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Money Laundering Physical & Cyber Crime Anti-Terrorism Focus Other Impacts Uniting & Strengthening America (USA Patriot) Act Controversial Provisions: Expanded Federal investigation powers Detention of aliens, designation of terrorist orgs. Online surveillance enhancements Secret searches, Interagency info sharing Monitor confidential Atty-Client communications Extends Existing Money Laundering Restrictions What IS Money Laundering? Various practices create illusion of legitimate transactions, disguise origin & movement of $ Law Enforcement motto: “Follow the Money!” Modern Term originated in 20s-30s gangster era Coin cash flow from “numbers” racket cleansed through mob-operated coin-op laundries Existed for nearly 4000 yrs Hide earnings from despotic govt confiscation & taxes Essential to terrorism, illegal drug trade, organized crime, smuggling Money Laundering Methods & Tools Well-known practices but detection is costly Transactions with minimal recordkeeping Payments under $10K to avoid Currency Trans. Rpts Cash used whenever possible Minimize use of checks, wire transfers, credit cards “Legitimate Fronts” apparently respectable businesses See http://www.moneylaundering.com Anti-Money Laundering Laws Federal Statute with Money Laundering Provisions Anti-Money Laundering Purposes and Methods Bank Secrecy Act of 1970 (BSA) Currency Transaction Report ("paper trail" for transactions over $10,000); civil & criminal penalties Creates three new federal money laundering crimes: (1) assistance in laundering, (2) engaging in $10,000 transactions involving property from criminal activity & (3) structuring transactions to avoid BSA disclosures of Currency Transaction Reports. Increased civil & criminal sanctions. Forfeiture of property involved in violating BSA or other AntiLaundering statute. Requires recordkeeping of large cash purchases of monetary instruments (bank drafts). Money Laundering Control Act of 1986 Anti-Drug Abuse Act of 1988 Anti-Money Laundering Laws Federal Statute with Anti-Money Laundering Money Laundering Provisions Purposes and Methods Crime Control Act of 1990, §2532 Federal banking regulators authorized to negotiate with foreign banking regulators for help in certain criminal investigation Federal Deposit Insurance Federal banking regulators given Corporation Improvement Act of discretion to disclose information to 1991, §206 foreign banking regulators to enforce anti-money laundering laws. Housing and Community Authorizes seizure, closing and/or Development Act of 1992, Title XV revocation of charter of financial [Annunzio-Wylie Anti-Money institutions guilty of money Laundering Act] laundering or BSA offenses. Specifies mitigation factors. USA Patriot Act of 2001 Broadens definition, programs & training required, tougher civil & criminal penalties USA Patriot Act’s Anti-Money Laundering Provisions Broadens definition of financial institutions regulated under money laundering laws Requires anti-money laundering programs & training Regulates private and correspondent banking FCPA now defines money laundering defined as a form of bribery Stiffens civil & criminal penalties for money laundering