Thursday, January 14, 2010

139 - A Commodities Business with Huge Margins

For the second day in a row, Reuters has authored an excellent article on major international narcotics organisations. The profession of money laundering plays a key role in the operations of these transnational enterprises. Those in the financial services industry who believe money launderers are mere hoodlums with hockey bags of banknotes should pay heed to the details outlined below.


Cartel Inc: In the company of Narcos

2:19pm EST

By Robin Emmott

RIO BRAVO, Mexico (Reuters) - Late last year, Mexican soldiers raided a house in Rio Bravo, a dilapidated town just across the border from Texas. What they found was a kind of "back office" that belonged to the Gulf cartel, the country's most violent drug gang.

Inside the gray, one-storey house, clerical workers helped run cocaine shipments hidden in U.S.-bound avocado trucks from southern Mexico, said soldiers on patrol in the town. The office tracked the drug movements in trucks equipped with GPS and progress was logged into spreadsheets on laptops.

The Gulf cartel as well as its hitmen often refer to themselves as "The Company" -- and not without reason. Often overlooked amid all the violence and chaos they engender is the fact that Mexico's drug cartels are capably run businesses that have turned into some of the most lucrative criminal enterprises ever.

The organizations have the equivalent of chief executives and accountants. They also use outsourcing and run offices to coordinate logistics, money laundering and murders, according to interviews with U.S. and Mexican anti-drug officials.

As in legitimate commerce, the gangs employ business models and strategic planning to manage and expand their operations, make acquisitions and seek alliances, officials say.

"A drug baron's day is as hectic as it would be if you were working at any big corporation," said a senior U.S. law enforcement official in Mexico. "They have accountants looking at every dime," he added.

Made up of loosely knit confederations of clan-like families that snatched power from Colombian smugglers in the 1990s, Mexico's main drug gangs have developed franchises in major European and U.S. cities to reach consumers. They offer a range of products for different users, from cocaine to marijuana to crystal meth. Managers send back the profits to entities that play the role of holding companies in Mexico.

President Felipe Calderon has tried to crush the cartels with the army and more than 17,000 people have died in drug violence in Mexico since he took office in late 2006. But the crackdown appears to have done little to disrupt operations or curtail profits.

Conservative estimates put Mexico's total drug smuggling revenues at between $25 to $40 billion every year, more than the country's oil export earnings in 2009 and rivaling the annual revenues of U.S. companies like Nike and Coca-Cola.

It all starts with growers in the Andes, who sell coca paste to intermediaries such as Colombian guerrillas for between $500 and $800 a kilo, according to interviews with farmers and U.S. experts.

South American suppliers process the cocaine into a purer form and sell it on to Mexican cartels for up to $6,000 a kilo. Dealers working for the cartels in the United States and Europe break down their loads into individual grams sold between $80 to $100 each, generating between $80,000 and $100,000 a kilo, according to DEA data.

Some dealers water down the purity of each gram of cocaine and generate even greater profits, but they risk scaring away their customers over time, U.S. anti-drug officials say.

The costs for the cartels are not insignificant, starting with the need to pay a long chain of bribes. But the earnings are substantial. "It is like a commodities business with huge margins," said Jose Maria Ramos at the Tijuana-based research institute Colegio de la Frontera Norte near San Diego.

Demand, too, remains robust. "No single cartel can supply the U.S. market on its own," Ramos said.

CORPORATE ORG CHARTS

The ruthless Gulf cartel and its armed wing, known as the Zetas, together control drug trafficking across eastern Mexico and into Texas.

Mexican state security forces say the enterprise is as organized as it is well armed. It is split into three main divisions, one for international drug distribution and logistics, one for finance and money laundering and another, the Zetas, for security and enforcement.

Lines of command are often blurred and the Zetas, who also control Mexico's growing domestic drug market and bribes to police, politicians and judges, have become dominant in the organization in the last year, the army says.

Mexican anti-drug officials say they believe the cartel's administrative employees work out of various houses in Rio Bravo and the nearby cities of Reynosa, Nuevo Laredo and Monterrey, coordinating activities such as hit squad training, staff payments and communication networks.

"The Company's leaders are always on the move, but they have a base from which they go and talk to their managers, who in turn send the orders down the chain," said a source close to the Gulf gang who declined to be named.

Encouraged by the euro's strength against the dollar, the Gulf cartel has moved into Europe, where it has formed an alliance with Italy's 'Ndrangheta crime group, U.S. Drug Enforcement Administration officials say. A drug sweep in 2008 captured 500 Gulf cartel collaborators in Mexico, Italy and the United States, but it is unclear how much of a dent the raid put into the partnerships.

In Mexico, Calderon's military assault has disrupted some cartel operations by arresting a string of wanted traffickers, raiding safehouses and seizing weapons and cash.

But that progress is also double-edged, complicating government efforts to keep track of cartels as the gangs go to greater lengths to hide their operations.

"We used to know which businesses belonged to which capo, but now it is very difficult to say," said Lucinda Vargas, an economist and drug trade expert in Ciudad Juarez across from El Paso, Texas, where drug killings have made the city one of the world's most violent over the past two years.

HELP WANTED

Top jobs in Mexican cartels -- such as money laundering and setting up smuggling routes -- are mostly reserved for relatives or close friends of bosses, but the gangs are often in the market for professional killers.

In one audacious move, the Gulf cartel openly advertised for army troops to desert and join it in April 2008, stringing banners from bridges over main roads in two towns near the U.S. border offering jobs. "The Zetas want you, soldier or former soldier. We offer a good salary, food and family care," the ads read.

The Zetas group itself began as an army special forces team that deserted to the Gulf gang in the mid-1990s for more pay.

Further down the chain of command, men at street corners with walkie-talkies in Rio Bravo receive about $400 a month as "spotters" to alert the cartel to military convoys in the area.

"What you see in Rio Bravo, you see all along the border. Cartel members are untouchable in the town. They can run operations and travel out to see their units," the source close to the Gulf cartel said.

The dirty work is often sub-contracted to third parties such as corrupt police officers.

Just before Christmas, soldiers found a list of dozens of police in Monterrey who received up to $1,500 a month to work as Zetas' backups and hitmen and to tip off the gang about any state security operations.

Drug gang wages are attractive to poorly paid police or Mexico's many unemployed, but one slip on the job can mean a gruesome death. Traffickers almost daily kill members who lose drugs or money, leak intelligence to authorities, switch to other gangs or try to wrestle away their turf.

In October, suspected hitmen from the Arellano Felix cartel in Tijuana hung the naked body of a local government official from a bridge, having first cut off his penis and tongue. Police say the official was likely working for the Arellano Felix clan and probably leaked information to the Sinaloa cartel, a rival for access to the Californian drug market.

Cartels force policemen, government officials and even doctors to work for them as a nationwide fight for control of smuggling routes tears at the fabric of Mexican society.

"You can't say no to these people. You take what they are offering or they kill you," said a doctor working for the Arellano Felix cartel in Tijuana who treats senior hitmen wounded in gunfights.

BLOODY SPIN OFF

In this world, boardroom battles are dangerous. Cartels retaliate violently to any challenges to their leadership, the army says.

In 2007, five brothers known as the Beltran Leyva family spun off from the Sinaloa cartel. In the ensuing power struggle, Beltran Leyva gunmen killed the son of Mexico's most-wanted drug lord, Sinaloa leader Joaquin "Shorty" Guzman, in 2008. Some 40 men fired more than 500 rounds at Edgar Guzman as he parked outside a shopping center in the city of Culiacan.

More so than its main rival the Gulf cartel, the Sinaloa gang in northwestern Mexico is a loosely run federation of allies who often act independently of each other. The alliance is probably the most successful cartel in the country. With a personal fortune estimated to be at least $1 billion, Guzman made Forbes Magazine's list of the world's richest people last year.

He is believed to live in the "Golden Triangle" of remote mountains in Sinaloa, Durango and Chihuahua state. A Mexican former attorney general described him to Reuters as being akin to a "chairman of the board." He leaves day to day business matters to the likes of operations chiefs such as smuggler Ismael Zambada.

In the United States, high-level Sinaloa distributors and dealers are required to live modest lives with false documents to avoid being traced back to cartel leaders, U.S. anti-drug officials say. They rarely have contact beyond their immediate superiors in the organization.

"The people moving the drugs don't know Guzman, they don't know Zambada, the cells are isolated," said Doug Coleman, the assistant special agent in charge of the Drug Enforcement Administration's Phoenix, Arizona division.

Mexican cartel franchises and distribution networks in the United States are outsourced, often to U.S. gangs in major cities such as Atlanta and Chicago, or to Mexican illegal immigrants in rural areas who are seeking to boost income.

When it comes to collecting the profits and getting them back to Mexico in large wads of cash, however, cartel relatives and direct employees are on hand.

Gangs and distributors take the proceeds from drug sales to networks of cartel cash collectors in U.S. cities who in turn use corrupt currency exchange businesses to swap small bank notes into $100 bills.

Trusted with up to $20 million hidden in a single vehicle, traffickers use spotters at the border crossings into Mexico to alert them by text messages when they think it is safe to get through. U.S. customs only sporadically check vehicles heading south due to a lack of manpower, although the U.S. government has pledged to step up its south-bound inspections.

Once in Mexico, the smugglers head to safe houses where, watched over at gunpoint, groups of mostly women and girls count the money by hand. The cartels wash their dirty money through businesses that can produce bogus receipts such as hotels and apartment buildings. The profits are kept in bank accounts in Mexico and abroad in places such as Panama, drug trade analysts say.

Despite the global economic slowdown, business is booming.

"Sometimes the cash is coming in so fast we can hardly deal with it," said a trafficker handling drug profits in a car junk yard in Tijuana. "We have hours and hours and sometimes days and days just counting money," he added.

(Additional reporting by Jason Lange in Mexico City, Lizbeth Diaz in Tijuana and Tim Gaynor in Phoenix, Editing by Alistair Bell, Jim Impoco and Claudia Parsons)

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Wednesday, January 13, 2010

138 - Fly the Friendly Skies

If large quantities of narcotics are air-shipped to Africa and then onwards to Europe, what's stopping massive amounts of cash being sent the other way? Or worse? Why go through the hassle of money laundering millions when you can have your own courier business send it directly home?

Is the profession of money laundering becoming disintermediated by a bastardisation of simple air mail?

One shudders to think of the lasting political, economic and social damage spread about fragile African governments by international narcotics & arms logistics organisations. Venezuela's promise to spread a socialist revolution throughout the world appears to be somewhat at odds with its emerging status as an anarchaic cargo terminal.

Viva la revolucion, indeed.





Al Qaeda linked to rogue aviation network

TIMBUKTU, Mali (Reuters) - In early 2008, an official at the U.S. Department of Homeland Security sent a report to his superiors detailing what he called "the most significant development in the criminal exploitation of aircraft since 9/11."

The document warned that a growing fleet of rogue jet aircraft was regularly crisscrossing the Atlantic Ocean. On one end of the air route, it said, are cocaine-producing areas in the Andes controlled by the leftist Revolutionary Armed Forces of Colombia. On the other are some of West Africa's most unstable countries.

The report, a copy of which was obtained by Reuters, was ignored, and the problem has since escalated into what security officials in several countries describe as a global security threat.

The clandestine fleet has grown to include twin-engine turboprops, executive jets and retired Boeing 727s that are flying multi-ton loads of cocaine and possibly weapons to an area in Africa where factions of al Qaeda are believed to be facilitating the smuggling of drugs to Europe, the officials say.

Al Qaeda in the Islamic Maghreb (AQIM) has been held responsible for car and suicide bombings in Algeria and Mauritania.

Gunmen and bandits with links to AQIM have also stepped up kidnappings of Europeans for ransom, who are then passed on to AQIM factions seeking ransom payments.

The aircraft hopscotch across South American countries, picking up tons of cocaine and jet fuel, officials say. They then soar across the Atlantic to West Africa and the Sahel, where the drugs are funneled across the Sahara Desert and into Europe.

An examination of documents and interviews with officials in the United States and three West African nations suggest that at least 10 aircraft have been discovered using this air route since 2006. Officials warn that many of these aircraft were detected purely by chance. They caution that the real number involved in the networks is likely considerably higher.

Alexandre Schmidt, regional representative for West and Central Africa for the UN Office on Drugs and Crime, cautioned in Dakar this week that the aviation network has expanded in the past 12 months and now likely includes several Boeing 727 aircraft.

"When you have this high capacity for transporting drugs into West Africa, this means that you have the capacity to transport as well other goods, so it is definitely a threat to security anywhere in the world," said Schmidt.

The "other goods" officials are most worried about are weapons that militant organizations can smuggle on the jet aircraft. A Boeing 727 can handle up to 10 tons of cargo.

The U.S. official who wrote the report for the Department of Homeland Security said the al Qaeda connection was unclear at the time.

The official is a counter-narcotics aviation expert who asked to remain anonymous as he is not authorized to speak on the record. He said he was dismayed by the lack of attention to the matter since he wrote the report.

"You've got an established terrorist connection on this side of the Atlantic. Now on the Africa side you have the al Qaeda connection and it's extremely disturbing and a little bit mystifying that it's not one of the top priorities of the government," he said.

Since the September 11 attacks, the security system for passenger air traffic has been ratcheted up in the United States and throughout much of the rest of the world, with the latest measures imposed just weeks ago after a failed bomb attempt on a Detroit-bound plane on December 25.

"The bad guys have responded with their own aviation network that is out there everyday flying loads and moving contraband," said the official, "and the government seems to be oblivious to it."

The upshot, he said, is that militant organizations -- including groups like the FARC and al Qaeda -- have the "power to move people and material and contraband anywhere around the world with a couple of fuel stops."

The lucrative drug trade is already having a deleterious impact on West African nations. Local authorities told Reuters they are increasingly outgunned and unable to stop the smugglers.

And significantly, many experts say, the drug trafficking is bringing in huge revenues to groups that say they are part of al Qaeda. It's swelling not just their coffers but also their ranks, they say, as drug money is becoming an effective recruiting tool in some of the world's most desperately poor regions.

U.S. President Barack Obama has chided his intelligence officials for not pooling information "to connect those dots" to prevent threats from being realized. But these dots, scattered across two continents like flaring traces on a radar screen, remain largely unconnected and the fleets themselves are still flying.

THE AFRICAN CONNECTION

The deadly cocaine trade always follows the money, and its cash-flush traffickers seek out the routes that are the mostly lightly policed.

Beset by corruption and poverty, weak countries across West Africa have become staging platforms for transporting between 30 tons and 100 tons of cocaine each year that ends up in Europe, according to U.N. estimates.

Drug trafficking, though on a much smaller scale, has existed here and elsewhere on the continent since at least the late 1990s, according to local authorities and U.S. enforcement officials.

Earlier this decade, sea interdictions were stepped up. So smugglers developed an air fleet that is able to transport tons of cocaine from the Andes to African nations that include Mauritania, Mali, Sierra Leone and Guinea Bissau.What these countries have in common are numerous disused landing strips and makeshift runways -- most without radar or police presence. Guinea Bissau has no aviation radar at all. As fleets grew, so, too, did the drug trade.

The DEA says all aircraft seized in West Africa had departed Venezuela. That nation's location on the Caribbean and Atlantic seaboard of South America makes it an ideal takeoff place for drug flights bound for Africa, they say.

A number of aircraft have been retrofitted with additional fuel tanks to allow in-flight refueling -- a technique innovated by Mexico's drug smugglers. (Cartel pilots there have been known to stretch an aircraft's flight range by putting a water mattress filled with aviation fuel in the cabin, then stacking cargoes of marijuana bundles on top to act as an improvised fuel pump.)

Ploys used by the cartel aviators to mask the flights include fraudulent pilot certificates, false registration documents and altered tail numbers to steer clear of law enforcement lookout lists, investigators say. Some aircraft have also been found without air-worthiness certificates or log books. When smugglers are forced to abandon them, they torch them to destroy forensic and other evidence like serial numbers.

The evidence suggests that some Africa-bound cocaine jets also file a regional flight plan to avoid arousing suspicion from investigators. They then subsequently change them at the last minute, confident that their switch will go undetected.

One Gulfstream II jet, waiting with its engines running to take on 2.3 tons of cocaine at Margarita Island in Venezuela, requested a last-minute flight plan change to war-ravaged Sierra Leone in West Africa. It was nabbed moments later by Venezuelan troops, the report seen by Reuters showed.

Once airborne, the planes soar to altitudes used by commercial jets. They have little fear of interdiction as there is no long-range radar coverage over the Atlantic. Current detection efforts by U.S. authorities, using fixed radar and P3 aircraft, are limited to traditional Caribbean and north Atlantic air and marine transit corridors.

The aircraft land at airports, disused runways or improvised air strips in Africa. One bearing a false Red Cross emblem touched down without authorization onto an unlit strip at Lungi International Airport in Sierra Leone in 2008, according to a U.N. report.

Late last year a Boeing 727 landed on an improvised runway using the hard-packed sand of a Tuareg camel caravan route in Mali, where local officials said smugglers offloaded between 2 and 10 tons of cocaine before dousing the jet with fuel and burning it after it failed to take off again.

For years, traffickers in Mexico have bribed officials to allow them to land and offload cocaine flights at commercial airports. That's now happening in Africa as well. In July 2008, troops in coup-prone Guinea Bissau secured Bissau international airport to allow an unscheduled cocaine flight to land, according to Edmundo Mendes, a director with the Judicial Police.

"When we got there, the soldiers were protecting the aircraft," said Mendes, who tried to nab the Gulfstream II jet packed with an estimated $50 million in cocaine but was blocked by the military.

"The soldiers verbally threatened us," he said. The cocaine was never recovered. Just last week, Reuters photographed two aircraft at Osvaldo Vieira International Airport in Guinea Bissau -- one had been dispatched by traffickers from Senegal to try to repair the other, a Gulfstream II jet, after it developed mechanical problems. Police seized the second aircraft.

FLYING BLIND

One of the clearest indications of how much this aviation network has advanced was the discovery, on November 2, of the burned out fuselage of an aging Boeing 727. Local authorities found it resting on its side in rolling sands in Mali. In several ways, the use of such an aircraft marks a significant advance for smugglers.

Boeing jetliners, like the one discovered in Mali, can fly a cargo of several tons into remote areas. They also require a three-man crew -- a pilot, co pilot and flight engineer, primarily to manage the complex fuel system dating from an era before automation.

Hundreds of miles to the west, in the sultry, former Portuguese colony of Guinea Bissau, national Interpol director Calvario Ahukharie said several abandoned airfields, including strips used at one time by the Portuguese military, had recently been restored by "drug mafias" for illicit flights.

"In the past, the planes coming from Latin America usually landed at Bissau airport," Ahukharie said as a generator churned the feeble air-conditioning in his office during one of the city's frequent blackouts.

"But now they land at airports in southern and eastern Bissau where the judicial police have no presence."

Ahukharie said drug flights are landing at Cacine, in eastern Bissau, and Bubaque in the Bijagos Archipelago, a chain of more than 80 islands off the Atlantic coast. Interpol said it hears about the flights from locals, although they have been unable to seize aircraft, citing a lack of resources.

The drug trade, by both air and sea, has already had a devastating impact on Guinea Bissau. A dispute over trafficking has been linked to the assassination of the military chief of staff, General Batista Tagme Na Wai in 2009. Hours later, the country's president, Joao Bernardo Vieira, was hacked to death by machete in his home.

Asked how serious the issue of air trafficking remained for Guinea Bissau, Ahukharie was unambiguous: "The problem is grave."

The situation is potentially worse in the Sahel-Sahara, where cocaine is arriving by the ton. There it is fed into well-established overland trafficking routes across the Sahara where government influence is limited and where factions of al Qaeda in the Islamic Maghreb have become increasingly active.

The group, previously known as the Salafist Group for Preaching and Combat, is raising millions of dollars from the kidnap of Europeans.

Analysts say militants strike deals of convenience with Tuareg rebels and smugglers of arms, cigarettes and drugs. According to a growing pattern of evidence, the group may now be deriving hefty revenues from facilitating the smuggling of FARC-made cocaine to the shores of Europe.

UNHOLY ALLIANCE

In December, Antonio Maria Costa, the executive director of the UN Office on Drugs and Crime, told a special session of the UN Security Council that drugs were being traded by "terrorists and anti-government forces" to fund their operations from the Andes, to Asia and the African Sahel.

"In the past, trade across the Sahara was by caravans," he said. "Today it is larger in size, faster at delivery and more high-tech, as evidenced by the debris of a Boeing 727 found on November 2nd in the Gao region of Mali -- an area affected by insurgency and terrorism."

Just days later, U.S. Drug Enforcement Administration officials arrested three West African men following a sting operation in Ghana. The men, all from Mali, were extradited to New York on December 16 on drug trafficking and terrorism charges.

Oumar Issa, Harouna Toure, and Idriss Abelrahman are accused of plotting to transport cocaine across Africa with the intent to support al Qaeda, its local affiliate AQIM and the FARC. The charges provided evidence of what the DEA's top official in Colombia described to a Reuters reporter as "an unholy alliance between South American narco-terrorists and Islamic extremists."

Some experts are skeptical, however, that the men are any more than criminals. They questioned whether the drug dealers oversold their al Qaeda connections to get their hands on the cocaine.

In its criminal complaint, the DEA said Toure had led an armed group affiliated to al Qaeda that could move the cocaine from Ghana through North Africa to Spain for a fee of $2,000 per kilo for transportation and protection.

Toure discussed two different overland routes with an undercover informant. One was through Algeria and Morocco; the other via Algeria to Libya. He told the informer that the group had worked with al Qaeda to transport between one and two tons of hashish to Tunisia, as well as smuggle Pakistani, Indian and Bangladeshi migrants into Spain.

In any event, AQIM has been gaining in notoriety. Security analysts warn that cash stemming from the trans-Saharan coke trade could transform the organization -- a small, agile group whose southern-Sahel wing is estimated to number between 100 and 200 men -- into a more potent threat in the region that stretches from Mauritania to Niger. It is an area with huge foreign investments in oil, mining and a possible trans-Sahara gas pipeline.

"These groups are going to have a lot more money than they've had before, and I think you are going to see them with much more sophisticated weapons," said Douglas Farah, a senior fellow at the International Assessment Strategy Center, a Washington based security think-tank.

NARCOTIC INDUSTRIAL DEPOT

The Timbuktu region covers more than a third of northern Mali, where the parched, scrubby Sahel shades into the endless, rolling dunes of the Sahara Desert. It is an area several times the size of Switzerland, much of it beyond state control.

Moulaye Haidara, the customs official, said the sharp influx of cocaine by air has transformed the area into an "industrial depot" for cocaine.

Sitting in a cool, dark, mud-brick office building in the city where nomadic Tuareg mingle with Arabs and African Songhay, Fulani and Mande peoples, Haidara expresses alarm at the challenge local law enforcement faces.

Using profits from the trade, the smugglers have already bought "automatic weapons, and they are very determined," Haidara said. He added that they "call themselves Al Qaeda," though he believes the group had nothing to do with religion, but used it as "an ideological base."

Local authorities say four-wheel-drive Toyota SUVs outfitted with GPS navigation equipment and satellite telephones are standard issue for smugglers. Residents say traffickers deflate the tires to gain better traction on the loose Saharan sands, and can travel at speeds of up to 70 miles-per-hour in convoys along routes to North Africa.

Timbuktu governor, Colonel Mamadou Mangara, said he believes traffickers have air-conditioned tents that enable them to operate in areas of the Sahara where summer temperatures are so fierce that they "scorch your shoes." He added that the army lacked such equipment. A growing number of people in the impoverished region, where transport by donkey cart and camel are still common, are being drawn to the trade. They can earn 4 to 5 million CFA Francs (roughly $9-11,000) on just one coke run.

"Smuggling can be attractive to people here who can make only $100 or $200 a month," said Mohamed Ag Hamalek, a Tuareg tourist guide in Timbuktu, whose family until recently earned their keep hauling rock salt by camel train, using the stars to navigate the Sahara.

Haidara described northern Mali as a no-go area for the customs service. "There is now a red line across northern Mali, nobody can go there," he said, sketching a map of the country on a scrap of paper with a ballpoint pen. "If you go there with feeble means ... you don't come back."

TWO-WAY TRADE

Speaking in Dakar this week, Schmidt, the U.N. official, said that growing clandestine air traffic required urgent action on the part of the international community.

"This should be the highest concern for governments ... For West African countries, for West European countries, for Russia and the U.S., this should be very high on the agenda," he said.

Stopping the trade, as the traffickers are undoubtedly aware, is a huge challenge -- diplomatically, structurally and economically.

Venezuela, the takeoff or refueling point for aircraft making the trip, has a confrontational relationship with Colombia, where President Alvaro Uribe has focused on crushing the FARC's 45-year-old insurgency. The nation's leftist leader, Hugo Chavez, won't allow in the DEA to work in the country.

In a measure of his hostility to Washington, he scrambled two F16 fighter jets last week to intercept an American P3 aircraft -- a plane used to seek out and track drug traffickers -- which he said had twice violated Venezuelan airspace. He says the United States and Colombia are using anti-drug operations as a cover for a planned invasion of his oil-rich country. Washington and Bogota dismiss the allegation.

In terms of curbing trafficking, the DEA has by far the largest overseas presence of any U.S. federal law enforcement, with 83 offices in 62 countries. But it is spread thin in Africa where it has just four offices -- in Nigeria, Ghana, Egypt and South Africa -- though there are plans to open a fifth office in Kenya.

Law enforcement agencies from Europe as well as Interpol are also at work to curb the trade. But locally, officials are quick to point out that Africa is losing the war on drugs.

The most glaring problem, as Mali's example shows, is a lack of resources. The only arrests made in connection with the Boeing came days after it was found in the desert -- and those incarcerated turned out to be desert nomads cannibalizing the plane's aluminum skin, probably to make cooking pots. They were soon released.

Police in Guinea Bissau, meanwhile, told Reuters they have few guns, no money for gas for vehicles given by donor governments and no high security prison to hold criminals.

Corruption is also a problem. The army has freed several traffickers charged or detained by authorities seeking to tackle the problem, police and rights groups said.

Serious questions remain about why Malian authorities took so long to report the Boeing's discovery to the international law enforcement community.

What is particularly worrying to U.S. interests is that the networks of aircraft are not just flying one way -- hauling coke to Africa from Latin America -- but are also flying back to the Americas.

The internal Department of Homeland Security memorandum reviewed by Reuters cited one instance in which an aircraft from Africa landed in Mexico with passengers and unexamined cargo.

The Gulfstream II jet arrived in Cancun, by way of Margarita Island, Venezuela, en route from Africa. The aircraft, which was on an aviation watch list, carried just two passengers. One was a U.S. national with no luggage, the other a citizen of the Republic of Congo with a diplomatic passport and a briefcase, which was not searched.

"The obvious huge concern is that you have a transportation system that is capable of transporting tons of cocaine from west to east," said the aviation specialist who wrote the Homeland Security report.

"But it's reckless to assume that nothing is coming back, and when there's terrorist organizations on either side of this pipeline, it should be a high priority to find out what is coming back on those airplanes."

(Additional reporting by Tiemoko Diallo in Mali, Alberto Dabo in Guinea Bissau and Hugh Bronstein in Colombia, editing by Jim Impoco and Claudia Parsons)

Tuesday, January 12, 2010

137 - Trading Fog

Carbon trading is a new global market receiving much attention. It is now becoming the focus of criminal enterprises that abuse the tax structure between countries and the mediocre regulations imposed upon the marketplace in many jurisdictions.

When regulators crack down and trading volumes decline by a quarter, there is plenty of annecdotal evidence to suggest that buccaneers are sailing the seas of carbon trading.



'Carousel' frauds plague European carbon trading markets

Why are mysterious UK businesses registering to trade carbon in Europe?

By Rowena Mason, City Reporter, Published: 6:07PM GMT 30 Dec 2009

It is a building site, formerly a derelict car park, in a deprived part of West London, where the neon glow of curry houses and late-night grocery stores could not be further from the wealth and glamour of London's financial markets.

Described as a "consulting" business, this is the address of a UK company that has signed up to trade carbon permits under the European Emissions Trading Scheme in Copenhagen. But there is no trace of its existence on the Companies House database.

At the newsagent next door, nobody has ever even heard of emissions trading – the system where companies buy andsell the right to emit carbon dioxide – and there has not been a building there for many years.

It is not the only oddity to emerge from the Danish Carbon Registry. All the expected big players are on the list – utilities, oil and heavy industry – the only sectors obliged by law to own permits to cover emissions.

Quite a few investment banks are also signed up, on behalf of industry or trading to make a profit.

But outnumbering these familiar names, hundreds of UK companies selling anything from hair loss treatments to electronics have mysteriously registered to buy and sell carbon permits in the Scandinavian nation – mostly in the last 18 months.

Many give addresses in the regions such as Yorkshire, Lancashire, Essex and other places not known for their links to the world of finance.

The appearance of these obscure British companies – among them businesses with unreachable addresses and Hotmail, Gmail or Yahoo email accounts for company representatives – has recently come to the attention of the Danish authorities.

While many are bound to be genuine individual private traders playing the carbon markets, investigators are examining the possibility that some of these unknown UK-based companies have used the system to commit "carousel" fraud linked to VAT.

As the Copenhagen summit on global warming (http://www.telegraph.co.uk/earth/copenhagen-climate-change-confe/) began this month, Denmark, the host nation, was bringing in an emergency ban to halt VAT on carbon. This followed similar suspensions in Britain, France, Spain and Holland.

According to sources, the Danish registry may be at the heart of Europe's problems with carbon trading fraud. Local media has repeatedly raised the fact that few, if any, checks are done on new traders and approval can be much quicker than in other countries.

Criminals profit by importing goods VAT-free, selling them through a series of companies, each liable to VAT, before exporting them again. Then, the first link in the chain often goes missing without accounting for the VAT and the final link reclaims the VAT it has paid from the state before disappearing.

It might sound like the tinpot scheme of local small-time crooks, but fleecing the tax man can bring in big money.

Just a few weeks ago, Europol, the cross-border police force, said that carbon trading fraudsters may have accounted for up to 90pc of all market activity in some European countries, with criminals mainly from Britain, France, Spain, Denmark and Holland pocketing an estimated €5bn (£4.5bn).

"It is estimated that in some countries, up to 90pc of the whole market volume was caused by fraudulent activities," Europol said.

Figures from New Energy Finance show the value of the global market falling from $38bn (£23bn) in the second quarter to $30bn in the three months to the end of September after several countries cracked down.

The London platform, the European Climate Exchange, where banks and energy companies tend to trade, is not affected by the fraud because it does not offer the spot contracts on which VAT was payable. But British traders can still defraud authorities by buying and selling permits on other European exchanges.

This organised criminal activity has even "endangered the credibility" of the current carbon trading system, according to Rob Wainwright, the director of Europol.

So why have fraudsters particularly targeted carbon trading? And what is being done to iron out problems in Europe before other areas – such as the US – start to trade carbon in the next few years?

Carousel fraud has been a known scam for years among mobile commodities, such as phones, computer chips and cigarettes.

But the attraction of carbon permits is their intangible nature, so there is no need physically to ship goods across borders.

All is done at the click of a mouse.

It now looks like Europe will start a so-called "reverse charge" mechanism, which would remove the need for VAT to change hands between carbon traders every time permits are sold.

But will this remove all problems from the system? It should certainly eradicate VAT fraud, but the very nature of carbon credits makes them "an incredibly lucrative target for criminals", Rafael Rondelez, who was involved with the Europol investigation, has warned.

His message is clear: other types of carbon fraud could soon spring up because there are "no strong regulations or checking principles as there is in banking to prevent such activities as money laundering."

Monday, January 11, 2010

136 - Fraud in the UK is Up? How Odd!

Fraud in the United Kingdom has risen dramatically since the bubble burst in global credit, property, share and all other markets. The numbers are staggering.





FRAUD BREAKS THE 2 BILLION POUND BARRIER

Set to treble over next three years

Reported fraud in the UK exploded in 2009 and broke the £2billion barrier for the first time according to new research from accountants and business advisers BDO LLP. The amount lost by businesses and the public sector to larger frauds increased last year by a startling 76 per cent during the recession, with both the number and size of frauds increasing dramatically.

BDO LLP (one of the UK’s largest teams of specialist fraud investigators) predicts that, unfortunately, this 76 per cent rise is just a precursor of things to come, and warns that annual reported corporate fraud could be as high as £5billion in a couple of years, as more fraud is discovered – both through management being focussed by the recession on questioning costs, and because tighter cashflow and credit makes fraud harder to hide.

Simon P. Bevan, Head of Fraud at BDO LLP, commented: “2009 saw the steepest increase since our report began seven years ago, with the average value of each fraud now over £5million compared to £1.8million in 2003.

“Based on my experience of the two previous recessions, I expect that reported fraud will treble over the next two years. There has always been a lag effect, with reported fraud continuing to rise for at least a couple of years after businesses start to come out of the recession.

“A large part of this will be a tidal wave of fraudulent borrowing that has only just started to appear, particularly through use of over-valued properties as security for loans, while the property market was booming. Currently many of these frauds are yet to be recognised by the banks, which still have them classified as non-performing loans.

“It is only when specialist recovery departments start thorough investigations and eventually litigating against alleged dishonest borrowers and their complicit advisors that the true nature of these potentially horrendous fraud losses will come to light. It will take many years for the excesses of the past years to work through the system.”

Advice for business owners – Question the good as well as the bad


Bevan explains: “Fraud has always been a risk to businesses, but during the good times often management fails to question good news. We see it time and time again, with businesses being cavalier with regard to risk in boom times, but wondering where it all went wrong when the rug is pulled from under their feet by a recession.

“For instance, in several cases we have investigated this year, we have seen seemingly profitable enterprises falling flat when questions are asked about a particular deal or contract. Sadly, the best salesman may turn out to have been the best fraudster - in collusion with the best customer - to bill fictitious sales which are reversed after the accounting year end.

“I often find that management’s most powerful defense is continuing to ask the question 'why?'. Managers and business owners need to keep asking why something is happening, especially when it sounds like good news, and they will sadly often unearth a much more unpleasant truth.”

‘WHY’ questions for businesses

Below is Simon P. Bevan’s ‘Top Ten’ of the most pertinent questions for businesses when it comes to identifying fraud:

1. Why are we spending so much on marketing?
2. Why is our gross margin decreasing?
3. Why is the property we took as security worth only 50% of what we thought?
4. Why is our bonus structure linked to revenue not profit?
5. Why are we making so much profit – are we being hoodwinked by management at a remote location?
6. Why didn’t I see this sooner?
7. Why didn’t I check the Financial Director’s CV in more detail?
8. Why didn’t I have better controls?
9. Why did I put so much trust in someone who I knew nothing about?
10. Why do certain potential suppliers not reply to our requests for tender?

Other findings of the research (which looks at reported frauds costing £50,000 or more) include:

  • While many managers are running their businesses well and legally, there are others that are looking after ‘number one’ and are likely to be ‘cooking the books’. BDO’s FraudTrack has identified that the cost of management fraud has shown a whopping 48 per cent increase to £503million in 2009, from the previous year.
  • Our findings show that fraud by mid-level managers is frequently not for direct personal gain, but just to keep their jobs and income stream. However, the consequences of this can be dire, with Boards making investment and divestment decisions based on false data. Ultimately the lost money needs to come from somewhere.
  • Greed continues to overwhelmingly be the number one motive for fraud in the UK, accounting for over 80 per cent of frauds in 2009. Fraudsters will go out of their way to embed themselves in a business for personal gain, and they also make sure that they won't stand out from the crowd. From investigating hundreds of frauds in recent years, BDO finds that, sadly, it is often the most trusted people in an organisation that might defraud that business.

Industry sectors

  • According to FraudTrack financial sector continues to head from bad to worse, with a massive 70 per cent increase on last year’s figures to £1.340billion. Fraud against the finance sector now accounts for 64 per cent of all reported fraud (by value). It is our experience that well over 90 per cent of larger frauds do not get reported to authorities (civil actions are more common, but even with these there is usually a settlement before the case concludes).
  • It may have become more difficult for the person on the street to secure a mortgage in the UK, but the mortgage fraud industry is booming! Mortgage fraud alone is 18 per cent of all reported fraud this year (and accounts for 27 per cent of all fraud in the finance and insurance sector). These frauds typically work through a large loan being taken out on an overvalued property, with a crooked buyer in collusion with a corrupt valuer and/or lawyer. When these frauds hit here, they hit large, since the same team will work on many properties in succession.
  • Frauds involving the ‘misuse of assets’ (typically other people’s investments, property and savings) has increased 325 per cent from £58million to £250million. Whilst the vast majority of people who handle other people’s assets are honest, there are people out there who cannot resist using them for their own gains. Bevan warns: “People should be on their guard against fraudsters, especially in positions of trust, and the old maxim is true: if it looks too good to be true then it often is.”
  • We have seen fraud boom in the retail sector with fraud increasing by 730 per cent to £123million. Retailers are being hit hard but fraudsters remain undeterred and continue to target them. Bevan states: “Fraud and insolvency often go hand in hand. If you need a margin of 17 per cent to survive but are losing 3 per cent due to collusion between your buyers and your suppliers then it is hard to recover from that position.”
  • There has been a particular increase in the hotel and catering sector – something which we have not seen before. Fake villas, fake organic food and someone trying to sell a world renowned hotel (even though the fraudster didn’t own it!) are all coming out of the woodwork. It’s interesting to see how fraudsters will turn their hands to anything.

Fraud, by region

  • The trend continues to be for larger frauds to predominate in London and the south east, which experienced a rise in fraud of 117 per cent, from £745million to £1,619million – accounting for 77% of all reported fraud in the UK last year (up from 63% last year).
  • Other areas of the country are much smaller by comparison (see chart on page 5). Another region worth mentioning though, is the north east with a 111 per cent increase (to £280million), although that was a result of one particularly large case.
- ends -

About BDO LLP

Simon P Bevan is BDO‘s head of the BDO’s Fraud Services Team. He has over twenty years’ experience of investigating fraud both in the UK and other international locations.

FraudTrack is prepared by BDO and is based on all reported fraud cases of over £50,000 from 01 December 2008 to 30 November 2009. The sources for the database are publicly available and include the UK’s national, regional and local press.

BDO LLP operates across the UK with some 3,000 partners and staff. BDO LLP is a UK limited liability partnership and a UK Member Firm of BDO International. BDO - Belfast, a separate partnership, operates under a licence agreement. BDO International is a world-wide network of public accounting firms, called BDO Member Firms. Each BDO Member Firm is an independent legal entity world-wide and no BDO Member Firm is responsible for the acts and omissions of another member. The network is coordinated by BDO Global Coordination B.V., incorporated in the Netherlands with its statutory seat in Eindhoven (trade register registration number 33205251) and with an office at Boulevard de la Woluwe 60, 1200 Brussels, Belgium, where the International Executive Office is located.

The combined fee income of all the BDO Member Firms was $5.14 billion in 2008. The global network has 1,095 offices in 110 countries and more than 44,000 partners and staff provide business advisory services throughout the world.

BDO LLP and BDO - Belfast are both separately authorised and regulated by the Financial Services Authority to conduct investment business.

BDO is the brand name for the BDO International network and for each of the BDO Member Firms.

Contacts: Tim Prizeman or Will Richardson at Kelso Consulting (PR advisers)

Or

Charlotte Freeman, BDO LLP Press Office, Tel: 020 7242 2273

Email: willr@kelsopr.com
(weekend 01923 896763)
Tel: 020 7486 5888
Mobile: 07854 115 154
Email: charlotte.freeman@bdo.co.uk

135 - Musical Ponzi

Mr. Wady is accused of running a Ponzi scheme in the concert promotions business. If Mr. Wady's group of "investors" includes various notables from the music industry, he may find himself pursued by a combination of heavy metal, hip-hop and punk groups after his head. Given the antics of the average Top 40 bands, Mr. Wady's safest refuge might indeed be the segregation wing of the local penitentiary.




Office of the United States Attorney, District of Arizona

FOR IMMEDIATE RELEASE Public Affairs

Thursday, January 7, 2010 SANDY RAYNOR

Telephone: (602) 514-7625

Cell: (602) 525-2681


CHANDLER MAN ARRESTED IN MULTI-MILLION DOLLAR ENTERTAINMENT PONZI SCHEME


PHOENIX - A 37-count indictment has been unsealed charging Miko Dion Wady, 34, of Chandler, Ariz., with Wire Fraud and Transactional Money Laundering. Wady was arrested without incident yesterday by federal and local law enforcement officials in Tempe, Ariz. He will make his initial appearance before U.S. Magistrate Judge David K. Duncan at 3:00 p.m. today in federal district court in Phoenix.


According to the indictment, Wady operated and had an ownership interest in various business enterprises that purportedly were engaged in the business of promoting concerts or tours of well known entertainers and artists. The enterprises included Dezert Heat Entertainment, Inc.; Dezert Heat, Inc.; Dezert Heat Worldwide, LLC; NATO Enterprises, LLC; and NATO Entertainment, LLC.


The indictment alleges that Wady and others misled victim investors into believing that Wady entered into performance contracts and other business arrangements with nationally and internationally known entertainers, arranged performance venues throughout the world, and greatly profited by putting on these concert or tour events. The indictment alleges that from 2004 through 2007, Wady claimed to have promoted concerts for The Rolling Stones, U2, Barbara Streisand, Faith Hill, Tim McGraw, Mariah Carey, George Strait, Billy Joel, Jamie Foxx, Jimmy Buffet, Mary J. Blige, Pearl Jam, and at least 30 other well known artists and entertainers. Also according to the indictment, during this period, Wady appears to have actually promoted fewer than 10 concerts, all involving only local or lesser known artists.


According to the indictment, Wady utilized TransCapital, LLC, located in Mesa, Ariz., which was operated by James Cundiff and his two sons, Adam and Jeremiah Cundiff. TransCapital was allegedly established solely to secure “investment” financing for the concerts and tours purportedly being promoted by Wady. The indictment states Wady later used Dezert Heat Worldwide, another joint venture with the Cundiffs, for the same purposes.


The indictment purports that from August 2004 through March 2007, the Cundiffs, through TransCapital or Worldwide, entered into loan and event funding agreements with more than 250 victim investors, and obtained no less than $50 million dollars to finance approximately 150 concerts or concert tours purportedly being promoted by Wady. Allegedly victim investors were typically promised interest rates of four per cent per month for a maximum of six months or 24 per cent for one promoted

event.


The indictment alleges that Wady had no association or contractual arrangement with any of the significant concerts or tours, and the investor funds given to Wady from the Cundiffs were never actually used as represented to the victim investors. Most of the funds were instead allegedly returned by Wady to the Cundiffs within a short period of time, typically one or two days, under the guise that these repayments represented the net proceeds from some other concert or tour that was recently

completed. It is alleged in the indictment that because no actual investments were used for the represented concerts or tours, new victim investor monies were simply used to repay old victim investors, in what is commonly termed a Ponzi scheme.


The indictment indicates when the Ponzi scheme was discovered and collapsed in 2007, approximately 140 victim investors still had not been repaid their outstanding “investment” loans of approximately $25 million dollars.


It is alleged that between 2004 through March 2007, Wady used no less than $3 million dollars of victim investor funds to pay for a lavish personal lifestyle. During this period, Wady allegedly purchased for himself and others, at least 30 vehicles, including a Lamborghini, a Ferrari and a Bentley. Wady allegedly also purchased a $175,000 luxury 41 foot boat and $800,000 in real estate. All of these purchases were purported to be paid from funds he obtained from victim investors.


A conviction for Wire Fraud carries a maximum penalty of 20 years in federal prison, a $250,000 fine or both. A conviction for Transactional Money Laundering carries a maximum penalty of 10 years in prison, a $250,000 fine or both. An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.


The investigation preceding the indictment was conducted by the Federal Bureau of Investigation, the U.S. Postal Inspection Service and the Criminal Investigation Division of the Internal Revenue Service, with assistance from the Maricopa County Sheriff’s Office and the Mesa Police Department. The prosecution is being handled by Peter Sexton and Frederick A. Battista, Assistant U.S. Attorneys, District of Arizona, Phoenix.

CASE NUMBER: CR-09-1485-PHX-JAT

RELEASE NUMBER: 2010-002(Wady)

Sunday, January 10, 2010

134 - Getting Back to Common Sense

Now that the recent rash of financial frauds, Ponzi schemes and other criminal activities seems to have somewhat subsided after the Great Recession of 2008-10, some lawmakers are making a name for themselves in plugging regulatory gaps that should never have existed. The very notion that unregulated offshore financial services companies in Florida could have operated without government scrutiny should be enough to clip the price of any financial security issued by the State of Florida.




Stanford case may toughen Florida's banking laws

Eleven years after Florida regulators gave billionaire Allen Stanford unprecedented approval to open a rogue financial center in Miami, lawmakers are pushing to ensure it never happens again.

After months of criticism, legislators are pressing for tough provisions to force regulators to investigate financial companies like Stanford's that sold millions in sham investments from a posh downtown high rise.

The gaps in enforcement helped Stanford carry out what prosecutors are calling a $7 billion Ponzi scheme that fleeced thousands of investors.

``We need to fill this void and give it the best fix to protect the public,'' said Thomas Cardwell, recently appointed commissioner of the Office of Financial Regulation. ``It's very high on my agenda.''

The legislation would force state agents to monitor all offshore finance firms in Florida -- including foreign trust offices -- for fraud, money laundering and the destruction of key records.

The proposal comes after a Miami Herald investigation revealed sweeping breakdowns in state oversight of Stanford's Miami's office that allowed the banker to run a special trust office -- the only one of its kind -- without government monitoring.

Over the objections of the state's chief banking lawyer, Florida permitted the banker to operate without any fraud checks or money laundering requirements, in violation of state and federal law, the newspaper found.

In the ensuing years, Stanford's employees sold millions in unregistered securities from the office, secretly diverting the money to pay for personal luxuries -- including mansions, yachts and a fleet of private jets, court records state. The 59-year-old banker is now awaiting trial on charges of defrauding more than 21,500 people worldwide.

Office employees were stuffing checks from customers into pouches and sending the bags on jets to his bank headquarters in Antigua, shredding the records left behind, the newspaper found.

Though state regulators were alerted to the practices during office visits in 2001 and 2005, they never took action.

The new legislation, co-sponsored by Republicans Sen. Garrett Richter and Rep. Tom Grady, would stop regulators from letting companies like Stanford's operate outside state and federal jurisdiction.

``People place their trust in these institutions,'' said Richter, a longtime executive banker and chairman of the Senate Committee on Banking and Insurance. ``I think this is common sense regulation.''

The proposal would ban companies like Stanford's -- known as foreign trust representative offices -- from operating without being licensed and routinely inspected by state agents. In addition, it would require the offices submit to outside audits.

When Florida allowed Stanford to open his center on the 21st floor of the Miami Center -- adorned with marble tables, ornate artwork and mahogany walls -- it never required him to report anything to state or federal regulators.

In the first six years, the luxury offices attracted thousands of Latin American investors -- drawn to the safety of a U.S. company -- who bought more than $600 million in sham certificates of deposit, records show.

MONEY TO EXPAND

In the end, the office generated enough money to help Stanford's empire expand throughout the country, said Jonathan Winer, a former deputy assistant Secretary of State who investigated Stanford's Antiguan bank for money laundering. ``Stanford really had no real presence in this country before that.''

Margie Morinaga, whose family lost more than $400,000 in the scam, said she brought her father to Stanford's trust company because she thought the downtown Miami office was safely regulated.

She and her father, a retired jeweler, 86, who now lives in Lima, were swept in by the company's advertisements, the firm's expensive decor and its prime location in downtown Miami.

``Fancy office, beautiful desks, wood floors, you could see the bay,'' she said. ``Everything was first class.''

But while Florida officials gave the office their approval, law enforcement agents investigating money laundering in the Caribbean were stunned by the state's decision, The Miami Herald found.

``I just couldn't understand why the authorities in Florida had allowed him to operate the way he appeared to be operating. There's something really wrong with that,'' said Rodney Gallagher, a former member of the British High Commission in Barbados. ``I thought what he was doing was completely illegal.''

While state officials said they had no choice but to allow the office to open because no laws barred foreign trust representative offices, experts say the state not only violated its own laws, it created a financial disaster.

Beyond letting Stanford move vast amounts of money offshore in violation of anti-money laundering laws, state regulators agreed to waive any rights to examine Stanford's financial records.

In fact, the decision to open the office raised serious questions among state agents, e-mails and internal records show.

Richard Donelan, the state's chief banking counsel, tried at least four times to change the agreement that gave Stanford the freedom to send millions of dollars to Antigua in total secrecy.

In one draft, he questioned why the state wasn't requiring Stanford to get licensed for sending money -- which would have brought his office under government regulation. But nothing was done.

`RIGHT DIRECTION'

Charlie Stutts, former general counsel for the Florida Comptroller's Office, said the new legislation was ``a step in the right direction.'' He said the state's deal with Stanford was riddled with problems.

``It's unbelievable that they were able to pull it off,'' said Stutts, a Tampa attorney who helped write Florida's banking law. Even after the office opened, regulators could have taken action, Stutts said. Beyond finding employees shredding records, examiners discovered more than a dozen stockbrokers selling CDs.

``That should have been a red flag -- that's a tip-off,'' Stutts said. ``CDs are securities. They had a right to go in there and do an audit.''

Though the legislation may help future investors avoid getting scammed, Morinaga said it won't help her father recover the money he lost from his retirement fund.

``It's too late for us,'' she said. ``This should never have happened in the first place.''




© 2010 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com

Friday, January 1, 2010

133 - Legal Laundering

In general, lawyers are a clever bunch. It is alleged that Mr. Weinroth used his legal position to launder funds through under-invoicing. Given his prominence in the Israeli legal community and his career in white-collar crime work, the amounts of money involved in the charges must pale in comparison to Mr. Weinroth's annual income. So why go to so much trouble - and potential consequences - for so little?



Top attorney charged with bribery and money-laundering

Jan. 1, 2010
Dan Izenberg , THE JERUSALEM POST

The legal world was shocked on Thursday when the state charged attorney Yaakov Weinroth, one of the country's leading lawyers and a specialist in white-collar crimes, with bribery and money-laundering.

Weinroth is accused of providing legal services without charge or for an unusually low fee on behalf of an assessor in the Gush Dan branch of the Tax Authority.

At the same time the assessor, Yehoshua Vita, who is also included in the indictment, handled various applications by Weinroth regarding his own finances and those of clients, including Uzbekistan-born Israeli entrepreneur and industrialist Michael Cherney and Russian-Israeli Arkadi Gaydamak, who paid Weinroth more than NIS 30 million in legal fees for his tax work on their behalf.

Vita was also charged with fraud and breach of faith, while Weinroth was also indicted for allegedly violating the money-laundering law. He was accused of concealing the fact that an account-in-trust that he opened in his own name was actually meant for Gaydamak.

Weinroth allegedly hid that fact out of concern that the police might seize the funds in the account if they knew they belonged to Gaydamak, in the context of their criminal investigation against him.

Over the years, Weinroth has represented Binyamin Netanyahu, Avigdor Lieberman, the jailed former finance minister Avraham Hirchson and numerous other high-profile Israeli figures.

Weinroth's lawyer, Navot Tel-Tzur, denied the charges, saying, "The state prosecution had set a new record in filing baseless indictments lacking any foundation."

He also said he protested "the prosecution's concept of creating legal precedents by piling all kinds of vague crimes on the backs of defendants."

According to the charge sheet, Vita originally asked Weinroth to represent him in a criminal case in 1997. At the time, the attorney refused. Later Weinroth and his brothers submitted applications to Vita, in his capacity as an assessment officer in the Tax Authority, to assess their taxes.

This time, when Vita asked Weinroth to represent him, Weinroth agreed. He sent a letter to the president, requesting a pardon for Vita, and did not charge him for the legal work.

This, according to the indictment, was one of three "gifts" that Weinroth gave Vita.

Later Weinroth presented additional tax files to be assessed by Vita in his professional capacity. Then, on January 7, 2003, Vita asked Weinroth to appeal to the state attorney so that, despite his criminal record, he would be eligible for promotion to the post of deputy income tax commissioner. Weinroth took on the assignment personally and again did not charge Vita. This was Weinroth's second "gift."

Later that year, Gaydamak also became Weinroth's client. Meanwhile, the state attorney informed Weinroth that he opposed Vita's promotion.

According to the indictment, knowing that Vita would need his services again, he submitted Gaydamak's file to him and asked for an assessment.

At the same time, at Vita's request, Weinroth prepared the draft of a letter to be sent to the attorney-general to appeal the state attorney's decision. This time, Weinroth charged Vita NIS 2,000, but Vita did not pay the fee.

Meanwhile, Gaydamak paid Weinroth NIS 16m. for his work in obtaining the tax assessment from Vita. Previously Cherney had paid Weinroth NIS 14m. for his services.

After the Gaydamak file was completed, Weinroth charged Vita NIS 20,000 for all the work he had done for him, to be paid in 20 installments of NIS 1,000 each.

In an interview with Israel Radio, Tel-Tzur said that the fee Weinroth demanded from Vita was appropriate.

"Weinroth is known as a lawyer who takes on cases pro bono, charity cases," he said.

When the interviewer challenged him, saying that Vita was a senior civil servant, not a charity case, and one whom Weinstein must have known he might have dealings with regarding his tax files, Tel-Tzur replied, "That's correct, and that is why Weinroth took a fee that was appropriate from a salaried civil servant. It is a lawyer's privilege to ask for a fee in consideration of his client's means as well as the type and extent of the work involved."

According to Tel-Tzur, a lawyer does not charge thousands of shekels for writing "one-and-a-half letters and attending one meeting."