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Money Laundering
ver 1.0 / September 15th, 2010

Table of Contents
1. What is money laundering?...................................................................................2 2. Methods of money laundering...............................................................................2 2.1 STRUCTURING.................................................................................................. 3 2.2 NOMINEES........................................................................................................3 2.3 ASSET PURCHASING WITH BULK CASH ................................................................................................................................ 4 3. Importance of combating money laundering.........................................................4 4. International efforts to combat money laundering................................................5 5. Canadian Legislation.............................................................................................7

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Money Laundering
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1. What is money laundering?

The United Nations defines money laundering as any act or attempted act to disguise the source of money or assets derived from criminal activity. Essentially, money laundering is the process whereby dirty moneyproduced through criminal activity is transformed into clean money, the criminal origin of which is difficult to trace. There are three recognized stages in the money laundering process. Placement involves placing the proceeds of crime in the financial system. Layering involves converting the proceeds of crime into another form and creating complex layers of financial transactions to disguise the audit trail and the source and ownership of funds. This stage may involve transactions such as the buying and selling of stocks, commodities or property. Integration involves placing the laundered proceeds back in the economy to create the perception of legitimacy.

The money laundering process is continuous, with new dirty money constantly being introduced into the financial system. Under Canadian law, a money laundering offense involves various acts committed with the intention to conceal or convert property or the proceeds of property (such as money) knowing or believing that these were derived from the commission of a designated offense. In this context, a designated offense means most serious offenses under the Criminal Code or any other federal Act. It includes, but is not limited to those relating to illegal drug trafficking, bribery, fraud, forgery, murder, robbery, counterfeit money, stock manipulation, tax evasion and copyright infringement. A money laundering offense may also extend to property or proceeds derived from illegal activities that took place outside Canada.

2. Methods of money laundering

There are as many methods to launder money as the imagination allows, and the schemes being used are becoming increasingly sophisticated and complicated as technology advances. The following are some examples of common money laundering methods.

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Money Laundering
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2.1 STRUCTURING
Structuring is the act of breaking up large transactions into several smaller transactions to avoid providing personally identifying information. Many money launderers are familiar with the dollar thresholds that require record keeping and reporting; to remain anonymous and avoid the detection of law enforcement officials, money launders attempt to structure their transactions to avoid triggering record keeping and / or reporting requirements. Money launderers may also attempt to trick employees into allowing them to structure transactions by splitting up transactions with several accomplices or by trying to con employees with a hard luck story. Employees need to be on the lookout for structuring so that they can prevent it from occurring. It is illegal to structure transactions or to help clients avoid record keeping or reporting requirements. Employees may not tell or even imply to a client that he / she can avoid providing information by conducting smaller transactions. The following examples of potential structuring are specifically designed to avoid record keeping requirements that should be reported for further research, review and possible FINTRAC filing.

A client asks to conduct six (6) money transfers for $500 each, totaling $3,000. Early in the morning, a client conducts three (3) money transfers for $250 each, totaling $750. Later in the day, the same client returns and conducts an additional three (3) money transfers for $250 each. When combined, the six (6) transactions total $1,500.
A client asks to send four (4) money transfers for $850 each totaling $3,400 on the same day to the same receiver.

2.2 NOMINEES
This is one of the most common methods of laundering and hiding assets. A launderer uses family members, friends or associates who are trusted within the community, and who will not attract attention, to conduct transactions on their behalf. The use of nominees facilitates the concealment of the source and ownership of the funds involved. 3
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Money Laundering
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2.3 ASSET PURCHASING WITH BULK CASH

Individuals purchase big-ticket items such as jewelery, cars, boats and real estate. In many cases, launderers use the assets but distance themselves from them by having them registered in a friends or relatives name. The assets may also be resold to further launder the proceeds.
1.CURRENCY SMUGGLING Funds are moved across borders to disguise their source and ownership, and to avoid being exposed to the law and systems that record money entering into the financial system. Funds are smuggled in various ways (such as by mail, courier and bodypacking) often to countries with strict bank secrecy laws. 2.GAMBLING IN CASINOS Individuals bring cash to a casino and buy gambling chips. After gaming and placing just a few bets, the gambler redeems the remainder of the chips and requests a casino check. 3.BLACK-MARKET PESO EXCHANGE An underground network of currency brokers with offices in North America, the Caribbean and South America allows drug traffickers to exchange pesos for U.S. dollars. The dollars stay in the United States and are bought by South American (mainly Colombian) companies, which use them to buy American goods for sale back home.

3. Importance of combating money laundering

The vast majority of criminals would not be in the business of crime if it were not for the tremendous profits to be made. There is a direct relationship between the profitability of most types of crime and their prevalence. A major objective of the battle against crime in Canada and elsewhere is, therefore, to deprive criminals of the profits from their efforts. Only by effectively laundering illegal assets can criminals use them and thereby benefit from their crimes. The sheer magnitude of money laundering activities demonstrates the importance of implementing strong anti-money laundering regimes in countries throughout the world. In Canada, money laundering is a multibillion-dollar problem. It is an integral element of organized criminal activity, and is the proven method by which organized crime groups seek to transform the proceeds of drug trafficking, contraband goods and people smuggling, extortion, fraud and other activities into apparently legitimately earned funds.

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Money Laundering
ver 1.0 / September 15th, 2010 Laundered proceeds of crime provide seemingly legitimate financial support to drug dealers, terrorist organizations, arms dealers and other criminals to amass wealth and operate and expand their criminal empires. Investigations have revealed that those involved in money laundering attempts manipulate financial systems in Canada and abroad to foster a wide range of illicit activities. The economic and political influence of criminal organizations can potentially weaken the social fabric, collective ethical standards and, ultimately, the democratic institutions of society. Money laundering activities have the potential to distort economic data and to cause economic growth to suffer. International Monetary Fund studies on the relationship between gross domestic product growth and money laundering in industrial countries have found evidence that significant reductions in annual gross domestic product growth rates were associated with increases in money laundering activities. These are some of the reasons why Canada is serious in its commitment to combat money laundering. The increasingly international character of business and the often multinational nature of money laundering activities have resulted in stepped up international efforts and co-operation in the fight against money laundering.

4. International efforts to combat money laundering

An important objective of money laundering activities is to remove the proceeds of crime from the jurisdiction in which they were obtained to help disguise their origins. This frequently involves the international movement of those proceeds, which is facilitated by the increasingly international character of business, financial and criminal activity. Although money laundering has become a large global problem that affects all countries in varying ways and degrees, jurisdictional boundaries have made international law enforcement difficult. International co-operation and co-ordination have become essential to the deterrence, detection and prosecution of money laundering, leading to the development of many international initiatives over the past decades to address this issue. Perhaps the most well known of these initiatives is the Financial Action Task Force (FATF), established by the G-7 countries in 1989. FATF is an intergovernmental body, comprising 34 member jurisdictions and two regional organizations, and whose purpose is to develop and promote policies to combat money laundering and terrorist financing. Canada has been a member of FATF since it was established. FATF has set out 40 recommendations and 9 special recommendations that outline the basic framework for anti-money laundering and terrorist financing efforts. These recommendations define international standards covering the criminal justice system and law enforcement, the financial system and its regulation, and international co-operation. More information about FATF and its 40 recommendations and 9 special recommendations can be found at http://www.fatf-gafi.org. In 1995, a group of Financial Intelligence Units (FIUs) met at the Arenberg Palace in Brussels and decided to establish an informal group whose goal would be to facilitate

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ver 1.0 / September 15th, 2010 international cooperation. Now known as the Egmont Group of Financial Intelligence Units, these FIUs meet regularly to find ways to cooperate, especially in the areas of information exchange, training and the sharing of expertise. Canada has been an active member of this group since 2002. In early 2008, the Egmont Group established its Secretariat in Canada. For more information on the Egmont Group, visit their Web site at http://www.egmontgroup.org. Other international anti-money laundering initiatives include but are not limited to the following: European Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime Asia Pacific Group on Money Laundering (APG) Caribbean Financial Action Task Force on Money Laundering (CFATF) United Nations Single Convention on Narcotic Drugs United Nations Convention on Psychotropic Substances United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances United Nations Convention Against Transnational Organized Crime

For more information about CFATF and APG, visit http://www.cfatf-gafic.org and http://www.apgml.org. As a member of FATF, a sponsoring country of the CFATF, a signatory to the United Nations Conventions listed above, as well as a member of APG and the Egmont group, Canada is very active in the international fight against money laundering. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is a further demonstration of Canadas commitment to fighting money laundering. See sections 4 and 5 for more information about Canadas anti-money laundering efforts. For more information on money laundering, you can also refer to the following Web sites: Royal Canadian Mounted Police (http://www.rcmp-grc.gc.ca) Serious Organized Crime Agency (SOCA) (http://www.soca.gov.uk) Financial Crimes Enforcement Network (http://www.fincen.gov) United Nations Office of Drugs and Crime (http://www.odccp.org) Australian Transaction Reports and Analysis Centre (http://www.austrac.gov.au) International Money Laundering Information Network (http://www.imolin.org) Moneylaundering.com (http://www.moneylaundering.com)

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Money Laundering
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5. Canadian Legislation
Money laundering became an offense in Canada several years ago, under amendments to the Criminal Code. These amendments also gave law enforcement the ability to search, seize and retain property believed to be proceeds of crime. The criminalization of the laundering of proceeds of crime (money laundering) led to many other legislative changes, such as amendments to the Customs Act and the Excise Act, among others. The first components of Canadas anti-money laundering regime consisted of certain record keeping and client identification requirements to assist in the detection and deterrence of money laundering. Although there were no reporting requirements at that time, information about any suspicious transactions could be provided voluntarily to law enforcement. In 2000, the Proceeds of Crime (Money Laundering) Act was introduced as part of these measures to create an anti-money laundering regime. In 2001, the first reporting requirement came into effect for suspicious transactions. These measures were subsequently enhanced and additional components were introduced. That same year, the scope of the Proceeds of Crime (Money Laundering) Act was expanded to include terrorist financing (see information about the Anti-terrorism Act in subsection 4.2). This resulted in the former Proceeds of Crime (Money Laundering) Act becoming the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA). Over the course of 2002 and 2003, other requirements under the PCMLTFA and related Regulations were phased-in, such as record keeping, client identification and other reporting obligations. In 2006, amendments to the PCMLTFA introduced changes such as the establishment of a money services businesses registry, the authority to levy administrative monetary penalties and the addition of new reporting sectors, among others. They also included measures to strengthen reporting, record keeping, client identification and compliance regime requirements. These changes were phased-in over the course of 2007 to 2009.

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