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The
Many Faces of Money Laundering
By Annan Boodram |
An agency waging an international crusade against money laundering
issued an ultimatum to Russia, the Philippines and the tiny Pacific
isle of Nauru to clean up their act by the end of September or
face sanctions.
The three countries were singled out in a longer blacklist issued
by the Financial Action Task Force (FATF), a Paris-based agency
backed by most of the world's industrial nations, after a review
of banking centers worldwide.
The full list included the Cook Islands, Dominica, Egypt, Guatemala,
Hungary, Indonesia, Israel, Lebanon, Marshall Islands, Myanmar,
Nigeria, Niue, St. Kitts and Nevis and St. Vincent and the Grenadines.
France, one of the most vociferous backers of the FATF, said
its government would issue a statement to its financial institutions,
advising "reinforced vigilance" in dealings with the
listed places.
The FATF issued a list of "uncooperative jurisdictions"
for the first time in June 2000 and the revised list published
on June 22 let a few off the hook but added several others.
The Cayman Islands, Bahamas, Panama and Liechtenstein were removed
from the renegade ranks. Those added were Hungary, Egypt, Indonesia,
Nigeria, Guatemala and Myanmar.
Also remaining blacklisted are the Caribbean islands of Dominica;
St. Kitts and Nevis; and St. Vincent and the Grenadines. In Central
America, Guatemala was added to the list.
Many of the offshore financial centers have balked at being
forced to enact legislation dictated by the world's wealthy nations.
But, rattled by the implied threat of economic sanctions should
they fail to go along, they have tried to comply.
ENHANCING LAWS
The Bahamas passed a package of news laws in December to bolster
its legal restrictions and regulatory oversight.
It has also revoked the licenses of 19 banks including Suisse
Security Bank & Trust.
Some small offshore financial centers contend that the Financial
Action Task Force's list overlooked good-faith efforts that had
been made in the past.
For instance, the Cayman Islands already had a mutual legal assistance
treaty with the United States and had provided information to
Washington on 180 investigations since 1990.
The Financial Action Task Force said it found the Cayman Islands
"has significantly increased the human and financial resources
dedicated to financial supervision and to its financial intelligence
unit.''
The task force also said that although it was keeping them on
the list, it was heartened by progress made by Dominica, St.
Kitts and Nevis, and Niue, a self-governing atoll in the South
Pacific that is associated with New Zealand.
Other Caribbean nations have also taken initiatives of their
own relating to better supervision of and tighter control over
their offshore financial services.
Barbados recently announced a "sting" operations to
ferret out scams. Although it didn't spell out the details of
its plans, Barbados has made it clear that undercover operations
designed to catch crooks, prevent illegal activity and preserve
the country's "impeccable record" in the international
and local investor community will become a priority. And Barbados
used a paid supplement in the widely circulated Economist magazine
to get the word out.
Antigua & Barbuda amended its money laundering legislation
to levy a 3% tax on gross income and gross handle of businesses
regarded as financial institutions such as casinos with a physical
presence, Internet gaming operations, sports books and virtual
casinos. The amendment contains provisions dealing with freezing
the ownership of property that has been disguised by employing
complex corporate or trust structures, or has been passed off
as belonging to a third party. Furthermore, the law will allow
Antigua's prosecution authorities in the country easier access
to statements and official documents from other countries during
their investigations. These actions resulted in both England
and the US dropping Antigus and Barbuda from their list.
The Grenada International Financial Services Authority has revoked
the licenses of 25 of its offshore banks while the Dominica government
has revoked the licence of the British Trade and Commerce Bank
(BTCB). The last six licences to be revoked by Grenada were Anglo-American
Limited, Rahab Trust and Management company, Wellington Bank
and Trust, Caribbean Merchant Bank, Crown Meridian Bank and Bern
Savings
And four Caribbean nations - Anguilla, the British Virgin Islands
[BVI], Montserrat and the Turks and Caicos Islands - recently
agreed to endorsed the OECD's call to improve financial transparency,
co-operate better with overseas tax authorities and scrap laws
that international investors provided OECD members observed the
same standards they were demanding of the havens.
At the same time, through the Canadian International Development
Agency (CIDA), Canada will contribute Can$8-million to create
the Caribbean Regional Technical Assistance Centre that will
open in July. The new centre will supply technical expertise
to Caribbean countries in areas such as budget management and
financial sector supervision.
In addition, Canada has commited to providing Can$5-million
a year to help strengthen the integrity of financial sectors
in the Caribbean and elsewhere.
Meanwhile Caribbean offshore jurisdictions are awaiting the Organisation
for Economic Cooperation and Development's (OECD) next move after
the grouping and a number of conservative Republican leaders
/institutions including the Center for Freedom and Prosperity,
a conservative thank-tank led by Andrew Quinlin.
The Caribbean has also been stirring controversy as a tax haven
for international crimminals. And related to this haven are activities
such as offshore banking and money laundering, drug pushing and
economice citizenship.
While there is no hard figure for the amount of illicit cash
pumped through bogus bank accounts by the underworld, the FATF
says estimates, while unreliable, go as high as $1.5 trillion
a year -- as much as France's annual gross domestic product.
The U.S. Internal Revenue Service estimates that Caribbean tax
havens alone drain away at least $70 billion a year in personal
income tax revenue.
And the International Monetary Fund concluded in 1999 that offshore
banking played a sometimes "catalytic" role in Asian,
Russian and Latin American financial crises by hiding losses
in ways that regulators and auditors were unable to penetrate.
But tax havens also cost poor countries at least $50bn a year
in lost revenues - equivalent to the entire aid budget of the
West, a new report from Oxfam said.
Oxfam is calling for a "poverty focused" rethink of
the system that provides tax sanctuary for elite corporations
and individuals.
The report says:
o Tax havens allow rich companies and individuals to avoid tax,
to under-report profits and to move vast sums of capital. This
limits the ability of governments to raise revenues and invest
in social services. Poor countries are forced into a race to
offer foreign investors ever-lower tax rates.
o Many tax havens provide sanctuary for the proceeds of crime
and corruption. Much of the $55bn looted from Nigeria remains
in European bank accounts today.
o Tax havens are central to the operation of global financial
markets, with currency instability and rapid surges and reversals
of capital flows. This volatility contributed to the Asian financial
crisis; nearly three years on, the economies of Thailand and
Indonesia continue to struggle under the public debt the crisis
created.
Western action had concentrated on smaller tax havens such as
Jersey, the Caymans, Bahamas and the Seychelles, ignoring London,
New York, Singapore, Hong Kong and Switzerland.
"If there is going to be a blacklist, these centres should
figure prominently. They should be named, shamed and changed
as well." said Mr Bloomer.
Another dimension is the fact Caribbean offshore banks, are helping
to boost the bottom line of some of America's most respected
private banks.
They do so through corresponding banking relationships, which
the offshore banks have with such major financial institutions
as J.P. Morgan Chase, Bank of America and Citibank.
That picture has emerged from the results of a United States
Senate investigation, which raised the possibility of money laundering
by major United States banks and their offshore financial partners.
But the trouble is that while the Caribbean faces punitive sanctions
by some of the world's richest nations, the well-known banks
on Wall Street, in London and Paris are not even getting the
proverbial slap on the wrist.
The failure of U.S. banks and regulators to track transactions
with foreign banks enables criminals to route billions of dollars
from drug sales, Internet gambling, tax evasion or other illegal
activities into the United States each year, a new Senate subcommittee
report concludes.
United States Senator Carl Levin, the leading Democrat on the
Senate's Permanent subcommittee on Investigations described corresponding
banking as "a gateway into the United States financial system
for criminals and money launderers".
Four such profitable relationships between Citibank, J.P. Morgan
and Citibank and offshore financial operations in Antigua, the
Bahamas and the Cayman Islands were recently scrutinised by the
Senate in Washington and the findings have forced top executives
of some United States banks to admit that they were lax in the
way they handled the relationships with their Caribbean partners.
"There should have been more due dilligence," said
David Weisbrod, vice president of Treasury Services at J.P.Morgan
Chase.
Bank of America also offered a mea culpa. "Obviously, we
should have done something differently," declared James
Christie, Bank of America's Senior Vice President of Global Treasury
risk management.
But there is also another side to the issue of money laundering.
Consider the list of imported goods into a Caribbean, European
or Latin American nation.
A bulldozer with a price tag of less than $4; watches that normally
go for $5 000 being listed at $5 each; and a crate of women's
underwear for $50.
On the flip side of the ledger, there are the pencils priced
at $1 000 a piece; spark plugs for over $300; and a toy truck
at an unusually high price.
While the average shopper is unlikely to come across such bargains
in a shopping mall in Barbados or high-priced lands on the docks
at the Bridgetown Port or one of Miami's busy ports, the unusual
transactions are among the creative ways people in the United
States are using to launder money in the Caribbean, Ireland,
Europe, Latin America, India, Canada and elsewhere.
Two professors of finance at Florida International University,
John Zdanowicz and Simon Pak, told a recent meeting at Miami's
Fontainebleau Hotel that research into the methods being employed
to launder money showed that ingenious methods are allowing corporations
and individuals in the United States to underreport taxable income.
"I look at money laundering, tax evasion and import duty
fraud like a balloon," said Dr. Zdanowicz. "You squeeze
one end and the other gets bigger."
In short, as the banks come in for closer scrutiny, the wrongdoers
find another way to get the job done.
"What we have found consistently, this activity is continually
increasing over the year, as money launderers realise the banks
are being monitored," said the finance professor. "They
realise no one is monitoring the trade transaction price. We
see this as the money laundering technique of the future."
As the experts explain it, the system would work like this:
A company in the United States wants to launder $1 million in
cash. It uses the money to buy 200 expensive watches at roughly
$5 000 each and then exports them to Russia, India, the Bahamas,
Ireland, Ghana, Barbados, Brazil, Jamaica, Italy, France or Israel,
listing them at $5 each. The importer at the other end of the
transaction in the foreign country then sends a cheque to the
United States exporter for $1 000 and turns around and sells
the watches at the market value.
Through that transaction "you've basically moved $1 million
out of the United States," explained Dr. Zdanowicz.
The more than 600 participants in the conference, including some
from the Caribbean, heard how the Internet, electronic banking
and debit cards are helping to move money around the world. At
the same time, the new innovations are making it easier to launder
money so much so that the experts are now calling it cyber-laundering.
Then, there are the insurance annuities, trading stock on Wall
Street or London and buying and selling money on the black market
in Latin America, all are being used to get dirty money into
the legitimate financial system anywhere in the world.
"There are literally thousands of places for these people
to go," said Jose' Marrero, a special agent in charge of
the Internal Revenue Service's Criminal Investigation Division
in Florida.
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