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Kevin Sullivan - Anti-Money Laundering in a Nutshell: Awareness and Compliance for Financial Personnel and Business Managers

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Kevin Sullivan Anti-Money Laundering in a Nutshell: Awareness and Compliance for Financial Personnel and Business Managers
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AntiMoney Laundering in a Nutshellis a concise, accessible, and practical guide to compliance with antimoney laundering law for financial professionals, corporate investigators, business managers, and all personnel of financial institutions who are required, under penalty of hefty fines, to get antimoney laundering training.

Money laundering is endemic. As much as 5 percent of global GDP ($3.6 trillion) is laundered by criminals each year. Its no wonder that every financial institution in the United Statesincluding banks, credit card companies, insurers, securities brokerages, private funds, and money service businessesmust comply with complex examination, training, and reporting requirements mandated by a welter of federal antimoney laundering (AML) laws. Ignorance of crime is no excuse before the law. Financial institutions and businesses that unknowingly serve as conduits for money laundering are no less liable to prosecution and fines than those that condone or abet it.

In AntiMoney Laundering in a Nutshell: Awareness and Compliance for Financial Personnel and Business Managers, Kevin Sullivan draws on a distinguished career as an AML agent and consultant to teach personnel in financial institutions what money laundering is, who does it, how they do it, how to prevent it, how to detect it, and how to report it in compliance with federal law. He traces the dynamic interplay among employees, regulatory examiners, compliance officers, fraud and forensic accountants and technologists, criminal investigators, and prosecutors in following up on reports, catching launderers, and protecting the integrity and reputations of financial institutions and businesses. In particular, corporate investigators will gain rich insights winnowed from the authors experiences as a New York State and federal investigator.

What youll learn
  • US federal and international AML laws
  • The AML measures and program that financial institutions must have in place to control money laundering, such as KYC, CIP, and AML/CFT risk assessment
  • The practical steps that personnel at every level from the teller window to the C-suite must know to ensure institutional compliance with AML regulations, such as filling out SARs and CTRs
Who this book is for

Under federal acts such as the Bank Secrecy Act of 1970, the Money Laundering Suppression Act of 1994, and the Intelligence Reform and Terrorism Prevention Act of 2004, every financial institution in the United States must have an antimoney laundering program in place that includes annual training of all relevant employees. This short book is an educational text or supplemental reader for such training by antimoney laundering compliance officers, examiners, agents, and consultants.

Table of Contents

Chapter 1. What is Money Laundering?

Chapter 2. Methods of Money Laundering

Chapter 3. Federal Regulations

Chapter 4. Building a Quality AML Program for Financial Institutions

Chapter 5. Know Your Customer and Customer Identification Program

Chapter 6. A SAR Is Born

Chapter 7. Money Laundering for Law Enforcement

Chapter 8. International Standards

Chapter 9. FRAML

Glossary

Appendix A: Red Flags

Appendix B: Code of Federal Regulations Title 31 Section 103.18

Kevin Sullivan: author's other books


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Kevin Sullivan 2015
Kevin Sullivan AntiMoney Laundering in a Nutshell 10.1007/978-1-4302-6161-2_1
1. What Is Money Laundering?
The Basics You Need to Know
Kevin Sullivan 1
(1)
NY, US
The term money laundering was coined in the famous 1920s gangster era of American history. Between gambling, prostitution, and sales of prohibition alcohol, there was a lot of cash that required laundering. In other words, a method or methods had to be developed so that the government did not become suspicious about the true nature of a gangsters funds. The major headache that gangsters faced was that the money they earned was in the form of cash currencyand often in small-denomination bills or coins. If the funds were put into the bank, then questions would be asked by the bank and ultimately the government. Further, storing large amounts of money in low-value coins is a physical and logistic nightmare. So, the gangsters created businesses, one of which involved slot machines and another of which was laundromats. The coins could be used to gamble and to wash clothes Of course, the number of coins actually used far exceeded the true amount gambled or used at the laundromat, and it was made to appear that more gambling or more clothes were washed than actually were. And so, it is said, the term money laundry was born.
While the term money laundering has been around since the early 20th century, the ideas and economics of money laundering have been around for thousands of years. Four thousand years ago, in China and other Asian countries, ruling parties took advantage of merchants to get more funds. In turn, the merchants became skilled at moving money around without it being identified and seized.
Turning Bad Money into Legitimate Money
Money laundering is the practice of integrating the proceeds of crime into the legitimate mainstream of the financial community by concealing its origin. (Various countries may have additional stipulations in order to prosecute lawbreakers.) In other, more simplistic terms, money laundering is making dirty money appear to be legitimate. Thats why its called laundering, as in cleaning. Money laundering may appear to many people like a sophisticated international game of intrigue and mysterya chess match between good and bad and to the victor goes the spoils. But make no mistake about it; there are some evil people behind the act of money laundering. Quite often there is a fatal outcome to those engaged in or surrounded by money laundering (think drug cartels and terrorist organizations that have a lot of money to launder).
Definition
Money laundering is the practice of integrating the proceeds of criminal enterprises into the legitimate mainstream of the financial community.
So, its all about making bad money appear legitimate. That is a simple and wonderful definition; however, I can hear you now: So what? Big deal! Why should I care? And, the always intuitive, WTF? I plan to respond to all those questions, but lets start with a basic question: Why does a bad guy have to launder his money in the first place?
Bad guys need to launder for several reasons.
  • The legitimate financial system is perhaps the safest place for the bad guy to keep his fortune. Believe it or not, if Bad Guy A kept his loot under that mattress, then guaranteed, Bad Guy B would rip him off. Honor among thieves? No such thing.
  • The bad guy needs to move the money around the globe quickly. That is exactly what banks and money service businesses are set up to do (legitimately).
  • The bad guy, with his newfound fortune that is a result of whatever dastardly deeds he has committed, finds himself in a position where he cant go spending his money haphazardly. Doing so would bring suspicion upon him by neighbors, businesses, gatekeepers, financial institutions, and government agents. Those people would say, How did this guy make so much money that affords him his lifestyle? Once the government begins to dig under the rocks, they would find no means of income for Mr. Bad Guy. Then they would seriously examine his credentials and his ability to have made all that money.
For all of you anti-money laundering (AML) purists out there, I can add one more element to the definition of money laundering that is usually left out. The Palermo Convention defines money laundering as follows:
The conversion or transfer of property, knowing it is derived from a criminal offense, for the purpose of concealing or disguising its illicit origin or of assisting any person who is involved in the commission of the crime to evade the legal consequences of his actions.
Note
The Palermo Convention is a resolution adopted by the United Nations Convention against Transnational Organized Crime that was held in Palermo, Italy, in 2000.
Note the key word in that quote: knowing . In other words, some players, such as smurfs, or some other low-level wanna-be bad guys, may not actually be considered money launderers. For example, someone might be given the job to pick up a gray Chevy in parking area G, spot 177, at Terminal 5 at JFK Airport in New York. He is told to drive the car to the Paramus Park Mall in New Jersey, park in the back of lot 7, and wait for a blue Dodge minivan. When the minivan arrives, they park next to each other, and a couple of suitcases are switched from one car to another. The driver of the minivan has orders to drive to another location and follow further instructions. So, what is going on here? It could be a lot of different things with various endings. However, the main concept here is that none of these drivers knows what is going on or what their load is. They are just collecting a few dollars for obeying instructions and driving a car from here to there without any idea of whats in the vehicle or suitcase. Now, if the load is illegally obtained money, did they know? Can they therefore be charged with money laundering? Depending upon the circumstances and any outstanding evidence, probably not.
Interestingly, mules people whose job it is to simply transport illegal goods, whether money, guns, or drugshave been used for thousands of years. One of the first usages of encrypted messages dates back thousands of years to the ancient Roman Empire. When a coded message needed to be sent (keeping in mind that sending a message hundreds of miles might take several weeks), the head of a messenger (a mule) would be shaved. The message would be tattooed onto his head and his hair allowed to grow back, and then he was sent on his way. If he were to be stopped by the enemy, he appeared to carry no messages. Upon his arrival at his destination, his head would be shaved, and the message would be delivered. So, this concept has been going on for a long time. That is what I call a time-tested procedure!
Professional money launderers are smart to use mules so they can limit the amount of information that any one person in their employ has. In AML, and in particular in fraud, we talk a lot about the separation of duties. Well, in any self-respecting drug-dealing operation, the money and the drugs never meet, nor do the mules have any clue what anyone else is doing. This limits the damage when law enforcement crashes their party.
Money Laundering All Around Us
Before we get any deeper into the subject of money laundering, Id like to take a moment to provide you with a basic understanding of just how prevalent money laundering is. Im sure you will be familiar with various types of fraud from advanced-fee scams (think of the e-mail you get from Nigeria) to work-from-home scams to Ponzi (pyramid) schemes (Bernie Madoff, among others). These are visual and easily comprehended by the masses. We all either have been victimized or know someone who has been victimized by some type of fraudulent scheme. However, money laundering is quite the opposite. By its very nature it is covert and stealthy. For this reason, most of us never see money laundering nor realize that we are all victims of the money-laundering process. The masses dont see the laundering process like they do a fraud scheme. Its easy to hate fraudsters who are ripping off the elderly with various scams. However, rarely do you hear the cry of string em up with reference to your friendly neighborhood money launderer.
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