Annual Anti-Money Laundering (“AML”) / Counter Terrorism Financing (“CTF”) Training 2013.
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Transcript of Annual Anti-Money Laundering (“AML”) / Counter Terrorism Financing (“CTF”) Training 2013.
Annual Anti-Money Laundering (“AML”) / Counter Terrorism Financing (“CTF”)
Training 2013
Annual Anti-Money Laundering (“AML”) / Counter Terrorism Financing (“CTF”)
Training 2013
Objectives
By the end of this training, you will be able to:
Recognize the (3) stages of money laundering
Understand SS&C’s role in combating money laundering and terrorist financing
Increase awareness of SS&C’s regulatory requirements
Recognize your role in fighting money laundering and terrorist financing
Identify potential suspicious activity and how to escalate your suspicions
Understand the offenses which relate to money laundering and terrorist financing
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What is Money Laundering & Terrorist Financing?
Money Laundering: The process of changing the identity of money gained from illegal activities into “clean” money, thus concealing the true origin and ownership of the money.
Terrorist Financing: The process by which terrorists fund their operations in order to perform terrorist acts; usually involves money laundering.
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While illegal activities such as these have undoubtedly been going on for hundreds, if not thousands, of years, it’s only in the 20th century that money laundering, as a crime, has really attracted interest.
‘Money laundering’ as an expression is one of fairly recent origin. The original sighting was in newspapers reporting the Watergate scandal in the United States in 1973.
Let’s take a look at two of the most infamous money launderers!
Al Capone
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One of America’s best known
mobsters was also the
inventor of “modern” money
laundering. In fact, many
of his first businesses
were laundromats and thus
extremely cash intensive.
Some will say that Capone’s
use of laundromats was the
origin of the phrase money
“laundering!”
Capone was prosecuted and
convicted in October, 1931
not for money laundering,
but for tax evasion.
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It has been said that he was the
most successful criminal known.
Escobar, a notorious leader of a
Columbian drug cartel, at one time
controlled 80% of the world’s
cocaine trade. So how did he
do it?
Escobar used money laundering in
order to effectively deposit
billions of dollars gained f
rom the
sale of narcotics in the U.S. and
offshore banking havens such
as the
Bahamas, Aruba and the Cayman
Islands.
Known at one point as the seventh
richest man in the world by
Forbes,
Escobar used his criminally
derived
wealth to live an extravagant
lifestyle filled with luxurio
us real
estate, cars, helicopters, ai
rplanes
and even a private zoo with
imported
exotic animals!
The growing suspicions of the U.S.
government over Escobar’s wea
lth and
the increase in conflict over the
American and Columbia trade treaty
eventually led to Escobar’s d
eath in
a gunfight by Columbian auth
orities
in his hometown of Medellin,
Columbia.
Pablo Escobar
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Placement• Money initially placed into the financial system • Example: Drug traffickers proceeds are broken up into
smaller sums and deposited into a bank account over a period of time
Layering•Money is converted or moved through the financial system, in multiple transactions, in order to break the audit trail of the money’s original source
•Proceeds are used to purchase an investment instrument or may be wired to multiple bank accounts across several jurisdictions
Integration•Money is no longer distinguishable from it’s original source and has re-entered the legitimate economy
•Proceeds are re-invested into legitimate business ventures, used to purchase luxury items, real estate, etc.
The Three Stages of Money Laundering
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Placement• Money initially placed into the financial system • Example: Drug traffickers proceeds are broken up into
smaller sums and deposited into a bank account over a period of time
Layering• Money is converted or moved through the financial system, in multiple
transactions, in order to break the audit trail of the money’s original source
• Example: Proceeds are used to purchase an investment instrument or may be wired to multiple bank accounts across several jurisdictions
Integration•Money is no longer distinguishable from it’s original source and has re-entered the legitimate economy
•Proceeds are re-invested into legitimate business ventures, used to purchase luxury items, real estate, etc.
The Three Stages of Money Laundering
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Placement• Money initially placed into the financial system • Example: Drug traffickers proceeds are broken up into
smaller sums and deposited into a bank account over a period of time
Layering• Money is converted or moved through the financial system, in
multiple transactions, in order to break the audit trail of the money’s original source
• Example: Proceeds are used to purchase an investment instrument or may be wired to multiple bank accounts across several jurisdictions
Integration• Money is no longer distinguishable from its original source
and has re-entered the legitimate economy• Example: Proceeds are re-invested into legitimate business
ventures, used to purchase luxury items, real estate, etc.
The Three Stages of Money Laundering
Former military dictator of Panama, General Noriega, misappropriated approximately $23 million of funds from the Panama National Guard.
The funds were deposited into various accounts he opened with the Bank of Credit and Commerce International in Luxembourg and London. From there, $11.5 million of the funds were transferred to an account in the name of “Finlay International” at the Union Bank of Switzerland in Zurich.
The whole of the funds were then transferred to the Middle Eastern Bank in London. Finlay International instructed the Middle Eastern Bank to transfer the funds to several brokerage accounts opened at a commodities brokerage firm. Multiple transactions took place through the Finlay accounts set up at the brokerage firm, involving trades on the Chicago and London commodities markets.
Gradually, the money was withdrawn from the brokerage accounts and used to buy luxury items in Paris, e.g. yacht, apartment in Europe, etc.
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Can you see the various stages of money laundering in this scenario?
Case Study – General Noriega Placement: the money is
introduced to the financial system
Layering: the money is moved through the financial system
Integration: the money is unrecognizable from its original source
SS&C’s Role
As part of its administrative services, SS&C conducts certain AML reviews on behalf of Fund clients, as designated in their Services Agreement
Our clients and their counterparties rely on SS&C to conduct the appropriate AML/Know Your Customer Checks on the money which is used to fund trading accounts
SS&C must ensure that sufficient AML/CTF procedures and controls are in place in those jurisdictions in which the Company operates
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SS&C
Investment
Managers &
Fund Counterpa
rties
Fund Clients
What does it mean to “Know Your Customer?”
Also known as ‘KYC’
Involves conducting a due diligence review on clients
Verification of true identity, address, source of funds, nature of business etc
Involves risk assessment - source of wealth, type of client, location of client
Required identity verification documents may include:– Passport or other government-issued proof of identification– Official formation documents or other governing agreements– Documents which verify the nature of the client’s business
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AML/CTF Procedures at a GlanceFinancial Services providers such as SS&C must implement certain
procedures in order to effectively combat money laundering, terrorist financing, and other financial crimes. These procedures include:
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Client identification procedures, including where appropriate, identification of beneficial owners, and the nature of the client’s business
Recognition of “suspicious activity” and reporting of such activity to the appropriate person(s)
Staff training procedures regarding applicable AML/CTF regulations and company policies
On-going monitoring of business arrangements
Retention of documents for not less than 5 years
Internal Audit procedures
Designation of a Money Laundering Reporting Officer (“MLRO”) and Money Laundering Compliance Officer
Why is all of this important to you?Under the laws in the jurisdictions in which we operate, it is a criminal offense of money laundering if a person possesses, conceals, disguises, transfers, converts, removes, acquires, or, in any way, handles the proceeds of criminal conduct
A person commits a criminal offense if he or she knows or suspects, or has reasonable grounds for knowing or suspecting, that another person is engaged in criminal conduct, and he or she does not make the required disclosure to the Money Laundering Reporting Officer in their company.
Only the Money Laundering Reporting Officer should make a report to SS&C’s regulator/local Financial Intelligence Unit (‘FIU’) if they suspect or know about suspicious activity or money laundering.
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Tipping Off
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It is important to ensure you do not discuss any suspicions of money laundering or other criminal conduct or any reporting of such conduct with anyone but the Company’s Money Laundering Reporting Officer (“MLRO”).
In the event that you make a report of suspicious activity to the MLRO, you will be given specific instructions on how to proceed.
It is a criminal offense if a person knows or suspects a disclosure of money laundering is about to take place, is taking place, or has taken place, and he or she makes a disclosure which is likely to prejudice an investigation.
Knowledge CheckA prospective corporate investor wishes to subscribe into ABC Fund
Limited, however they reside in a country not recognized by our regulators. In order to conduct the appropriate KYC checks, SS&C’s Investor Services representative requests documentation in order to identify the investor and its shareholders.
The investor is reluctant to provide data relating to its shareholders and after many weeks, the Investor Services representative instructs the investor that they cannot process the subscription without this documentation. The investor states on a call, “this is ridiculous, I have invested in many funds and none of them have given me a hard time. I am going to withdraw my subscription immediately!”
Keeping in mind the “tipping off” offense, which one of the below actions would be best practice to pursue?
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A. Tell the Fund Manager of your suspicions. Let them deal with the investor. Hey, maybe they’ll have better luck?
B. Say nothing. No harm no foul. The investor didn’t provide the documentation, so you couldn’t process. Simple as that.
C. Coordinate a discussion to speak with the company MLRO.
If you said “C” you are correct!
It is best practice to discuss the matter directly with your company MLRO who will instruct you on how to proceed. By no means should any of your suspicions be discussed with the investor, client, or co-workers.
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What is Suspicious Activity?
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Refers to types of activity that can be construed as questionable or suspect
Important to “Know Your Customer” so you are better able to identify activity which is unusual or not in the normal range of activity for that client
All SS&C personnel must monitor activity in client or investor accounts and always be alert to unusual or inconsistent
transactions
Types of Suspicious ActivitySome examples of Suspicious Activity
may include:
Reluctance for a client to provide additional information or documentation
Requests from a client to remain anonymous
Swaps or other transactions with a non traditional counterparty, e.g. other than a recognized bank or brokerage house
Excessive frequency of contributions and withdrawals by a client or investor, especially where there is no financial gain or other benefit
Unusually high volume transactions
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Let’s take a look at a scenario to test your recognition of suspicious activity!
An Operations employee at SS&C is requested to send out a wire for a Fund expense by one of the Operations Managers at the Fund who he speaks to everyday and has a great working relationship with.
The Operations Manager at the Fund says the expenses occurred during a business trip and he’d really appreciate a prompt turnaround. When the employee requests documentation to substantiate the wire, the Manager jokes around, saying how foolish he is because he accidentally threw out the receipts.
The employee tells him that it’s no problem, he’ll just need the Director’s sign off on the expenses. The Manager immediately withdraws the requests to submit the expenses and tells the SS&C employee not to worry about it, he’ll just have his boss pay him directly.
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Could this situation be construed as ‘suspicious activity’?
Knowledge Check
YES!
Although the Operations Manager at the Fund may really have legitimately misplaced the receipts to support the expense wire and didn’t want to create trouble or make things difficult for the Operations employee, it is worth the Operations employee checking into it further to ensure the expense would have been legitimate and approved by the Fund’s Director.
Each employee is responsible for being the first line in defense against money laundering and terrorist financing. It is your responsibility to report any activity which isn’t the norm and could be construed as “suspicious!”
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How to Report Suspicious Activity
Suspicious Activity should be reported to the Company’s MLRO
Suspicious Activity should be reported using the form available on the intranet
The MLRO will provide the employee with further instructions on how to proceed
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Case Study - The Black Market Peso Exchange
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The majority of drug traffickers in Columbia don’t want the U.S. dollars they earn from drug sales because they rarely leave Columbia. They need their local currency to live their lives, purchase homes and other luxuries and pay for the operations of their drug trafficking business. So instead they have found a method to convert their ill gotten gains back to their native currency, the peso, through a series of transactions with a black market broker.
Known as “The Black Market Peso Exchange,” this process involves a money broker who will purchase U.S. dollars derived from drug sales, negotiate an exchange rate of Columbian pesos for the U.S. dollars (usually 40% below the official exchange rate) and deliver those pesos to the drug traffickers in the Columbian bank accounts. This very successful and prevalent process of money laundering is even used by legitimate successful businessmen in Columbia who have pesos but want to buy cheap U.S. dollars to purchase goods in the U.S.
The U.S. dollars from traffickers are often swapped with the pesos the legitimate businessmen want to convert and the money broker then receives the commissions from the difference in the exchange. It is estimated that the “black peso exchange” launders $5 billion dollars of drug money per year!
Drug Proceeds in USD
Brokers sell USD to
businessmen in Columbia
who want $ for goods
Goods are paid for by peso
broker, using purchased
drug proceeds
Ever wondered how drug traffickers could possibly deposit tremendous amounts of illegal proceeds into U.S. bank accounts without arising suspicion by banks and regulators? The truth is, they don’t! Lets take a look at this common scenario.
Summary There are (3) distinct phases of money laundering to be aware of: placement,
layering & integration
SS&C has a regulatory obligation to adhere to certain AML/CTF standards, which include the process of knowing your customer (“KYC”)
The better you know your customer, the better equipped you will be to identify suspicious activity should it occur
Money laundering is a serious offense but not reporting money laundering or suspicious activity is just as serious
It is also an offense to “tip off” any outside parties to suspected or known money laundering activity by sharing your suspicions
There are different types of suspicious activity and every employee must share in the responsibility for the firm to identify suspicious activity and report it to the company MLRO
Money laundering is and has been an abundant problem in society and requires vigilance from everyone to protect the integrity of the financial system
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You have now completed SS&C’s Annual Anti-Money Laundering & Counter Terrorism Financing Training