In US v. Santos (06-1005), the United States Supreme Court sent confusion into what is required for a conviction under the federal money laundering statue: 18 U.S.C. 1956.The problem is the use of the word “proceeds” in 18 U.S.C. 1956(a)(1). Does “proceeds” meean gross receipts or profits? The justinces could not get together in a … Read more »
Category: Anti-Money Laundering
Politically Exposed Person
Politically Exposed Person “PEP” is a person who may be or recently acted in the political arena of a country or has held a position in the recent past. These individuals must be tracked by financial institutions as they pose potential risk. PEP-specific compliance legislation underlines the link between corrupt politicians, money laundering and the … Read more »
Specially Designated Nationals and Blocked Persons List Updated
The Office of Foreign Assets Control has just updated the Specially Designated Nationals and Blocked Persons List. It is a big list. The .pdf file is 404 pages long. The separate file of additions in 2008 is 106 pages long. Here are the new bad guys added on October 30, 2008: ABDELRAHIM, Abdelbasit (a.k.a. ABDUL … Read more »
FinCEN Programs for Mutual Funds
Here are links to the text of some FinCEN program for mutual funds: 31 CFR 103.130 Anti-money laundering programs for mutual funds(.pdf) each mutual fund shall develop and implement a written anti-money laundering program reasonably designed to prevent the mutual fund from being used for money laundering or the financing of terrorist activities and to … Read more »
FinCEN Withdraws Proposed Rulemaking for Unregistered Investment Companies
On September 26, 2002, Financial Crimes Enforcement Network issued a notice of proposed rulemaking, proposing to require unregistered investment companies” to establish and implement anti-money laundering programs. (Anti-Money Laundering Programs for Unregistered Investment Companies, 67 FR 60617 (Sep. 26, 2002)) In that notice of proposed rulemaking, FinCEN proposed to define the term “unregistered investment company” … Read more »
Money Laundering Reporting Officer Fined
The Financial Servies Authority of the United Kindom fined Sindicatum Holdings Limited £49,000 and its money laundering reporting officer (MLRO), Michael Wheelhouse, £17,500 for not having adequate anti-money laundering systems and controls in place for verifying and recording clients’ identities. [FSA fines firm and MLRO for money laundering controls failings] Apparently this is the first … Read more »
Real Money Laundering
The October 2008 edition (.pdf) of The SAR Activity Review, Trends, Tips and Issues published by the Financial Crimes Enforcement Network, has a great story on page 29 about a marijuana smuggling and money laundering operation. The organization was concerned that the cash smelled like marijuana. The benk tellers even noticed the smell of marijuana … Read more »
FinCEN Proposes Regulatory Simplification
In a news release, the Financial Crimes Enforcement Network (FinCEN) announced the publication of a proposal to simplify its rules and regulations by centralizing them in its own new chapter of the Code of Federal Regulations. The current organizational structure of FinCEN regulations developed over many years, during which Congress expanded FinCEN’s authority . As … Read more »
James H. Fries, Jr. on The Objectives and Conduct of Bank Secrecy Act Enforcement
James H. Fries, Jr., the Director of Financial Crimes Enforcement Network at the U.S. Department of Treasury spoke about The Objectives and Conduct of Bank Secrecy Act Enforcement at the ABA/ABA Money Laundering Enforcement Conference in Washington D.C. on October 20, 2008. “An essential principle of FinCEN’s enforcement program is to uphold the public policy … Read more »
The Specially Designated Nationals List (SDN)
The Office of Foreign Assets Control in the Treasury Department keeps the Specially Designated Nationals List (SDN). The Specially Designated Nationals List is a publication of OFAC which lists individuals and organizations with whom United States citizens and permanent residents are prohibited from doing business. Read more »