Introduction

Complex economic offenses have increased due to the advancement of financial and economic systems. They are difficult to trace and can adversely impact the nation’s economic assets. Money laundering is one example of an economic crime. Money laundering can be defined as the systematic and coordinated transfer of illicit funds through multiple financial systems. This creates a complex web and makes it difficult for the source to be traced. This allows the illegal proceeds to be transferred into a legal, financial system, and all traces of illegality are erased.

This article examines the concept of money laundering. It also provides an in-depth explanation of each stage of money laundering. This article outlines the different techniques money launderers use and the adverse effects of money laundering on a country’s economic credibility. The report provides a comparative analysis of the financial regulatory systems of different countries.

What is money laundering?

Money laundering is moving illegal funds through deceptive transactions designed to conceal the source of the money and bring it into the legal, financial system.

Money laundering is a serious offense that can damage the credibility of national financial and economic systems. Most states have passed laws to stop money laundering. The public’s growing awareness of the negative effects of money laundering is one reason for the sudden increase in anti-money laundering laws. The governments have had to expand the anti-money laundering laws to meet growing public pressure. Financial and banking institutions are also under increased public pressure to comply with regulatory standards.

To ensure the effective implementation of the laws, analyzing the methods and processes money launderers use is necessary.

The rise in money laundering

Rapid technological advancement has made it possible to conduct international communications more efficiently. This is why money laundering offenses have seen a dramatic rise in recent decades. Many international banks have been established that facilitate faster and more efficient cross-border transfers. It becomes difficult to trace where the money came from once it has entered the global banking system.

Money launderers don’t have to transport the cash physically. They can also launder the money electronically through digital currency, cash, or electronic exchange channels. Technology has made capital fluid, so large amounts can be transferred in a single click.

Money laundering

Four steps are required to launder money effectively.

Illicit activity

To be able to launder money, you must first have illegal financial activity. Money laundering involves the laundering of proceeds from illicit activities.

Stage of placement

The placement stage is the first stage. This stage is where the money is entered into the legal economy. You can do this by purchasing a product through a legal, or financial institution. You can also make small cash deposits to banks through a series.

Layering stage

The layering stage is the second stage. To hide the source of the money, a complex system of financial transactions is created once the money has entered the financial system. This complex network of transactions makes it impossible to conduct an audit.

Integration stage

The integration stage is the third stage. This stage sees the money integrated into the financial system. The cash is re-integrated into the financial system as regular funds.

are many ways to launder money, including:

Cyberlaundering

Cyberlaundering is also known as money laundering in the digital age. Cyber-money laundering is the laundering of money via online channels and digital currency. This method ensures anonymity for all involved. The perpetrators use e-commerce, crowdfunding or online games to cover their illegal funds.

Smurfing, structuring

This is the most common method of money laundering. This technique allows large amounts of money to be split into small transactions. These transactions are divided into multiple accounts to avoid regulatory scrutiny.

Many countries have laws requiring banks and financial institutions to notify the government if any cash transaction exceeds a specified limit. Money launderers can avoid scrutiny by regulators by structuring transactions into small amounts. For example, in the United States, the identifies that money laundering crimes can negatively affect international capital flows and foreign investment.

Laundering money in the banking industry

The majority of the money is washed through financial institutions and banks. The money launderers make small deposits in banks worldwide, then swoop off the funds. Most often, money launderers create a complex web that involves financial transactions. This makes it difficult for the authorities to trace where the funds came from.

Many countries have passed laws that require banks and financial institutions to keep records of suspicious transactions and conduct due diligence on customers. Any suspicious financial transactions must be reported to regulators by banks and financial institutions. They must also conduct detailed assessments to assess the institution’s money laundering risk.

According to the national legislation, the banks must implement an anti-money laundering (AML) system. This AML mechanism is designed to prevent transactions that allow illegal proceeds to be legitimized. Banks must verify customers’ identities and verify that the funds they deposit are legitimate. Compliance requirements, such as Know Your Customer (KYC), are mandatory for banks. Banks must confirm that their customers are not on the list of economic offenders or criminals, as well as crime suspects and companies sanctioned.

Yes Bank case

The ED recently charged Rana Kapoor (co-founder of Yes Bank) and his family with money laundering. The ED investigation revealed that Dewan Housing Finance Limited promoters engaged in a criminal scheme and siphoned offshore the proceeds from crimes.

According to the investigation, debentures in the amount of Rs. Yes, Bank issued 3700 crores of debentures, and the funds were later transferred to Dewan Housing Finance Limited. Dewan Housing gave a loan of Rs 600 crore to Rana Kapoor, his family, and his friends. The loan was approved without sufficient collateral. The ED stated that the entity sanctioned the loan was not involved in any business activity and was, therefore, not in a position of repaying the loan.

Yes Bank also approved a second loan for M/s Belief Realtors Private Limited. The sanctioned loan was however transferred offshore and not used for the intended purpose.

Rana Kapoor, along with others, are currently facing legal proceedings. ED has also filed several chargesheets.

Laundering money in the insurance industry

Money launderers have made insurance companies their main target, especially life insurance companies. Insurance companies are subject to fewer regulations than banks and financial institutions and have no robust monitoring mechanism for suspicious activity.

The money laundered can be claimed once he has paid the insurance companies lump sum. Money launderers can invest illegal proceeds in insurance policies, and then receive legal funds when they file a claim. While some money launderers give up their claims, others borrow against the policies. This creates a complex web of financial transactions that need to be noticed by regulators.

Insurance companies must conduct thorough background checks on customers and verify their identities. They must also ensure that they don’t provide services to criminal suspects or economic offenders. The regulatory authorities must be notified of any unusual payment methods, excessive premiums or large transactions.

Initiatives internationally

Over the past decade, money laundering offenses have increased worldwide. Because money laundering is a global crime and can be committed across borders, it was necessary to establish international standards for law enforcement. Organisations such as the United Nations have taken a number of international initiatives to establish international standards to prevent money laundering. Here are some examples:

Financial Action Task Force (FATF).

The Financial Action Task Force was established at the 1989 G7 Summit. It was held in Paris. It has 39 members and works to develop global standards for money laundering prevention. FATF is also responsible for keeping a watch on terrorist financing. Its primary responsibility is to create global standards for money laundering prevention.

The FATF Recommendations 2012. require countries to identify and address risks related to money laundering and terrorist financing. These countries must establish mechanisms to mitigate these risks and name authorities. The recommendations also stipulate that financial institutions must be prohibited from opening anonymous accounts and should be required to keep records for domestic and international transactions for at least 5 years.

According to the Vienna Convention, the members must criminalize money laundering.

Vienna Convention

The United Nations Convention Against Illicit Traffic in Nacotic Drugs and Psychotropic Substances 1988 was created to prevent drug traffickers from laundering illegal funds. The Convention primarily aims to criminalize money laundering and punish those who do. The Convention requires the countries to take legislative steps to prevent drug traffickers from laundering the proceeds of their illegal activities. This would end the financial incentive to drug trafficking. According to the Convention, proceeds are any property obtained through the commission of any offense. The parties must pass laws that allow the confiscation and prosecution of traffickers.

Parties to the convention have an obligation to ensure that banks, the justice system, and other financial institutions are adequately empowered to detect, block and monitor illegal transactions. The proceeds can be converted into any property and could also be subject to confiscation. It also includes provisions that promote international cooperation to prevent money laundering. It allows for the extradition of drug dealers.