Money laundering influence on financial institutions and ways to retaliate

Purpose This paper aims to advance the professional knowledge, experience and expertise of anti-money laundering (AML) professionals by focusing on how money laundering (ML) impacts a variety of financial institutions (FIs) and in what ways the FIs can retaliate to detect, prevent and mitigate the risk of ML. Design/methodology/approach This paper use data from secondary sources. Many FI cases have been included such as a bank money service business (MSB) and insurance companies. Findings There should be a culture of compliance in organizations. Upper management, such as a designated committee or board members, should set the tone of compliance. Money launderers take advantage of every possible opportunity to convert illicit proceeds into clean proceeds with any institution or profession. Originality/value This paper used a case study approach to study the nuances of money laundering activities in various jurisdictions.

Peculiarities of countering legalization of criminal income with the help of virtual assets: legislative regulation and practical implementation

Purpose The purpose of this paper is to define and characterize peculiarities of countering the legalization of criminal income with the help of virtual assets. Design/methodology/approach The analysis of the legislative delineation and the realities of the practical implementation of the features of combating the legalization of criminal proceeds with the help of virtual assets in Ukraine was carried out with the help of general scientific methods of cognition. The systematic method helped identify the main ways to legalize criminal proceeds with the help of virtual assets. Using legal techniques, proposals will be formulated to amend draft legislation on legislative regulation of the concept of “virtual assets”. The generalization method was used to develop ways to combat the legalization of criminal proceeds with the help of virtual assets. The method of legal forecasting was used to substantiate the proposed areas of combating money laundering with the help of virtual assets. The method of extrapolation will be used to determine the possibility of implementing foreign experience in domestic practice to combat money laundering with the help of virtual assets. Findings One of the relatively new and increasingly popular ways of money laundering is to commit this act with the help of virtual assets. Methods of money laundering through virtual assets include services for the conversion of virtual assets, P2P exchange, gambling sites, virtual asset mixers and the use of fictitious internet sites selling digital goods. The difficulty of counteracting the legalization of criminal proceeds with the help of virtual assets is primarily due to the lack of legislative regulation of the concept of “virtual assets” in Ukraine. Yes, the draft law is currently being finalized. Besides, even the current edition is not evaluated by the authors as perfect. After all, the issue of the content of the concept of “virtual assets” and its relationship with virtual securities, cryptocurrency and virtual property remains unresolved. Originality/value One of the relatively new and increasingly popular ways of money laundering is to commit this act with the help of virtual assets. Methods of money laundering through virtual assets include services for the conversion of virtual assets, P2P exchange, gambling sites, virtual asset mixers and the use of fictitious internet sites selling digital goods. It is essential to intensify financial monitoring by financial control bodies over the activities of conversion service centers. Moreover, given the transnational nature of legalizing criminal proceeds, especially those committed through virtual assets, international cooperation in combating this crime is vital. The authors have proposed specific measures to ensure that a coherent consolidation of efforts can be built.

Trade-based money laundering: development of the «red flags» system

The OECD and the FATF highlight the problem of money laundering via international trade with a view to disguising illicit gains and moving value through the use of trade transactions. For example, inaccurate invoices may be used, which, according to the Global Financial Integrity estimates, resulted in $0,9 trillion to $1,7 trillion losses in 148 countries in 2006–2015. In Russia, the authorities attempt to reduce the risks of money laundering within the framework of international trade through the use of currency regulation, while foreign countries are using a risk-based approach by developing the “red flags” systems that allow financial intelligence agencies, customs and other state bodies as well as subjects of financial market (through which the payments for export-import transactions are made) and the companies participating in international trade themselves to determine whether a transaction entails risks of money laundering. In addition, internal and international inter-agency exchange of information related to money laundering in international trade, including trade and financial data, is being developed.

Data protection rules applicable to Financial Intelligence Units: still no clarity in sight

Financial information can play a key role in tackling money laundering, terrorist financing and combatting serious crime more generally. Preventing and fighting money laundering and the financing of terrorism were top priorities of the European Union’s (EU) Security Strategy for 2020-2025, which might explain the fast developments regarding legislative measures to further regulate anti-money laundering (AML) and counter terrorism financing (CTF). In May 2020, the European Commission put forward an Action Plan to establish a Union policy on combatting money laundering and shortly afterwards, proposed a new AML Package.Financial Intelligence Units (FIUs) play a crucial role in analysing and exchanging information concerning unusual and suspicious transactions, serving as intermediaries between the private sector and law enforcement authorities (LEAs). Such information includes personal data, which is protected under the EU data protection acquis. The latter is constituted of two main laws, the General Data Protection Regulation (GDPR), which applies to general processing and the so-called Law Enforcement Directive (LED) that is applicable when competent law enforcement authorities process personal data for law enforcement purposes.This Article argues that the current legal framework on AML and CTF legislation is unclear on the data protection regime that applies to the processing of personal data by FIUs and that the proposed AML Package does little or nothing to clarify this dilemma. In order to contribute to the discussion on the applicable data protection framework for FIUs, the assessment puts forward arguments for and against the application of the LED to such processing, taking into account the relevant legal texts on AML and data protection.

Pandora Papers and the latest European efforts to combat money laundering, tax evasion and tax avoidance

Following the revelations of the Pandora Papers on offshore financial mechanisms which allow European citizens to avoid paying tax obligations and to commit tax evasion or money laundering offenses, the European Parliament adopted Resolution 2021/2922 (RSP) requiring Member States to take urgent and decisive action, both legislative and investigative, to combat this type of criminal behavior. As a response to the request formulated by the Parliament, the European Commission drafted a Proposal for a council Directive laying down rules to prevent the misuse of shell entities for tax purposes by introducing new monitoring and reporting regulations.

Asset recovery practices in combating money laundering: evidence from FATF mutual evaluation report of FATF member countries of Asia pacific region

Purpose This study aims to understand the member countries’ current asset recovery mechanism based on two elements, namely, confiscation policy and asset recovery management framework. Design/methodology/approach Content analysis was performed on the Financial Action Task Force (FATF) Mutual Evaluation Report (MER) of eight countries. Findings The result showed that only a few countries established a centralised asset recovery centre or special task force to manage recovered assets. Research limitations/implications This study is limited to information mentioned in the FATF MER. Practical implications This study highlights the need to have a centralised asset recovery management centre as an initiative to improve the outcome of money laundering investigations. The study findings will benefit regulators to understand further the practical challenges of the asset recovery mechanism for future improvement. Originality/value FATF recommends that each country establish a centralised asset recovery centre and work closely with the investigating officers and prosecutors in deciding on assets confiscation. However, the implementation is contingent on their local environment and resources at the member countries’ discretion. Therefore, this study aimed to understand the member countries’ current asset recovery mechanism based on two elements, namely confiscation policy and asset recovery management framework.

The Role of Monitoring Islamic Banks to Control Money Laundering Crimes From the Viewpoint of Employees in the Central Bank of Jordan

The present study aimed to examine the role of monitoring Islamic banks in fighting against money laundering crimes from the perspective of the employees working at the Central Bank of Jordan. The researcher adopted a descriptive analytical approach. The sample consists of 60 employees who were chosen from the Central Bank of Jordan. Questionnaire forms were passed via email to those employees to fill. All the forms were filled and retrieved. It was found that the reality of monitoring money laundering crimes in Islamic banks by central bank of Jordan is moderate. It was found that there is a positive statistically significant impact of monitoring Islamic banks on control money laundering crimes from the viewpoint of employees in the central bank of Jordan. The researcher recommends activating the role of the Central Bank of Jordan in fighting against money laundering crimes

Nexus Between Money Laundering and Sustainable Development Goals

Money laundering is a hot debate discussion among policymakers, as money laundering usually arises due to theft of money or other illegal activity. Such criminal activities damage every stakeholder of the economic cycle, whether it is trade, productivity, or contribution of the financial sector itself. Due to the fact money laundering makes the industrial growth process very slow and undercuts economic activities, which are essential for the development. This chapter explores the nexus between money laundering as a threat to a sustainable development goal from different angles. The discussion reveals that money laundering negatively impacts economic growth, and the fundamental pillar of sustainable development is economic growth. So can we achieve sustainable economic growth and development without controlling money laundering? The authors conclude it is not possible.