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Money laundering, the practice of disguising the origin of money obtained through criminal activity, has existed for centuries. However, it has changed over time as governments and regulatory agencies have become more sophisticated about taking steps to prevent it. One thing that hasn't changed is that banks are still a preferred target for launderers, and with good reason.
Banks hold large amounts of cash and make billions of transactions yearly. Also, they often have access to personal information about their customers that can be used to open new accounts or create fake identities.
There is a need to curb this illegal activity of money laundering. In this article, we will look at some ways in which this can be done.
Understanding Money Laundering
Money laundering is transforming the proceeds of crime into ostensibly legitimate funds. It can be done by individuals or organized crime groups, which is a global problem in every country.
Money laundering involves three steps:
- Placement: Converting dirty money into a form that will not attract attention (e.g., cash deposits, purchases of luxury items)
- Layering: Using multiple transactions to disguise the source and ownership of funds (e.g., making multiple cash deposits at several banks)
- Integration: Using legitimate businesses as fronts for criminal activity
According to the United States Sentencing Commission, around 1,001 offenders were sentenced in the US in 2022. In fact, the total instances of money laundering have declined by 12% since 2018.
There are many ways to proactively mitigate money laundering risks. These strategies, regulations, and policies to fight money laundering are called anti-money laundering (AML). The AML definition states that it is a procedure designed to prevent the illegal acquisition or concealment of funds obtained through criminal activities.
Strategies to Reduce Money Laundering Cases
According to AU10TIX, various frameworks or strategies exist to help fight money laundering. For instance, regulatory frameworks that require financial institutions to implement AML programs are one of the ways to mitigate the problem.
Similarly, other frameworks include customer due diligence (CDD), training and awareness, technological solutions, etc. You could also use a
free fraud risk assessment template to proactively identify and mitigate potential risks that could jeopardize business operations.
Regulatory Landscape
AML regulations are a crucial component of the global financial system aimed at preventing and combating money laundering. These regulations are designed to detect and deter the flow of illicit funds through the financial system.
The regulatory landscape for AML varies across countries. However, there are common elements and international standards that many jurisdictions adhere to. Here are key aspects of the regulatory landscape for AML and how they help reduce money laundering.
- Financial Action Task Force (FATF): The FATF is an intergovernmental organization that sets international standards for AML and combating the financing of terrorism (CFT). Its recommendations provide a framework for countries to develop and implement effective AML/CFT regimes.
- Suspicious activity reporting: Financial institutions must often monitor customer transactions and report any suspicious activities to relevant authorities. This facilitates the identification and investigation of potentially illicit transactions.
- Record keeping: AML regulations mandate the maintenance of records on customer transactions and other relevant information. This helps authorities trace and investigate financial transactions in case of suspected money laundering.
- AML compliance programs: Financial institutions must establish and maintain AML compliance programs that include internal policies, procedures, and controls to detect and prevent money laundering. This involves training employees, conducting risk assessments, and regularly updating the AML program.
- Regulatory oversight: Government regulatory bodies oversee and enforce AML regulations. They conduct examinations and assessments to ensure financial institutions comply with AML requirements.
Key Risk Indicators (KRIs)
The Key Risk Indicators (KRIs) are a set of red flags that can be used to identify suspicious activity. They are not the same as suspicious activity indicators (SAIs) but are often used by law enforcement and regulators. Here are some key risk indicators related to money laundering:
- Large or unusual transactions: Unusually large transactions or patterns of transactions that are inconsistent with a customer's profile or normal business operations.
- Frequent cash transactions: High frequency of large cash transactions, especially when they are inconsistent with the customer's typical behavior.
- Rapid movement of funds: Quick and frequent movement between various accounts or jurisdictions without an apparent business rationale.
- Cross-border transactions: A high volume of cross-border transactions, especially to or from high-risk jurisdictions.
- Complex transactions: Transactions involving complex structures or financial instruments that lack a clear economic purpose.
- Shell companies: Involvement with entities that appear to be shell companies, with no real business operations or legitimate purpose.
- Use of nominee accounts: Using nominee accounts or third-party accounts to conduct transactions on behalf of others makes it harder to trace the true beneficial owner.
- Politically Exposed Persons (PEPs): Transactions involving politically exposed persons or their family members may pose a higher risk due to potential corruption or influence peddling.
These indicators can be extremely helpful in identifying potential money laundering transactions. According to a Thomson Reuters report, financial bodies reported more than 3.6 million Suspicious Activity Reports in 2022. The reports were filed to the U.S. Treasury's Financial Crimes Enforcement Network.
Due Diligence and Know Your Customer (KYC) Practices
Due diligence is an extensive process that involves identifying the risks associated with a customer, product, or business activity. It determines whether you should accept the customer, product, or activity. KYC (Know Your Customer) is an essential component of due diligence because it helps you identify who your customers are. This can help you properly assess any risks involved with them.
If you fail to do these things, there could be serious consequences, like penalties from regulators, reputational harm, litigation over losses, etc. In fact, numerous organizations have been booked for AML fines in 2021. According to a report by Kyckr, the number of institutions facing AML fines increased from 24 to 80 in 2021.
The
US Department of Justice recently announced legal charges against multiple organizations for email compromise, money laundering, and wire fraud. The breaches resulted in $11.1 million in total losses.
This is also likely why organizations are desensitized to the threats of AML fines. A recent survey by Comply Advantage shows that 79% of C-level executives say they are ready to incur AML fines in 2022. This number has increased from 71% in 2021.
Technology and Innovation in AML
Technology and innovation have made it easier for criminals to move money worldwide. However, they've also made it easier for regulators to detect suspicious activity.
For example, when a transaction occurs, a bank can use machine learning algorithms to determine if it's suspicious or not. If there is any doubt about the legitimacy of an account holder or transaction, banks can freeze those accounts until further review.
In addition to using technology in real-time transactions, many banks also use analytics software that scans through historical data. This helps look for patterns that might indicate money laundering activity.
Industry bodies and regulators acknowledge the role of Artificial Intelligence in anti-money laundering cases. AI's potential in regulatory compliance has also managed to catch the attention of investors. According to EY, around
$5.3 billion was invested in RegTech firms, a huge growth from $1.7 billion of the previous year.
Training and Awareness Programs
Training and awareness programs are an essential part of any anti-money laundering program. They can be implemented at all levels of an organization, from senior management to employees who handle cash in the field.
Training should be ongoing and not just a one-time process. It should also include refresher courses when necessary to keep staff up-to-date on new regulations or policies. Training topics can range from basic concepts, such as what constitutes suspicious, to more advanced material.
In conclusion, you can bolster your defenses against money laundering with the right mix of proactive measures. There are many ways in which criminals can try to infiltrate your business and exploit its weaknesses. Taking a proactive approach can help ensure that these attempts will not go unnoticed or unpunished.