How not to be a money launderer
"How not to be a money launderer" was the book that blazed the trail for easy to understand textbooks, in this case dealing with law and risk management so that it could be understood by lawyers, bankers and car dealers, amongst many more.
Before regulators and the Financial Action Task Force cared about hawala, Morris-Cotterill highlighted its risks; before anyone coined the buzzword "trade-based laundering," Morris-Cotterill explained the concepts and abuses; long before countries expressly criminalised sex tourism, Morris-Cotterill explained how to attack the money flows to reduce the incidence of fly-in child abuse; before the concept of a "risk approach" was on any regulator's agenda, Morris-Cotterill presented all money laundering related compliance and avoidance as a risk management issue. And he introduced and explained the risks of laundering through dealers in high-value goods. Right from the outset, he explained that counter-money laundering laws apply to all businesses and beyond, not only those required to maintain risk management systems under various Regulations, etc.
That is just a small selection of the things that first appeared in this book but have since become recognised as norms or standards. Morris-Cotterill wrote the book for a general business readership, not just lawyers and high-level staff in financial institutions: he dealt with compliance in, for example, car dealers and other dealers in high-value goods. So he eschewed complex terms such as "Placement, Layering and Integration" instead creating the alternatives "hiding, moving and investing" - terms which have recently found their way into US government documents.
How Not To Be A Money Launderer was a ground-breaking book that had an extraordinary ability to predate the development of counter-money laundering laws around the world the book emphasised the development of wilful blindness which as "reasonable cause" is now at the heart of counter money laundering laws around the world. The book will continue to do so as the risks and approaches developed in it continue to be adopted.
"The most obvious lesson to be learned is one which goes against the grain of all manner of institutions who think they are too big, too old, to wise to be taken by a fraudster, a money launderer or a negligent employee. No-one is that good." "If I see copies of this book on desks in banks, travel agents and second hand car dealers, I will feel a little more confident that I achieved an objective: to make a complex and worrying subject one which can be understood not just by lawyers and senior managers in large organisations, but also by all those who, but for the understanding they gain, might end up in gaol because they did not realise what the law could do to them. "If you are in any way involved in the ownership or management of any business, this book will show you what aspects of your business need to be addressed."
"A lot of information here" - The Daily Telegraph
"A book everyone in business should read" - Legal Abacus
Where to buy the book
1. What is Money Laundering?
What is Money?
Comparing financial crime and other crime
Billy follows Willy
2. Who Launders Money?
3. What sort of money is laundered?
USA Mob Rule
The influence of drugs
Incas of tiredness, chew one leaf
Customs and Excise Frauds
Prescription and Healthcare Fraud
The stationery scam
The other stationery scam
The Nigerian Scam
Advance Fee Fraud
If it looks too good....II
Standby letters of credit
Other lawyer fraud
Fraud in Fiduciary Relationships
Russians buying cars
Representative Offices of oversea banks.
Other Computer Crime
A very serious note.
5. The Commonalities of Fraud and Money Laundering
Introduction to the problems of recovery
6. Financial Sector Regulation in the UK
Action plan for basic internal controls
on tracing proceeds of crime...
7. Confidentiality and Secrecy in the Banking and Professional Sectors
8. The Law
Offences in England and Wales
The obligation to report a person suspected of money laundering
Concealing or transferring proceeds of drug trafficking
Assisting another to retain the benefit of drug trafficking
Use of proceeds of Drug Trafficking
Investigations into drug trafficking
The Prevention of Terrorism (Temporary Provisions)Act 1989
The Criminal Justice Act, 1993
Offences not related to drugs or terrorism
Criminal Justice Act 1993
Jurisdiction (includes international effect)
Money laundering and other offences
Acquiring etc. proceeds of criminal conduct
Concealing etc. proceeds of criminal conduct
9. Money Laundering Regulations 1993 (UK)
Record Keeping: a practical note
10. Creating systems
Corporate Culture Change
11. Compliance with the UK Regulations
How do you go about setting up a compliance system?
Train relevant staff to identify money laundering and in the steps to take if they make an identification
Create and implement a system for identifying every applicant for business to whom The Regulations apply
Create a system for retaining the records of identification
Create and maintain a system for the making of reports to a nominated person within the organisation
Appoint a nominated person to receive reports and to consider those
reports and decide upon appropriate action to take with regard thereto
12. Money Laundering Techniques
Cigarettes and spirits
Anonymous Bank Accounts
Owning a bank
13. Recognising the money launderer
The "Jeanetic" Theory of Financial Crime
The case of Bank Leu
Wilful Blindness, part one
International effect of laws
Global planning for risk management
Wilful Blindness, part two
The rôle of the expert witness
The Characteristics of the money launderer
14 Laundering and the Euro
15. AT RISK GROUPS
Antiques, Art and Stamp dealers
Bankers / finance houses/ Building Societies
Bureaux de change
Doctors / other medical staff
Private Health Care
Insolvency practitioners / Receivers
Printers / bookshops
Regulatory Body Employees
School teachers / Matrons
Stockbrokers / money dealers
Trading Standards Officers
16 Other Jurisdictions
The Republic of Ireland
United States of America
- Jurisdiction over the Currency
- Common Law model.
- The Civil Law model
As always: when buying from Amazon.Com beware of Amazon scalpers - companies that advertise on Amazon's own system to sell books for vastly inflated prices. Buy direct from Amazon not from third parties advertising on Amazon's platform.
Nigel Morris-Cotterill's books are available from on-line and bricks and mortar bookshops in paperback and via Amazon group sites in e-book.
Amazon.Com - Paperback - How Not To Be A Money Launderer: The Avoidance of Money Laundering and Fraud in Your Organisation
Amazon.Com - e-book - How Not To Be A Money Launderer (e-reprint)
Kindle e-readers and tablets: Kindle models
Kindle Reader Apps for phones, tablets, PC and Mac.
Information at The World Money Laundering Report website
© 2014 Nigel Morris-Cotterill
All rights reserved