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There are three stages involved in money laundering; placement, layering and integration.
Placement –This is the movement of cash from its source. On occasion the source can be
easily disguised or misrepresented. This is followed by placing it into circulation through
financial institutions, casinos, shops, bureau de change and other businesses, both local
and abroad. The process of placement can be carried out through many processes
including:
Layering – The purpose of this stage is to make it more difficult to detect and uncover a
laundering activity. It is meant to make the trailing of illegal proceeds difficult for the law
enforcement agencies. The known methods are:
1. Property Dealing – The sale of property to integrate laundered money back into
the economy is a common practice amongst criminals. For instance, many
criminal groups use shell companies to buy property; hence proceeds from the
sale would be considered legitimate.
2. Front Companies and False Loans – Front companies that are incorporated in
countries with corporate secrecy laws, in which criminals lend themselves their
own laundered proceeds in an apparently legitimate transaction.
3. Foreign Bank Complicity – Money laundering using known foreign banks
represents a higher order of sophistication and presents a very difficult target for
law enforcement. The willing assistance of the foreign banks is frequently
protected against law enforcement scrutiny. This is not only through criminals,
but also by banking laws and regulations of other sovereign countries.
4. False Import/Export Invoices – The use of false invoices by import/export
companies has proven to be a very effective way of integrating illicit proceeds
back into the economy. This involves the overvaluation of entry documents to
justify the funds later deposited in domestic banks and/or the value of funds
received from exports.
This is the first stage in the washing cycle. Money laundering is a "cash-intensive"
business, generating vast amounts of cash from illegal activities (for example, street
dealing of drugs where payment takes the form of cash in small denominations). The
monies are placed into the financial system or retail economy or are smuggled out of the
country. The aims of the launderer are to remove the cash from the location of acquisition
so as to avoid detection from the authorities and to then transform it into other asset
forms; for example: travellers cheques, postal orders, etc. (more details follow).
ii)LAYERING
In the course of layering, there is the first attempt at concealment or disguise of the
source of the ownership of the funds by creating complex layers of financial transactions
designed to disguise the audit trail and provide anonymity. The purpose of layering is to
disassociate the illegal monies from the source of the crime by purposely creating a
complex web of financial transactions aimed at concealing any audit trail as well as the
source and ownership of funds.
Typically, layers are created by moving monies in and out of the offshore bank accounts
of bearer share shell companies through electronic funds' transfer (EFT). Given that there
are over 500,000 wire transfers - representing in excess of $1 trillion - electronically
circling the globe daily, most of which is legitimate, there isn’t enough information
disclosed on any single wire transfer to know how clean or dirty the money is, therefore
providing an excellent way for launderers to move their dirty money. Other forms used
by launderers are complex dealings with stock, commodity and futures brokers. Given the
sheer volume of daily transactions, and the high degree of anonymity available, the
chances of transactions being traced is insignificant.
iii)INTEGRATION
The final stage in the process. It is this stage at which the money is integrated into the
legitimate economic and financial system and is assimilated with all other assets in the
system. Integration of the "cleaned" money into the economy is accomplished by the
launderer making it appear to have been legally earned. By this stage, it is exceedingly
difficult to distinguish legal and illegal wealth.
Acquisition is the offence of use or possession of property which you know or have
reasonable grounds to suspect to be the proceeds of drug trafficking or criminal
conduct and have acquired at less than full value.
The penalty for commission of an offence under this section is the same as for
assisting another to retain the benefit of crime.
This offence only relates to drug trafficking and terrorism and not to proceeds of
crime in general. A person is guilty of an offence if, as a result of something he
learns in the course of his trade, profession or employment, he does not report a
suspicion to a police or customs officer.
Tipping off.
The requirement to report suspicions is not much use if the suspected person is
tipped off to the fact that s/he is under investigation. In order to preserve the
integrity of an investigation, the offence of ‘tipping off’ occurs when information or
any other matter which might prejudice the investigation is disclosed to the suspect
of the investigation (or anyone else) by someone who knows or suspects
examples.
Cash paid into bank Wire transfers abroad (often False loan repayments or
(sometimes with staff using shell companies or forged invoices used as cover
complicity or mixed with funds disguised as proceeds for laundered money.
proceeds of legitimate of legitimate business).
business).
Cash used to buy high value Resale of goods/assets. Income from property or
goods, property or business legitimate business assets
assets. appears "clean".
mandatory for banks to report all suspicious transactions in STR, including those of over
Rs 10 lakhs in CTR, to the directorate of financial intelligence Unit and forged one in
CCR
i) As per above clarification, the debit transactions in the above example are
integrally connected cash transactions because total cash debits during the
calendar month exceeds Rs. 10 lakhs.
ii) All the credit transactions in the above example would not be treated as
integrally connected, as the sum total of the credit transactions during the
month does not exceed Rs.10 lakh