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Treacherous Money Laundering Procedure: A General Overview

Haala Humayun

Summary

  • Money laundering consists of placement, layering, and integration.
  • While offshore company businesses are usually lawful, some shell businesses are operated for illicit activities such as fraud, tax evasion, and violation of international sanctions.
  • The Panama Papers demonstrate the widespread use of offshore accounts and the billions of cash that remain concealed from governments each year.
Treacherous Money Laundering Procedure: A General Overview
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When it comes to the most “treacherous” white-collar crimes, money laundering is at the top of the list!

Money laundering has not been the most prevalent crime in the world, but it's close. As stated by historian Sterling Seagrave, rich Chinese merchants laundered their money more than 2000 years ago mainly because provincial governments prohibited many types of commercial commerce. He asserts that the government views merchant businesses with considerable distrust since they are vile and selfish, and they follow separate norms. Aside from that, a significant portion of merchants' income stemmed from black marketing, extortion, and bribes. The merchants who stayed inconspicuous were able to protect their money from the constant extortions of officials. As a consequence, they adopted strategies such as changing money into easily moveable assets and transferring funds out of the jurisdiction to invest in their business. Several money launderers still utilize this strategy.

According to mythology, the phrase "money laundering" emerged in the 1920s during the US's prohibition period. Professional criminals in the US became actively engaged in the lucrative alcohol smuggling sector, and in order to legalize the profits they made, they started integrating them with income from the legislative business.

However, as noted by Robinson, the word was first used amid the Watergate incident in 1973. He claims that, regardless of where it originated, the situation exactly depicts money laundering since the dirty or illegal money was moved through several layers of transactions and the money seemed white or legitimate at the other end.

Money laundering is widely described as a means of concealing the financial proceeds of crime. Money laundering has been defined by the US Customs Agency as "the legitimization of revenues from unlawful conduct." The International Monetary Fund (IMF) describes money laundering as a "process in which assets created or earned by illicit activity are disguised or shifted to establish a difficult-to-understand relationship between the crime and the assets." With the development of the phrase money laundering, two categories of money were created: money generated from illicit acts, known as black money, and money derived from legitimate activities, known as white money. The primary objective of money laundering is to provide an economic connection between the victims of a crime and the perpetrators of that crime, enabling them to enjoy funds under the radar.

It's hard to distinguish between the two, though. The fundamental concept behind depicting the distinction is that black money cannot be expended just as easily as white money, especially on goods of exceptional value, as today's merchants are unable to trade highly-priced goods on cash due to the obligation to provide documentation, and if the criminal reveals his financial resources without a readily apparent legal source, it may raise the suspicion towards the criminal, so the criminals have begun setting up the money laundering scheme for converting their illegal profits into legal ones.

Money laundering is quite intricate procedure that typically consists of three phases which might intersect. Placement, layering, and integration are the phases in question. The three phases of money laundering are as follows.

The placement phase is the initial stage. When a criminal makes money through unlawful activities, such as drug sales, he seeks to bring that money into the realm of finance by depositing it in a financial or banking organization. An administration official, for instance, got a bribe of €12000 in cash for the favors he supplied. To conceal the source of funds, an administration official enters the casino and purchases

€12000 in chips, then plays at several tables for many hours before returning the chips to the casino, which can be somewhat more or less, and receiving a cheque from the casino for the amount. The theory was that an administration official had

legitimized the source of the bribe money.

The layering stage is the follow-up phase. After money is placed into the system of finance, it begins to be layered. That money is able to transfer to small accounts or various corporate accounts, either or simultaneously owned by the criminal, making it difficult to trace the money's source. Money may be moved to states with less stringent anti-money laundering legislation, and with today's scientific technologies, money can be sent elsewhere in seconds.

The integration phase brings the cycle of laundering to a close. This is the ultimate phase in the criminal's legalization of money. The criminal can now spend the money on items of considerable value or invest the profits.

Following are a few examples of money laundering across the globe:

Offshore company businesses are usually lawful, and the majority of the records revealed no suspicious or unlawful activity. However, reporters discovered that some of the shell businesses put up by Mossack Fonseca were operated for illicit activities such as fraud, tax evasion, and violation of international sanctions.

The Panama Papers is a set of documents that came to light in 2016 and disclosed the fraudulent deeds of numerous people all around the world. Its name derives from the Panama-based firm Mossack Fonseca, which stored classified records that frequently disguised fraud, money laundering, bribery, and other white-collar crimes worldwide. Jurgen Mossack and Ramon Fonseca formed the legal business in Panama in 1977. In recognition of its popularity, the company has expanded to 42 additional nations. Its indisputable development demonstrates the widespread use of offshore accounts by millionaires and billionaires worldwide, as well as how many billions of cash remain concealed from governments each year.

Wachovia, formerly one of the leading banks in the United States, is sadly to blame for the greatest money-laundering scandal. Between 2004 and 2007, the bank facilitated drug gangs in Mexico to launder about USD 390 billion via its branches, according to a 2010 investigation.

At the beginning of 2022, India experienced its largest-ever financial fraud involving ABG Shipyard Ltd., a shipbuilding and repair firm, totaling around 22,842 crores.

The Enron case illustrates a more complex plan in which Shell firms in the Cayman Islands operated as a laundering mechanism to obscure the trail of deceptive conduct while simultaneously acting as a dubious tax haven.

In a broader sense money laundering is at the peak of the list of the most treacherous white-collar crimes since it not only has the potential to tarnish a corporation's prestige after what a prior business has done, but it also has the potential to cause damage to society. Terrorists and drug cartels may money launder, and the amount of money they can amass is frightening to contemplate. The fact that these two groups can obtain weapons strikes home because who is to say that the people they are trying to recruit and educate will not be a future catastrophic attacker? Subsequently, the process of inquiry tends to be complex, but as long as investigators are cautious while going through hundreds, if not thousands, of transactions and can create links with the documents, they will be likely to wrap up the money laundering plan.