Sunday, October 25, 2020

Explainer: All both leaked FinCEN Files

-

Leaked documents involving about $2tn of transactions have revealed how some of the world’s biggest banks have allowed criminals to move dirty money around the world.

They also show how Russian oligarchs have used banks to avoid sanctions that were supposed to stop them getting their money into the West.

It’s the latest in a string of leaks over the past five years that have exposed secret deals, money laundering and financial crime.

What are the FinCEN files?

The FinCEN files are more than 2,500 documents, most of which were files that banks sent to the US authorities between 2000 and 2017. They raise concerns about what their clients might be doing.

These documents are some of the international banking system’s most closely guarded secrets.

Banks use them to report suspicious behaviour but they are not proof of wrongdoing or crime.

They were leaked to Buzzfeed News and shared with a group that brings together investigative journalists from around the world, which distributed them to 108 news organisations in 88 countries, including the BBC’s Panorama programme.

Hundreds of journalists have been sifting through the dense, technical documentation, uncovering some of the activities that banks would prefer the public not to know about.

Two acronyms you need to know

FinCEN is the US Financial Crimes Enforcement Network. These are the people at the US Treasury who combat financial crime. Concerns about transactions made in US dollars need to be sent to FinCEN, even if they took place outside the US.

Suspicious activity reports, or SARs, are an example of how those concerns are recorded. A bank must fill in one of these reports if it is worried one of its clients might be up to no good. The report is sent to the authorities.

Example SAR (suspicious activity report)
1px transparent line

Why does this matter?

If you are planning to profit from a criminal enterprise, one of the most important things to have in place is a way of laundering the money.

Laundering money is the process of taking dirty money – the proceeds of crimes such as drug dealing or corruption – and getting it into an account at a respected bank where it will not be linked with the crime.

The same process is needed if you are a Russian oligarch whom Western countries have taken sanctions against to stop you getting your money into the West.

Banks are supposed to make sure they don’t help clients to launder money or move it around in ways that break the rules.

By law, they have to know who their clients are – it’s not enough to file SARs and keep taking dirty money from clients while expecting the authorities to deal with the problem. If they have evidence of criminal activity they should stop moving the cash.

Fergus Shiel from the International Consortium of Investigative Journalists (ICIJ) said the leaked files were an “insight into what banks know about the vast flows of dirty money across the globe”.

He said the documents also highlighted the extraordinarily large amounts of money involved. The documents in the FinCEN files cover about $2tn of transactions and they are only a tiny proportion of the SARs submitted over the period.

What has been revealed?

  • HSBC allowed fraudsters to move millions of dollars of stolen money around the world, even after it learned from US investigators the scheme was a scam.
  • JP Morgan allowed a company to move more than $1bn through a London account without knowing who owned it. The bank later discovered the company might be owned by a mobster on the FBI’s 10 Most Wanted list.
  • Evidence that one of Russian President Vladimir Putin’s closest associates used Barclays bank in London to avoid sanctions which were meant to stop him using financial services in the West. Some of the cash was used to buy works of art.
  • The husband of a woman who has donated £1.7m to the UK’s governing Conservative Party’s was secretly funded by a Russian oligarch with close ties to President Putin.
  • The UK is called a “higher risk jurisdiction” and compared to Cyprus, by the intelligence division of FinCEN. That’s because of the number of UK registered companies that appear in the SARs. Over 3,000 UK companies are named in the FinCEN files – more than any other country.
  • Chelsea owner Roman Abramovich once held secret investments in footballers not owned by his club through an offshore company.
  • The United Arab Emirates’ central bank failed to act on warnings about a local firm which was helping Iran evade sanctions.
  • Deutsche Bank moved money launderers’ dirty money for organised crime, terrorists and drug traffickers. More details (BuzzFeed News)
  • Standard Chartered moved cash for Arab Bank for more than a decade after clients’ accounts at the Jordanian bank had been used in funding terrorism.

Why is this leak different?

There have been a number of big leaks of financial information in recent years, including:

The FinCEN papers are different because they are not just documents from one or two companies – they come from a number of banks.

They highlight a range of potentially suspicious activity involving companies and individuals and also raise questions about why the banks which had noticed this activity did not always act on their concerns.

Once a bank has filed a report to the authorities, it is very difficult to prosecute it or its executives, even if it carries on helping with the suspicious activities and collecting the fees.

FinCEN said the leak could impact on US national security, compromise investigations, and threaten the safety of institutions and individuals who file the reports.

But last week it announced proposals to overhaul its anti-money laundering programmes.

The UK has also unveiled plans to reform its register of company information to clamp down on fraud and money laundering.

Original article on bbc.co.uk

Advertisement

Must Read

Julius Baer will withhold millions of francs in bonuses from its former chief executives Boris Collardi and Bernhard Hodler, as a result of a...
Nine current or former Goldman Sachs executives, including CEO David Solomon, will have to pay back hundreds of millions of dollars in compensation over...
Goldman Sachs has agreed to pay nearly $3bn (£2.3bn) in the US to end a probe of its role in Malaysia's 1MDB corruption scandal. The...
Goldman Sachs ignored multiple red flags over the multibillion-dollar fundraisings it arranged for state fund 1Malaysia Development Berhad, Hong Kong’s financial regulator said on...
Lacey Mase, one of the top aides who accused Texas Attorney General Ken Paxton of crimes including bribery and abuse of office, has been fired, she told The...
Advertisement

Latest News

Julius Baer will withhold millions of francs in bonuses from its former chief executives Boris Collardi and Bernhard Hodler, as a result of a...
The CEO of Arbistar the Spanish investment company, Santiago Fuentes, has been arrested and arraigned on charges of fraud, belonging to a criminal organization...
Six people from three states are charged with defrauding $12 million from federal student aid programs by allegedly enrolling students into a theology school...
Pakistan Muslim League-Nawaz (PML-N) chief and Opposition Leader in the National Assembly Shehbaz Sharif was sent to jail on Tuesday in a money laundering...
The former president and CEO of Blue Bell Creameries L.P., a Texas ice cream company, was indicted Tuesday on wire fraud charges in connection with a scheme...
Advertisement
Advertisement

Adblock Detected!

Our website is made possible by displaying online advertisements to our visitors. Please consider supporting us by whitelisting our website.

Enable Notifications    Ok No thanks