesh Chandra Dangwal

Purpose Various scams and swindles in banks demand effective supervision and competent workforce, as it involves with workplace accountability and undertaking customer support services. The purpose of this paper is to examine the managerial effectiveness of selected public, private and foreign banks in India. Design/methodology/approach In total, 467 questionnaires from (middle and top-level) managers of (five public, five private and five foreign banks) fifteen banks have been considered. The descriptive statistics, t-test and ANOVA are used to differentiate each sector of banks. Findings The significant difference denoted in terms of managerial effectiveness among banks. The results revealed that managers of public banks are action-oriented and receptive to feedback, whereas the manager of private sector banks embodies self-disclosure and perceptiveness. The correlates, namely, action-orientation, self-disclosure and receptivity to feedback evident significant among foreign banks. Practical implications The consideration and application of such correlates would surely help managers, decision-makers and practitioners to enhance their effectiveness. Human resource professionals can use these results to develop programmes and policies for better management. Originality/value The study is imperative as it compares the behaviour of managers of public, private and foreign banks individually. The findings demonstrate that correlates of managerial effectiveness significantly differ among the banks.


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