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Money Laundering
Money laundering is the process by which criminals attempt to conceal the illicit origin and ownership of the proceeds of their unlawful activities. By means of money laundering, criminals attempt to transform the proceeds from their crimes into funds of an apparently legal origin. If successful, this process gives legitimacy to the proceeds, over which the criminals maintain control. Money laundering can be either a relatively simple process, undertaken at the local or national level, or a highly sophisticated one that exploits the international financial system and involves numerous financial intermediaries in a variety of jurisdictions. Money laundering is necessary for two reasons: First, the perpetrator must avoid being connected with the crimes that gave rise to the criminal proceeds (known as predicate offenses); second, the perpetrator must be able to use the proceeds as if they were of legal origin. In other words, money laundering disguises the criminal origin of financial assets so that they can be freely used.
Money laundering has three stages: placement, layering, and integration. In the placement stage, the launderer introduces the illegal profit into the financial system. In the layering stage the launderer engages in a series of conversions or movements of the funds to distance them from their source. Finally, in the integration stage the funds reenter the legitimate economy.
Mechanisms, Methods, and Instruments
In each stage of the process, the money launderer can employ a variety of mechanisms and monetary instruments to disguise the illicit nature of the criminal proceeds. No single method exists: On the contrary, numerous techniques have been uncovered by police investigations. As Beare and Schneider (1990: 304) have pointed out, the choice of money laundering method is limited “only by the imagination” of the criminal. Methods vary from the simple purchase of luxury items to more sophisticated techniques involving the transfer of the money through a transnational network of banks and other financial institutions.
To dispose of the illicit proceeds, the launderer may make use of financial or nonfinancial mechanisms—that is, institutions that (knowingly or otherwise) participate in the laundering process. The most frequently used method is to work through banking institutions, mainly in the first stage of money laundering. Besides banks, other sectors are used, notably financial inter-mediation (because of the higher interests on the capital invested), leasing (i.e., granting use or occupation of property during a specified period in exchange for a specified rent), and factoring (i.e., accepting accounts receivable as security for short-term loans). Other financial institutions, such as wire transfer companies and exchange offices, are also often used to launder ill-gotten gains. Finally, launderers are making increasing use of the gold market, casinos and gambling houses. The instruments used for money laundering operations also vary widely. Besides cash, the instruments most frequently used are stocks, life insurance policies, letters of credit, bank checks of all kinds, wire transfers, and precious metals.
In general terms, the laundering of small or episodic amounts of illicit proceeds requires a less sophisticated process than that used to launder larger amounts. The simplest money laundering methods are employed at the local or national level. One of the most common is the commingling of licit with illicit funds. The latter are disguised as part of a business turnover and may be claimed to be the proceeds of a legitimate business. This has the advantage of providing an almost immediate explanation for dirty money. Retail outlets like restaurants and supermarkets, which handle a great deal of cash, are popular mechanisms for this purpose.
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