NEWS ARTICLES

DAC6, the EU’s New International Tax Reporting Mandate

INSIGHT: DAC6 Hallmark Interpretation—More Art Than Science DAC6, the EU’s new international tax reporting mandate, comes with many unknowns for taxpayers and their advisers. Among these unknowns are how different jurisdictions will interpret five categories of hallmarks subject to disclosure. Keith Brockman explains what a hallmark is and why the first two are particularly worrisome. Taxpayers are anxious about the EU’s new international tax transparency initiative: The rules can be subjective and the penalties are significant. As taxpayers have started to read the principles enumerated in the new reporting requirements, known as DAC6, they’re discovering that interpretation may be more…

FICO: 5 Fraud Predictions for 2021

With 2020 seeing an increase in cybersecurity concerns due to the COVID-19 pandemic, partly due to the influx of people now working from home as well as an increase in the use of digital services, many are left wondering what 2021 will bring. Matt Cox is Managing Director, EMEA Fraud, Cyber and Compliance at FICO, a company that uses predictive analytics and data science to improve operational decisions. Matt has over 20 years of experience within the financial services industry, specialising in fraud and financial crime. Here Matt looks ahead with his fraud predictions for 2021. Predicting the future is…

FinCEN Announces $390,000,000 Enforcement Action Against Capital One

FinCEN Announces $390,000,000 Enforcement Action Against Capital One, National Association for Violations of the Bank Secrecy Act WASHINGTON—The Financial Crimes Enforcement Network (FinCEN) today announced that Capital One, National Association (Capital One) has been assessed a $390,000,000 civil money penalty for engaging in both wilful and negligent violations of the Bank Secrecy Act (BSA) and its implementing regulations. Specifically, FinCEN determined and Capital One admitted to wilfully failing to implement and maintain an effective Anti-Money Laundering (AML) program to guard against money laundering. Capital One also admitted that it wilfully failed to file thousands of suspicious activity reports (SARs), and…

U.S. Anti-Money Laundering Law Set to Change Antiquities Trade

U.S. Anti-Money Laundering Law Set to Change Antiquities Trade as Buyers’ Identities No Longer Concealed The U.S. Congress recently passed the Anti-Money Laundering Act (the “Act”) of 2020, in which art and antiquities dealers are bracing themselves for more stringent federal oversight. Under the bill, the antiquities sector will no longer be spared from the Bank Secrecy Act (BSA). The new regulations require antiquities dealers to report any suspicious activities and any cash transactions exceeding US$10,000 to the authorities, and to ensure that potential buyers are not among those being sanctioned by the U.S. government. The liability of extensive record-keeping…

Digitization of Financial Services has Opened the Doors for More Complex Financial Crime

Digitization of financial services has opened the doors for more complex financial crime, says ACAMS’ McDonell The continuing modernization and digitization of the financial services industry made easier access to financial services more available to everyone, but it also has created the opportunity for illicit actors to concoct more complex, digitized crimes. In an interview with Thomson Reuters Regulatory Intelligence, Rick McDonell, executive director of the Association of Certified Anti-Money Laundering Specialists (ACAMS), discusses this crucial development and notes how important it is for financial institutions to ensure that their compliance departments and officers are properly trained to detect this…

2020 Corruption Perceptions Index Reveals Widespread Corruption is Weakening Covid-19 Response, Threatening Global Recovery

Corruption and COVID-19 worsening democratic backsliding The 2020 Corruption Perceptions Index (CPI) released today by Transparency International reveals that persistent corruption is undermining health care systems and contributing to democratic backsliding amid the COVID-19 pandemic. Countries that perform well on the index invest more in health care, are better able to provide universal health coverage and are less likely to violate democratic norms and institutions or the rule of law. Read the report “COVID-19 is not just a health and economic crisis. It is a corruption crisis. And one that we are currently failing to manage,” Delia Ferreira Rubio, Chair of Transparency…

Deutsche Bank Reaches $100 Million Deferred-Prosecution Deal

Deutsche Bank AG agreed to pay more than $130 million to settle criminal and civil charges that it bribed foreign officials and manipulated the market for precious-metals futures through a trading tactic known as spoofing. The Frankfurt-based bank agreed to a deal in which it won’t be prosecuted as long as it doesn’t engage in the practices again for more than three years, and wasn’t required to plead guilty to the charges. The case was brought by federal prosecutors in Brooklyn, New York, and Washington who secured a $920 million fine against JPMorgan Chase & Co. last year, the largest…

Goldman Sachs CEO David Solomon Loses $10 million over 1MDB Fines

Goldman Sachs’ chief executive David Solomon will get a $10m (£7.3m) pay cut for the bank’s involvement in the 1MDB corruption scandal. 1MDB was an investment fund set up by the Malaysian government that lost billions due to fraudulent activity. The global web of fraud and corruption led to a 12-year jail term for Malaysia’s ex-prime minister Najib Razak which he is appealing. Goldman Sachs called its involvement in the scandal an “institutional failure”. Goldman Sachs helped raise $6.5bn for 1MDB by selling bonds to investors, the proceeds of which were largely stolen. Prosecutors alleged that senior Goldman executives ignored…

What does the Biden Administration mean for FinCrime?

January 20, 2021. Inauguration Day. The end of an era. Following four years under President Donald Trump, the United States will have a new president. What should we expect under the administration of President Joe Biden and Vice President Kamala Harris? Your answer to this question will likely depend on your top priorities. At FINTRAIL, we have been working to help our clients understand and prepare for any and all financial crime-related changes that are anticipated under the new administration. While some specifics are up in the air, it is clear that tackling illicit finance will be a top priority.…

UK Gambling Regulator Fines White Hat Gaming over Anti-Money Laundering Failings

UK gambling regulators have reached a £1.3m settlement with licensee White Hat Gaming after the company’s approach to social responsibility (SR) and anti-money laundering (AML) was found wanting. On Thursday, the UK Gambling Commission (UKGC) announced the regulatory settlement with White Hat Gaming regarding its “inadequate” policies and procedures for identifying and managing customers deemed to be at a higher risk for problem gambling and money laundering. The shortcomings involved seven customers’ accounts at four White Hat sites – Grandivy.com, 21Casino.com, Hellocasino.com and Dreamvegas.com – that emerged following a March 2019 UKGC compliance assessment. The following January, the UKGC notified…

Fraud Epidemic ‘is now National Security Threat’

This paper explores the impact of fraud on the UK’s national security landscape, and sets out the case for adopting a fundamentally different pathway for responding to the problem. Download the paper here (PDF) Fraud against UK citizens, businesses and the UK public purse has reached epidemic levels – it is the ‘volume crime of our time’. Driven in part by growing public disquiet over the current response to fraud, 2020 saw increased political attention on the issue. The prevailing political narrative, however, fails to convey the full impact of fraud on the UK, beyond the perspective of financial losses…

HMRC Issues Record £23.8m Fine for Money Laundering Breaches

Money services business fined for flouting money laundering regulations. Today (7 January 2021), HM Revenue and Customs (HMRC) published the latest list of businesses handed fines for breaching strict regulations aimed at preventing criminals from laundering illicit cash. The list includes money transfer company MT Global Limited, which has been handed the largest ever fine issued by HMRC, for significant breaches of the regulations between July 2017 and December 2019 relating to: risk assessments and associated record-keeping policies, controls and procedures fundamental customer due diligence measures Nick Sharp, Deputy Director of Economic Crime, Fraud Investigation Service, HMRC, said: “Businesses who…

Time for a Free Public Registry of Corporate Beneficial Ownership in the U.S.

In the tumult of recent weeks, a major legislative milestone in the American fight against kleptocracy has sneaked by almost unnoticed. It demands our attention, especially because its work is only half done. On Jan. 1, the Corporate Transparency Act (CTA) was signed into law, when Congress overrode then-President Donald Trump’s veto of the National Defense Authorization Act, to which it was attached. The CTA mandates that the incorporators of new corporations or limited liability partnerships will have to file annually to the Financial Crimes Enforcement Network of the Department of the Treasury (FinCEN), listing the names, dates of birth,…

A Renewed Sanctions Strategy for the EU

Last week the European Commission released a communication on the future of Europe’s economic and financial system. This document, formally issued to European institutions including the Parliament, the Council and the Central Bank, places sanctions at the forefront as a key tool in the Commission’s strategy, especially when seen in contrast with previous publications of this type. The Commission’s ambition for the economic and financial system relies on a vision for “openness, strength and resilience”, based on three pillars: “Promoting a stronger international role of the Euro” “Further developing EU financial market infrastructures and improving their resilience, including towards the…

2020: We cast a cold eye over the 15 major highlights of a financial crime year in review

As we near the end of one of the toughest years for people and businesses in decades, we take a look back at some of the biggest happenings in the world of financial crime, corruption and the laws in place to stop it. 1. Cryptocurrency: the way of the future2020 has seen governments across the world tighten their grip on virtual assets. They were once seen as an easy pathway to launder money, but this year, the trend accelerates away from that. This month, France announced sweeping new KYC measures for all crypto companies operating within its borders. Registration will…

Putin’s Ex-Son-in-Law Bought $380M Stake in Petrochemicals Giant for $100 – Investigation

President Vladimir Putin’s former son-in-law purchased $380 million worth of shares in Russia’s top petrochemicals company for $100 after marrying the president’s daughter, according to a report by the iStories investigative outlet. Kirill Shamalov acquired 3.8% of petrochemicals producer Sibur through a web of offshore companies months after marrying Katerina Tikhonova in February 2013, iStories reported, citing private emails obtained through a massive data breach. Multiple media reports have identified Tikhonova as the younger of Putin’s two daughters. Shamalov previously estimated Sibur’s value at $10 billion, meaning that the $100 he had paid was 3.8 million times below market value.…

Advocates Celebrate Major US Anti-Money Laundering Victory

Landmark laws to thwart the use of U.S. shell companies by terrorists, human traffickers, arms dealers and kleptocrats are set to be enacted after more than a decade of lobbying and politicking with rare bipartisan support. The sweeping anti-money laundering reforms hitched a lift in the annual defense spending bill that passed the Senate 84-13 today, and was approved by the House 355-78 earlier this week. The Corporate Transparency Act requires U.S. companies to report their true owners to the Treasury Department’s Financial Crimes Enforcement Network, known as FinCEN — largely ending anonymous shell companies in the country. The International…

The Hague Court of Appeal wants the Public Prosecution Service to prosecute Ralph Hamers, former CEO of ING Bank

In 2018, due to a failing anti-money laundering policy, ING Bank reached a settlement of 775 million euros with the Public Prosecution Service. Ralph Hamers remained out of harm’s way. Pieter Lakeman, chairman of Stichting Onderzoek Bedrijfs Informatie (SOBI) asked the Court of Appeal to compel the Public Prosecution Service to prosecute Ralph Hamers, who has been CEO of the Swiss bank UBS since September. The Court considers it important “that the standard is confirmed in public criminal proceedings and that bank directors cannot go unpunished if prohibited conduct actually took place during their leadership. Citizens must be able to…

Harrods mega-spender loses Supreme Court challenge

The Supreme Court has rejected an attempt by a woman who spent £16m in Harrods to overturn the UK’s first Unexplained Wealth Order (UWO). Zamira Hajiyeva, wife of a jailed banker, may now lose her £12m London home – and a separate golf course – if she can’t explain her riches. The court said her challenge to the UWO raised no arguable point of law. Mrs Hajieyva’s husband is in jail in Azerbaijan for embezzling millions of pounds from a state bank. Offshore companies connected to the family own Mrs Hajiyeva’s home on an exclusive street in Knightsbridge, as well…

National Risk Assessment of Money Laundering and Terrorist Financing 2020

The 2020 national risk assessment (NRA) is the third comprehensive assessment of money laundering and terrorist financing risk in the UK. National risk assessment of money laundering and terrorist financing 2020 – PDF, 1.24MB, 152 pages DetailsThe NRA sets out the key money laundering and terrorist financing risks for the UK, how these have changed since the UK’s second NRA was published in 2017, and the action taken since 2017 to address these risks. Article credit: https://www.gov.uk/government/publications/national-risk-assessment-of-money-laundering-and-terrorist-financing-2020

Congress has released the National Defense Authorization Act, which includes reforms that would effectively end fully anonymous shell companies.

The United States looks set to overhaul the country’s anti-money-laundering legislation, after widely-supported provisions were officially included in a must-pass annual defense spending bill on Thursday. The reforms, based on proposals by bipartisan groups of lawmakers from both the Senate and the House of Representatives, would mandate that companies in the U.S. report their ultimate owners to the Treasury Department, effectively ending fully anonymous shell companies. The provisions will also see the U.S. strengthen its financial intelligence work, including bulking up the data collection of the Treasury’s Financial Crimes Enforcement Network, known as FinCEN, and increasing international cooperation between financial…

Norway’s DNB facing potential $45M AML fine

DNB ASA, Norway’s largest financial services group, announced Monday it is facing a potential fine of NOK 400 million (U.S. $45.4 million) for inadequate compliance with the Norwegian Anti-Money Laundering Act. The penalty, which has been proposed as part of a preliminary report issued by the Financial Supervisory Authority of Norway (Finanstilsynet), derives from a routine inspection of DNB’s AML controls conducted in February. “The possible fine that DNB has been notified of is not related to any suspicions of money laundering or complicity in money laundering, but rather what Finanstilsynet considers to be inadequate compliance with the anti-money laundering…

Money laundering and terrorist financing indicators – Virtual currency transactions

This guidance on suspicious transactions is applicable to all reporting entities (REs) that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and associated Regulations. It is recommended that this guidance be read in conjunction with other suspicious transaction report (STR) guidance, including: What is a suspicious transaction? Reporting suspicious transactions to FINTRAC Money laundering (ML) and terrorist financing (TF) indicators are potential red flags that could initiate suspicion or indicate that something may be unusual in the absence of a reasonable explanation. Red flags typically stem from one or more factual characteristics, behaviours, patterns…

Money laundering and financing of terrorism: Warsaw Convention report assesses the monitoring of banking operations

The Conference of the Parties of the Warsaw Convention, responsible for monitoring the implementation of the treaty, has published a report assessing the way its states parties monitor banking operations to prevent money laundering and the financing of terrorism. The report concludes that the majority of states parties – although with significant differences – apply articles 7(2c) and 19(1) of the convention, which provide a specific tool to competent authorities to monitor, during a specified period, the banking operations that are being carried out through one or more identified accounts. The report also issues a number of general and country…

New EU sanctions regime is an important achievement but leaves the door open to dirty money

Global Witness, Transparency International EU, Open Society European Policy Institute and twelve other organisations welcome adoption of a new sanctions regime by the European Union to target human rights abusers worldwide. However, we urge the EU to adopt a complementary sanctions regime targeting non-EU nationals involved in corruption and align itself with other existing regimes in the US or Canada and in development in the UK. Today, the European Council announced adoption of the new Global Human RightsSanctions Regime. The regime tackles crimes against humanity, arbitrary arrests and extrajudicial killings. It also targets those responsible for human trafficking, sexual violence,…

U.S. investigation report hits SEB, Swedbank and Danske Bank shares

STOCKHOLM (Reuters) – The Department of Justice (DOJ) and FBI are investigating SEB, Swedbank and Danske Bank over possible breaches of U.S. anti-money laundering regulations and fraud, Swedish newspaper Dagens Industri reported on Tuesday, sending the banks’ shares lower. Sweden had received requests for help from U.S. authorities investigating a Baltic money-laundering scandal that has already led to local fines for Swedbank, Danske and SEB, the newspaper reported. The banks were being investigated by the DOJ, the FBI and federal police and a federal prosecutor in New York over possible fraud and breaches of anti-money laundering regulations, it added. Although…

Switzerland charges Credit Suisse in Bulgarian money laundering probe

ZURICH (Reuters) – Swiss prosecutors charged Credit Suisse on Thursday over alleged failings related to a Bulgarian crime ring involving top-level wrestlers accused of laundering cocaine trafficking proceeds more than a decade ago. Switzerland’s attorney general (OAG) said in a statement that an unnamed former Credit Suisse manager and two alleged members of the criminal organisation had also been indicted in the Swiss Federal Criminal Court. “(Credit Suisse) is accused of failing to take all the organisational measures that were reasonable and required to prevent the laundering of assets belonging to and under the control of the criminal organisation,” it…

UK Sanctions Statutory Instruments Review – Individual regime

The individual regime reviews are listed below. These documents are for the individual UK sanctions SI reviews and along with the numerical section review, they also separate the findings into high, medium and low impact sections.” AFGHANISTAN BOSNIA BURMA BURUNDI CENTRAL AFRICAN REPUBLIC CHEMICAL WEAPONS COUNTER TERRORISM (INTERNATIONAL) CYBER DEMOCRATIC REPUBLIC OF THE CONGO EGYPT GLOBAL HUMAN RIGHTS GUINEA HAITI IRAN (HUMAN RIGHTS) IRAN IRAQ ISIL (DA’ESH) AND AL-QAIDA LEBANON (ASSASSINATION OF RAFIQ HARIRI AND OTHERS) LEBANON MALI MOLDOVA NICARAGUA NORTH KOREA REPUBLIC OF BELARUS REPUBLIC OF GUINEA-BISSAU RUSSIA SERBIA AND MONTENEGRO SOMALIA SOUTH SUDAN SUDAN SYRIA (UN) SYRIA VENEZUELA…

Three arrests in money laundering, romance fraud and bounce back loan scam investigation

The National Crime Agency’s Complex Financial Crime Team has arrested three suspected members of an organised crime group involved in high level money laundering and fraud. The two men and one woman , aged 48, 43 and 45, were detained yesterday following raids at properties in the Bexleyheath and Dartford areas of London. They were questioned and have been released pending further investigation. This action is part of a wider operation targeting global fraud and the subsequent movement of money taken from victims. The alleged offending involves large scale identity theft, and the use of numerous false bank accounts to…

The Bank Fines 2020 report reveals the list of banks that faced the biggest fines in 2020

The Bank Fines 2020 report reveals the list of banks that faced the biggest fines in 2020 on a Year-to-Date (YTD) basis. Fines were imposed by regulators for breaches of different protocols like Anti-Money Laundering (AML), violation of Know Your Customer (KYC) and operating guidelines, personal data leaks, among others. Key findings Total aggregated bank fines in 2020 = €11.87B The largest fine was issued to Goldman Sachs = €3.3B U.S. has the most separate banks fined = 8 The most common violation = Anti-money laundering breaches Bank Fines Ranked Rank Country Bank Fine Source 1 US Goldman Sachs €3.30B…

Quarterly report to Parliament: 1 April 2020 to 30 June 2020 (‘TAFA 2010’)

Written Ministerial StatementOperation of the UK’s Counter-Terrorist Asset Freezing Regime: 1 April 2020 to 30 June 2020 The Economic Secretary to the Treasury (John Glen): Under the Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010), the Treasury is required to prepare a quarterly report regarding its exercise of the powers conferred on it by Part 1 of TAFA 2010. This written statement satisfies that requirement for the period 1 April 2020 to 30 June 2020. This report also covers the UK’s implementation of the UN’s ISIL (Da’esh) and Al-Qaida asset freezing regime (ISIL-AQ), and the operation of the EU’s asset freezing…

G20 Leaders Agree to Follow FATF’s Anti-Money Laundering Measures

Leaders of the G20 reiterated their commitment to following anti-money laundering policy measures recommended by the Financial Action Task Force (FATF), which stressed their importance amidst the COVID-19 pandemic at a summit over the weekend hosted by the Saudi presidency. “We support the Anti-Money Laundering (AML)/Counter-Terrorist Financing (CFT) policy responses detailed in FATF’s paper on COVID-19, and reaffirm our support for the FATF, as the global standard-setting body for preventing and combating money laundering, terrorist financing and proliferation financing,” a G20 leaders’ declaration published on Sunday stated. The anti-money laundering authority reminded G20 leaders in a prepared written statement that…

2020 annual report on the SAR regime

The 2020 Suspicious Activity Report (SARs) Annual Report has been published today (19 November). Read the report. The UK Financial Intelligence Unit (UKFIU) saw another record number of SARs, receiving and processing 573,085 (a 20% increase on the previous period of 478,437), with an 81% increase in requests for a defence against money laundering or terrorist finance (62,408). The UKFIU continued its efforts to provide law enforcement agencies with focused asset recovery opportunities as a result of Defence Against Money Laundering (DAML) requests. Over the year £172m was denied to suspected criminals as a result of DAML requests – up…

SWIFT: Focus on financial crime compliance

Tackling financial crime, and ensuring compliance with anti-money laundering (AML) and combating the financing of terrorism (CFT) regulations remains one of the biggest overall challenges for the financial services community. This year, this has been particularly apparent, as the quick shift to enable a remote working environment in the wake of the pandemic put additional pressure on the fraud defences financial institutions have spent time and money investing in. The ever more connected and instant digital world also poses questions for how banks and financial institutions can ensure they meet their compliance requirements in real-time. In one of two risk…

Apple’s Chief Security Officer charged with bribery

Apple’s head of global security has been indicted on felony charges for allegedly offering bribes to California police officers in exchange for concealed firearms licenses, the Santa Clara district attorney’s office announced in a press release published on Monday. According to an indictment issued by a grand jury, Thomas Moyer, 50, is accused of offering to donate 200 iPads worth roughly US$70,000 to the local police force in exchange for four licenses that are required for individuals looking to carry a gun without revealing it. The deal was apparently “scuttled at the eleventh hour” last year, when police officers became…

Over US$427 billion is lost to tax havens every year

As governments around the globe face budgetary pressures due to the COVID-19 public health crisis, the urgency to crack down on tax havens – responsible for an estimated loss of over US$ 427 billion each year – has become even more crucial, experts said in response to new findings. A new annual report, published on Friday by the Tax Justice Network, reveals how much each country loses each year, totalling $245 billion directly lost through tax abuse by multinational corporations, and a remaining $182 billion from wealthy individuals that hide their money from local authorities through the use of secretive…

European authorities crack down on arms traffickers

Police in Europe cracked down on the illegal arms trade across the continent in two separate operations that saw 18 arrests, dozens of objects raided, nearly 200 firearms and millions in assets seized across the continent. Spanish authorities arrested seven suspects, seized 18 properties worth about 10 million euro (US$11.8 million) and froze over 50 financial products from a large organised crime group that transported armaments as large as tanks across the Mediterranean, and even once managed to break a compatriot out of a Greek prison. “The criminal network, made up of Latvian, Spanish and Ukrainian members, illegally transported Russian…

UK seizes $1.58 million linked to flat bought with graft money

The U.K. Serious Fraud Office (SFO) said it has secured nearly £1.2 million (US$1.58 million) last week from the Brazilian owner of a luxury apartment in West London, which is believed to have been purchased with money stemming from Latin America’s biggest corruption scandal, Brazil’s Operation Car Wash. The amount was seized from Julio Faerman, “the owner of a £4.25 million ($5.6 million) luxury apartment in West London which the SFO suspected to have been partly purchased with the corrupt funds of its owner’s criminal conduct,” the anti-fraud agency said. Faerman was implicated in the corruption scandal that uncovered systematic…

Legal monitors tell Deutsche Bank to quit Russia

NEW YORK STATE-appointed monitors want Deutsche Bank to pull out of business in Russia completely, according to new reports. The advice comes despite the bank’s ambitions for expansion in the country – although its relationship with Russia has not been void of scandal or allegations of wrongdoing in recent years. The monitors told senior executive leaders at Deutsche that efforts to minimise financial crime risks would not be enough to offset those that came with certain Russian clients, the Wall Street Journal reported Thursday after speaking to a source familiar with the communications. Both monitors are attorneys from Chicago-based law…

6 key takeouts from the FATF President’s address to the G20

On Friday, FATF President Dr Marcus Pleyer spoke to G20 leaders and central bank governors on the threats of financial crime. He addressed colleagues from nations across the world, who are all nearing their first anniversary of COVID restrictions and lockdowns. His main message was simple: the fight against dirty money matters now more than ever. But here’s a more thorough run-down of what his comments mean for those efforts – and what their future looks like as the pandemic still rages. 1. FATF will not let COVID regulate their work to the back seat – and the G20 are…