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Money Laundering

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Title: Money Laundering


1
Money Laundering
  • The process of creating the appearance that large
    amounts of money obtained from serious crimes,
    such as drug trafficking or terrorist activity,
    originated from a legitimate source.

2
  • the metaphorical "cleaning of money" with regard
    to appearances in law, is the practice of
    engaging in specific financial transactions in
    order to conceal the identity, source and/or
    destination of money and is a main operation of
    underground money.

3
  • In the past, the term "money laundering" was
    applied only to financial transactions related to
    organized crime. Today its definition is often
    expanded by government regulators (such as the
    United State Office of the comptrollerof the
    Currency) to encompass any financial transaction
    which generates an asset or a value as the result
    of an illegal act, which may involve actions such
    as tax evasion or false accounting. As a result,
    the illegal activity of money laundering is now
    recognized as potentially practiced by
    individuals, small and large businesses, corrupt
    officials, members of organized crime (such as
    drug dealers or the Mafia) or of cults, and even
    corrupt states or intelligence agency, through a
    complex network of shell companies based in
    offshore tax havens.

4
  • The increasing complexity of financial crime, the
    increasing recognised value of so-called
    financial intelligence in combating transnational
    crime and terrorism, and the speculated impact of
    capital extracted from the legitimate economy has
    led to an increased prominence of money
    laundering in political, economic and legal
    debate. In many jurisdictions, money laundering
    is seen as an "activity based" offense.

5
HISTORY
  • Modern development
  • The act of "money laundering" was not invented
    until the Prohibition era in the United States,
    but many techniques were developed and refined
    then. Many methods were devised to disguise the
    origins of money generated by the sale of
    then-illegal evasion beverage Following AL
    capones 1931 conviction for tax evasion, mobster
    Meyer Lansky transferred funds from Florida
    "carpet joints" (small casinos) to accounts
    overseas. After the 1934 Swiss Banking Act which
    created the principle of bank secrery, Meyer
    Lansky bought a Swiss bank where he would
    transfer his illegal funds through a complex
    system of shell companies, holding companies and
    offshore accounts.

6
  • The term of "money laundering" itself does not
    derive, as is often said, from the story that Al
    Capone used laundromats to hide ill-gotten gains.
    It was Meyer Lansky who perfected money
    laundering's older brother, capital fight",
    transferring his funds to Switzerland and other
    offshore places. The first reference to the term
    "money laundering" itself actually appears during
    the Watergate scandal. US President Rchard Nixon
    "committee to Re-elect the President" moved
    illegal campaign contributions to Mexico, then
    brought the money back through a company in
    Miami. It was Britain's guardian newspaper that
    coined the term, referring to the process as
    "laundering."

7
International initiatives against money laundering
  • The 1980s witnessed the international trend for
    the criminalization of money laundering as a
    discrete crime. The US and the UK have done so in
    1986, and the 1988 Vienna Convention has required
    State Parties to introduce this crime in their
    domestic legal systems. In 1989, the FATF was
    created. Its first report, issued in 1990,
    recommended the criminalization of money
    laundering. In 1991, the European Union required
    its Member States to 'prohibit' the laundering of
    funds derived from drug offences the original
    Directive was revised in 2001 and replaced by
    another in 2005.

8
PROCESS
  • Money laundering is often described as occurring
    in three stages placement, layering, and
    integration.
  • 1 Placement refers to the initial point of entry
    for funds derived from criminal activities.
  • 2 Layering refers to the creation of complex
    networks of transactions which attempt to obscure
    the link between the initial entry point and the
    end of the laundering cycle.
  • 3 Integration refers to the return of funds to
    the legitimate economy for later extraction.

9
Anti-money laundry in China
  • China still facing tough situation in anti-money
    laundrying official
  • China to expand anti-money laundering inspection
    to securities, insurance institutions

10
China still facing tough situation in anti-money
laundrying official   
  •      China is still facing a tough situation in
    anti-money laundering, said You Quan, deputy
    secretary-general of China's State
    Council.        He called on relevant
    departments to establish an coordinated system
    and speed up building of a corresponding legal
    system with Anti-money laundering Law as the
    core.        You Quan made the remarks while
    attending a conference on anti-money laundering
    in Beijing on Friday, which was chaired by Xiang
    Junbo, vice governor of the People's Bank of
    China (PBOC) .        There is still a room to
    improve for China's anti-money laundering efforts
    compared with international standard and the
    requirement of building a perfect market-oriented
    economic system, You said.

11
  •         Participants of the conference included
    representatives from 23 departments such as the
    State Council, the Ministries of Foreign Affairs,
    Public Security and Finance as well as the State
    Foreign Exchange Administration.        A report
    on China's anti-money laundering effort in 2004,
    published by China's central bank on July 12,
    showed that the country had made "outstanding
    achievements" in anti-money laundering in
    previous year.        A total of 50
    money-laundering cases were jointly investigated
    by police, the central bank and the State Foreign
    Exchange Administration last year. These cases
    involved 570 million yuan (70 million US dollars)
    and 447 million US dollars.        China became
    an observer of the Financial Action Task Force on
    Anti-Money Laundering (FATF) in January this
    year. It aims to become a member of the group in
    2006.

12
China to expand anti-money laundering inspection
to securities, insurance institutions
  •        
  • The Oeoples Bank of China will expand its
    anti-money laundering special inspection to
    securities and insurance institutions, a senior
    banking official said Thursday.
  • Xiang Junbo, vice governor of the People's Bank
    of China, made the remark at a high-level seminar
    on anti-money laundering and combating the
    financing of terrorism, which was jointly hosted
    by the People's Bank of China and the World Bank.
  • Xiang said this move aims to give full play to
    the role of finance institutions as "the first
    defense line" for combating money laundering and
    financing of terrorism.
  • From April to December 2004, the People's Bank of
    China conducted special inspections on commercial
    banks' compliance with anti-money laundering
    regulations, making commercial banks pay more
    attention to the supervision over non-banking
    areas such as the transactions of real estate,
    and jewel and cultural item auctions, Xiang said.

13
  • The provincial branches of the People's Bank of
    China will continue its special inspections on
    anti-money laundering this year, he said.
  • In April 2004, the People's Bank of China built
    up the China anti-money laundering Monitoring and
    Analyzing Center, which is responsible for
    collecting and analyzing information of Renminbi
    and foreign exchange in respect of anti-money
    laundering work, he said.
  • Since the establishment of the center, the
    People's Bank of China and the State
    Administration of Foreign Exchange have provided
    1,500 pieces of suspicious anti-money laundering
    clue to the police, helping them to crack 51
    criminal cases in this area. The cases involved
    3.096 billion yuan and 460 million US dollars
    separately.

14
  • The People's Bank of China is making research on
    the coordination and connection among data bases,
    payment systems and bank account management
    systems, so as to make its inspection work more
    efficient.
  • Meanwhile, the People's Bank of China is making
    efforts to sign memorandums on information
    exchange with other countries and regions in this
    regard, in a bid to face the new situation of
    more frequent international money-laundering
    activities.
  • Source Xinhua/International Finance News

15
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16
And now
  • Criminals are now taking advantage of the
    globalization of the world economy by
    transferring funds quickly across international
    borders. Rapid developments in financial
    information, technology and communication allow
    money to move anywhere in the world with speed
    and ease. This makes the task of combating money
    laundering more urgent than ever.
  • The deeper "dirty money" gets into the
    international banking system, the more difficult
    it is to identify its origin. Because of the
    clandestine nature of money laundering, it is
    difficult to estimate the total amount of money
    that goes through the laundry cycle. Estimates of
    the amount of money laundered globally in one
    year have ranged between 500 billion and 1
    trillion. Though the margin between those figures
    is huge, even the lower estimate underlines the
    seriousness of the problem governments have
    pledged to address.

17
  • There have been a number of developments in the
    international financial system during recent
    decades that have made the three F's-finding,
    freezing and forfeiting of criminally derived
    income and assets-all the more difficult. These
    are the "dollarization" (i.e. the use of the
    United States dollar in transactions) of black
    markets, the general trend towards financial
    deregulation, the progress of the Euromarket and
    the proliferation of financial secrecy havens.
  • Fuelled by advances in technology and
    communications, the financial infrastructure has
    developed into a perpetually operating global
    system in which "megabyte money" (i.e. money in
    the form of symbols on computer screens) can move
    anywhere in the world with speed and ease.

18
The end!
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