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Money Laundering Investigations | AML | Exiger

Danske Bank Money Laundering Scandal: The Tip of the Iceberg(s) Case Highlights Potential Protections for BSA Whistleblowers; When A Purported Money Laundering Investigation Turns Into a Class Action Complaint: The Latest Round in BofI’s Fight to Put Money Laundering Allegations in the Rearview Mirror
The money laundering investigation was run by Special Agent Deven Williams out of the FBI’s Tampa Field Office—one of the original subjects was operating out of the Tampa area and had opened.
The following examples of Money Laundering Investigations are written from public record documents on file in the courts within the judicial district where the cases were prosecuted. California Woman Sentenced for Role in Offshore Sweepstakes Scheme

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I will discuss the combined efforts of the FBI and its partners in law enforcement, which have resulted in a significant improvement in cooperation and the efficiency with which we interact to address the investigation of money laundering and terrorist financing matters.
(CNN)The Trump Taj Mahal casino broke anti-money laundering rules 106 times in its first year and a half of operation in the early 1990s, according to the IRS in a 1998 settlement agreement. It's.
HSBC will pay $1.9 billion for money laundering. HSBC, the British banking giant, said Tuesday it will pay $1.9 billion to settle a money-laundering probe by federal and state authorities in the.

Money Laundering and Asset Recovery Section (MLARS) | Department of Justice

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It’s the old adage from the Watergate investigation: “Follow the money.” The implication, particularly in the more fever-swampy portions of Twitter, is that there was money laundering afoot.
Danske Bank Money Laundering Scandal: The Tip of the Iceberg(s) Case Highlights Potential Protections for BSA Whistleblowers; When A Purported Money Laundering Investigation Turns Into a Class Action Complaint: The Latest Round in BofI’s Fight to Put Money Laundering Allegations in the Rearview Mirror

investigation laundering money Criminal Investigation Chapter 5.
Investigative Process Section 5.
Money Laundering and Currency Crimes 9.
Material Changes 1 IRM Subsections 9.
Subsequent paragraphs have been re-numbered.
Effect on Other DocumentsThis IRM supersedes IRM 9.
Common methods include disguising the source of the proceeds; changing the form of the proceeds; or moving the proceeds to a place where the proceeds are less likely to attract attention.
The object of money laundering is ultimately to get the proceeds back to the individual who generated them.
Money laundering is a necessary consequence of almost all profit generating crimes and can occur almost anywhere in the world.
Money laundering is a threat to the United States tax system in that taxable illegal source proceeds go undetected along with some taxable legal source proceeds from tax evasion schemes.
Both schemes use nominees, currency, multiple bank accounts, wire transfers, and international "tax havens" to avoid detection.
This untaxed underground economy ultimately erodes public confidence in the tax 1 money laundering />Tax and money laundering violations are closely related and the Internal Revenue Service IRS has used the money laundering statutes to combat tax evasion.
Criminal Investigation is also responsible for enforcing the BSA statutes under Title 31.
Money laundering activity may violate 18 USC §1956, 18 USC §1957, 18 USC §1960, and provisions of Title 31, and 26 USC §6050I of the United States Code USC.
This section will discuss only those money laundering and currency violations under the jurisdiction of IRS, CI.
The same transaction cannot be both a money laundering offense and the underlying specified unlawful activity SUA that generated the funds being laundered.
For example, the initial drug deal between buyer and seller is not a transaction involving SUA proceeds because money exchanged for drugs is not proceeds at the time the exchange took place US v.
In general, these statutes prohibit knowingly engaging in financial transactions using funds derived from a SUA.
The government must prove that the transaction proceeds under 18 USC §1956 a 1 were in fact derived from a SUA, or in the instance of 18 USC §1956 a 3represented money derived from SUA.
Specified unlawful activities go far beyond narcotics related offenses and include, in part, bankruptcy fraud, health care fraud, and insurance fraud.
Title 26 and Title 31 offenses are not SUAs.
The Title 26 or Title 31 activity requirement may be waived if no other agency objects or, if after positions are made known by each concerned agency, it is resolved to give the IRS jurisdiction.
The five year statute also applies to violations of 18 USC §1960 absent any other specific provision.
The statute of limitations runs from the date on which the money laundering offense was completed.
It has three specific parts.
The civil penalty is intended to be imposed in addition to any criminal fine.
Title 18 USC §1956 a 2 B i requires proof that the defendant knew that the monetary instruments or funds involved represented the proceeds of some form of unlawful activity.
But this provision does not require the government to prove that the property was, in fact, the proceeds of an SUA.
Therefore, offenses under 18 USC §1956 a 2 A can involve legally derived funds used to promote an SUA.
Tax evasion is not an SUA and intent to evade tax is not an enumerated intent of the transportation offense.
This subsection was added to the statute expressly to permit prosecution where the defendant believes the proceeds were derived from a SUA because of a representation made by a law enforcement officer LEO or an informant working under the LEO's control.
However, it is not a money laundering offense to engage in a financial transaction in a drug deal if the money was not the proceeds of an SUA before the transaction began.
Therefore, an undercover agent or directed informant must represent that the money involved in a financial transaction is the proceeds of some past criminal activity or property used to facilitate past criminal activity.
Circumstantial evidence will have to be used to show intent if an arrest is made before a defendant does anything with funds received from an undercover agent or a directed informant.
In such instances, the delivery of funds must satisfy the definition of a financial transaction, the undercover agent or directed informant must properly represent the funds as being proceeds of a past SUA, and a defendant must accept the funds with one of the intents set forth in 18 USC §1956 a 3 AB or C.
The statutory language has been interpreted by the government and the courts and may not be applicable in all investigations and in all jurisdictions.
Special agents must work closely with the attorney for the government to ensure the local jurisdictional court rulings are applied to the facts and evidence of each investigation.
It has been interpreted to include more than the money derived from unlawful activity.
Because this is a criminal matter, each element of the crime must be proved beyond a reasonable doubt, including any elements proved by circumstantial evidence.
Money in a consummated drug transaction becomes proceeds; any subsequent transaction could be charged as a money laundering offense, e.
The definition of when funds become SUA proceeds in transactions that involve a middleman is based on the party employing the middleman.
If a victim in a fraud scheme sends an innocent party to investigation laundering money funds to a defendant, the funds become proceeds upon receipt by the defendant; whereas, if the defendant sends an innocent assistant to receive funds, the funds become proceeds upon receipt by the assistant.
The government need not prove that all learn more here in a transaction were unlawfully derived, but must be able to trace some of the proceeds to a SUA.
This implies that the business operations are so intertwined with fraud that to segregate the legitimate operation and profits is impossible.
Special agents should work closely with the attorney for the government when investigations involve commingled funds to ensure the elements of the crime are met.
A violation may occur even if the promoted SUA is never completed.
This applies to individuals who are willfully blind.
The majority of courts ruling in this area have held that converting proceeds into goods or services can violate 18 USC §1956 a 1 B i if the expenditures demonstrate an ulterior design to conceal or disguise.
Note: The US Sentencing Commission as said simple "receipt and deposit" of SUA proceeds causes little or no harm to society and simply constitutes the completion of an underlying offense.
Courts have held there is no intent to conceal by the mere deposit of funds into an account.
Therefore, prosecution of a receipt and deposit transaction should only be recommended for transactions that involve the movement or spending of funds subsequent to an initial deposit.
However, there must be some proof that the person engaged in the financial transaction was aware the transaction related in some this web page to an intended violation of 26 USC §7201 or 26 USC §7206.
Also, the tax involved need not be continue reading tax of the person engaging in the financial transaction, i.
The courts have affirmed the following movement of funds to be financial transactions: giving a check in exchange for cash, sending cash through the mail, transfer of a box of currency from one person to another person, various transfers of currency from a defendant's house to vehicles parked outside and the movement of drug money from an undercover agent to another person who intended to carry the money in interstate travel.
This includes a transfer of cash or any other monetary instrument from one person to another without involvement of a financial institution.
A court found a financial services company which received and invested funds to be a financial institution because it behaved like a bank.
Car dealers, pawnbrokers, and precious metal dealers are also considered financial institutions.
The International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 amended the definition to include credit unions, commodities merchants, non-financial trades and businesses and informal money transfers systems which include underground banking systems, black market peso exchanges and hawalas.
Note: Alternate remittance systems represent informal or unregulated means of transferring value between or among multiple locations.
Often these systems are comprised of geographic networks and are described by a variety of specific terms depending on the region or community they serve.
Hawala is the term often used to describe alternative remittance systems or services in the Middle East.
The act of conducting such transactions is termed "smurfing".
Explicit representations need not be made, but are preferred.
The requirement of subsection 18 USC §1956 a 3 that the property be represented as either the proceeds of a SUA or as being used to facilitate or conduct criminal activity replaces the knowledge and proceeds requirements of 18 USC §1956 a 1.
It is also an offense if an undercover agent says, this airplane is used to smuggle drugs, and a defendant then engages in a financial transaction that involves pity, online gambling anti money laundering right! property with one of the specific intents.
The courts have held that it is enough for an undercover agent to make a defendant aware of circumstances from which a reasonable person would infer that certain property was criminal proceeds.
Also, the government need not recite the alleged source of represented funds during each transaction in a sting operation.
Simply spending the proceeds violates this statute.
An individual who initiates and then benefits from a transaction that was effected by another individual or entity, can be charged with the direct charge or as an aider and abettor, e.
Title 18 USC §1956 a 1 requires proof of a particular purpose or knowledge e.
The statutory language has been interpreted by the government and the courts and may not be applicable in all investigations and in all jurisdictions.
Special agents must work closely with the attorney for the government to ensure the local jurisdictional court rulings are applied to the facts and evidence of each investigation.
It is now an offense for anyone to knowingly conduct any unlicensed money transmitting business, whether or not the defendant knew that the operation was required to be licensed or that operation without a license was a criminal offense.
The proceeds of illegal money transmitting businesses are subject to both civil and criminal forfeiture to under 18 USC §981 a 1 A and 18 USC §982 a 1.
These terms should be understood to encompass the same array of businesses.
The Department of Justice DOJAsset Forfeiture and Money Laundering Section advises against prosecution of check cashers and currency exchanges under 18 USC §1960.
The rule i revises the definition of certain businesses for BSA purposes, and ii requires MSBs to register with the Department of the Treasury and maintain a list of its agents as required under 31 USC §5330.
Under the final rule, MSBs must register with the Department of the Treasury by filing the form that FinCEN specifies with the IRS Detroit Computing Continue reading or such other location as the form may specify and renew their registration every two years.
The information required by 31 USC §5330 b and any other information required by the form must be reported in the manner and to the extent required by the form.
Thus, a person that engages in MSB activities both on its own behalf and as an agent for others must register.
For example, a supermarket corporation that acts as an agent for an issuer of money orders and performs no other services of a nature and value that would cause the corporation to be an MSB, is not required to register.
Each day during which a violation occurs investigation laundering money a separate violation.
In addition, the Secretary of the Treasury may bring a civil action to enjoin the continued violation.
The Act amended 18 USC §1028 by, among other things, adding Section a 7 which establishes an offense for anyone who knowingly, transfers, possesses, or uses without lawful authority another person's means of identification with the intent to commit or aid or abet any unlawful activity that constitutes a violation of Federal law or a felony under any applicable state or local law.
It is not intended to be a stand-alone violation, but to assist in enhancing the investigation of Questionable Refund Program QRP and money laundering schemes.
This violation can be charged in conjunction with money laundering violations or separately if there is insufficient evidence to support a money laundering charge.
For example, during a money laundering investigation involving heath care fraud, evidence of 18 USC §1028 or 18 USC §1028A are developed.
Both money laundering and identity fraud charges may more info charged.
If the money laundering evidence is insufficient, the identity theft charges may still be recommended against the supplier of the fraudulent identities when no financial nexus exists in the underlying fraud scheme.
However, no forfeiture provisions are applicable if the identity fraud violations are directly linked to the investigation of a substantive tax charge absent extraordinary and compelling circumstances.
A recommendation of 18 USC §1028 and 18 USC §1028A directly linked to a substantive tax violation will be reviewed by DOJ, Tax Division.
The offense penalties vary depending on the intent and associated criminal activity.
It also sets forth punishments for the failure to make or falsify reports or records.
Offenses investigated by CI are summarized in the following sections.
Title 31, Federal Criminal Code, Chapter 53, Money and Finance, contains information regarding the purposes, russia money laundering offenses, definitions and penalties for use with this Title.
Title 31 CFR 103.
These must be authorized by the Chief, CI, pursuant to Treasury Order 150-10 and Directive 15-41.
The authority to initiate a Title 31 investigation is not redelegated any lower than the SAC see IRM 9.
The smurfing of currency was and often still is a popular method of laundering drug profits.
However, in Ratzlaff v.
United States, 114 S.
Title 31 USC §5324 was amended to read more the willfulness requirement.
Also included in the request must be the years under investigation and the request for copies of regulatory agency compliance reports for a specified period of time.
If, at the end of 120 days a primary investigation PI is not elevated to a subject criminal investigation SCIand CI wants to continue the investigation, the authorization must be renewed.
If an SCI s is numbered, then the authorization will be in effect until the conclusion of the criminal investigation.
Jurisdiction is for the purpose of conducting a criminal investigation of possible Title 31 violations committed by the financial institution, or by any of its current or former officers.
It is not necessary to make an additional request for jurisdiction of additional officers of the same financial institution if they are later identified as possible violators.
However, a grand jury expansion request will be prepared and submitted.
The report will identify the financial institution and each partner, officer, director, or employee against whom the penalty recommendation is made see IRM 9.
Note: Recommendations for civil penalties can be made at any time, but should not jeopardize an ongoing criminal investigation.
All recommendations will be sanitized of grand jury material, and must contain a statement that information contained in the recommendation does not include grand jury material.
Tax information can only be released if a related statute call has been made, and should be communicated to FinCEN so that 26 USC §6103 are followed regarding subsequent use see IRM 9.
Field offices will advise the Chief, CI, of the agreement as soon as an agreement is negotiated.
If checks are received from a financial institution as payment for the civil penalties prior to assessment, the checks should be mailed to the Assistant Director, Regulatory Policy and Programs Division at FinCEN, Attn: FinCEN, PO Box 39, Vienna, Va.
The field should then follow up with a recommendation for civil assessment.
In certain circumstances, the structuring activity can be treated as an affirmative act of evasion under 26 USC §7201, evidence of willfulness, an overt act of conspiracy under 18 USC §371, or it may support Title 31 violations.
Note: CMIR violations are within the jurisdiction of the Bureau of Immigration and Customs Enforcement ICE.
Hence, venue involving Title 26 or Title 31 investigations for falsification or omission of those forms is in the Eastern Judicial District of Michigan, in the judicial district where an IRS post-of-duty is located, or in the judicial district where the document was prepared.
Transactions comprising an act of structuring constitute a single offense.
It is not necessary to request jurisdiction from the Chief, CI, solely for the purpose of conducting the undercover operation.
To protect the existence and confidentiality of the undercover operation, Title 31 jurisdiction should not be requested until the field is ready to proceed to the grand jury stage.
Title 31 CFR 103.
There is an exception for the US Postal Service, who does not have to file CTRs, for payments or transfers made solely in connection with the purchase of postage or philatelic products.
These designation forms are entered into the Currency Banking Retrieval System CBRS and can be queried by those with CBRS access.
Banks also maintain a list of these exempt businesses.
Further information relating to who qualifies for this designation is contained in Title 31 CFR 103.
This includes the principal headquarters or any branch or other place of business.
Casinos with non-casino businesses, e.
Currency Transaction Reports will no longer be filed with the Nevada Gaming Control Board.
The deadline to file the FBAR with the Department of the Treasury for each calendar year is on or before June 30th of the following year.
The term "United States person" means a citizen or resident of the United States, domestic partnership, domestic corporation, or a domestic estate or trust.
However, 31 CFR 103.
Additional FAQs concerning MSBs can be found at www.
The SAR is the original SAR form completed by depository institutions.
The SAR form replaces both the Form 4789 and the Criminal Referral Form CRF for the reporting of suspicious currency transactions and all other potential criminal violations detected by financial institutions.
Suspicious Activity Reports are available through the CBRS.
The local CI field office serves as a liaison with financial institutions to ensure information is received timely.
The SAR forms, therefore, represent excellent leads for money laundering and BSA investigations and tax administration issues.
The SAR and the filer of the Making money with forums are treated as confidential informant information.
The SAR filing must not be disclosed to the subject of the SAR or provided to the other operating divisions.
Lists can be requested by memorandum to the Chief, CI.
Lists can be requested by memorandum to the Chief, CI.
The lists can be requested by memorandum to the Chief, CI.
The record shall include the name, permanent address, casino account number, SSN, or TIN of the person, the date, time, and currency amount involved, and the casino license number of the employee preparing the record.
Internal Revenue Service requests may be initiated at the field office level by memorandum from the SSA to the SAC, and through the Director, CI:OPS, to the Chief, CI, for submission to the Assistant Director, Regulatory Policy and Programs Division of FinCEN.
The Regulatory Policy and Programs Division at FinCEN will issue a tasking memorandum to each needed agency for assistance to carry out the targeting order.
For example, FinCEN may be a in anti money efforts casinos to receive the information, to perform analyses, and to notify designated agencies of the results.
The Commissioners of the IRS and Assistant Secretary, ICE, may be tasked to provide agents for field operations, including on-site analysis of the reported information.
Tasked agencies will be expected to commit sufficient resources throughout a targeting operation.
FinCEN will direct service of the targeting order to the Chief Executive Officers of the selected financial institutions in person or by registered mail.
After processing at the centralized location or at a transaction center, an analysis of the reports or a hard copy output will be sent to the tasked agencies for analysis and other law enforcement use.
Modification requests, including early project termination, must be fully detailed.
The Regulatory Policy and Programs Division at FinCEN will be the contact office for all targeting order communications.
Notice to a customer whose bank records are being sought by a Title 31 summons can be delayed up to 90 days upon application to a judge or a magistrate judge through a civil US Attorney.
Refer to IRM 9.
Thus, a Form 8300 violation can result in two criminal violations.
The double jeopardy clause, however, prevents multiple or successive prosecutions for the same offense.
Criminal Tax Counsel will assist in determining whether to investigate or prosecute Form 8300 violations under Title 26 or Title 31 according to the circumstances of the investigation.
The scienter requirement under Title 26 is willfulness specific intent while under Title 31 the requirement is only knowledge general intent.
Note: These cases must be referred to DOJ, Tax Division per Tax Division Directive 87-61.
The statute is increased to six years for the willful making and subscription of a false Form 8300, in violation of 26 USC §7206 1.
The definitions under Title 31 are found in the Code of Federal Regulations under Section 103.
They do not include any personal checks drawn on the account of the writer.
A transaction may not be divided into multiple transactions in order to avoid a return or a report.
Such notice is required to be given on or before January 31 of the year following the calendar year in which the return was to be filed.
The following sub-sections will discuss some of those differences.
However, investigations under 18 USC §1956 a 1 A ii are, by definition, tax-related.
However, if the Title 26 evidence is so interrelated with the money laundering grand jury investigation that it cannot reasonably be segregated, then follow the procedures in Assisting Grand Juries to Obtain Title 26 Grand Jury Information in IRM 9.
This section must also be followed if a concurrent income tax and money laundering grand jury investigation is desired.
An IRS summons may be used to obtain evidence in a joint Title 26 and 18 USC §1956, 18 USC §1957, or Title 31 administrative investigation.
An IRS summons may not be used in pure money laundering investigations an investigation where a related tax violation is not involved.
Note: If there is an approved grand jury investigation, administrative summonses will not be utilized.
Title 31 reports CTRs, SAR Forms, FBARs, CMIRs are generally not returns or return information.
However, if a copy of a Title 31 report is used in a tax or tax-related investigation or placed in a tax investigatory file, it will be return information protected by 26 USC §6103 see IRM 9.
Title 31 reports and other information collected by the IRS during the investigation are not protected by 26 USC §6103.
The key test is whether, under the facts and circumstances of the particular investigation, the money laundering provisions are considered related to the administration of the Internal Revenue laws.
This is commonly known as the related statute call see IRM 9.
In addition, 26 USC §6103 i 4 permits the information making money with forums be used for 18 USC §981 forfeitures related to the non-tax violations of 18 USC §1956, 18 USC §1957, Title 31 USC §5313 aor 31 USC §5324 a b.
Each title has rules governing access and disclosure of information gathered under the respective statutes.
The rules under Title 26 strictly limit disclosures, whereas the rules under Title 31 are less restrictive see IRM 9.
Most, but not all, Forms 8300 information filed after January 1, 2002 and maintained in the CBRS database is designated as information reported under Title 31 and accessible for Title 31 investigative purposes.
Forms 8300 information filed before January 1, 2002 and contained in CBRS is considered to have been reported under Title 26 and access and disclosure is governed by 26 USC §6103.
All Forms 8300 information maintained and accessed via the IRMF database is considered return information and the access and disclosure of that return information is governed by 26 USC §6103.
Title 26 Form 8300 information may also be disclosed for law enforcement purposes in response to a written request, pursuant to 26 USC §6103 see IRM 9.
However, if additional Title 26 information is sought beyond the information on the Form 8300, a related statute call determination will be necessary.
Filed Forms 8300 that are not required to be filed by law i.
This permission allows disclosure to investigators and prosecutors.
Such disclosures must contain a warning that such information received will not be further disclosed except for official purposes relating to the investigation or matter for which it was sought.
Additionally, FinCEN requires that IRS keep a log of all such disclosures and that the receiving agency sign an Acknowledgement Form.
Reference should be made to IRM 11.
The information is subject to the disclosure safeguard provisions of 26 USC §6103 p 4.
Note: Form 8300 information filed prior to January 1, 2002 disclosed under 26 USC §6103 l 15 cannot be used for tax administration purposes by the recipient agency.
This application must be made in writing and must include an acceptable Safeguard Procedures Report which addresses the following issues: Responsible Officer, Location of the Data, Need and Use, System of Records, Secure Storage of the Data, Limiting Access to the Data, Disposal, and Computer Security.
The CI liaison to FinCEN can identify the appropriate local Gateway representative.
Local requests, except from CIA or NSA, will be completed at the field office level.
Forward any requests submitted to the SAC from those agencies to: Chief, CI, Attn; Director, Financial Crimes, CI:OPS:FC.
Safeguards will therefore be centralized with the attorney for the government.
The CI participants on the task force will obtain the Form 8300 information filed prior to January 1, 2002 from the attorney for the government and will be able to share the Forms 8300 filed prior to January 1, 2002 and related information with other members of the task force in accordance with Dissemination Policies and Guidelines for Release of Information Reported Under the Provisions of the Bank Secrecy Act, dated December 6, 1988, §IV.
Attached for reference is a copy of the Dissemination Policies and Guidelines.
Further, in accordance with the Disclosure Safeguard Provisions of 26 USC §6103 p 4 and per IRM 9.
Prosecution recommendations for income tax and money laundering violations follow ordinary review channels.
Expert witnesses are available to assist in the presentation of money laundering investigations at trial.
CBRS and TECS should be queried to determine if CTRs, CTRs by Casinos, FBARs and Forms 8300 filed prior to January 1, 2002 were filed for reportable transactions.
However, access to these Forms 8300 is bound by 26 USC §6103 rules.
These expert witnesses are available to assist the field offices in the prosecution of money laundering and Title 31 investigations and to lecture on money laundering and Title 31 issues at Continuing Professional Education CPE and similar events, both internal and external.
The request should include a brief summary of the investigation, tentative trial dates and a point of contact.
In order to ensure that expert witness testimony can be arranged, requests should be made as soon as it can be reasonably anticipated that expert witness testimony is required in a particular investigation.
Field office requests to seek funds for awards should be sent to the Chief, CI.
A request for award should specify the original information that was provided and its value.
The request for award should be forwarded by the SAC through the Director, Field Operations to the Chief, CI, who will forward the request to the Assistant Director, Regulatory Policy and Programs Division at FinCEN.
The publications should be distributed by special agents during contacts see more presentations with financial institutions and trades or businesses.

The Untold Story of Money Laundering

10 11 12 13 14

A Dutch investigation on the over-invoicing leading to Money Laundering in the purchase of equipments related to gas and oil exploration is expected to reach the doors of Mukesh Ambani-headed Reliance Industries Limited (RIL) linked firms in Singapore and India. According to Dutch journalists, the.


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