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MONEY LAUNDERING & TERRORISM

FINANCING:AN OVERVIEW & CHALLENGES

SPECIAL TASK FORCEROYAL MALAYSIA POLICE

ByINSP. MOHD NOOR FIRDAUZ BIN ABDULLAH

AMLA INVESTIGATING OFFICER

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SCOPE OF CONTENTS MONEY LAUNDERING

TERRORISM FINANCING

THE LAW TRENDS, MO & TYPOLOGIES

RMP IN ACTION

CASE STUDY CHALLENGES

Q & A

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MONEY LAUNDERING

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PROCESS OF MONEY LAUNDERING

Process used to move, conceal and legitimizeproceeds of crime.

Purpose: to render it almost impossible forevidence to be obtained which allow a court toestablish the derivation of the money (Rider,1992).

Dirty money - through a cycle of transactions orwashed, turned legal and clean money

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PROCESSES OF MONEY LAUNDERING

The process - not necessarily harmful or abusive per se.

Rider (2006) - Simply keeping wealth secret may not be

intolerable in either a legal or moral sense, and it mighteven be prudent and beneficial in certain circumstances.

However, ML process will undoubtedly involve resort totransactions, real or imagined, which will be designed toconfuse the onlooker and confound the inquirer.

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Stages of Money Laundering:

(Placement) Moving the money from the scene of thecrime:

(a) To a remote location; and/or(b) Ideally to a bank account anonymously.

(Layering) Disguising the trail leading from (a) to (b).

(Integration) Making the cash available to the

criminals.

In fact, money laundering techniques vary in their degree

of sophistication depending on the purpose.

STAGES OF MONEY LAUNDERING

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MONEY LAUNDERING SCHEMES

The money laundering schemes:

- can be more complex or more basic;

- involve any number of intermediaries; and

- utilize both traditional and non-traditionalpayment systems, offshore financial centre(OFCs) and overseas companies, non-financialsectors and international trade system. (FATF2006)

Money Laundering is often a highly complexprocess, rather than a single act.

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ML strategy adopted depends on factors including:

Type / location crime was committed;

Quantity of assets;

Structure / level of criminal syndicate; Amount of fear and intimidation a criminal enterprise

can generate;

Educational, professional and business background ofthe criminal;

Availability of technology; and Cost of hiring of financial experts in developing and

implementing money laundering schemes.

MONEY LAUNDERING STRATEGY

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TERRORISM FINANCING

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BADAR

One man willing to throw his life away is enoughto terrorize thousands."(Wu Ch'i)

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TERRORISM

DEFINITION

Act of violent, to cause destructions to life,property, nature etc

"The unlawful use of - or threatened use of -force or violence against individuals or propertyto coerce or intimidate governments or societies,often to achieve political, religious, or ideologicalobjectives.

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TERRORISM FINANCING

DEFINITION:

Terrorism Financing is the act to providing

financial support, either through legitimate orillegitimate source, to terrorists or terroristorganizations to enable them to carry outterrorist acts.

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GROUPS IDENTIFIED BY USA/UN:(South East Asia)

al Qaeda,

Jemaah Islamiah,

Communist Party of the Philippines / New PeoplesArmy;

Cambodian Freedom Fighters; Moro Islamic Liberation Front (MILF);

Pattani United Liberation Organization (PULO);

Aceh Freedom Movement (GAM);

The Mujahidin Council of Indonesia and its affiliates,Laskar Jihad and Laskar Jundullah; and

Kumpulan Mujahidin Malaysia (KMM).

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CRIMINAL ACTIVITIES OFTERRORIST GROUPS

Narcotics smuggling;

Commodity smuggling;

Goods smuggling;

Firearm smuggling,

Trafficking in persons;

Extortion;

Kidnapping, intellectual property theft,counterfeiting, fraud, credit theft and armedrobbery.

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ATTACK OF WTC, NEW YORK@11 SEPT 01

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18

ANOTHER VIEW OF THE ATTACKS

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GONE!!!!!!

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20

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BALI BOMBING

On 12 October 2002 three bombs were detonatedin Kuta, Bali that claimed 202 lives. 88 Australianswere among the dead, the largest peace-time lossof civilian life in the country's history.

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COST OF THE BOMBING Chemicals Rp 21,575,000.00

Vehicles Rp 40,655,000.00

Motorcycles Rp 22,000,000.00

Accom & Food Rp 40,137,500.00

Laptop Rp 14,000,000.00

Travel Rp 9,500,000.00

Phones Rp 10,007,000.00

Other Rp 3,000,000.00

TOTAL Rp 160,874,500.00**Rp 255,000,000 to Rp 290,000,000 available for thebombing was identified by Financial Task Force.

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COMPARISON OF ML & TF

Whereas. money laundering is solely based onproceeds derived from unlawful activities (Ill-Gotten Gains).

Then, financing of terrorism, the focus is on thedetermination or use of funds, which may havebeen derived from legitimate sources

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THE LAW:ANTI-MONEY

LAUNDERING AND ANTI-TERRORISM FINANCING

ACT 2001

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HISTORY OF ML IN MALAYSIA

Before 2002, provisions under moneylaundering based on sec. 410 415 PenalCode.

January 2002, a specific law on moneylaundering called ANTI MONEY LAUNDERING

ACT 2001 (AMLA) came into force.

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HISTORY OF ML IN MALAYSIA

6 JUNE 2001 -PASSED BY PARLIAMENT

5 JULY 2001

GAZZETTED

15 JAN 2002

CAME INTO FORCE

9 MAC 2007

AMENDED TERRORISMFINANCING PROVISIONS CAMEINTO FORCE

AMLATFA 2001

ANTI-MONEY LAUNDERING ANDANTI-TERRORISM FINANCING

ACT 2001

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Gazette orders

P.U(B) 15.

ANTI-MONEY LAUNDERING ACT 2001APPOINTMENT OF DATE OF COMING INTO OPERATION

IN exercise of the powers conferred by subsection 1(2) of the Anti-

Money Laundering Act 2001 [Act 613], the Minister appoints 15 January2002 as the date on which the Act comes into operation.

Dated 26 December 2001 DR.MAHATHIR BIN MOHAMAD

Minister of Finance[BNM/JUU/;PN(U)2246/II]

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OBJECTIVES OF AMLATFA 2001

AN ACT TO PROVIDE FOR:

- the offence of Money Laundering / TerrorismFinancing;

- the measures to be taken for prevention of MoneyLaundering / Terrorism Financing; and

- forfeiture of property derived from, or involved

in, Money Laundering / Terrorism Financing.

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ARRANGEMENT OF SECTIONS

8 PARTS 93 SECTIONS

PRELIMINARY

MONEY LAUNDERING OFFENCES

FINANCIAL INTELLIGENCE

REPORTING OBLIGATIONS

INVESTIGATION

FREEZING, SEIZURE AND FORFEITURE TERRORISM FINANCING

MISCELLANEOUS

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APPLICATION OF THE ACT

THE ACT SHALL APPLY TO:

- ANY SERIOUS OFFENCE, FOREIGN SERIOUS OFFENCE ORUNLAWFUL ACTIVITY WHETHERCOMMITTEDBEFORE OR

AFTER THE COMMENCEMENT DATE;

- ANY PROPERTY, WHETHER IT IS SITUATED IN OR OUTSIDEMALAYSIA

NOT APPLICABLE:- AGAINST A PERSON FOR A SERIOUS OFFENCE IN RESPECT OF

WHICH HE HAS BEEN CONVICTED BY A COURT BEFORE THECOMMENCEMENT DATE.

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TRENDS,TECHNIQUES &

MODUS OPERANDI

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CRIMES TREND

TRADITIONALCRIMES

SYNDICATEDCRIMES

TRANSBORDER CRIMES

( GLOBAL )

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TREND 70sIn the 70s, commercial crime wereconfined to simplecheating and simple

forgery committed by individuals.

Cases reported not that many.

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TREND 80sFinancial crime beginning to emerge,

i.e

- BBMB Finance (Hong Kong) case- Cases involving cooperative

societies,

- Insurance frauds

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The 90s saw the individual white collar criminal

becoming more organized and systematic in hiscriminal activities.

Mergers of efforts and resources with new structuresand M.O.

With an hierarchy to ensure its continuity, thesewhite collar crime syndicates are slowly but surelyextending across national and international borders.

TREND 90s

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TREND- New MilleniumThe new millennium has created big challenges toenforcement agencies whereby the M.O. hasrevolutionalised and become more sophisticated intendem with the advent of technology,

Evolution of transnational crime in a globalised world:-- Crime committed through internet;- Cyber terrorism;

- Money laundering;- Hacking skills being combined withcriminal intent (Syndicates); and

- Economic sabotage.

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WHY DOES A CRIMINALLAUNDER MONEY?

To remove or distance the illegal proceeds - difficult todetect and prosecute the perpetrator;

To prevent the illegal proceeds from being confiscated;

To enable the criminal to enjoy the benefits of theillegal proceeds without being detected; AND

To reinvest the criminal proceeds into future criminalactivity or in legitimate business.

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MONEY LAUNDERING TECHNIQUES

1. Bank deposits

2. Loan back3. Gambling Fronts

4. False invoicing

5. Foreign business / stock, real estates

6. Direct investments7. Travels agents

8. Money exchange houses

9. Currency smuggling

10. Charitable clubs, societies

11. Corporate applicants

12. Insurance purchasing of insurance policy

13. Credit card usage

14. Criminal Banking

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1. Bank Deposit:Individual applicants / suitcase of cash

Opening of fresh account with huge sum of cashderived from illegitimate sources.

Verification of identity of applicants

Opening of account using false identity (addicts,vagabond, dead person etc ).

Clients accounts in legal firme.g. Fictitious sales & purchase agreement ofproperties.

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Transactions undertaken for non account holder(occasional customers)

eg: dormant account with sudden transaction ofhuge amount of money (change in transactionpattern);

Wire transfereg: multiple transactions of money domestically /internationally;

Correspondent accountseg: opening of multiple accounts belonging to variouscompanies of the same person corresponding to eachother to close the money trail.

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2. Loan Backuse stashed money as collateral in foreign bank for legitimateloan.

3. Gambling FrontsCasino : changing cash into cash chips and cashing out aswinning.

Deposit money into gambling accounts : launderers makehuge deposit into gambling accounts and casino locally &internationally and latter receive payouts as winnings.

Make out cheques to third party payees :account holder(launderer) in casino instruct casino to make payment to

third party who declares as winning.

Deposit cheques in securities firms: Launderer make paymentto third party securities account. It legitimize the money andreceive pay back from third party as profits or loans.

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4. False Invoicingselling goods or services artificially. Invoices are created fornon existing business transactions.

5. Foreign Business / Stock, Real EstatesClaiming illegal proceeds as profits from successful foreignbusiness or real estate transaction. Launderer derives ill-gottengains from foreign illegal activities. Money channel back to

homeland as legitimate profit.

6. Direct InvestmentBuy over failing businesses:Launderers buy over failingbusinesses and create fictitious transaction i. e. boutiques, car

accessories, high end restaurant, stationary shops.

Shell companies: creating multiple companies that doesfictitious business transactions amongst them. These multiplecompanies belongs to the same person.

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7. Travel AgentsSetting of travel agencies locally and overseas, profiteering

through inflated number of inbound / outbound tourist.

8. Money Exchange HouseNon physical movement of money between two (2) destinationsthrough tourists or individuals, known as alternativeremittance system (ARS) which operates outside of traditionalbanking or financial channel. (HAWALA System)

9. Currency SmugglingSmuggling of hard cash by way of carrying themselves or byCouriers.

10. Charitable Clubs / SocietiesSetting up of so called charitable clubs or societies locally orabroad to use as a vehicle to move the money.

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11. Corporate ApplicantUsage of company accounts as vehicle to acquire propertiese.g. buying of luxury properties under companys name.

12. Insurance Purchasing of insurance policyPurchase of high premium policy and paying in advance thepremiums. Surrender the policy before maturity to receiverefund of balance premiums.

13. Credit Card UsageTo disguise launderers expenditure by using supplementarycard or corporate issuance.

14. Criminal BankingA much more serious obstacle to curb money laundering iswhere an entire bank or key sections of it, is either capturedby criminals or the bank is in search of profit openlyapproaches money launderers.

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RMP IN ACTION

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LEGAL FRAMEWORK OFANTI-MONEY LAUNDERING IMPLEMENTATION

APPROACH

Adopts a non-integrated approach that provides for multi-agency implementation bythe Financial Intelligence Unit (FIU) in Bank Negara Malaysia, the regulatory andsupervisory authorities of reporting institutions as well as law enforcementagencies.

Supervisory andRegulatory

Authorities

Reporting

Institutions

EnforcementAgencies

Foreign FIUs

Minister of

Finance

FIU

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Royal Malaysia Police (PDRM)

Bank Negara Malaysia (BNM) Malaysia Anti-Corruption Commission (MACC)

Attorney-General Chambers (AGC)

Companies Commissions of Malaysia (SSM)

Inland Revenue Board (LHDN)

Labuan Financial Services Authority (Labuan FSA)

Ministry of Finance (MOF)

Ministry of Home (KDN)

Ministry of Foreign Affairs

Domestic Trade and Consumers Affairs Ministry

(KPDNKK) Royal Malaysian Customs (KDRM) Securities Commission (SC)

Ministry of Housing and Local Government

ENFORCEMENT AGENCIES:

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RMP IN ACTION

Like other enforcement agencies, the Malaysian policeforce has also established AMLA units to track theunderworlds money trail.

Federal Commercial Crimes Department has gonethrough a major expansion program, inclusive ofestablished the Anti-Money Laundering InvestigationDivision in year 2005.

In March 2009. a new department called SPECIAL TASKFORCE (OPERATION / COUNTER TERRORISM)wasestablished. Core business handling of Terrorists,Money Laundering & Terrorism Financing.

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RMP IN ACTION SOLUTIONS???

Best ways to counter money laundering- creating legislative solutions that are

capable of improving the fight againstorganized crime.

Two types of solution:

- Legislative measures;

- New laws aimed directly and exclusively ateliminating organized crime.

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RMP IN ACTION SOLUTIONS???

Member of organized crime have two goals:

Power and Money.

To be efficient, new legislation - undermined their powerand impoverish them while reducing the cost of policeinvestigations and legal procedures.

Various intermediate measures aimed at reaching

criminals, facilitating seizures, and confiscation ofproceeds of criminal activities, and improving theadministration of justice need to be implemented.

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RMP IN ACTION SOLUTIONS!!!

Pre-emptive measures by RMP to combat Money Laundering:

- Strengthen international cooperation on information exchangeand law enforcement relating to money laundering (Interpol /KAB);

- Proper mechanism for handling STR;- Limited human resources involved labor intensive / time

consuming work of investigating suspected violations should beincreased;

- In-depth focus on new technologies and increases in countermeasures to combat money laundering;

- Training program to facilitate the investigation of up-risingmoney laundering cases; and- To improve and updating its investigation manuals.

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RMP IN ACTION SOLUTIONS!!!

The ROYAL MALAYSIA POLICE (RMP) werebecoming more confident that they had anadequate response to the global issues of MoneyLaundering.

Since 2008 till middle of 2011, RMP werereporting a significant rise in the number of cases

investigated under AMLATFA 2001, a total of 260cases.

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CASE STUDY

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CASE STUDY

The AMLATFA 2001 was finally tested in April2004 when the Malaysian Sessions Courtallowed an application by the prosecution to

jointly prosecute a woman doctor on eightcharges of money laundering.

Dr Hamimah Idruss, 62 made history to become

the first person in the country to be chargedfor money laundering under the act.

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INVENT Q JAYA (IQJ)

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INVENT-Q JAYA (IQJ)

OFFENCE : SEC. 4(1)(a) AMLATFA 2001SUSPECT : DR SADEQ FARIS CEO IQJ

FACTS OF THE CASE:MALAYSIA GOVERNMENT THROUGH MOF INVESTED INTO ABUSINESS AT MSC TO PURCHASE EIGHT HIGH-TECH PATENTS FROMA COMPANY; REVEO INC. IN USA.

THE (8) TECHNOLOGIES ARE;1) METAL-AIR TECHNOLOGY2) 3D STEREOSCOPIC IMAGING TECH.3) CLC BASE SWITCHABLE WINDOWS (LUXVU)4) CLC SECURITY PIGMENT5) CLC - BASED MULTILAYERED OPTICAL STORAGE6) OXYGEN GENERATION AND REMOVAL (PUROGEN)7) LIGHT TRACKING AND ATTENUATION (GLARE

BLOCKING)8) WATER DESALINATION

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AS THE INVESTIGATION CONDUCTED REVEALED THE EIGHTTECHNOLOGIES THAT CLAIMED TO BE A HIGH-TECH PRODUCTARE NOT-VIABLE. PAYMENT BEEN PAID BY MOF TO ROVEO (USA)LTD., FRAZER NASH, AND REVEO BANGALORE.

ACTIONS:

SEIZURE OF RM 56 MILLION (CASH);

SEIZURE OF IQJ (BUSINESS); SEIZURE OF FURNITURES AND HOUSE HOLDS

AMOUNTING TO RM 2 MILLION.

STATUS OF INVESTIGATION PAPER:

(2) WARRANTS OF ARREST AGAINST DR SADEQ CEO OF IQJWAS ISSUED.

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METHOD USED:

1. Bank Deposit

- Upon receiving a total sum of RM 247 million fromMalaysia Government, suspect wire-transferred thosefunds to 3 foreign bank accounts in USA throughseveral transactions.

- Then, Suspect, channeled back RM 120 million toIQJs bank account in Malaysia.

- Through IQJs account, suspect uses part of themoney to acquire assets and properties such as

luxury cars, high end furniture etc.

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2. Investment:

- RM 80 million had been used to purchase and

installed nanotech laboratory for research anddevelopment purposes in two factory owned by IQJ inMSC Cyberjaya and Kota Kemuning Industrial Park.

3. Corporate Account

- Suspect uses IQJs account to rent a luxurious condoand purchased several furniture but subsequentlyclaimed that the money used were part of theinvestment expenditures.

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PRINCE OMAR YUSOF

OFFENCE : SEC. 4(1)(a) AMLATFA 2001

SUSPECT : PRINCE OMAR YUSUF

FACTS OF THE CASE:

SUSPECT COMMITTED CRIMINAL BREACH OF TRUST. ILL-GOTTEN

GAIN OF RM 5.5 MILLION HAD BEEN USED BY SUSPECT TOPURCHASE LUXURY CARS INCLUDING LAMBORGHINI, MASSERATIAND TOYOTA ALPHARD BESIDES A SPEED BOAT (SILVER BIRD).

SUSPECT ABSCONDED. FORFEITURE OF PROPERTY AMOUNTING

TO RM 1.5 MILLION. CASE SOLVED.

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METHOD USED:

1. Bank Deposit

- A total sum of RM 5.5 million had beencredited to a company in Malaysia owned bysuspect and his companion from Indonesia.

- Suspect, then, forged his share-partnerssignature and issued out several chequesamounting to RM 5.5 million made payableto one of his company in Malaysia.

- Upon received those money, suspect usesthe money to acquire assets and propertiessuch as luxury cars, high end furniture etc.

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MBB GOMBAK

OFFENCE : SEC. 4(1)(a) AMLATFA 2001SUSPECTS : MBB FINANCIAL EXECUTIVE

FACTS OF THE CASE:

SUSPECTS TRANSFERRED RM 4 MILLION FROM UNCLAIMEDACCOUNT. SUSPECT BELIEVED TO COMMIT MONEYLAUNDERING ACTIVITIES BY PURCHASING ASSETS ANDPROPERTIES, AND SPENDING HOLIDAY VACATION FROM HISILLEGAL PROCEEDS.

CONVICTED AND SENTENCED TO JAIL FOR A DURATION OF 11YEARS AND FINES RM 900,000.00++. CASE SOLVED.

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METHOD USED:

1. Bank Deposit- A total sum of RM 4 million from anunclaimed account had been withdrawn bysuspect and credited into his own account inMBB.

- Suspect, then, upon obtained such ill-gottengained, uses those money to purchase twocars, one apartment and some luxuriousfurniture.

- Too, suspect uses part of the money forspending a holiday vacation in Europe andperformed Umrah.

G C SC

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GET-RICH SCHEMEOFFENCE : SEC. 4(1)(a) AMLATFA 2001SUSPECTS : XXXSTAR SDN BHD

FACTS OF THE CASE:SUSPECTS INVENTED ONE INVESTMENT SCHEME FAMILY,FRIENDS, AND STAR SCHEME AMOUNTING TO RM 14,000.00,RM 25,000.00 AND RM 41,000.00 RESPECTIVELY.

INVESTMENT WAS PAID THROUGH PERSONAL LOAN GRANTEDFROM VARIOUS BANK BSN, BANK RAKYAT, CIMB, RHB, MBSM,(AL RAJHI???) ETC. NEW MEMBERS ARE PERSUADED OR EVENFORCED TO SIGN UP FOR SUCH LOAN WITH OR WITHOUT

THEIR KNOWLEDGE / CONSENT.

ONCE LOAN APPROVED AND CREDITED INTO MEMBERSACCOUNT, SUSPECTS ACCOMPANIED MEMBER TO WITHDRAWMONEY TO PAY INVESTMENT SCHEME

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METHOD USED:

1. Bank Deposit- A total sum of RM 15 - 20 million believed tobe invested into such scheme that creditedinto suspects account XXXSTAR SDN BHD invarious bank.

- Suspect, then, upon received such ill-gottengained, uses those money to purchaseluxurious cars, houses, apartment and etcfor their own benefits.

- With those luxurious cars and facilities, usedas attractive baits to persuade moremembers to join that scheme.

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CHALLENGES:MOVING BACKWARD OR

MOVING FORWARD

HOW MONEY BEEN LAUNDERED ?

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What did he do with that money? is the fundamentalquestion which needs to be asked by investigators inrespect of acquisitive crime.

This is because,

- Firstly, evidence necessary to ground moneylaundering charges against the defendant;

- Secondly, evidence may be necessary toobtain a confiscation order against him or a

recovery order against his property.

HOW MONEY BEEN LAUNDERED ?

CURRENT STATE OF ART

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CURRENT STATE OF ART

Existing anti-money laundering legislation is mostlybackward looking. Focus on the proceed of crimesthat have been committed;

- Engaging in convoluted transactions, commingling

with other funds, converting into cash, or puttingit in third party names.

Emphasis on the past on looking backwards to see

source of money and how criminal is trying to disguisethat source.

SO WHATS THE PROBLEM

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SO, WHATS THE PROBLEM

What about criminals who are using CLEANMONEY or money from unknown source tocommit crimes in the futures???

Are they capable of using the same launderingtechniques???

- money is moved in and out of different

accounts to finance new criminaloperations and enterprise

THE REAL PROBLEM!!!

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THE REAL PROBLEM!!!

For instance, financing of terrorism:

- Attacks of 911 were financed with cash & wiretransfer from abroad.

- Money may have had a legitimate origin or

perfectly clean funds.- If focus only on source of money movingthrough financial channels, this will becompletely missed

Money fromMoney Changer

in UAE

CorrespondenceAccount at New

York

Money creditedto HijackersAccount in

Florida

WHATS NEW

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WHATS NEW

A new form of money laundering involves notthe proceeds of past crimes, but moneyintended to be used to commit crimes in thefuture;

REVERSE MONEY LAUNDERINGProcess of conducting financial transactionswith clean money for the purpose of concealing

or disguising the future use of that money tocommit a criminal act.

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CONCLUSION

MALAYSIAS INITIATIVES

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Malaysia is not a regional centre for moneylaundering.

However, its formal and informal financial sectors arevulnerable to abuse by money launderer in general.

- relatively relaxed customs inspection atports of entry and FTZs;

- uneven enforcement of intellectual propertyrights; and

- offshore financial services centre serve toincrease its vulnerability.


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To circumvent this, Malaysia has been progressivelyconstructing a comprehensive AML regime, beginningwith the establishment of the NCC in 2000;

Drafting of the AMLA, which came into effect inJanuary 2002 along with the establishment of theFIU;

Admitted as a member of the Egmont Group ofFIUsin July 2003;

The Mutual Assistance in Criminal Matters Bill was

passed in April 2002; Amendments were made to the AMLA - AMLATFA that

came into force in 2007; and

The SEARCCT was in turn opened in August 2003.


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With these initiatives, Malaysia continues to make abroad and sustained effort to combat moneylaundering and terrorist financing flows within itsborders;

Malaysia has been praised for its concerted efforts inreducing money laundering;

Asia Pacific Group (APG) on Money Laundering and theInternational Monetary Fund have viewed Malaysias

AML initiatives as positive and proactive (MIA, 2004,October).

QA

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QUESTIONS / DISCUSSIONS ????

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Insp. Mohd Noor Firdauz Bin AbdullahAMLA Investigating Officer

Special Task Force(Operation / Counter Terrorism)

Bukit Aman

Email: [email protected]

Tel: 017-3334454
mailto:[email protected]:[email protected]

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