Month: March 2023

Britain Reviews Plans for ‘Edinburgh’ Light Touch Regulation Following SVB Collapse

Regulation
BRITAIN’S plans to re-introduce light touch regulation was being reviewed this week in light of the SVB collapse. UK prime minister Rishi Sunak and chancellor Jeremy Hunt have seeking regulation of the country’s financial services to make it more attractive post-Brexit. Known as the Edinburgh Reforms, these are now being re-considered. Vicky Saporta, executive director for prudential regulation at the BoE, said last month that the legislation was “a big deal” and would “make a big difference” to the way it regulated banks. However, the government was now being urged to be far more cautious. “The Treasury must be careful…

IWD2023: Women in Financial Crime; and why we must now operate in the age of continuous approach to KYC enabled by widely available tools

KYC
So it was such an honour and privilege for me to recently chair the incredible ‘Women in Financial Crime’ Summit. Indeed some key takeaways and reflections on that day, attended by hundreds of like-minded AFC professionals globally, that stand out for me. Financial crime mutates, evolves, adapts and, because of that, the response we provide to it – as individuals, institutions, governments, and societies – must constantly evolve, too. Debate and education are what fuels this evolution and makes us stronger. In a way, change was one of the unspoken themes of our conversation at the Summit. ‘Part of the…

SEC Charges Crypto Entrepreneur Justin Sun and his Companies for Fraud and Other Securities Law Violations

Fraud, Prosecutions
Eight celebrities also charged for illegal touting of Sun’s crypto asset securities FOR IMMEDIATE RELEASE2023-59Washington D.C., March 22, 2023 —The Securities and Exchange Commission today announced charges against crypto asset entrepreneur Justin Sun and three of his wholly-owned companies, Tron Foundation Limited, BitTorrent Foundation Ltd., and Rainberry Inc. (formerly BitTorrent), for the unregistered offer and sale of crypto asset securities Tronix (TRX) and BitTorrent (BTT). The SEC also charged Sun and his companies with fraudulently manipulating the secondary market for TRX through extensive wash trading, which involves the simultaneous or near-simultaneous purchase and sale of a security to make it…

Crypto laundromat which washed €44M in dirty money is taken down in operation by German, US police

Digital Currencies, Money Laundering
POLICE on both sides of the Atlantic today reported bringing down a massive money laundering operation using a cryptocurrency mixer at its heart. Criminals are suspected laundering of 152 000 Bitcoins (worth roughly BILLION) through the ‘ChipMixer’ platform. Much of the dirty money was connected to darkweb markets, ransomware groups, illicit goods trafficking, procurement of child sexual exploitation material, and stolen crypto assets. Officers in Germany and the US said they took down the infrastructure of the “laundromat” platform, seizing about 1909.4 Bitcoins in 55 transactions (approx. €44.2 million) and 7 TB of data. Ransomware actors such as Zeppelin, SunCrypt,…

Financial Crime Watchdog FATF Suspends Russia over Ukraine War

Counter Terrorist Financing, FATF, Money Laundering
PARIS, Feb 24 (Reuters) – Global financial crime watchdog Financial Action Task Force (FATF) suspended Russia’s membership on Friday, saying Moscow’s war in Ukraine violated the organisation’s principles. FATF is an inter-governmental organisation set up to combat money laundering and terrorism financing by setting global standards and checking if countries respect them. “This is the first time a member of FATF is suspended,” FATF President Raja Kumar told a news conference. “Russia is effectively sidelined from the organisation.” Article Credit: https://www.reuters.com/world/europe/financial-crime-watchdog-fatf-suspends-russias-membership-over-ukraine-war-2023-02-24/

FATF Publishes its ‘Tougher’ New Beneficial Ownership Standards

KYC, Regulation
FATF today published its “tougher” global beneficial ownership standards to assist countries and financial institutions to prevent shell companies being safe havens for illicit proceeds. The task force’s Recommendation 24 requires countries to ensure that competent authorities have access to adequate, accurate and up-to-date information on the true owners of companies. The Paris-based body has also updated the guidance that will help countries implement the revised Recommendation 24. The guidance explains types and sources of relevant information, and mechanism and sources to obtain such information. This includes the multi-pronged approach, which consists of combining information from, among others, companies themselves,…

UK Gambling Commission Fines 32Red and Platinum Gaming £7M for AML, Social Responsibility Failures

Money Laundering, Prosecutions
BRITAIN’S Gambling Commission today fined 32Red and Platinum Gaming with a €7.1M fine for AML and other failings. The Commission said the penalty on the online operator owned by Kindred Group Plc was also to includes social responsibility failures. “These failures highlight clearly that both operators failed to interact with customers in a way which minimises the risk of them experiencing harms associated with gambling,” said Kay Roberts, executive director of the Gambling Commission. The regulator said financial triggers for anti-money laundering reviews at 32Red were too high and not appropriate to effectively manage money laundering and terrorist financing risks,…

Ericsson agrees to $206m plea bargain with US in bribery case

Bribery, Prosecutions
Swedish telecom giant Ericsson has agreed to plead guilty and pay a $206 million fine for breaching its deferred prosecution deal with U.S. authorities by withholding information about its alleged misconduct in Iraq and other countries. In 2019, Ericsson admitted to accusations of bribery and other wrongdoing in multiple countries and paid a record $1 billion fine under a deferred prosecution agreement struck with the U.S. Department of Justice. The deal allowed the company to avoid a criminal conviction but required it to report any potential wrongdoing and submit to the scrutiny of an outside monitor over a three-year period.…

FROM RUSSIA WITH CRYPTO: MOSCOW-BASED EXCHANGES OFFERING TO ANONYMOUSLY CONVERT STABLECOINS FOR CASH IN THE UK

Digital Currencies
Moving money around the world has never been easier. At the click of a button, it’s possible to ping funds from one continent to another in a matter of minutes. While much of this still flows through established payment providers and financial institutions, like major multinational correspondent banks, there are a growing range of alternatives on the market. One is the proliferation of cryptocurrencies, which use blockchain technology to move digital assets from one place to another. Some cryptocurrencies, called stablecoins, peg their value to ‘real world’ assets, such as the US dollar, to help reduce fluctuations in their value.…

What does new anti-fraud regulation mean for UK plc?

Fraud, Regulation
Legal experts are expecting the enactment of a series of new anti-fraud measures this year, particularly via the economic crime and corporate transparency bill. What effect will this have on British businesses?Jonathan Weinberg14 Mar 2023Gettyimages 1366039494This year is set to be a significant one for the legislative side of the fight against financial crime in the UK. That means there’s plenty of debate about it – in the Houses of Parliament, around boardroom tables and within legal chambers. Matt Horne worked for the National Crime Agency for nearly a decade, latterly as deputy director of investigations, before becoming head of…

What more can Westminster do to fight financial crime?

Money Laundering
Having reclassified fraud as a national security threat, the government’s resolve against financial crime – particularly money-laundering – is hardening. But will the new legislative measures it’s considering go far enough? The City of London Corporation’s website boasts of the UK’s status as “the world’s most global financial centre”, but what it doesn’t mention is that this country is also a magnet for international financial crime. The problem has grown to such a scale that the government announced last month that it was classifying fraud as a national security threat – a move that UK Finance, the trade body representing…

Oligarch’s lawyers say UK caused serious hardship by freezing assets

Sanctions
Eugene Shvidler wants expedited court hearing to hear his claim that impounding his jets was wrong. A Russian-born billionaire who is a close associate of the former owner of Chelsea FC, Roman Abramovich, has launched a legal challenge against UK government sanctions imposed on him in response to Vladimir Putin’s invasion of Ukraine. The case is the first to be launched in the British courts by an individual with sanctions following the invasion of Ukraine, and could serve as a test case for other oligarchs seeking to overturn restrictions such as travel bans or asset freezes. Eugene Shvidler has accused…

More than 1000 artifacts in Metropolitan Museum of Art catalog linked to alleged looting and trafficking figures

Corruption
In the village of Bungmati, Nepal, above an ancient spring, stand two stone shrines and a temple. One of those shrines has a large hole where a statue of Shreedhar Vishnu, the Hindu protector god, used to be. Carved by master artisans nearly a thousand years ago, the sandstone god was flanked by the Hindu goddess Laxmi and the winged demigod Garuda and is considered a protective figure. For many years members of the local community carefully tended and worshipped the idol. “When women started their labor pain, our elders used to come to put mustard oil on the statue…

New EU Measures against Money Laundering and Terrorist Financing

Regulation
MEPs approved stricter rules to close existing gaps in combating money laundering, terrorist financing and evasion of sanctions in the EU.On Tuesday, MEPs from the Economic and Monetary Affairs and Civil Liberties, Justice and Home Affairs committees adopted their position on three pieces of draft legislation on the financing provisions of EU Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) policy. The package consists of: the EU “single rulebook” – regulation – with provisions on conducting due diligence on customers, transparency of beneficial owners and the use of anonymous instruments, such as crypto-assets, and new entities, such as crowdfunding…

U.S. Anti-Money Laundering Vulnerabilities Counter its Efforts to Aid Ukraine, Experts Say

Money Laundering
The U.S. is a magnet for the world’s dirty money, financial crime experts say, as they weigh in on how vulnerabilities in America’s anti-money laundering laws counter the country’s efforts to aid Ukraine in its defense against the Russian invasion. Illicit proceeds equal an estimated two percent of U.S. gross domestic product, according to findings in the Treasury’s 2022 Strategic Action Plan. Russian oligarchs, experts note, contribute to this problem by funneling their ill-gotten gains through industries that are exempt from rigorous anti-money laundering checks. And that’s a lot of money. The combined illicit wealth of just three Russian oligarchs…

SFO recovers criminal assets from £740m property fraud concealed through school donation

Asset Seizure
Today, the SFO confiscated an additional £92,500 from Achilleas Kallakis, one of the fraudsters behind the UK’s largest ever mortgage fraud case – ten years after his conviction. A recent SFO investigation exposed how criminal proceeds from this fraud were donated towards a theatre at Mr Kallakis’ child’s London private school in 2005. When the school later removed the Kallakis name from the theatre, the family took legal action against it, revealing the additional funds to the SFO. Following a three day hearing at Southwark Crown Court, this donation, paid through a complex family trust fund, was confirmed as the…

Understanding the Art Market and Anti-Money Laundering Regulations

Money Laundering
The world’s largest art markets lack robust anti-money laundering supervision. This exacerbates their appeal as a destination for illicit finance. In late February, the Financial Action Task Force (FATF) published a report on Money Laundering and Terrorist Financing in the Art and Antiquities Market. The report highlights a series of risk factors that make it appealing to criminals, including widespread secrecy surrounding beneficial owners and transactions, the subjectivity and wide-ranging values of artwork, and the size and global nature of the art market. There is often a legitimate reason for many of these oddities: anonymity prevents bias in the bidding…