ANTI-MONEY LAUNDERING CERTIFICATE|UPDATED&VERIFIED|100% SOLVED|GUARANTEED SUCCESS
Money Laundering The process of making dirty money look clean. Criminals disguise the source of funds, changing the form or moving the money to a place where it is less likely to attract attention. The process of money laundering can be broken down into three stages: Placement, Layering and Integration. UN 2000 Convention Against Transnational Organized Crime - "Palermo Convention" def. of Money Laundering 1. The conversion of property for the concealment of its origin 2. The concealment of the true nature of the property 3. The acquisition/use of property All three need: KNOWING it was derived from a criminal offense Importance of "KNOWING" in money laundering You have to prove knowing in money laundering. The intent and knowledge required to prove the offense of money laundering includes the concept that such a mental state may inferred from "objective factual circumstances." Willful Blindness This is the deliberate avoidance of knowledge of the facts or purposeful indifference and have held that willful blindness is the equivalent of actual knowledge of the illegal source of funds or the intentions of a customer in a money laundering transaction. Difference of ML and Terrorist Financing The funds destined for money laundering are derived from criminal activities while the funds of terrorist financing may include funds from perfectly legitimate sources. Concealment of funds used for terrorism is primarily designed to hide the purpose for which these funds are used, rather than their source. Placement Stage one of money laundering. This is the physical disposal of cash or other assets derived from criminal activity. During this phase the money launderer introduces the illicit proceeds into the financial system. Often, this is accomplished by placing the funds into circulation through formal financial institutions, casinos, and other legitimate businesses, both domestic and international. Placement techniques 1. Blending of funds 2. Foreign Exchange 3. Breaking up amounts 4. Currency smuggling 5. Loans Blending of funds Co-mingling of illegitimate funds with legitimate funds such as placing the cash from illegal narcotics sales into cash-intensive locally owned restaurant. Breaking up amounts Placing cash in small amounts and depositing them into numerous bank accounts in an attempt to evade reporting requirements. Currency smuggling cross-border physical movement of cash or monetary instrucments Loans used for Placement Repayment of legitimate loans using laundered cash Layering The separation of illicit proceeds from their source by layers of financial transactions intended to conceal the origin of the proceeds. This stage involves converting the proceeds of crime into another form and making it difficult to find the origin and beneficial owners. Examples of Layering 1. Electronically moving funds from one country to another and dividing them into advanced financial options or markets 2. Moving funds from one financial institution to another or within accounts at the same institution 3. Converting the cash placed into monetary instruments 4. Reselling high value goods and prepaid access/stored value products. 5. Investing in real estate and other legitimate businesses 6. Using shell companies to obscure the ultimate beneficial owner and assets. Integration Third stage of money laundering. This stage is the part where the money tries to become legitimate to illicit wealth through the re-entry of the funds into the economy in what appears to be normal business or personal transactions. This stage provides a launderer the opportunity to increase his wealth with the proceeds of crime. Examples of Integration 1. Purchasing luxury assets like property, artwork, jewelry, or high end automobiles. 2. Getting into financial arrangements or other ventures where investments can be made in business enterprises
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