Monday, September 28, 2015

Business secretary Sajid Javid promises to reduce bureaucratism on money laundering

Cumbersome rules that cost customers and banks time and money but do not actually stop money launderers and terrorists could be axed, business secretary Sajid Javid says, under a new assault on red tape in the finance sector.
Rules to stop the transfer of ill-gotten gains have tightened in recent years following a spate of high-profile scandals such as HSBC’s failure to stop laundering by Mexican drug dealers using its accounts.
However, those tighter rules have also harmed some innocent customers. Some have found themselves cut off from bank accounts or payment services because they are associated with unstable countries such as Somalia, while others have had to pay fees to prove their identity to their bank or investment firm.
“We are committed to saving businesses a further £10bn in red tape to help create more jobs for working people, boost productivity and keep our economy growing,” said Mr Javid, who is himself a former financier and used to work at Deutsche Bank.
“This new review is about making sure the rules we have to protect our strong financial services industry from abuse are not unintentionally holding back new and existing British business. I want firms to come forward and tell us where regulation is unclear or its enforcement ineffective.”
The call for evidence from the Department for Business, Innovation and Skills is open until October 23, and seeks to hear from banks and their customers if there are cases of the rules being disproportionate and heavy handed. Ministers also want to see any examples of better systems from around the world.
Banks hope that the threat of enormous fines will be reduced in instances where lenders can show they worked hard to meet competing goals of stopping illegal activity while also serving the vulnerable customers who the government wants to help.
A particular concern is incoming rules on politically exposed persons, shortened to PEPs in the sector’s jargon.
While this traditionally covered politicians in countries with high levels of corruption, new EU rules could expand this to all politicians in the UK and their families.
“This sometimes runs a little contrary to common sense,” said Chrisol Correia, director of global anti-money laundering at LexisNexis Risk Solutions.
“For example, this will mean that at the point of entry to a bank, the son or daughter of an MP will initially have the same risk weighting as the governor of an oil rich province from an unstable emerging economy – the bank will have to treat them initially the same way, when they clearly pose different levels of risk,” he said.
“That will be quite demanding on customers, and it is a large population, covering elected officials, civil servants, senior members of the judiciary and military, and also their family members.”
Those customers and their banks will all have to spend far greater amounts of time applying for accounts, which means resources will not be free to allocate to the riskiest customers, he said, and could result in higher costs for ordinary customers across the bank.
One problem for the government is that the British authorities may not easily be able to adjust rules and guidelines which are set at a global or European level. In addition, UK banks must abide by differing rules on the ground in the different countries in which they operate - particularly the US, which enforces its finance rules rigorously, covering anyone who settles dollar transactions through the US even when the parties involved in the tranfer of funds are based in other countries.

Five men have been arrested following an investigation involving the FBI into cocaine trafficking and money laundering in Australia

Five men including a well-known music promoter have been arrested following an investigation involving the FBI into cocaine trafficking and money laundering in Australia, police said Friday.

New South Wales police said the case, which allegedly involves money laundering through casinos, dates back to 2011 when they seized Aus$702,000 (US$500,000) from a Sydney hotel room.

"We'll allege that the criminal network involved has been importing cocaine to Australia [and] that approximately $5 million or so has been laundered as a result of that importation," Detective Superintendent Scott Cook told reporters.
"[The] $702,000 that we seized in 2011 related to that."

Police said three men were arrested in Sydney on Thursday, another in Melbourne and the fifth in the United States, reportedly as he played golf.

They did not name the five but the man arrested in Melbourne was named in reports as music promoter Andrew McManus, 54, whose promotion company has been involved in bringing bands such as Kiss to Australia.

New South Wales police said only that a 54-year-old had been charged with perverting the course of justice, having the intention to defraud by providing a false or misleading statement, and knowingly participating in a criminal group.

A lawyer for McManus said his client would "strenuously defend the charges that have been brought against him".

All four arrested in Australia, two of whom face the same charges as McManus while the third was charged with money-laundering, have been released.

Australian police said they would seek the extradition of the man arrested in the United States, who is a citizen of that country, on allegations of money laundering, drug supply and other offences.

NBC’s Monica Dean and Voice of San Diego’s Liam Dillon talk about why campaign money laundering is a problem

The laws are clear; people are only allowed to give a specific amount of money directly to political candidates. For races in San Diego, for example, the limit is $1,050. When people try to go around the law and stream more cash into political campaigns, it’s called money laundering.
Last year, the city found two associates of Jose Susumo Azano Matsura laundered $8,000 this way to District Attorney Bonnie Dumanis’ unsuccessful 2012 mayoral campaign. The city also found the owner of NK Towing in Vista illegally used the names of four of his employees to donate $2,000 to Dumanis’ campaign.
Right now, city and state investigators are looking into whether tow company owners laundered money to campaigns supporting Dumanis and four other local politicians over the past six years. If proven, it could represent the largest effort by an industry to illegally influence San Diego political campaigns in more than a decade.
On this week’s San Diego Explained, NBC’s Monica Dean and Voice of San Diego’s Liam Dillon set up at a local laundromat to tackle the issue of campaign money laundering and talk about why it’s a problem.

EU promotes its rights for anti-money laundering Bahrain former minister’s notice of appeal was dismissed by Court

The Federal Criminal Court in Bellinzona rejected an appeal on Tuesday by a Bahraini former oil minister suspected of money laundering in a corruption case which has spanned several countries. A freeze on $2 million (CHF1.95 million) held in Swiss banks was extended.
The case, still under investigation by the Federal Prosecutor’s Office, involved money originating from bribes made by the US aluminium giant Alcoa to Bahraini authorities in charge of the country’s firm Aluminium Bahrain (Alba).
In January last year, Alcoa pleaded guilty in the United States to having paid millions of dollars to officials in the Gulf emirate through an intermediary in London. The company agreed at the time to pay $384 million in fines.
The Swiss federal criminal court stated that the Bahraini ex-minister’s involvement in the case’s corruption had been “clearly established”. The minister and then chairman of Alba, who is also a member of the emirate’s royal family, has been the focus of investigations carried out since 2011 by the federal prosecutor’s office.
The Federal Criminal Court said the former minister had received 43 payments worth $24 million into four bank accounts, including two in Switzerland.
Middleman’s Lausanne link
Documents in the US case charged that Alcoa had illicitly secured a long-term agreement to supply alumina – a material used to produce aluminium – to Alba, using shell companies owned by a London-based businessman. Some $110 million in bribes had been paid to Bahraini authorities, according to the charges.
An earlier criminal trial in Britain against the middleman involved in the transactions collapsed when the judge instructed the jury to return a non-guilty verdict, after witnesses refused to give evidence.
In Switzerland, the case against the Anglo-Canadian businessman, whose operations are based in Lausanne, benefited from a partial closure in April when money-laundering charges against him were dropped.

Goldman Sachs Supports First Ever License For Bitcoin Company

New York’s financial regulators have issued the first ever BitLicense to a Boston-based Bitcoin startup backed by the global investment giant Goldman Sachs.

The BitLicense was the first set of state-based rules governing specifically targeting virtual currencies. They were finalized in June under the supervision of former DFS head Benjamin Lawsky after intense lobbying efforts by Bitcoin supporters and detractors.

Circle Internet Financial was the one to make history gaining the first ever BitLicense and will now be able to offer its services in New York state.

Circle will be under the watchful eye of the New York Department of Financial Services who will monitor the company to ensure compliance with strict regulations governing money laundering, capital requirements and consumer protection. The DFS is currently reviewing applications from 24 other firms.

FROM AROUND THE WEB
A mobile payments firm that can transfer and exchange Bitcoin, the largest and most advanced virtual currency. The company has 65 employees and customers in 100 countries. The BitLicense was the first set of state-based rules governing specifically targeting virtual currencies. The DFS is reviewing applications from 24 other firms.

Anthony J. Albanese, New York’s acting superintendent of financial services, said in a statement. “Issuing the first BitLicense is an important milestone in the long-term development of the virtual currency industry. Putting in place rules of the road that help protect consumers from loss or theft and root out illicit activity is vital to building trust in this new financial technology,”

Digital currencies have been a constant source of controversy with regulators and government officials suspicious of their ability to expand options to conduct illegal transactions. However, Bitcoin and other online currencies have begun to be accepted in the wider financial community and are being embraced by mainstream institutions.

The Bitcoin industry had serious reservations about the introduction of a BitLicense, fearing that it would hamper innovation, stifle growth and make New York and unattractive place for digital currency entrepreneurs.

Circle co-founders Sean Neville and Jeremy Allaire are still cautious about the BitLicense but have come to accept the rules as the price of doing business.

“We’ve been fairly vocal about our concerns with the BitLicense, especially in its initial incarnation. Many of those issues were resolved, and though still not perfect, the BitLicense and its requirements became clear and irrefutable prerequisites for serving and supporting everyone in New York,” the co-founders wrote in a blog post.

‘Members of the Revolutionary Armed Forces of Colombia’ permitted money laundering in Switzerland


The US Treasury has imposed sanctions on four alleged FARC members under the 1999 Kingpin Act for drug trafficking and money laundering using a shop in Zurich, Switzerland as a facade for their activities.
Jose Vicente Peña Pacheco, Adolfo Fonnegra Espejo, Ivan Gonzalez Zamorano, and Cristian David Gonzalez Mejia, who all live in Switzerland, were designated as Specially Designated Narcotics Traffickers on Thursday.
Their assets in the US have been frozen, and all American firms and citizens have been banned from doing business with them.
The four men have been linked to drug trafficking and money laundering conducted by the FARC and Omar Padilla a.k.a. “Lucas Gualdron”, FARC’s International Commission member for France Italy and Switzerland, according to the US treasury.
Behind the Zurich-based Colombiano Latin Shop, which sold Colombian products, traded gold, and provided phone and money remittance service, Pacheco, in partnership with Padilla, was allegedly moving FARC money around the world, giving the group access to the international financial system.
Espejo, Zamorano, and Mejia have allegedly been trafficking drugs from Colombia and Panama to Switzerland.
“Today’s action combats the FARC’s efforts to finance its ruthless operation and expand the flow of drugs to US and world markets,” said John E. Smith, Acting Director of the Office of Foreign Assets Control.
Padilla, allegedly one of the key members of the FARCs “International Commission” and considered to be the groups prime representative in Europe, has been living in Switzerland since 2006.
Padilla was designated as a Specially Designated Narcotics Trafficker in 2009 for carrying out FARC activities from Europe.
By tracking the movements of these criminals, it also allegedly became apparent that FARC money has been arriving in Costa Rica where it is managed by the family of Jorge Victoria, a member of the guerrilla group who has taken part in the peace negotiations in Havana between the Colombian government and the group that started in 2012.

The FARC are currently engaged in peace talks with the Colombian government in an attempt to de-escalate the countries 51 year conflict. This deal would include the rebels’ abandoning of drug trafficking.

Fourth Anti-Money Laundering Directive was updated by EU Financial Regulation

On 5 June 2015, the Fourth Anti-Money Laundering Directive was published in the Official Journal of the European Union. AML IV came into force on 26 June 2015 and Member States will have until the 26 June 2017 to transpose it into their national laws.
AML IV aims to strengthen EU rules against money laundering and to ensure consistency with the approach followed at international level.

Key Amendments to the Existing Regime

  • Extension of scope – AML IV introduces requirements which will increase the number of traders caught by its scope. AML IV proposes to reduce from Ђ15,000 to Ђ10,000 the cash payment threshold for traders in goods. It also expands on the scope of rules relating to the gambling sector and will include providers of gambling services and not just casinos as provided for in the Third Anti-Money Laundering Directive.
  • Application of a risk-based approach – Member States will be required to provide guidance on how to assess and identify risks.
  • More restrictive rules on customer due diligence – Obliged entities, the new name for designated persons, such as credit institutions and investment firms conducting customer due diligence will be required to take enhanced measures in respect of customer due diligence where the risk of money laundering is greater and can take simplified measures where the risk of money laundering is less.

Beneficial Ownership

Provisions are contained in AML IV which will oblige Member States to keep central registers of information on the ultimate beneficial owners of corporate entities and trusts.
The registers will be accessible to regulatory authorities and their financial intelligence units, obliged entities and the general public. To gain access to the registers, a person will need to demonstrate a legitimate interest in the stored information.

Sanctions

AML IV specifies a number of sanctions to penalise obliged entities who fail to meet their anti-money laundering obligations.
AML IV provides for a maximum financial fine of at least twice the amount of the benefit derived from the breach of AML IV or at least Ђ1 million.
For breaches involving credit or financial institutions, AML IV provides for a maximum financial sanction of at least:
  • Ђ5 million or 10% of the total annual turnover in the case of a legal person; or
  • Ђ5 million in the case of a natural person.