It is necessary to draw a distinction between the proceeds of financial crime and the proceeds of other crime.
There is no generally agreed definition of financial crime: the simplest way of looking at it is that financial crime generates money as its primary activity.
Other types of crime generate something which has to be turned into money or a money equivalent. So, for example, a criminal who steals a car needs to find a buyer before he can enjoy the profits of the offence. Similarly, a drugs dealer has to convert the drugs into money before he can spend it.
In many countries, there was an attempt to control the trade in stolen goods by making the person who handles the stolen goods, “the fence”, liable to heavy penalties, often more severe than those to be suffered by the original criminal. The reason for this was that the criminal would be less likely to commit crime if he could not turn the stolen goods into cash.
However, the incidence of economic crime - fraud, extortion, theft of money has led to this method of crime prevention proving useless. There was no-one handling stolen goods. Yet, there was someone handling the proceeds of crime, every time the criminal wanted to spend the proceeds or invest it.
Someone within the financial system was holding or moving the money which had been generated. Someone was hiding it from the authorities, the modern equivalent of burying bundles of cash in a sack under a tree.
In most countries, money laundering was not regarded as a priority: the only reason money was tracked was to try to identify the criminal and there was no sanction in criminal law applicable to the person who took in the money and helped the criminal to hide it.
If a person wanted to recover money stolen from him - or the proceeds of the disposal of goods - he had to mount a civil action called a tracing action. Such actions are extremely expensive and, because criminals often have no significant assets other than those which are the proceeds of crime, the costs of recovering the money had to be met from out of what was recovered. Often, this was not economic and so the person who the police term “the loser” would often not bother unless large sums were at stake.
So it was that the proceeds of the UK's Great Train Robbery, thirty years ago, could be spent largely without fear by associates of the criminals, as could the proceeds of the Brinks Mat robbery at Heathrow. At the time of both offences, the UK had no laws to control money laundering. However, in the latter case, there were prosecutions for associated offences.
The spending of money was itself a cause for suspicion. If someone with no visible means of support, or who claimed to have only a poorly paid job, was seen driving an expensive car, it could be a reason for the police to ask how he could afford it. To overcome this, criminals needed to find a way of being able to prove that they had come by the money to buy the car in an honest way.
So they began to “launder” money.
The term “money laundering” is said to originate in the days of American gangsters when extortion, gambling and prohibition breaking generated huge sums in cash. The gangsters opened outwardly legitimate businesses and banked the takings from those businesses along with the proceeds of crime. But not any sort of business would do.
A favourite sort of business was, apparently, a laundry - washing clothes - because all the customers paid in cash and there was little, if any, way of the takings being calculated other than by the authorities undertaking a full time watch.
The terminology of money laundering still reflects those beginnings. Although there are proper terms, the stages of money laundering are often referred to as “wash, spin, dry” or “washes, sinks, rinses”. The proper terms are “Placement, Layering, Integration.” At Silkscreen Consulting, we prefer our own terms: "hide, move and invest."
Perhaps of as much interest is that one of the new crop of businesses which launderers favour is the modern laundry – the car wash.
Increasingly, money laundering is being regarded as one of the evils of the modern world. Governments are being encouraged or even coerced into enacting measures to combat the use, by criminals, of their economic systems to pass the proceeds of crime into the legitimate economy. It is a logical assumption that people laundering large amounts of money via, for example, Burma want to expatriate it to a place where they can enjoy it.
In the mid 1990s, there was criticism of Burma’s refusal to enact any anti-money laundering laws. In fact, the Burmese government has said, in effect, that it will not enact money laundering laws because the domestic economy would suffer a crisis if it were to do so. Nevertheless, the Burmese government is sensitive to the reporting of such matters and in 1995 they jammed the BBC World Service which had carried such a report.
Counterfeit Currency
There is often a misunderstanding that money laundering is the passing into the economy of counterfeit notes and coin. This is, in fact, not so.
Although there are similarities in the ways in which fake money is entered into the economic system the counterfeiter needs to get his value as soon as possible and to distance himself from the "money" which is the evidence of his crime.
This is the exact opposite of the objective of money laundering where the criminal has the objective of getting back as much as possible of the money he entered into the economy. A counterfeiter will usually sell his fake money at a substantial discount against face value. However, it is important to remember that he becomes a money launderer not when he sells his “product” but when he tries to spend the money he received when he sold it.
The whole concept of counterfeit currency has been a major embarrassment for the US Government:
Several years ago, the Secret Service station at the US Embassy in Athens worked with the Drugs Enforcement Agency or DEA in Nicosia and huge sums of counterfeit US currency - in USD100 bills - were used to make drug buys in Europe, the US and Mexico (1). The Defense Intelligence Agency or DIA was informed that much of the counterfeit was printed in Lebanon. Large quantities of genuine USD1 bills were bleached and reprinted, therefore giving the fake notes a greater degree of genuiness. But even better forgeries were coming from Iran where the US mint had sold printing presses.
Most of the counterfeit currency used by the DEA was provided by Monzar al-Kassar: he had two bank accounts into which the US government paid a regular CIA retainer. His accounts were numbered 50 30 74 95 (in Vienna) and 51 02 30 C-86 (in Geneva). Bankers reading this might like to check your records.
The counterfeit currency problem was explained in The Times(2).
US Customs had found that there was a supply of near perfect USD100 notes originating, it was believed, in Lebanon. The supply was said to be so large that it was said to be capable of destabilising economies. A senior Russian central banker was quoted in The New Yorker as saying that his country was being swamped with the notes which are so near perfect that the Federal Reserve’s machines, previously praised for their sensitivity, cannot spot the fakes. The notes had, it seemed, Syrian sanction. Syria controls Lebanon. The problem was so great that Syria was told to cease production or face a breakdown in talks to improve relations between Washington and Damascus. Of course, it is possible, given the facts presented earlier, that the USA is simply reaping what it has sown.
There is a fear of economic terrorism behind the Lebanon notes. But it goes deeper than that. Lebanon is a source for many drugs. Payment for those drugs is fed back to Lebanon. The comment from the Russian banker gives some special cause for concern today. If Russia is being swamped with Lebanese forgeries, as he says, then it is sensible to assume that there is also a considerable quantity of genuine money passing from Lebanon to Russia.
Lebanon is a major centre for drugs. Russia is known to be a major centre for laundering money from a range of sources. In this way, counterfeit currency is mingling with genuine currency. But the problem in Russia is even more complex.
Russia is a country with a closed economy. Even after the break-up of the former Soviet Union, the Ruble remains a currency with little international exchange and even less international credibility. Indeed, in November 1998, the Russian Government is reported as entering into a rescue of its banking system. Many ailing banks need support and the estimated bill is 141 Milliard Rubles. But, according to the Central Bank, only 54 Milliard Rubles is available.
Because of the instability of the domestic currency, a very significant amount of Russian international trade is done in US Dollars. However, because of economic uncertainties, much of the business done within Russia is also done in US Dollars. This is perhaps surprising because under Russian law, it is illegal to conduct business in any currency other than the Ruble. Even so, the effect has been to create a parallel economy which operates openly alongside the Ruble economy.
In Russia, staff are often paid in a mix of US dollars (which are regarded as a safe currency) and Rubles to pay their rent and buy food. One of the difficulties is that Russia has high inflation and so people don't want to hold onto Rubles which will buy less tomorrow than they will today.
In 1996, in a report to BBC Radio 4, the BBC’s Moscow Correspondent Diana Goodman revealed how Russians used to go to the frozen wastelands of the North to work for higher salaries in order to save for a flat when they returned home. They would holiday in the South to get some daylight yet still build savings of perhaps 10 000 Rubles which would be sufficient to move back to their home towns and buy a flat. However, only five years after the break-up of the Soviet Union, that sum would buy only a bottle of vodka. People who thought they would spend a few years in an environment so hostile that life expectancy is considerably shortened now face a future where their savings will not even pay their fares to leave.
As a result, dollars are seen as an investment or at least a relatively inflation proof medium of exchange.
In the commercial world, the dollar is king because it is readily moveable internationally (a subject we will come back to later): in 1995, anecdotal evidence suggested that the average bag of money found by Russian customs being taken into Russia was USD90 000.
But, now, there is a problem: the parallel cash economy is flooded, the Russians say, with fake dollars so good that they are, in effect, additional money in the unofficial economy of Russia’s post Soviet regeneration. It is possible that it is not overstating the case to say that Russia’s economic development has been funded - in significant measure - by fake money.
This is not, of course, anything too far removed from the old Communist system of printing more notes and issuing them as real money: with nothing to back its currency, the old Soviet Union was, basically, forging its own money. Now, its economy appears to be, in substantial part dependant, on forgeries of someone else’s. A very valuable potted history of Russian banking is to be found in Understanding Russian Banking by Lapidus and van de Wall-Palms(4)
The US has been less than impressed with this and, after several years of trying to develop a security paper, is replacing the 100 dollar bill with a new one, intended to be more difficult to forge.
However, there is concern that this will lead to a serious problem in the Russian economy: if the money in circulation is fake, it will not be exchanged for new notes. This means that the parallel economy will be at risk.
Logic says that this will create an increase in the rate at which fake notes are passed into the economy; indeed to pass all old style USD100 notes into the economy, whether or not they are fake. The market will become flooded with the old notes during the transitional period and few will know which are real. Businesses all over the world will find that they are left with banknotes which are worthless and which banks, if they can identify those which are fake, will not accept. As each USD100 is worth about £65 so you, as a shopkeeper, petrol station owner or restaurateur have a shock if your bank spots the fakes: the bank will treat is as if it were a bounced cheque and you will get no value for it.
Indeed, as the USA the new notes are circulation, the process of shedding the old notes has already begun as it will be a long term project to get rid of substantial amounts of paper money. The safest bet is for all businesses to decline to accept the old USD100 bill.
This is why:
Attempts to prevent money laundering in the UK have been around for some time. One of the most bizarre was a solution suggested by Harold Wilson in 1965. In Government papers released on 1 January 1996 under the Thirty Year Rule, it was revealed that Wilson pressed for a novel way of preventing the Great Train Robbers from laundering the £2.5m they had salvaged from destruction on its way to the furnace.
He decided to secretly prepare replacement banknotes and suddenly withdraw all former currency. Banks would ask customers to account for their money in order to exchange it. Criminals would find that the money they had kept under the mattress would become useless after a cut off date.
The idea was rejected by the Mandarins as impossible to effect. Now, fast forward thirty years - third quarter of 1995 - US President Bill Clinton, faced with a need to boost his popularity, has chosen organised crime as a battleground and money laundering as a main target. He has also decided that internal politics have little immediate chance of rescuing his political career and he will have to look overseas for his salvation. He tells the US people that he is targeting money laundering in offshore centres. He also draws attention to those nasty people making forgeries of USD100 bills and passing them off as real. He tells Syria to stop Lebanon making more and announces a plan to replace all 100 dollar bills in circulation with a new design printed on new paper. And announces that the paper will be a new American design, which has taken four years to perfect (instead of using a suitable British paper as it would be embarrassing to import the paper for the currency).
Unlike Wilson, he announces his plan long in advance. So everyone knew what would happen in 1996 and crooks began to change their USD100 dollar bills for anything else, leaving the innocents with worthless paper. Silly Billy.
In fact, the continual problem of counterfeit dollars has continued to plague the USA because the USD100 bills have not been entirely exchanged. As a result, there remains in circulation a large, unquantified, volume of high quality fake US Currency.
But the plan to shore up an unpopular President worked well. So well, in fact, that it has been copied elsewhere. This is important in connection with money laundering.
In 1997, Britons elected a new Government. The Labour Party had, during many years in opposition, learned the value of media relations and were able to be by far the dominant party in the election campaign, getting their message across powerfully and effectively and, by bombarding the media with an ever changing diet of subjects, sometimes changing every few hours, making the task of keeping up with them difficult. As a result, the media were kept so busy reporting the latest statements that no time was taken to question the underlying truths behind the claims and promises.
In Government, the Labour Party made a series of high profile decisions and implemented them without the opportunity for public or parliamentary debate. The Labour Government was swelled up by an unprecedented landslide victory in the British “first past the post” election system and the opposition parties were in total disarray having been almost wiped out. In the case of the former Government, it lost most of its leading and experienced figures. The new Ministerial team had an apparently tame back-bench fan club and a steamroller effect was inevitable. But within a few months, it became clear that most of the measures being implemented were actually window dressing and the media offensive was needed to divert attention from the fact that little was in fact being done and that that which was proposed was deeply unpopular.
The Government fell back onto the ploy of announcing a review of everything it could think of – the argument was simple: the Labour Party had been out of Government for 18 years therefore it did not know the state of play. As a result, it needed to do research. Then it would know what to do.
A highly publicised programme of internal and external research was commissioned at each of the various Government department. It is important to understand that in the British system, civil servants administer the Country at the direction of Ministers who apply the policies approved by Parliament which carries out the will of the People.
So, upon the election of a new Government, the Departments already have the benefit of many reports and position papers and of staff who know the operations of the Department. It follows that the creation of a review to take, say, 18 months, is merely a means of buying time – to avoid doing anything constructive. Then, come the next election, the Government will say that it has not been able to make a significant difference in its first term because it found itself delayed by lack of information and then, when the information was delivered, there was insufficient time to act upon it but, if the people will give it a further term, it will be able to carry out its policies. But it is also important to understand that in opposition, the current Government also had access to considerable information and frequently asked questions about matters within the Departments where reviews are carried out.
The downside of this is that, after a spell of frenetic activity, there is a period where nothing appears to be happening and, as a result, the press and the people have time to ask questions.
So it is that the question arises as to what to do to divert media and public attention. Apart from the professions and the financial services industry (a safe standby as the Public have an almost collective dislike of lawyers, bankers and insurance companies) there is Organised Crime.
Everyone who knows anything about the subject knows that the war against Organised Crime is already lost in most countries. The battle against drugs is a forlorn cause. But, in the absence of an overseas war to fight, claiming to be against Organised Crime is a good second: because everyone knows it is a war that cannot be won but points can be scored for trying. So, when the Robin Cook, the Foreign Secretary, having just been a big winner in the General Election and the round of Senior Government Appointments, was preparing to leave his wife and to live with his mistress, he needed a diversion. In Malaysia, he made a heavily publicised speech in which he drew attention to Drugs Trafficking, Organised Crime and Money Laundering.
The Treasury, recognising that its Budget announcements were unpopular, announced a review of the management of the financial services sector including adding to the function of Regulators the responsibility to ensure compliance with UK money laundering laws.
This had a complex result: first, the Government had announced an intention to be firm on those assisting organised crime.
Secondly, it meant that the Regulators recognised that at some future date they would have to maintain money laundering system checks and thirdly, as the Regulators were sizing up each other in readiness for the Turf Wars which have arisen from the announcement that all current regulators are to be amalgamated (and therefore each one needs to be seen to be more demanding of its members than the others in order to secure the plum positions in the new Regulator) have begun to regard the existence (but not, so far it appears, the adequacy) of systems as a part of their remit.
However, the pronouncements have caused considerable uncertainty: not all regulators will fall within the Financial Services Authority. There is no statutory basis for putting the Civil Regulators in charge something which is covered by the Criminal Law. Even worse, although all the Regulators have begun to move into a single building and there is considerable recruitment being undertaken by the Financial Services Authority, the legislation to give it powers has not even been presented to Parliament as a Bill. In the November 1998 Queen's Speech, in which the Monarch lists her Government's legislative programme for the next session of Parliament, it was announced that steamroller provisions would be applied to prevent the FSA Bill being lost due to lack of time if it was delayed by debate.
Other Government departments have made pronouncements on a wide range of issues relating to data encryption (apparently organised crime gangs can use it so consideration is, they say, being given to making it illegal), and on organised crime, laundering through tax havens (even to the extent that implied threats have been made by the UK Government to the Governments of the Channel Isles and the Isle of Man, all independent states). Indeed, the Edwards Report into Offshore Centres makes considerable reference to the use of offshore centres for financial crime - whilst the Government ignores the fact that one of its own senior ministers uses offshore facilities to mitigate his tax bill.
In short, calling the name of organised crime in general and money laundering in particular is an effective way of diverting attention and is used with frequency. However, what is not done is to provide incentives and resources for enforcement authorities to properly investigate money laundering. Such investigations are complex and expensive.
To return to the Lebanese notes, it is the fact that they are said to be so good and that they are mixed with legitimate money which creates some similarity, in a limited way, with money laundering. The fake notes are camouflaged by the good notes.
People in business frequently complain that they waste half of their advertising budget. But they don’t know which half.
And so it is with money laundering.
Unless you are naive, you know your organisation is laundering money but you don't know which money is dirty.
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(1) Money - whence it came, where it went, Andre Deutsch, 1975
(2) Trail of the Octopus: From Beirut to Lockerbie - Inside the DIA
(3) The Times, London, 16 October 1995. www.the-times.co.uk/
(4) Understanding Russian Banking: Russian Banking System, Securities Markets, and Money Settlements
Now available for Kindle and the Kindle reader for PC, How Not To Be A Money Launderer (the avoidance of money laundering and fraud in your organisation).
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