Author: gracechurchfcp

Ireland stops anonymity in trading of cryptocurrency

Digital Currencies, Regulation
BUYERS and sellers of Bitcoin and other cryptocurrencies are no longer able to trade virtual assets anonymously in Ireland under an expanded anti-money laundering regime. As of today, cryptocurrency service providers in Ireland will have to comply with money laundering rules and other basic regulations for the first time. This means that they must register with the Central Bank and carry out due diligence on their customers, which entails accounting for the origin and destination of client assets. The Central Bank has warned all companies that exchange or transfer virtual assets like Bitcoin, as well as those that provide financial…

FCA has increased surveillance over last 12 months

FCA, Money Laundering
The Financial Conduct Authority (FCA) has highlighted the importance of anti-money laundering (AML) and said that it has increased its surveillance. Two of its biggest sanctions in the last 12 months related to failures to address financial crime and AML risks. Speaking at the AML & ABC Forum 2021, Mark Steward, executive director of enforcement and market oversight at the FCA, said that the City regulator currently has 42 AML investigations ongoing – 25 into firms and 17 against individuals. These involve, for example, systems and controls over politically exposed persons, customers with significant cash-intensive operations, correspondent banking and trade…

The fight against offshore financial crime will be a long campaign

Tax Evasion
On the fifth anniversary of the Panama Papers’ launch, experts say there’s been progress in the fight against dirty money — but much more is needed. In May 2016, weeks after hundreds of journalists released the Panama Papers’ massive exposé of the secret financial dealings and hideaways of politicians, fraudsters and celebrities, a group of world leaders — embarrassed, outraged or knowing a good media opportunity when they saw one — met in London to denounce the global flood of dirty money. British Prime Minister David Cameron, Nigerian President Muhammadu Buhari, Emirati deputy foreign minister Anwar Gargash and others signed…

What Is a Company Formation Agent?

Money Laundering
Put simply, a formation agent is a company that creates other companies on behalf of clients around the world. The process is quick, easy, and remarkably cheap. Although many turn to formation agents for legitimate business reasons, illicit actors might seek out their services to dodge taxes, hide their ownership of high-value assets, or squirrel away dirty money. It’s no coincidence that these firms are exceptionally popular in tax havens and financial secrecy jurisdictions. Even a cursory internet search turns up an abundance of eager firms in Belize, Panama, Luxembourg, Liechtenstein, Cyprus, Seychelles, Malta, the Cayman Islands, and the British…

UK Sanctions 22 Individuals for ‘Serious International Corruption’

Sanctions
The U.K. government has imposed asset freezes and travel bans against 22 individuals from six countries in its first set of measures under the nation’s new Global Anti-Corruption sanctions regime. The move, announced this week, seeks to “prevent those responsible from entering the U.K. or laundering their ill-gotten assets here,” and “ensure that the U.K. is not a safe haven for those involved in serious corruption, including those who profit from it,” Foreign Secretary Dominic Raab wrote in a statement delivered to Parliament on Monday. The first group of individuals sanctioned under the new regime hail from Russia, South Africa,…

Concern over corruption red flags in 20% of U.K.’s PPE procurement

Corruption
Full transparency over ‘vip’ lane and scrutiny of high-risk contracts essential to restore public trust April 22, 2021 – The way the UK Government handled bids for supplying personal protective equipment (PPE) and other COVID-19 response contracts appears partisan and systemically biased in favour of those with political access, new research from Transparency International UK finds. Read the report. Launched today, Track and Trace is the most comprehensive study to date of public procurement during the pandemic and involved a painstaking review of nearly 1,000 contracts worth a total of £18 billion. The report details how critical safeguards designed to…

Explaining the U.K.’s “Unexplained Wealth Order”

Unexplained Wealth Orders
Leaders of organized criminal groups, dictators who steal from their people, crooked officials, and other shady characters have become adept at hiding their millions in Western capitals. The convoluted corporate networks, hidden bank accounts, and sophisticated proxy schemes that underlie these financial flows are largely beyond the grasp of all but the most dedicated specialists. But there’s one sector where the corruption takes physical form, turning cities like London into virtual showcases of tainted foreign wealth: Real estate. Sherlock Holmes’ iconic address on Baker Street is owned by structures connected to the daughter of former Kazakhstani dictator Nursultan Nazarbayev. In…

Ireland to enforce AML checks for digital currency firms from April in line with 5AMLD

Digital Currencies, Money Laundering, Terrorism
Ireland will impose anti-money laundering (AML) and countering the financing of terrorism (CFT) requirements for digital currency firms starting April 2021. With the new regulations, the Irish central bank will have more oversight over the industry. Buyers and sellers of digital currencies will no longer be able to transact anonymously, local daily Irish Independent reports. Digital currency firms, also known as virtual asset service providers (VASPs), will now have to complete due diligence on their clients. This is after the European nation adopted the EU’s Fifth Anti Money Laundering Directive (5AMLD). 5AMLD is the EU’s latest legal framework for combating…

Cyprus to lift veil of secrecy with register of company owners

Money Laundering
NICOSIA (Reuters) – Cyprus plans to launch a register in coming months identifying the owners of thousands of companies on the island, lifting a veil of secrecy on opaque and complex corporate structures that campaigners say can help criminals seeking to hide their loot. Details of thousands of companies domiciled on the island, many thought to have Russian links, will be collected from March 16 to be entered in a so-called Ultimate Beneficial Owner (UBO) register. Supporters say the register, a requirement of European Union anti-money laundering (AML) regulations, could be a game changer for Cyprus, which activists say has…

John McAfee charged with securities fraud for ‘pump and dump’ cryptocurrency scheme

Fraud
John McAfee has been charged with securities fraud over a “pump and dump” cryptocurrency scheme. Federal prosecutors unsealed a case against McAfee and his executive advisor and bodyguard Jimmy Gale Watson Jr., claiming the pair earned nearly $2 million by urging Twitter followers to invest in cryptocurrencies like Reddcoin and Dogecoin, then selling off their own holdings as the price rose. “McAfee and Watson exploited a widely used social media platform and enthusiasm among investors in the emerging cryptocurrency market to make millions through lies and deception,” said US Attorney Audrey Strauss in a statement. “The defendants allegedly used McAfee’s…

Wealthy countries that set global tax rules are biggest enablers of corporate tax abuse

Tax Avoidance
Tax Justice Network ranks OECD members and British overseas territories highest in its 2021 corporate tax haven index, advocating for the UN to set standards instead. The world’s wealthiest countries that help set global tax standards are actually responsible for the majority of corporate tax abuses around the world, a new report has found. The Tax Justice Network’s 2021 Corporate Tax Haven Index, which ranks the countries “most complicit in helping multinational corporations pay less tax than they are expected to,” pegs six jurisdictions that are part of the Organisation for Economic Cooperation and Development — the British Virgin Islands,…

Moscow Court Sentences Banker in ‘Russian Laundromat’ Case

Money Laundering, Prosecutions
A court in Russia sentenced banker Oleg Kuzmin on Monday to nine years in prison and ordered him to pay a one-million-ruble (US$13,574) fine for his part in a major money-laundering operation known as the “Russian Laundromat” or the “Moldovan Scheme,” Kommersant reported. The operation that lasted from 2010 until 2014 may have been the largest of this kind in Eastern Europe, with more than US$20 billion of illicit money transferred from Russia to Moldova and Latvia through a complex series of intermediaries, a 2014 OCCRP investigation revealed. Implicated in it were not just members of organized crime groups, but…

Latest analysis exposes financial underbelly of global wildlife crime

Wildlife Trafficking
The Case Digest- An Initial Analysis of the Financial Flows and Payment Mechanisms Behind Wildlife and Forest Crime, provides a thorough examination of the financial data from more than 40 wildlife crime cases from across the globe, including 11 detailed case studies. The report is a product of years of unprecedented collaboration between participating government agencies, financial intelligence units, non-governmental organisations and other sector experts. Download report (pdf) Key FindingsTRAFFIC, together with its key partner UNODC canvassed the globe for cases, with valuable contributions from leading financial crime partners, to identify examples where financial investigation was conducted to analyse and…

FATF chief suggests criminals are ‘getting away with’ lucrative profits because AML industry doesn’t use its collective power

Money Laundering
FINANCIAL CRIMINALS ARE getting away with the bulk of their profits, even though the FinCrime industry collectively has the power to stop it, the head of the Financial Action Task Force has said. President Dr Marcus Pleyer criticised the gap between theory and reality when it comes to AML, saying that this was a reason why so many criminals continued to succeed in the financial system. Banks, accountants, company formation agents, lawyers and others were all part of this problem, he said in a keynote address to the AMLintelligence Global Action on Money Laundering conference Thursday. “All of them need…

Fourth oil executive sentenced for paying bribes to win a multi-million pound contract in post-occupation Iraq

Bribery, Prosecutions
Paul Bond has today been sentenced to three and half years’ imprisonment for conspiring with others to bribe Iraqi public officials to secure lucrative oil contracts in post-occupation Iraq. Earlier this week, Bond, a former senior sales manager at SBM Offshore (SBM), was found guilty on two counts of conspiracy to give corrupt payments following a retrial of his case at Southwark Crown Court. This was the fourth conviction the SFO secured in its wide-scale Unaoil bribery investigation, which uncovered the payment of over $17m worth of bribes to secure $1.7bn worth of contracts for Unaoil and its clients. In…

HMRC Anti-Money Laundering Supervision annual assessment

HMRC, Money Laundering
1) Summary1.1 Certain types of legitimate business services can be attractive to criminals, who exploit them to launder money or finance terrorism. Life is made easier for criminals when insufficient controls are in place. It is therefore essential that businesses put in place adequate measures to prevent criminals from using their services to launder money and finance terrorism. 1.2 HMRC is one of 25 Anti-Money Laundering (AML) supervisors in the UK. HMRC delivers its supervisory responsibility through its Anti-Money Laundering Supervisory (AMLS) teams. HMRC helps ensure that businesses comply with the current Money Laundering, Terrorist Financing and Transfer of Funds…

UK Art Dealers Are Misusing the Law to Avoid New Money-Laundering Regulations. Compliance Experts Say It Will Backfire

Money Laundering
Art businesses should not be fooled into thinking they can use “reliance” as a loophole, experts say. The UK’s art market has been subject to stringent new regulations since an anti-money laundering directive came into force in January 2020. While the new requirements to conduct identity checks and other due diligence on art buyers initially came as a shock to an industry that has for centuries operated on handshakes, much of the market is now accustomed to these processes. But experts say that some art businesses may have misunderstood a key part of the regulations, and could be unwittingly breaking…

EBA publishes guidelines on money laundering and terrorist financing risk factors

Money Laundering, Terrorism
The EBA has published its final revised Guidelines on money laundering and terrorist financing risk factors.The revisions consider changes to the EU Anti Money Laundering and Counter Terrorism Financing (AML/CFT) legal framework and address new ML/TF risks, including those identified by the EBA’s implementation reviews. In addition to strengthening financial institutions’ risk-based approaches to AML/CFT, the revision supports the development of more effective and consistent supervisory approaches where evidence suggested that divergent approaches continue to exist. The Guidelines are central to the EBA’s work to lead, coordinate, and monitor the fight against money laundering and terrorist financing. The Guidelines are…

Money launderers ‘prey on generation Covid’

Fraud, Money Laundering
Criminals are seizing on young people’s Covid-related financial troubles to hire them to unwittingly launder money, experts say. More than four in 10 cases of money mules involved victims aged 21 to 30, with the numbers rising last year, fraud prevention service Cifas said. Banks said criminals posted fake job adverts on social media, targeting “generation Covid” struggling for work. It is part of a wider trend of fraudsters exploiting the crisis. ‘Fake job adverts’ Criminals want to move money through accounts to make it look less suspicious to banks. Money mules are given a cut for allowing their account…

Accountants are on the frontline in the war on economic crime

Financial Crime
Why do we need to talk about global perspectives on economic crime right now? IFAC, the global organisation for the accountancy profession, explains.“The root of the problem is that the economic incentive is always going to drive criminals to innovate and take risks,” says Scott Hanson, Director, Public Policy & Regulation at IFAC. “They’re always got that motivation to stay two steps ahead.” Add to that the accelerated pace of technological change, and the challenge is augmented exponentially. “The unfortunate news is that for every door that policymakers, law enforcement, and their professional allies, like accountants, close, technology opens new…

North Korea is the most isolated country on the planet, but it still finds ways to steal billions of dollars

Financial Crime, Sanctions
The Department of Justice said last month that North Korea has used cyberattacks to steal over $1 billion since 2015 to fund its nuclear weapons program. Heavy sanctions, imposed by both the US and the UN, prevent North Korea from participating in the formal global economy. The regime often circumvents these sanctions, mostly through secretive ship-to-ship transfers of luxury goods, chemicals, and coal, which is North Korea’s primary export. North Korea’s nuclear program is essential to the Kim regime, and it devotes all the resources it can to increasing and improving its arsenal. The rise of digital currencies has created…

AFME calls for regulatory certainty on the treatment of crypto assets

Digital Currencies, Money Laundering, Terrorism
The Association for Financial Markets in Europe (AFME) has called for UK authorities to provide regulatory certainty on the treatment of crypto assets in its response to HM Treasury’s consultation on the UK approach to crypto assets and stable coins. AFME has also pushed for a review of existing financial services legislation to identify and address obstacles to distributed ledger technology (DLT) innovation. The association has recommended a more “granular crypto-asset taxonomy” to clarify the treatment of existing use cases that will support the UK approach to fulfil regulatory objectives and encourage innovation. This will support greater certainty on which…

ING acknowledges decision by French financial regulator

Money Laundering
ING has acknowledged the decision published today by the financial regulator in France, the Autorité de contrôle prudentiel et de résolution (ACPR), on ING in France, following its inspection in 2018, for shortcomings in its anti-money laundering (AML) and anti-terrorist financing framework. Based on the ACPR findings, ING in France has put in place all the necessary corrective measures to strengthen its processes and management of compliance risks. Based on the inspection, the ACPR has reprimanded ING in France and imposed a sanction of €3 million. In the context of significantly increased attention on the prevention of financial economic crime…

Albanian Government Made No Significant Progress Against Money Laundering and Financial Crime in 2020

Financial Crime, Money Laundering
Albania is a source country of cannabis and a home base for organized crime groups moving narcotics from source countries into European markets. Albanian nationals are heavily involved in trafficking illicit narcotics throughout Europe but the government needs to do more, according to a new US State Department report. The International Narcotics Control Strategy Report provides a country-by-country analysis of crime including drug trafficking, money laundering, and the government’s response. It found that Albanian cannabis is sent to Turkey and exchanged for heroin and cocaine which is then smuggled across Europe by Albanian nationals. Furthermore, the illicit profits of these…

Financial Crime Surges in 2020 Following Shift to Digital Banking and Commerce

Financial Crime
A huge rise in financial crime was recorded last year, driven by the rapid shift to digital banking and commerce following COVID-19 lockdowns. This is according to Feedzai’s Financial Crime Report Q1 – 2021, which compared the volume of financial fraud and crime in Q4 and Q1 2020, with the latter quarter mainly unaffected by the pandemic. The study found there was a 650% surge in account takeover (ATO) in Q4 compared to Q1, with malicious actors taking advantage of the growth in online accounts during the crisis. The authors noted that the expansion of online banking and real-time payment…

The Challenges of Combating Money Laundering in a Pandemic World

Money Laundering
By Adriana Babi – Compliance Researcher and member of OAB Compliance Commission In a pandemic scenario full of uncertainties, efforts are directed towards the pursuit of normality, and what we know is that for some time to come, we will live this “new normal”, but how to conceptualize the current reality in the perspective of combating Money Laundering and Financing of Terrorism (LD / FT)? In general terms, money laundering consists of transforming resources obtained illegally into lawful resources. In Brazil, the crime of money laundering is regulated by Law 9,613, of March 1998, whereas terrorism consists of the practice…

Implications of the Anti-Money Laundering Act (2020) for FinTechs

Money Laundering
By Jeff Horvath, Co-Founder and CEO, DigiPli The Anti-Money Laundering Act of 2020 (AMLA 2020) became law in early January, with major implications across institutional finance, including FinTechs. It introduced the biggest changes to the AML regime since the PATRIOT ACT of 2001 and was passed with strong bipartisan support. The Act remediates certain weaknesses in existing AML requirements, addresses new issues arising from advances in the financial markets and technology, and enhances regulatory coordination. FinTechs with US operations should closely analyze AMLA 2020, as it will require both changes to their AML programs and controls, and impact how they…

Anti-Slavery Commissioner publishes recommendations for the Financial Industry

Slavery
Written by Latham & Watkins LLP, co-author Sabina Aionesei The report’s recommendations cover a number of areas, including culture and strategy, monitoring and reporting, investor engagement, policy formation and employee training, and philanthropy. A new report from the UK Independent Anti-Slavery Commissioner draws attention to how the financial services industry can help address the issue of modern slavery. The report, “Preventing Modern Slavery & Human Trafficking: An Agenda for Action across the Financial Services Sector” (the Report), aims to sound “a call to action for the industry”. The Report, which was released on 18 January 2021, is the result of…

Capital One: What its US$390m fine tells us about AML Regulation

Money Laundering, Regulatory Fines
The Financial Crimes Enforcement Network, or FinCEN, announced in January 2021 that Capital One would be required to pay a hefty $390 million penalty for AML violations under the Bank Secrecy Act (BSA). The bank admitted to wilfully failing to implement and maintain effective AML procedures to guard against money laundering, also failing to file thousands of Suspicious Activity Reports (SARs) and Currency Transactions Reports (CTRs) with respect to its Cash Checking Group business unit. The violations occurred from (at least) 2008 – 2014, seeing millions of dollars in suspicious transactions go unreported and therefore laundered through the bank into…

Anti-money laundering rules to fight the culture of secrecy

Money Laundering
The new rules state that art and antique dealers in the United Kingdom and the European Union now have to notify the true recipients of their sales. Will the new anti-money laundering regulations improve the culture of secrecy deeply rooted in the art market? In society, it advocates ancient customs of commodity and body discretion that foster transactions. Collectors have long appreciated the secret wealthy, which is also part of the mysterious universe of auction houses. When a Botticelli bottle was auctioned last month for $ 92 million at Sotheby’s in New York, it was speculated that the buyer was…

Finance industry and police team up to stop over £45 million of fraud in 2020

Fraud
Staff working in bank, building society and post office branches stopped £45.3 million of fraud through the Banking Protocol in 2020. The scheme has prevented victims from losing £142 million of fraud and led to 843 arrests since its launch. Over 7,800 emergency calls were made last year, protecting customers from losing an average of £5,749 each to criminals. Branch staff at banks, building societies and Post Offices worked with the police to stop £45.3 million of fraud through the Banking Protocol rapid scam response last year, bringing the total amount of fraud prevented to £142 million since the beginning…

Crown Resorts chief Ken Barton resigns amid money laundering scandal

Money Laundering
The chief executive of Australian casino group Crown Resorts has quit amid a scandal over money laundering allegations within its casinos. Ken Barton’s departure follows that of several other company directors. Last week an inquiry found Crown was not fit to hold a gaming licence in New South Wales, meaning it cannot operate its newly built casino in Sydney. The report has also thrown doubt over Crown’s casinos in other cities. Crown, which is majority-owned by Australian billionaire James Packer, has been dogged by allegations of illegal activity for years at its casinos in Melbourne and Perth. Its operations overseas…

New U.S. Financial Crimes rules intensify risks for non U.S. banks

Money Laundering
Fitch Ratings-Stockholm/London/New York-24 February 2021: Significant revisions to US anti money-laundering (AML) rules intensify financial crime risks for non-US banks by increasing the scope of potential investigations by the US government and raising financial penalties, according to Fitch Ratings. Any weaknesses in governance could be ratings relevant but increased enforcement raises the potential for sanctions and fines that can have more meaningful consequences for ratings. Lower tolerance of governance failures from a wide range of stakeholders reinforces Fitch’s view that governance and financial crimes risks, along with associated penalties and indirect business costs, are becoming more punitive for banks globally.…

Biden in no rush to lift Venezuela sanctions

Sanctions
WASHINGTON (Reuters) – President Joe Biden’s administration is in “no rush” to lift U.S. sanctions on Venezuela but would consider easing them if President Nicolas Maduro takes confidence-building steps showing he is ready to negotiate seriously with the opposition, a White House official told Reuters. Signaling that the new U.S. president may be unlikely to loosen the screws on Venezuela anytime soon, the official emphasized that existing sanctions have enough special provisions to allow for humanitarian aid shipments to help Venezuelans cope with economic hardships and the COVID-19 pandemic. But the official, speaking on condition of anonymity, said Maduro’s Socialist…

Jersey firms fined for breaching financial crime measures

Money Laundering, Regulatory Fines
Three banking firms have been fined more than £700,000 for breaching anti-money laundering regulations. A Jersey Financial Services Commission (JFSC) investigation found the SGKH entities had failed to show “adequate risk management systems in place”. It included missing minutes from board meetings and a failure to notify the JFSC when rules were breached. The commission said it intended the fines to act as “a deterrent for all regulated businesses”. SGKH Bank, SGKH Trust and SGKH Corporate provide wealth management services from Jersey and form a sub-group of the UK regulated SG Kleinwort Hambros Bank. Between 1 January 2018 and May…

Frankenstein fraud, deepfakes & replay attacks

Fraud
Online fraud has accelerated during the coronavirus pandemic, meaning organisations must be more vigilant in the face of the seemingly ever-increasing threat and its impact on business The coronavirus pandemic has had a big impact on many areas of our lives, not least our relationship with the office. Organisations have had their hands forced when it comes to accelerating digital transformation, while digitally identifying and onboarding both customers and employees has pulled focus on the digital identity sector. It’s good news for digital ID specialists, but the flipside is it’s also a huge opportunity for cybercriminals engaging in identity fraud.…

Europe’s new AML rules will include provisions to report on crypto-to-crypto transactions for the first time

European Commission, Money Laundering
EUROPE’S new AML rules will include far closer scrutiny of crypto exchanges, we can reveal. Right now exchanges must only report currency to crypto transactions. Under new rules to be announced within weeks, the exchanges will also be obliged to report on crypto to crypto transactions, AML Intelligence has learned. The changes will be part of the European Commission’s announcement of the rollout its AML Action Plan. The move to demand reports of crypto to crypto transfers was welcomed today by Pawel Kuskowski CEO of crypto AML/KYC compliance company, Coinfirm. “I think this is critical to have crypto to crypto…

Universities are leaving themselves open to money laundering by accepting cash

Money Laundering
It is a sign of how narrowly we perceive the threat posed by money laundering that the problem is too often framed around taxi companies, car washes, and less than reputable property developers. But in reality, the conduits for this global scourge are increasingly complex, and we should not pretend that our lauded education system is somehow immune. A startling investigation by the Times newspaper found that at least 49 universities across the UK have accepted more £50 million in cash payments over the past five years for tuition, accommodation, and other course fees. Those who received the banknote payments…

UK’s SFO slapped down over attempts to flout jurisdiction rules

Serious Fraud Office
In another blow to the agency’s credibility, the U.K.’s Serious Fraud Office (SFO) cannot attempt to force foreign companies to hand over evidence held overseas, according to a recent court ruling. The U.K.’s Supreme Court ruled unanimously the SFO breached its authority when it attempted to compel U.S. engineering services company KBR—whose British subsidiary is under investigation for possible bribery and corruption offenses—to supply documents held outside the United Kingdom or face criminal sanction. Lawyers criticize what they see as another example of the SFO’s heavy-handedness to secure results—in this case by trying to use powers it never had in…

Dubai’s DFSA fines former DIFC employee US$165,000

Money Laundering, Regulatory Fines
The Dubai Financial Services Authority (DFSA) has levied a fine of $165,000 against Ashish Bhandari – a former relationship manager with a private bank in Dubai International Financial Centre (DIFC) – due to his involvement in breaches of anti-money laundering regulations. The authority has also restricted him from performing any function in connection with the provision of financial services in or from the DIFC. On September 17, 2020, the DFSA decided to take enforcement action against Bhandari for being knowingly involved in breaches of Anti-Money Laundering (AML) legislation from 2011 to 2013 and for obstructing the DFSA in 2017 and…