International bodies, such as the Financial Action Task Force , have mandated the use of financial intelligence units (FIU) to address organized crime and money laundering. The…
Abstract
Purpose
International bodies, such as the Financial Action Task Force , have mandated the use of financial intelligence units (FIU) to address organized crime and money laundering. The purpose of this paper is to examine Canada’s FIU, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), and explore its current effectiveness and future challenges.
Design/methodology/approach
This paper examines FIUs in general and then looks more specifically at Canada’s FIU, its policy and legislative basis as well as future challenges for the FIU.
Findings
The challenge money laundering poses to society is a mirror of the challenge that organized crime poses: a test of the values and the importance of rule of law. The FIU is an important mechanism to address this challenge generally, and there are important changes in the environment that must be addressed if the future policy objectives of the FIU are to be met.
Research limitations/implications
Some of the policy nostrums that are baked into the anti-money laundering system, such as placement, layering and integration, need to be revisited and researched to incorporate changes in the licit and illicit marketplaces.
Practical implications
Financial institutions and other intermediaries must comply with domestic anti-money laundering laws. Compliance is always contextual, and this paper will outline the role of the regulator and the environmental challenges that need to be met.
Social implications
Effectively addressing money laundering and organized crime is critical to the maintenance of rule of law and the protection of the financial system.
Originality/value
This is a brief but very fulsome review of Canada’s FIU, FINTRAC, which captures broader challenges in addressing money laundering, economic crime and regulatory systems designed to protect rule of law and the integrity of the financial system. The paper not only examines the current state of the FIU but also explores challenges on the horizon.
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– The purpose of this paper is to explore the role of the culpable insider and the predatory criminal in fraud and deception.
Abstract
Purpose
The purpose of this paper is to explore the role of the culpable insider and the predatory criminal in fraud and deception.
Design/methodology/approach
Two groupings of fraud are considered in this paper. Insider fraud consists of a person within an organization misusing their position for corrupt self-dealing, asset misappropriation and financial statement fraud. Case studies are discussed, offering differing perspectives on the role of insiders. Fraudsters use technology, like malware, to take on the mantle of an insider to facilitate their larceny. This paper also looks at the role of the insider with predatory frauds.
Findings
Most enterprises, be they public entities or private firms, are at risk of internal fraud. Internal financial controls are the first line of defence. In tougher economic times, when enterprises run on the tightest of margins, control mechanisms are at risk of being weakened at the altar of efficiency. Firms can also adopt cultures that deter frauds, either through policies on whistle-blowers or through simple employee screening procedures. For predatory frauds, the basic warning flag can be summed up with the cliché: if something seems too good to be true, it probably is.
Originality/value
This paper synthesizes research on fraud and the role that an insider can play as well as the role of a predatory fraudster.
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This paper aims to explore the challenge posed by Bitcoin to regulators, particularly anti-money laundering regulators. Bitcoin is a crypto-currency based on open-source software…
Abstract
Purpose
This paper aims to explore the challenge posed by Bitcoin to regulators, particularly anti-money laundering regulators. Bitcoin is a crypto-currency based on open-source software and protocols that operates in peer-to-peer networks as a private irreversible payment mechanism. The protocol allows cross-border payments, for large and small items, with little or no transactional costs.
Design/methodology/approach
Case studies and case law are examined as are relevant reports by regulators.
Findings
Bitcoin is based on complex computer code supported by a robust community in a peer-to-peer network. Unlike other virtual currencies, Bitcoin appears to have obtained purchase and as such poses unique challenges to regulators.
Research limitations/implications
Bitcoin is at a nascent stage and the evolution of the virtual currency is difficult to predict.
Practical implications
Those who study financial systems, anti-money laundering regimes and asset forfeiture laws will have an interest in this topic.
Originality/value
This is a new and emerging currency; there is limited literature on the implications of this currency to anti-money laundering systems.
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The purpose of this paper is to explore typologies as well as emerging trends and threats in money laundering.
Abstract
Purpose
The purpose of this paper is to explore typologies as well as emerging trends and threats in money laundering.
Design/methodology/approach
Recent trends and emerging threats in money laundering are discussed, both in terms of predicate activities (drugs, fraud) and in terms of techniques/typologies.
Findings
It is found that the challenges and risks posed by money laundering to financial systems and to the rule of law persist.
Research limitations/implications
Understanding evolving and emerging typologies and techniques is necessary to address money laundering challenges.
Practical implications
Considerable resources are applied by regulators and the regulated to anti‐money laundering systems; this paper provides a measure by which the robustness of those systems can be examined.
Originality/value
This paper provides a succinct but comprehensive overview of the current state of money laundering, as well as a look at emerging threats.
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The purpose of this paper is to explore tax evasion and avoidance typologies with a view to understanding how they work and the implications for those who handle the wealth of…
Abstract
Purpose
The purpose of this paper is to explore tax evasion and avoidance typologies with a view to understanding how they work and the implications for those who handle the wealth of others.
Design/methodology/approach
American, Canadian and UK cases of tax avoidance and tax evasion are studied.
Findings
Structuring transactions to avoid or minimize taxes is highly complex, and thus, fraught with risk, particularly for advisors.
Research limitations/implications
Commercial and taxation law in a globalized economy is an ever‐changing matter.
Practical implications
There is an enormous potential for reputational risk which can bear significant consequences for the unwary financial advisor. Money launderers can hide their assets applying methods similar to those used to evade or avoid taxes.
Originality/value
Thousands and thousands of pages documenting tax evasion and avoidance cases have been distilled into an overview paper.
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The paper aims to explore the penetration of power in Mexico by drug cartels and the attendant policy challenges to address the problem.
Abstract
Purpose
The paper aims to explore the penetration of power in Mexico by drug cartels and the attendant policy challenges to address the problem.
Design/methodology/approach
The history of unlawful activity and cartels is discussed as well as the policy solutions being explored by the Mexican Government and its partners like the USA.
Findings
The challenges are longstanding, complex and defy simple solutions. Concerted problem solving can change conditions on the ground.
Research limitations/implications
The impact of longer term initiatives to strengthen the rule of law merits further study.
Practical implications
Drug cartels are taking a huge toll on Mexico, particularly in terms of violence; this threatens not only Mexico but neighbouring countries as well.
Originality/value
The problems Mexico faces are placed in historical context and in the context of the larger international trade in illicit drugs.
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The purpose of this paper is to explore countering the financing of terrorism and its impact on financial institutions.
Abstract
Purpose
The purpose of this paper is to explore countering the financing of terrorism and its impact on financial institutions.
Design/methodology/approach
Actual examples of terrorist financing are considered, as well as the international and Canadian framework for financial institutions.
Findings
The system for countering the financing of terrorism can be improved to lower costs and risks to financial institutions and to enhance actionable intelligence. A balance must be sought between the objective, actionable intelligence and the mechanism used to advance that objective.
Research limitations/implications
There is limited research on terrorism financing and little statistical data.
Practical implications
Some simple and modest reforms to the framework are suggested; policy makers need to consider their goals and revaluate the existing framework.
Originality/value
There is little writing in this area. This paper would be of interest to financial institutions, regulators, law enforcement and the intelligence community.
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The purpose of this paper is to explore the various typologies and methods used to cloak assets following the placement stage of money laundering.
Abstract
Purpose
The purpose of this paper is to explore the various typologies and methods used to cloak assets following the placement stage of money laundering.
Design/methodology/approach
Techniques used to hide assets and cloak ownership, ranging from simple nominee arrangements through to complex financial transactions are explored.
Findings
There are a myriad of methods available to money launderers to cloak their assets.
Research limitations/implications
More work needs to be done on the issue of information gateways.
Practical implications
Assets are cloaked to obfuscate the trail and make it difficult for law enforcement to “follow the money”. Understanding the methodologies used is the first step to understanding the problem.
Originality/value
A number of cases from Canada, the USA and Australia were studied, as well as reference material advisors use for asset protection.
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The purpose of this paper is to examine money laundering generally and the response of one jurisdiction, the Philippines, to international pressure for anti‐money laundering…
Abstract
Purpose
The purpose of this paper is to examine money laundering generally and the response of one jurisdiction, the Philippines, to international pressure for anti‐money laundering measures.
Design/methodology/approach
Money laundering is examined and described. The source of international consensus around the problem is considered. The multilateral response, including the pressure placed on the Philippines as a formerly non‐compliant jurisdiction is examined. The initial measures of the Philippines were rejected. Finally the Philippine solutions that ultimately met with international approval are discussed: the establishment of a financial intelligence unit, the regulation of financial intermediaries and the provision of criminal and remedial measures are considered. Civil or non‐conviction based forfeiture as a remedial device is given particular attention. Finally the limited jurisprudence on topic is examined.
Findings
The Republic of the Philippines has put forward anti‐money laundering provisions that hold the prospect for success. Implementation will be challenging.
Research limitations/implications
Jurisprudence is still developing. This type of litigation takes time. As the financial investigation unit, the intermediaries and the courts respond to cases, there will be developments worthy of further research.
Practical implications
This paper looks at an international problem, money laundering, the multi‐lateral response (only Nigeria and Myanmar are non‐compliant) and the impact on the Philippines, their financial institutions and laws.
Originality/value
There is no comprehensive overview of the Philippine anti‐money laundering law currently available. There is a book published out of Manila (quoted in the paper) but it is out of date and has not caught up to recent developments.