Saturday, November 28, 2009

127 - Gone Hollywood

Operation C-Chase is now published in a book - "The Infiltrator". Movies rights are in play. Is money laundering going Hollywood? Is international intrigue, mountains of cash, drugs, exotic locales and power now sexy?

What a surprise.


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126 - Dollars to Pesos

There are numerous cases of bulk cashing smuggling across the United States / Mexico border. Drugs go north and guns, cash and SUVs go south. Now the Mexican authorities seem to be tackling the problem, one that appears to have grown into institutionalised proportions.


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11 Arrested in Mexico for Money Laundering

MEXICO CITY – Mexican authorities arrested 11 suspected money launderers during raids on 17 finance companies in the northern cities of Culiacan and Tijuana, the Attorney General’s Office said.

The money-laundering ring operated through a series of companies, some of which posed as authorized financial institutions while others were simply shell companies, the AG office said.

These companies “were disguised to appear as legitimate clients before certain formal institutions of the financial system in order to change (into pesos) large sums of dollars” from illicit activities, according to an official statement.

They later deposited the pesos in their bank accounts and subsequently transferred them to accounts in Culiacan and made payments to people with no apparent relationship to those companies.

Among the organizations forming part of the ring were currency exchanges and pawn shops in Tijuana, just across the border from San Diego, California.

Culiacan is the capital of Sinaloa state, birthplace of many of Mexico’s drug kingpins, including fugitive Sinaloa cartel chief Joaquin “El Chapo” (Shorty) Guzman.

Tijuana is the seat of the cartel of the Arellano Felix brothers, a group that has dwindled following the capture or death of several of its main bosses and that is now battling the Sinaloa and Gulf outfits for control of its home turf.

Every year in Mexico some $16 billion are laundered, of which $10 billion are processed through the financial system and $6 billion through currency exchanges, federal prosecutors say. EFE

Thursday, November 19, 2009

125 - Defrauded? Sue a Bank!

Washington Mutual Bank (now owned by JPMorgan Chase after the mortgage crisis plunged its balance sheet into dust) was citied in the recent past for AML regulatory violations. WaMu is now accused of having been lax in its due diligence of a customer who perpetrated a USD150-million Ponzi scheme in a civil suit brought about by investors fleeced in the Ponzi scheme.

It would appear that the fleeced investors firmly believe that if a bank is vigilent in its fight against money laundering, it should be able to detect a major fraudster, especially after having conducted two audits while in the process of granting the fraudster "reverse ATM" capabilities and advanced cash management software.

As more investors become fleeced in Ponzi schemes, more lawyers will realise that the best target to make investors whole is the bank that offered services to the fraudster. In a litigious society, this game will play out often, especially against those banks who incur regulatory sanctions for AML non-compliance.

Banks now have another reason to boost AML compliance, however that challenge is particularly accute, given the slashing of budgets within most financial institutions' financial crime risk management functions.


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Washington Mutual Facilitates a Multi-Million Dollar Ponzi Scheme

Newswise - Attorneys have filed an action in the US District Court for the Northern District of California accusing yet another bank of nurturing a Ponzi scheme. The complaint was filed as a class action suit on behalf of victims of a $150 million Ponzi scheme involving thousands of defrauded investors and the promise of safe, high yield CDs. The scheme, centered in Napa, California, was the brainchild of William Wise, who has a long a record of securities violations. The defendant in the case is Washington Mutual Bank, which Wise used to facilitate the operation of his scheme.

Specifically, Wise used two branches of WAMU located in Napa California to deposit, transfer and wire throughout the world the money earned from his illicit activities. Eventually, as Wise's account grew, WAMU's branch manager in Napa suggested he obtain a remote deposit facility (often referred to as a reverse ATM). Before that device was provided, WAMU was required to audit Wise. WAMU also suggested Wise obtain software offered to the bank's larger clients to direct and manage a high volume of wire transfers. This tool again required a WAMU audit. This second audit was run from WAMU's treasury department in Seattle, Washington. By providing these special services, WAMU knowingly provided Wise with his own private "bank within a bank".

As the complaint alleges, WAMU learned of Wise's illicit scheme thorough two audits by two different managing departments, but nevertheless allowed Wise's activities to remain unchecked. WAMU's complicity in the scheme resulted in the defrauding of millions of dollars from thousands of investors.

During this time period, WAMU had been operating under a Consent Decree issued by the US Office of Thrift Supervision in 2007. The decree was in direct response to WAMU's previous failures to comply with numerous federal anti-money laundering statutes including the International Money Laundering Abatement and financial Anti-Terrorism Act of 2001, the Money Laundering Control Act of 1986, and the Bank Secrecy Act of 1970. The Consent Decree, among other things, ordered strict compliance with bank secrecy and money laundering requirements, and called for new and improved policies for maintaining compliance with federal banks secrecy and money laundering laws.

Berk Law, and the Law Offices of Keith L. Miller, in tandem with Cotchett, Pitre & McCarthy filed the case. Steven N. Berk, counsel for the plaintiffs, remarked, "WAMU's history of putting profits above compliance to capitalize on the mortgage bubble is well documented, but only now are we seeing that same corporate culture spilling over into taking risks in other areas such as the support of illegal and shady investment schemes."

The suit names JPMorganChase as the successor in interest to WAMU and seeks damages from JPMorganChase for the thousands of defrauded investors.

Source: NewsWise

Tuesday, November 17, 2009

124 - Mustering the Troops

The Obama Administration today announced the formation of a Financial Fraud Enforcement Task Force to combat significant financial crimes relating to the current financial crisis. Banks will certainly be asked to assist in the fight against financial fraud and money laundering.

If financial institutions thought the regulators' emphasis on solvency risk would trump any scrutiny of financial crime risk, they are sorely mistaken.


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Attorney General Eric Holder Speaks at the Financial Fraud Enforcement Task Force Press Conference
Washington, D.C. ~ Tuesday, November 17, 2009

Good afternoon. I am joined here by some of my partners in the new effort we are launching today, Secretary of the Treasury Tim Geithner, Secretary of Housing and Urban Development Shawn Donovan, and Robert Khuzami, the Director of Enforcement at the Securities and Exchange Commission, who is here representing SEC Chairwoman Mary Schapiro.

I am pleased today to announce the launch of an interagency Financial Fraud Enforcement Task Force to combat financial crime. The Task Force is designed to strengthen our collective efforts -- in conjunction with our federal, state, and local partners -- to investigate and prosecute significant financial crimes relating to the current financial crisis; to recover ill-gotten gains; and to ensure just and effective punishment for those who perpetrate financial crimes.

We face unprecedented challenges in responding to the financial crisis that has gripped our economy for the past year. Mortgage, securities, and corporate fraud schemes have eroded the public’s confidence in the nation’s financial markets and have led to a growing sentiment that Wall Street does not play by the same rules as Main Street. Unscrupulous executives, Ponzi scheme operators, and common criminals alike have targeted the pocketbooks and retirement accounts of middle class Americans, and in many cases, devastated entire families’ futures.

We will not allow these actions to go unpunished, which is why President Obama has established this Financial Fraud Enforcement Task Force to investigate and prosecute fraud and financial crime.

In the tough economic environment we face today, one of this Administration’s most important missions is to draw upon all of the resources of the federal government to fight financial fraud in all of its forms. The Financial Fraud Enforcement Task Force will wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. We will marshal the criminal and civil enforcement resources of the executive branch to investigate and prosecute financial fraud cases; recover stolen funds for victims; address discrimination in lending and financial markets; and enhance coordination and cooperation among federal, state, local, tribal, and territorial authorities responsible for investigating and prosecuting significant financial crimes and violations.

This Task Force’s mission is not just to hold accountable those who helped bring about the last financial meltdown, but to prevent another meltdown from happening. By punishing criminals for their actions, we will send a strong message to anyone looking to profit from the misfortune of others: We will investigate you, we will prosecute you, and we will incarcerate you. We will be relentless in our investigation of corporate and financial wrongdoing, and will not hesitate to bring charges, where appropriate, for criminal misconduct on the part of businesses and business executives.

Even before the launch of this Task Force, we have increased our efforts to prosecute financial fraud, including securities and commodities fraud, market manipulation, and various Ponzi schemes. In just the last ten months, we have secured the convictions of Bernard Madoff and several of his associates, and working alongside the SEC, have indicted several officers of Stanford Financial Group for their involvement in another massive Ponzi scheme.

Last month, we arrested individuals on charges stemming from what has been described as the largest hedge fund insider trading case in history. We also recently secured a 20-year sentence for the president and owner of Gen-See Capital Corp., who perpetrated a $31 million Ponzi scheme between 2002 and 2009 involving more than 500 victims, as well as 30-year and 25-year sentences for two executives of National Century Financial Enterprises following their convictions on conspiracy, fraud, and money-laundering charges.

We also have devoted substantial attention to preventing and prosecuting mortgage fraud. The FBI is currently investigating more than 2,800 mortgage fraud cases, up almost 400 percent from five years ago. The Bureau has more than doubled the number of agents investigating mortgage scams, and has created a National Mortgage Fraud Team at headquarters here in Washington. And last summer, we launched a coordinated state/federal mortgage fraud initiative with state attorneys general from around the country. This initiative will result in enhanced information-sharing, improved criminal and civil enforcement efforts, and a more effective approach to fighting discrimination in the housing and lending markets.

These were important steps, and by launching this new Task Force today we will build on them in moving forward.

This Task Force will be a robust, substantial working partnership with concrete follow-through. We will enhance training and information-sharing across the government, so that our prosecutors, regulators, and law enforcement agencies work seamlessly, employing the best available practices to fight financial crime.

We will work tirelessly with the victims of financial crime to ensure that their rights are restored and their financial futures preserved.

And at the core of the Task Force’s mission will be our enforcement efforts, which will focus on the types of financial crime that affect us most significantly in this time of economic recovery: These crimes include:

  • mortgage fraud –from the simplest of "flip" schemes to systematic lending fraud in the nationwide housing market;
  • securities fraud – including traditional insider trading, Ponzi schemes, and misrepresentations to investors;
  • Recovery Act and rescue fraud – we will ensure that the taxpayers’ investment in America’s economic recovery is not siphoned away by a dishonest few; and,
  • discrimination – this Task Force will work to ensure that the financial markets work for all Americans, and that no one is unfairly targeted based on impermissible characteristics.

Our Task Force will take full advantage of the new legislative authorities Congress provided us earlier this year when it gave our agencies stronger tools to investigate and prosecute financial fraud. That legislation, the Fraud Enforcement and Recovery Act of 2009, was an important bipartisan endorsement of the work we will undertake in this area.

Our enforcement priorities will continue to be informed by the realities of the crisis we face. We will protect borrowers and ensure the integrity of the financial services industry by combating mortgage fraud head-on. We will protect investors and our capital markets by vigorously attacking securities fraud. We will ensure that recipients of federal financial rescue funds do not obtain them through fraud, or use them for improper purposes. And we will make sure that federal stimulus funds are well-spent by vigilantly protecting the integrity of federal procurement and grant processes. By carrying out this mission aggressively and effectively, we will promote the integrity of our markets, preserve taxpayers’ resources, and protect the vast majority of consumers, investors, and companies that play by the rules and adhere to the law.

I now turn it over to Secretary Donovan.

Friday, November 13, 2009

123 - Madoff's Mathematics

Two academics have released a paper on the mathematics of Bernard L. Madoff's alleged split/strike conversion derivatives strategy, the underlying foundation of his investment marketing to prospective clients. It should make very interesting.

I trust that investment market regulators will be incorporating this mathematics into their analytical models for hedge fund compliance.


122 - Physical securities

Benny Judah has pled guilty to selling fraudulent debentures and operating a Ponzi scheme. Solicitations were sent in the mail to prospective investors. Once they signed on, investors received the physical debentures for their signature, and then mailed them back to Excel Lease Fund, the corporation controlled by Judah.

Receipt of physical securities for signature from an unproven investment vehicle is never a good sign. Whenever paper securities are issued, red flags should run up the flagpole.


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http://www.justice.gov/usao/txn/PressRel09/judah_securities_ple_pr.html

FOR IMMEDIATE RELEASE

MEDIA INQUIRIES: KATHY COLVIN

THURSDAY, NOVEMBER 12, 2009

http://www.usdoj.gov/usao/txn/

PHONE: (214)659-8600

LUBBOCK BUSINESSMAN ADMITS CAUSING MORE THAN $50 MILLION IN LOSSES TO INVESTORS

Federal Judge Orders Benny Lee Judah Into Federal Custody Following Guilty Plea

LUBBOCK, Texas — Benny Lee Judah, 50, a businessman from Lubbock, Texas, was remanded into federal custody this afternoon following his guilty plea to felony offenses stemming from his defrauding at least 250 investors of more than $50 million, announced U.S. Attorney James T. Jacks of the Northern District of Texas (NDTX). U.S. District Judge Sam R. Cummings ordered a pre-sentence investigation report with a sentencing date to be set upon the completion of that report.

Specifically, Judah, who operates numerous restaurants and related businesses, including Excel Lease Fund, Inc., pleaded guilty to one count of money laundering and one count of sale and delivery after sale of unregistered securities. The money laundering count carries a maximum statutory sentence of 20 years in prison and a $250,000 fine; the securities count carries a maximum statutory sentence of five years in prison and a $250,000 fine. As part of the plea agreement with the government, parties agree that the loss in the case is $50,162,707 and that the restitution owed is $48,394,207.

On February 1, 2001, in U.S. District Court for the NDTX, Judah and his company, Excel, were subjects of a final judgment of permanent injunction filed by the Securities and Exchange Commission (SEC) that permanently restrained and enjoined them in the offer or sale of unregistered securities, in providing through the mails any communication employing any scheme to defraud or material misrepresentation, or from engaging in any transaction or practice which would operate as a fraud or deceit on any purchaser. Judah and Excel were ordered to pay a $50,000 civil penalty as part of the Court’s final judgment, and Judah was put on notice of the illegal fraudulent securities violations in which he had engaged.

Judah, an accountant by education and training, is not a licensed securities broker. Since at least 2001, he has sold Excel debentures, guaranteeing a high rate of return. Essentially, however, while purporting to manage and operate the Excel leasing business, Judah was actually operating a Ponzi scheme.

Judah admitted that from October 2005 until April 2009, he schemed to fraudulently obtain $50,162,707 from victim investors in Excel who purchased Excel debentures. He operated this scheme successfully until April 21, 2009, when the SEC filed a civil Complaint against him and Excel alleging violations of federal securities laws. That same day, the Court granted the SEC’s motion to appoint a receiver, signed an order freezing their assets, and signed an injunction prohibiting them from taking further actions in violation of federal securities laws.

As part of his scheme, Judah misrepresented the viability of Excel by failing to disclose the true and actual use of investor funds, and the true financial condition of Excel, thus allowing him to conceal, disguise and convert investor monies for unauthorized purposes. He generated false documents consisting of prospectuses, balance sheets, income statements and interest accrual letters that were represented to be true in order to perpetuate the image of a successful company. He mailed these fraudulent documents to investors and received approximately $50,162,707. He represented to investors that Excel was profitable, when it was not, and grossly overstated the value and nature of Excel’s assets.

After an investment was made, Judah would mail the victim investors the debentures for the investor to sign and then the investors would mail the signed debentures back to Excel and Judah. Oftentimes, Judah would mail false account statements to the investors showing that their investments were earning interest at the 10% rate he had represented. Regarding the money laundering charge, Judah knew that while conducting and attempting to conduct his financial transactions, that the property involved in those financial transactions represented proceeds of his unlawful activity of mail fraud.

Judah admitted using investor proceeds in a manner grossly inconsistent with representation he had made. For example, he lost at least $5 million of the proceeds by “day trading” and used investment proceeds to provide related-party loans to himself and to other businesses he controlled.

The case is being investigated by the Lubbock offices of Internal Revenue Service - Criminal Investigation and the FBI. Assistant U.S. Attorneys Dick Baker and Ann C. Roberts of the U.S. Attorney’s Office in Lubbock are prosecuting.

Thursday, November 12, 2009

121 - Acting like a bank

The founder of an alleged Ponzi scheme has asked investors "...to think like a bank." What type of bank? A Lehman Brothers? Bear Stearns? Northern Rock? RBS? In these turbulent economic times, such advice is ironically flawed.


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U.S. Department of Justice

Brett L. Tolman

United States Attorney

District of Utah

________________________________________________________________________

FOR IMMEDIATE RELEASE CONTACT: MELODIE RYDALCH

MAY 26, 2009 801-325-3206

801-243-6475 (CELL)

PRESS RELEASE

INDICTMENT CHARGES KOERBER WITH MAIL, WIRE FRAUD AND TAX EVASION IN CONNECTION WITH REAL ESTATE INVESTMENT SCHEME

INVESTMENT SCHEME TOOK IN ABOUT $100 MILLION IN INVESTOR FUNDS; MORE THAN $50 MILLION USED TO MAKE PONZI PAYMENTS WHILE OTHER INVESTOR MONEY WAS DIVERTED TO OTHER USES

SALT LAKE CITY – A federal grand jury returned a three-count indictment Tuesday morning charging Claud R. Koerber aka Rick Koerber, age 36, of Alpine, with mail fraud, wire fraud, and tax evasion in connection with an alleged fraudulent investment scheme he devised to get money from investors. Koerber was involved with several businesses in Utah, including Founders Capital, Franklin Squires Investments, and Franklin Squires Companies, during the course of the scheme which the indictment alleges operated from sometime in 2004 to about Dec. 31, 2008.

The indictment alleges that in 2004, Koerber created and presented a series of seminars designed to encourage individuals to make money through a real estate program that he named the “Equity Mill.” The indictment alleges Koerber accepted money from individuals and companies through Founders Capital by means of representations that Founders Capital would use the money to make “hard money” or bridge loans to other entities associated with Founders Capital.

The indictment alleges Koerber used seminars, phone calls, mailings, radio programs, web sites and advertisements to communicate with investors and potential investors.

According to the indictment, Koerber represented to investors and potential investors that substantial amounts of money could be made through the “Equity Mill.” Koerber, according to the indictment, paid varying amounts of interest on the money provided to Founders Capital, but generally paid 5 percent per month to its first line investors.

Koerber, as a part of his seminars, encouraged first line investors “to act and think like a bank,” according to the indictment, by obtaining money from other people to place with Founders Capital. It was suggested that first line investors could pay 3 percent per month to second line investors, and in turn, second line investors, also thought to think and act like a bank, could pay 1 percent per month to third line investors.

Koerber represented to investors that Founders Capital provided an opportunity for families to loan their funds directly to Founders Capital in exchange for an aggressive interest payment and a high degree of liquidity. Founders Capital would then re-loan the money to parties that met Founders Capital’s lending criteria, Koerber said. The indictment alleges Koerber represented to investors and potential investors that the funds loaned to Founders Capital were secured by real property of greater or substantially similar value. The indictment alleges the money invested through the program would be used as “short term” financing to acquire and improve real property investments prior to obtaining more permanent cost effective financing.

The indictment alleges that Koerber told investors that when individuals or families make loans to Founders Capital, typical interest rates on the loaned funds would range between 1 and 10 percent a month, and that typical levels or security or collateralization ranged between 50 and 150 percent.

In fact, the indictment alleges, Koerber knew that those representations were false, or that Koerber made them false by using some of the money for purposes other than real estate bridge loans and to purchase real property. Furthermore, the indictment alleges, most of the money placed with Founders Capital was not secured or collateralized by real estate, and was diverted by Koerber for other purposes.

The indictment alleges Koerber used investor funds for personal housing, expensive automobiles, investments into restaurants, and investments into other businesses. For example, Koerber spent $850,000 on restaurants, loaned $800,000 to an associate for a restaurant, and spent more than $1 million on expensive automobiles. In addition, the indictment alleges, Koerber spent more than $5 million on making movies.

Koerber operated Founders Capital and other related entities as a ponzi scheme to convince earlier investors that their funds were earning money and to convince potential investors that the program was working and earning money. The ponzi payments created the false impression that the businesses were profitable, investments were safe, and interest was being paid.

At no time during the operation of the scheme, according to the indictment, did the Founders Capital or Franklin Squires entities operated by Koerber as a part of his Equity Mill scheme make a profit. Koeber obtained approximately $100 million in investor funds and over $50 million of those investor funds were used to make ponzi payments.

The number of victims involved in the alleged fraud scheme has not been determined, although it could be in the hundreds. Determining the number of victims is difficult because of the different tiers of investors involved. Authorities believe most victims live in Utah.

Count one of the indictment, mail fraud, charges Koerber with using the mail to send a letter addressed “To Our Lenders” which contained many of the false and fraudulent representations of the scheme. The potential penalty for one count of mail fraud is up to 20 years in federal prison and a fine of $250,000.

Count two of the indictment charges Koerber with transferring $1 million of investor money to a Founders Capital account. The potential penalty for wire fraud is up to 20 years in federal prison and a fine of $250,000.

Count three of the indictment, tax evasion, alleges Koerber had a taxable income of $900,000 for 2005 and owed federal tax in excess of $250,000 but failed to file an income tax return for the year. The indictment alleges Koerber caused various business entities under his control to pay personal expenses on his behalf. The potential maximum penalty for the tax count is up to five years and a fine of $250,000.

Defendants charged in indictments are presumed innocent unless or until proven guilty in court.

A summons will be issued to Koerber to appear for an initial appearance in federal court. The investigation, which is being conducted by the FBI, the IRS, and the Utah Department of Securities is continuing.

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Wednesday, November 11, 2009

120 - This case has it all

Switzerland, Isle of Man, St. Moritz, Wall Street fraud, multi-million dollar payments, the British Royal Family, the Bulgarian Health Service and, above all, the Miss World competition.

This case has it all.

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Miss World investor faces jail for £111m Wall Street scam

Trevor Baines, a ''Rich List'' business tycoon and former investor in Miss World, faces a long jail term after being convicted of a £111 million ($175m) Wall Street share scam.


The multi-millionaire, 69, who was included in the Sunday Times Rich List, reportedly collapsed in the dock and had to be taken to hospital after he was refused bail by a judge at the courthouse in Douglas on the Isle of Man.

Mr Baines, whose business interests included the Miss World competition, and his wife Wendy Nicolau de Almeida Baines, 50, were both convicted after a five-week trial accused of a complex money laundering scam involving false accounting and inflating the value of securities, police said.

Mr Baines was ranked at 349th on the Sunday Times Rich List in 2008, alongside rock stars Eric Clapton and Phil Collins, after making his £130 million fortune working for the Africa House Group, his trading and private banking operation.

It is run from their home, a rambling five-bedroom £2.75 million Victorian villa in Douglas, which boasts a disco, indoor swimming pool, snooker room, library, gym and garage for his vintage Jaguar car collection.

His wealth was made mainly from his property empire but he is also understood to have been one of the early investors in the Miss World franchise.

Mr Baines has also taught beginners on the Cresta Run in the millionaire-playground of St Moritz - including, he claimed, Pippa Middleton, the sister of Prince William's girlfriend Kate Middleton.

He now faces up to 14 years in jail and will be held at Jurby Prison, the only jail on the Isle of Man, before he is sentenced next month.

He was convicted of transferring 175 million dollars (£111 million) from Switzerland to bank accounts in the Isle of Man, knowing or suspecting the money was from the proceeds of crime, according to the prosecution.

The money had been amassed dishonestly by Roys Poyiadjis, the crooked senior executive of American software firm AremisSoft.

During a complex five-week trial the jury heard evidence of a complex scam to defraud investors orchestrated by Poyiadjis, 44, who awaits sentencing in New York after pleading guilty to securities fraud.

Greek Cypriot Poyiadjis duped Wall Street investors by falsely inflating AremisSoft's share price in a so-called ''pump and dump'' con.

Reports inflated the company's market value, causing the share price to rocket from £5 to £55, netting Poyiadjis a vast but dishonest fortune from the sale of AremisSoft stock which he stashed away in Swiss bank accounts.

Mr Baines was one of three trustees holding assets on Poyiadjis's behalf, and played a leading role in moving the funds to the Isle of Man.

He insisted he never knew or suspected that the AremisSoft business was criminal or the money he helped transfer was proceeds of crime.

Mr Baines and his wife also denied creating a bogus invoice that the Crown alleged was deliberately falsified as part of a wider Poyiadjis scam to cover up missing revenues from AremisSoft's contract with the Bulgarian health service.

Mr Baines denied money laundering and false accounting and Wendy Baines denied false accounting. Both were found guilty of the charges. His wife was granted bail but Mr Baines was remanded into custody.

Both will be sentenced on November 12.

Officials on the Isle of Man today stressed such serious money laundering offences can affect the island's standing in the international community, which in the current global financial climate is of the utmost importance to the island's future.

Detective Chief Inspector John Mitchell, head of the Isle of Man Police Financial Crime Unit, said: ''This was a very lengthy and complex investigation involving multiple jurisdictions around the world.

''The logistics of such an investigation would test any law enforcement authority, and I am very proud and pleased that the Financial Crime Unit has been able to undertake and complete such an investigation in a successful manner.''

Wednesday, November 4, 2009

119 - Here we go again

An editorial contributor to the Wall Street Journal has written an article regarding the possible use of the Asian Clearning Union (ACU) - an organisation that settles international transactions using an offsetting arrangement between member currencies instead of international currency markets - to launder "illicit" payments in contravention to the United States sanctions on Iran. Further information on the ACU is available at http://www.asianclearingunion.org

The article's author - Avi Jorisch - strongly believes that Iranian firms are paying foreign exporters with USD co-ordinated through the ACU settlement process. Mr. Jorisch pledges his belief in the dominance of the USD by stating, "Given the nature of international trade, it is unlikely that Iran has now shifted all of its ACU transaction [sic] to the euro."

Mr. Jorisch suggests that Section 311 of the United States PATRIOT act be invoked and that the ACU be declared a "primary money laundering concern", dramatic action in response to an allegation in a newspaper instead of a proven case.

Mr. Jorisch's analysis of international trade denominated in USD is flawed for three reasons:

1. Any international firm wishing to export in Iran will know immediately not to denote the transaction in USD in order to prevent any contact with USD clearing banks in New York. The euro - or any currency that can be cleared through a non-FX market settlement mechanism - is a top choice and readily acceptable to any trading company in the region with even a basic grasp of current financial realities.

2. With the United States Treasury running the printing presses night and day, the value of the USD has plummeted against all major currencies. Without access to foreign exchange hedging, no international trading firm would want to denote a long-dated transaction in USD. And if you're transacting in USD with an Iranian entity, you'll not get access to USD futures or options, unless they're local ACU-member country OTC and probably very expensive.

3. The very "raison d'etre" for an inter-regional currency settlement mechanism is to avoid exposure to expensive and inaccessible foreign currencies, thereby eliminating their use within the transaction as a reference currency. If the exporter is hoarding USD instead of paying his local operating expenses in local currency, then Mr. Jorisch's analysis may apply, however no trading business would operate long with that financial perspective.


Mr. Jorisch is a senior fellow at the Foundation for Defense of Democracies - http://www.defenddemocracy.org - an organisation that boasts members such as Richard Perle, Bill Kristol, Joe Lieberman, Dr. Michael Ledeen and other esteemed alumni of various think-tanks who trumpeted loudly that invading Iraq was effective use of American foreign policy. History has proven them tragically wrong.

Is this the same crowd influencing American pressure on the FATF and steering the international financial crime risk management community into another dreadful quagmire? At what point are the shattered remnants of their credibility paraded before the public eye as firm evidence of their sensational ignorance? At what point is the FATF reclaimed to fulfill its original mandate?






Tuesday, November 3, 2009

118 - FDIC on Money Mules

Money mules are a vexing problem for the authorities during bouts of rising unemployment. The allure of making easy money in front of the home computer while wearing one's pyjamas is simply too strong for many to resist. Money mules are electronic money launderers who may or may not be aware of the crime they are committing.

The United States Federal Deposit Insurance Fund has issued a special alert on the subject of money mules. Given the recent spat of bank failures, one wonders where they can find the time, yet they list excellent indicators and red flags which must be incorporated into a depository institution's financial intelligence gathering processes.



SA-185-2009

October 29, 2009

TO: CHIEF EXECUTIVE OFFICER (also of interest to BSA Compliance and Security Officer)

SUBJECT: Fraudulent Work-at-Home Funds Transfer Agent Schemes

Summary: Individuals are using deposit accounts to receive unauthorized electronic funds transfers and forward funds overseas to criminals.

The Federal Deposit Insurance Corporation (FDIC) is warning financial institutions of an increase in schemes to recruit individuals to receive and transmit unauthorized electronic funds transfers (EFTs) from deposit accounts to individuals overseas. These funds transfer agents, often referred to as "money mules," are typically solicited on the Internet by criminals who have gained unauthorized access to the online deposit account of a business or consumer. In a typical scenario, the criminal will originate unauthorized EFTs from a victim's account to a money mule's deposit account. The money mule is then instructed to quickly withdraw the funds and wire them overseas after deducting a "commission" (commonly eight to ten percent).

Criminals target online deposit accounts at institutions where business customers can originate EFTs, such as automated clearing house (ACH) and wire transfers, over the Internet. Money mules, however, can be customers at any depository institution where EFTs can be received and funds withdrawn. In some cases, the money mule may be an unknowing accomplice in a fraud scheme. Because EFTs are often made immediately available by the receiving institution, funds may be removed and wire transferred overseas before the fraud is detected. Refer to SA-147-2009 http://www.fdic.gov/news/news/specialalert/2009/sa09147.html for more information on fraudulent EFT schemes.

Money mule schemes can take many different forms, but most involve receiving unauthorized EFTs into a deposit account and then withdrawing the funds or forwarding them on to another party via another EFT. The following are common scenarios:

  • Online job posting Web sites are used by criminals to locate individuals seeking employment with flexible work hours that can be performed from home. These work-at-home schemes often involve written employment contracts, job descriptions and procedures to legitimize the scam.
  • Advance fee scams promising large monetary rewards for acting as a financial intermediary can entice individuals to participate in this activity.
  • Mystery shopping jobs may be used that require the employee to assess the performance of money service businesses by completing EFTs and then evaluating the service using customer satisfaction forms.
  • Social networking sites may be used to recruit individuals to act as money mules. Criminals conjure up various imaginative stories to befriend and persuade individuals to receive and forward stolen funds.
  • Some hesitant or skeptical money mules have been intimidated, harassed and threatened by their criminal "employers" to process the funds transfers quickly and with secrecy.
  • The personal identifiable information provided by the money mule might later be used to commit identity theft or account takeover.
  • The following are examples of events that may indicate money mule account activity:
  • A deposit account opened with a minimal deposit soon followed by large EFT deposits.
  • Deposit customers who suddenly begin receiving and sending EFTs related to new employment, investments, business opportunities or acquaintances (especially opportunities found on the Internet).
  • A newly opened deposit account with an unusual amount of activity, such as account inquiries, or a large dollar amount or high number of incoming EFTs.
  • An account that receives incoming EFTs then shortly afterward originates outgoing wire transfers or cash withdrawals approximately eight to ten percent less than the incoming EFTs.
  • A foreign exchange student with a J-1 Visa and fraudulent passport opening a student account with a high volume of incoming/outgoing EFT activity.

Money mule activity is essentially electronic money laundering addressed by the Bank Secrecy Act and Anti-Money Laundering Regulations. Strong customer identification, customer due diligence, and high-risk account monitoring procedures are essential for detecting suspicious activity, including money mule accounts. Financial institutions can find additional guidance about customer identification, account monitoring, suspicious activity reporting, and identity theft red flags below:

FDIC Risk Management Manual of Examination Policies - Bank Secrecy Act

www.ffiec.gov/bsa_aml_infobase/documents/FDIC_DOCs/BSA_Manual.pdf;

FFIEC Bank Secrecy Act/Anti-Money Laundering Examination Manual

www.ffiec.gov/bsa_aml_infobase/default.htm and

FFIEC Identity Theft Red Flags – Interagency Final Regulations and Guidelines

www.fdic.gov/news/news/financial/2007/fil07100.pdf

Financial institutions should act promptly when they believe fraudulent or improper activities have occurred, such as those of a money mule. Appropriate actions may include, but are not limited to, filing a Suspicious Activity Report and/or closing the deposit account in accordance with existing, board-approved account closure policies and procedures.

Cyber-fraud incidents and other fraudulent activity may be forwarded to the FDIC's Cyber-Fraud and Financial Crimes Section, 550 17th Street, N.W., Room F-4004, Washington, D.C. 20429, or transmitted electronically toalert@fdic.gov. Questions related to federal deposit insurance or consumer issues should be submitted to the FDIC using an online form that can be accessed at http://www2.fdic.gov/starsmail/index.asp.

For your reference, FDIC Special Alerts may be accessed from the FDIC's website athttp://www.fdic.gov/news/news/specialalert/2009/index.html. To automatically receive FDIC Special Alerts through e-mail, please visit www.fdic.gov/about/subscriptions/index.html.