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By Abhishek Dadoo
The term "money laundering" is said to originate from Mafia ownership of Laundromats in the United States. Gangsters there were earning huge sums in cash from extortion, prostitution, gambling and bootleg liquor.2 The large proceeds so obtained by means of such illegitimate businesses required the showing of a legitimate source. One of the ways in which they were able to do this was by purchasing externally legitimate businesses and to blend their illicit earnings with the legitimate earnings they received from these businesses. Laundromats were chosen as a front for converting the illegitimate proceeds by these gangsters because laundromats were cash businesses and this was an indubitable advantage. One of the earliest names to have surfaced in relation to money laundering was that of Al Capone.3 Al Capone, however, was prosecuted and convicted in October, 1931 for tax evasion.4 His conviction on the grounds of tax evasion rather than the predicate crimes which generated his illicit income concurs many to dispute the tale that the term „money laundering‟ emerged from this time. It would seem, however, that the conviction of Al Capone for tax evasion may have been the trigger for getting the money laundering business off the ground. Meyer Lansky (also called „the Mob‟s Accountant‟) was particularly affected by the conviction of Capone for something as palpable as tax evasion. Determined that the same fate would not befall him he set about searching for ways to hide money. Before the year was out he had discovered the benefits of numbered Swiss Bank Accounts. This is where the culture of money laundering would seem to have started, with the growth of Lansky as one of the most influential money launderers ever.5 The use of the Swiss facilities gave Lansky the means to incorporate one of the first real laundering techniques, the use of the „loan-back‟ concept, which meant that hitherto illegal money could now be disguised by „loans‟ provided by compliant foreign banks, which could be declared to the „revenue‟ if necessary, and a tax-deduction obtained into the bargain.6 Money laundering is the criminal practice of filtering ill-gotten gains or „dirty‟ money though a series of transactions, so as to portray the funds as „clean‟ and look like proceeds from legal activities. Money laundering is driven by criminal activities and conceals the true source, ownership, or use of funds. The International Monetary Fund had stated that the aggregate size of money laundering in the world could be somewhere between two to five percent of the world‟s gross domestic product whereas the World Bank has estimated money laundering to be US$ 1,000 billion enterprise.7
It is an essential sustenance activity practiced by virtually all profitproducing criminal organizations. precisely what the final stage of the process is designed to achieve.Money laundering refers to the process of concealing financial transactions. Integration. Layering. It is a three stage process. to kidnapping and espionage. b. referred to as “specified unlawful activities. The U. officials and corporations. which leave a definitive paper trail leading directly to the involved parties. a brief explanation of how criminals “legitimize” cash through the traditional money laundering process is essential. These stages can be taken at the same time in the course of a single transaction. is cash. for the simple reason that it renders the trail anonymous. such as checks. Money laundering is an unlawful bustle through which illegitimate proceeds take on the outward appearance of legitimacy. Money is not truly laundered unless it is made to appear sufficiently legitimate that it can be used openly. with their occupational origin hidden from view. Various laundering techniques can be employed by individuals. In the course of this stage. To better understand the process by which money is laundered. The goal of a money laundering operation is usually to hide either the source or the destination of money. It is bulky and difficult to move and constitutes one of the biggest problems faced by a money launderer in the course of money laundering. a launderer may conduct a series of financial transactions in order to build layers between the funds and their illicit source. layering and integration are the three stages through which illegitimate criminal proceeds are laundered. groups. To avoid speculation and links to the crime the criminals abstain from using conventional payment modes. making the funds again available to the instigator. Criminal Code contains more than 100 predicate offenses to the crime of money laundering. Physical currency is made to enter into the financial system during this stage. Layering describes an activity intended to obscure the trail which is left by illegitimate proceeds. Money laundering is a diverse and often multifarious process that need not involve cash transactions. it is here that the illegitimate and illegal proceeds are most vulnerable to detection.S. has its disadvantages. Three common factors identified in laundering operations are firstly. As stated earlierPlacement. but they can also appear in well separable forms one by one as well. The use of illicit proceeds to purchase money orders is an example of placement. The steps are:a. etc. and c. Placement. secondly.” range from narcotics trafficking and financial fraud. moving the funds from direct association with the crime. disguising the trail to foil pursuit.8 Financial transactions often leave a trail to link the funds to the person(s) involved. „For example. therefore. however. The preferred mode of financial transaction.. credit cards. There are also common factors regarding the wide range of methods used by money launderers when they attempt to launder their criminal proceeds. These offenses. Placement is the first stage in the money laundering process. and thirdly. a series of . Physical cash.
‟9 Integration. Electronic transfers of funds are known as wire transfers. The laundering process in countries such as India and Pakistan do not require for the money to enter the formal banking system but is instead transmitted through alternative banking systems such as the "Hawala".‟13 The more automated the banking and financial system becomes. the final stage of the money laundering process requires the illicit funds to be integrated with proceeds from legitimate commercial activities as they enter the mainstream economy.11These parallel banking systems are based on family or gang alliances and reinforced with an unspoken covenant of retributive violence. it is mandatory to note that money laundering can greatly be checked if all banks file appropriate reports in time. Firstly it is difficult to distinguish between objectively suspect . as well as legitimate businesses and individual banking customers to enjoy a swift and nearly peril free channel for moving money between countries. This system generally involves depositing money in one country in exchange for a "chit" or "chop" (seal). There are many tax-haven10 countries indicating that it has soft banking system and no tax or low tax regime. Criminal groups may deposit heavy cash by cheque in some account and withdraw it by debit cards or wire transfers. It is in this context the provisions of IPC have been included in the scheduleof crime.14 There is much disenchantment with suspect transaction being reported. Banks operating staff should monitor suspicious activities/transactions like large deposits immediately followed by wire transfers. It is imperative that the launderer find ways to physically transport hard cash without attracting superfluous attention and alerting Government agencies in the countries of operation. and the remittance of this money in another country on presentation of the chit. These institutions provide great impetus and are a strengthening pillar of the crime of money laundering.12Considering the major role played by banks in the laundering process. The illicit funds thus take on a legitimate appearance. an art of concealing the existence.bank-to-bank funds transfers would constitute layering. The physical world of money laundering has begun to erode. It must be born in mind that illegal money can be moved by all manners of means. The launderers may accomplish this purpose by finding a bank in a country with less stringent banking laws. particularly when they involve funds transfers between tax haven and bank secrecy jurisdictions. Laundering is a physical endeavor. the illegal source. large cash transactions. In Asian countries launderers use legal "underground banking" because it leaves no paper trail. or illegal application of income and to make it appear legitimate. strike an understanding with the bank officials and purchase some property inconspicuously and begin to launder. can make it very difficult for investigators to follow the trail of money. Activities of this nature. the tendency to use electronic transfers to avoid detection is fast gaining ground. Wire transfer systems allow criminal organizations. „Bank's role in preventing money laundering begins with Know Your Customer (KYC) and to watch activities inconsistent with customer's business. changing currency to higher denomination notes etc. the less face-toface contact between clients and employees and greater the holes in the detection unless client information is electronically scanned for abnormal patterns and connections.
Mechanics/Classifications of money laundering: 1) Money laundering is multi-dimensional. Mechanics and Typologies of Money Laundering The term Money Laundering refers to the criminal practice of converting „dirty‟ money by virtue of serial transactions.transactions or those which short of the threshold. are merely suspected. long firm fraud. 15 Ordinary transactions may present vital information as related to laundering money.. Money laundering may. The understanding of the process of money laundering requires comprehensive analysis of the mechanics and typologies involved in the process of money laundering. Some of the techniques of money laundering maybe depicted as follows: . international fraud. its capacity to exploit and influence the legitimate business world and its capacity for internationalization. The huge profits that accrue to these criminals from such areas as drug trafficking. There is a continuous growing apprehension about the extent that money laundering is interlinked with organized crime. In an effort to curtail the activities related to money laundering. and investing the proceeds of criminal conduct. the banks must closely observe the transactions being carried out by suspect customers. Money laundering involves hiding. however. in effect depicting the money as „clean‟ and look like proceeds from legitimate activities. thus the typologies of money laundering are observed at both levels. advance fee fraud. The degree of organization that is displayed in money laundering is of particular concern due to its scale. constituting of both a national as well as an international dimension. a consequence of which is greater integration of financial and banking systems worldwide. but to consolidate the wealth. be practices exclusively on a national level. 2) Money laundering on an international level necessitates it having a national dimension as well. prestige and respectability of the true criminals responsible for the crime of money laundering. 3) Money laundering requires embracing of economic liberalization16. moving. are used not only to strengthen and fortify ongoing operations. Also there exists a possibility of overlap between the national and international dimension of laundering money. etc. Techniques/Typologies of Money Laundering at the National Level: Money laundering is a vibrant and continually evolving process which demands keeping abreast of its latest developments with regard to its techniques and instruments through which it is effected. arms dealing. trafficking in human organs and tissue.
In the securities market. Indian inheritance law permits a married woman to acquire jewellery worth Rs. The key to laundering money by this mode lies in the fraudulent sale of tickets. the participants in this market make money. 4) Casinos: Money laundering is given effect in casinos by way of the launderers taking their proceeds to the casinos and buying large number of casino chips with which they did little or practically no gambling. 7) Securities market: The capitalization of markets is one of the primary ways to mobilize funds for economic growth. 500.17Illegal proceeds may be laundered to this extant by the families of such married women. At the end of the day.1) Retail Businesses: These businesses maybe used as mere fronts where most of the sales disclosed are fictitious. The extant to which fraudulent tickets can be sold is the extent to which money can be laundered. The encashment of these tickets leads to the legitimization of their proceeds. the profits can easily be recorded on paper to launder the illegal proceeds. including health and property insurance. applying for premature encashment of policies at a discounted rate. Owners of such fronts may convert their illegally obtained income into legitimate income by showing sales through the retail business and paying the requisite taxes as applicable. The same technique of money laundering as applicable to retail sale also applies to wholesale businesses. Money launderers acquire lottery tickets from genuine winners by paying them the lottery prize with their illegitimately acquired proceeds. Sale of low value property at highly inflated prices is one such technique. 3) Lottery tickets: The lottery constitutes big business in several countries. A similar technique of legitimizing illegal proceeds is given effect by purchasing winning tickets of racecourses. the launderer conveniently encashes the casino chips passing them off as genuine winnings. 2) Charity Shows: Money laundering by way of organizing charity and entertainment shows constitutes an effective method of money laundering. The markets so capitalized are also known as the stock exchanges. 8) Insurance sectors: Insurance companies offer life insurance and other forms of general insurance. The stock market characterizes as one of its features that as long as the prices of shares moves up or down. Laundering of money is given effect by investing in very expensive insurance policies and after paying a few premiums. 6) Inheritance laws: Laws of inheritance related to jewellery comprise yet another technique of laundering money.000. 5) Property: The sale of property at random prices constitutes an effective way of laundering money. The level to which the price is inflated is the extant to which money is laundered. .
The Government. postal orders. for example: travellers cheques. placement. This scheme prompted huge sums of illegitimately earned income to be pushed into the government machinery. 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. it successfully exploits the provision of reporting international transactions exceeding a certain monetary . needless to say. The government. 10) Indira Vikas Patras: The Indian economy is flooded with a high component of black money. Under these schemes the government facilitates for the people to declare their illegally acquired proceeds on the payment of a certain amount of tax. Placement of Money: The Placement or introduction of illegitimate money in the international money laundering circuit is an indispensable but susceptible maneuver. Smurfing is another effective technique of facilitating placement of illegitimate money in the international circuit. faced the urgent requirement of channeling this huge amount of black money circulation into more productive means for the upbringing and development of the country. The international money laundering circuit essentially comprises of three stages. i.e. introduces amnesty schemes from time to time. etc. therefore. it also becomes extremely difficult. layering and integration whereby illegal money is legitimized. if not impossible. The scheme also provisions for non-inquiry of the source of the money and after payment of tax it becomes legitimate money.The payment of the premature policies received by the insurer is passed on as legitimate money. to unravel the complex web transactions in order to expose the origin of the money that is the proceeds of the crime. The illegitimate proceeds so acquired are placed into the financial system or retail economy or are smuggled out of the country. The Indian government too had implemented such a scheme in the form of the „Indira Vikas Patras‟. Money laundering is a "cash-intensive" business. generating vast amounts of cash from illegal activities (for example. Money is generally introduced into the international circuit of money laundering through financial havens classified as „entry point safe havens‟19. Techniques/Typologies of Money Laundering at the International Level: The international dimension of money laundering is far more effective as compared to the national dimension. These bearer certificates offered to double the investment amount in a matter of six years and more importantly required no identification. This is the first stage in the washing cycle. 9) Amnesty schemes: Money laundering is an offence which is punishable by law but it is no secret that laws against money laundering have not entirely succeeded in curbing its practice. These schemes are introduced to bring black money into the open. street dealing of drugs where payment takes the form of cash in small denominations)18. To achieve this prerogative the Government introduced the Indira Vikas Patras.
The sheer volume of daily transactions and the high scale of anonymity available render the probability of laundering transactions being traced to miniscule. commodity and futures brokers.electronically circling the globe daily. thus money is pushed undetected into the international money circuit. . The purpose of layering is to disassociate the illegal proceeds from the source of the crime by deliberately creating an intricate web of pecuniary transactions aimed at concealing any review trail and the source and ownership of illegal proceeds.000 wire transfers . most of which is legitimate. Integration of money: Integration of money constitutes the final stage in the process of laundering money at the international level. Given that there are over 500. there is the first attempt at concealment or disguise of the source of the ownership of the funds by creating multifaceted layers of financial transactions premeditated to disguise the audit trail and provide obscurity. Popular methods to launderer money at this stage of the fixture include: 21 a) The establishment of anonymous companies in countries where the right to secrecy is guaranteed. Layers are created by moving the illegitimate proceeds in and out of the offshore bank accounts of bearer share shell companies through electronic funds' transfer. it becomes exceptionally difficult to distinguish between the legal and illegal proceeds. purchase of expensive art objects. In addition to legitimizing illegal proceeds the launderers further increase their profits by claiming tax relief on the loan repayments and also charge themselves interest on the credit. The illegitimate cash is converted into valuable security which is of an amount less than the reporting requirement. Integration of the laundered proceeds into the economy is accomplished by the launderer making it materialize as having been legally earned. Other effective modes of placement of money for the purpose of laundering in the international circuit comprises making use of money orders. Money is also laundered by multifarious dealings with stock. use of underground and parallel banking systems and the employ of correspondent banking channels. there isn‟t enough information disclosed on any single wire transfer to know how clean or dirty the money is. The establishers then grant themselves loans out of the laundered money in the course of upcoming legal transactions. therefore providing an excellent way for launderers to move their dirty money20. In the course of layering. Layering of Money: The second stage involved in the process of laundering money in the international circuit is called layering. It is at this stage that the money is integrated into the legitimate economic and financial system and is assimilated with all other chattels in the system.limit.representing in excess of $1 trillion . By this stage.
Thus by manipulating the price of goods for actual or spurious import/export transactions. such purchases may be carried out in many tax havens. The hundi/hawala system has its origin in the Indian subcontinent and in trade related to the Arabs. „chop shop/chitti banking‟ and „black market peso exchange‟24. Income from property or legitimate business assets appears "clean".u-net. Hundi/Hawala System: This system was used by Indians akin to a form of modernday banking in order to assist trade. There are three prime underground banking systems. Complex web of transfers (both domestic and international) makes tracing original source of funds virtually impossible.com/page6_mlmeth. „hundi/hawala‟. Resale of goods/assets. Cash deposited in overseas banking system. Cash exported. and the black market peso exchange system prevalent in Latin America is of recent origin25. Integration Stage False loan repayments or forged invoices used as cover for laundered money. c) A simpler method is to transfer the money to a legitimate bank from a bank owned by the launderers. Cash used to buy high value goods. property or business assets. Source:http://www.html Under ground and parallel banking systems Under ground and parallel banking systems are an efficient and clandestine way of moving money around the world. The table below provides some typical examples encompassing all three stages. Placement Stage Cash paid into bank (sometimes with staff complicity or mixed with proceeds of legitimate business). The „Hundi‟ which means „trust‟ and „Hawala‟ which means „transfer related to money‟ can actually be equated to modern-day . namely. Layering Stage Wire transfers abroad (often using shell companies or funds disguised as proceeds of legitimate business). the chop shop/ chitti banking system has its origin in the traditional Chinese banking practices. money can successfully be laundered.b) The sending of false export-import invoices22 overvaluing goods allows the launderer to move money from one company and country to another with the invoices serving to validate the source of the money sited with financial institutions. The reason these systems are called underground and parallel banking is because they have evolved as a result of traditional banking practices followed by communities in some countries over several centuries 23.laundryman.
The modes adopted by underground bankers are quite eccentric. then this same consignment of diamonds which was exported is smuggled in and out of the country on numerous occasions to show an export on paper against raw diamonds which are continually imported. one consignment of these diamonds is polished and they sent to centers in Europe. these systems when used in conjunction with conventional money laundering. and they do not leave a paper trail and even if they do. to be repatriated as laundered export proceeds. The procedure of laundering money through the diamond trade requires initially the importing of raw diamonds into the country. It is this traditional hundi/hawala banking system which has survived to the present day as an underground banking system. an export realization has to be present. For these underground and parallel banking systems to operate. The simplest example of laundering money through the use of underground and parallel banking systems is that of simulating a fake export of. say. Money laundering laws in India . he would take hundi as a letter of credit. in the form of foreign exchange by way of fronts in the forms of fictitious companies or business associates based abroad. or US$ 9 billion. In such transactions the Hawala route is used to send the stated value of the exports outside the country.28 Until recently no provisions were in place to enforce a duty on either cut and polished diamonds or uncut and raw diamonds.27 The junk that is so exported actually holds negligible value but the stated value of this junk (falsely portrayed as sophisticated machinery) is represented by a huge sum. and the second is that they annihilate or obscure the paper trail. communication of data from one underground banker to another has to take place. These systems offer two great advantages for laundering money. The underground and parallel banking systems are useful for laundering money in countries with exchange control as well as in countries without exchange control.letters of credit. although there has been a certain degree of control over its trade activities. the first being that they eliminate the physical movement of money. while the thing being exported is actually junk. cut and polished and sold in the black market instead of being exported. they render it vague. thus facilitating trade between the two regions. For each import of raw diamonds and for each consignment of smuggled diamonds that has been re-exported. Thus. Perhaps the most appealing design of money laundering through underground and parallel banking is that related to the diamond trade in India. for this purpose money is sent out through the Hawala route.26 In earlier times if a trader was going from one town to another. highly sophisticated machinery. it is by way of this export realization in foreign exchange through this route that the premium earned in the black market sale of diamonds is laundered. make the task of tracking down the laundered money or even the launderer virtually impossible. which runs into 400 billion INR.
1989. declaring money-laundering to be an extraditable offense. 5) The United Nations in the Special Session on countering World Drug Problem Together concluded on the 8th to 10th June. enunciated in 1989. The Financial Action Task Force established at the summit of seven major industrial nations. or involved in. which provide the foundation material for comprehensive legislation to combat the problem of money-laundering. approved by the Indian Parliament on 28 November 2002. The initiates taken by the international community include the following:30 1. calls for prevention of laundering of proceeds of drug crimes and other connected activities and confiscation of proceeds derived from such offense. but also to its integrity and sovereignty. Some of the important heads arei. and promoting international co-operation in investigation of moneylaundering. 1998 has made another declaration . inter alia.“An Act to prevent money laundering and to provide for confiscation of property derived from. held in Paris from 14th-16th July. calls upon the member States to develop mechanism to prevent financial institutions from being used for laundering of drug related money and enactment of legislation to prevent such laundering. This realization had instigated the international community to take up initiatives to obviate such threats. to which India is a party. money laundering and for matters connected therewith or incidental thereto. 3. iii. 2002‟. to work out modalities of disclosure by financial institutions regarding portable transactions. iv. The Basel Statement of Principles. v. outlined basic policies and procedures that banks should follow in order to assist the law enforcement agencies in tackling the problems of money laundering. declaration of laundering of monies carried through serious crimes of criminal offense. ii. S-17/2 of 23rd February 1990. 4) The Political Declaration and Global Programme of Action adopted by United Nations General Assembly by its Resolution No. to examine the problem of money laundering has made forty recommendations. The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. 2. Laundering of money poses a serious threat not only to the financial system of the country. confiscation of the proceeds of crime.”29 Money laundering laws in India are governed by the provisions of the „Prevention of Money Laundering Act. The recommendations were classified under various heads.
Prudential risks to the soundness of financial institutions and financial system. The Bill was passed taking into consideration some of the recommendations put forth by the committee but soon was sent back for further improvement.31 Among the negative effects of money laundering on countries are a full range of severe macro economic consequences. [International Monetary Fund] Money laundering organizations are equipped with huge resources at their disposal. This may lead to the eviction of less equipped competitors and giving rise to monopoly. Money laundering can have a dampening effect on foreign direct investment. v. Unpredictable changes in money demand. Increased volatility of international capital flows and exchange rates due to unanticipated cross-border transfers. intimidation and corruption.. these organized groups may indulge into price-cutting. 1998. iii. stock market etc. The Bill after several such modifications and improvements of its provisions by the subcommittee was presented before the Parliament for enactment as law. controlled by a few. Contamination effect on legal financial transactions. thereby destabilizing the economy further. Furthermore. 33 Money laundering not only threatens the financial system of a country by taking away .regarding the need to combat money-laundering. The urgent need for curbing the crime of money laundering in India by way of enactment of a comprehensive legislature was given great impetus by the above stated initiatives of the international community. It has the capacity to emerge as a parallel economic system. which presented its report to the Lok Sabha on 4th March. Money-laundering poses a serious threat to financial system integrity and has the ability to destabilize and perish a sound economy. such as:32 i. The Bill was referred to the Standing Committee on Finance. if a country‟s commercial and financial sectors are perceived to be under the control and influence of organized crime. the economy may get distorted. India is a signatory to this declaration. insurance. within a nation. If such circumstances arise in strategic sectors such as banking. 1999 with certain recommendations. the United Nations resolution passed by its member-states in June 1998 to adopt national money laundering legislation and programmes gave rise to the formulation of the Prevention of Money-laundering Bill. The existence of money laundering in large scale in an economy would blunt the planning tools. 1998 in the Lok Sabha on the 4th of August. under charging. ii. iv.
command of the economic policy from the government. in trying to replace explicit export subsidiary regimes with exportfastening regimes. also began to faster money laundering. which integrate markets and faster movement of money and currency at dramatic speed. including narcotic for the Government of India. tax-evasion. There are problems associated with reforms of financial systems. Singh. most emerging markets reform the financial system. are all required to function in a synchronized manner. It is for this purpose and others. Fourthly. Thirdly. provides a great opportunity. like prevention and control of the fundamental crimes related to the Indian Penal Code. 1998. corruption. Secondly. New York on 10th June. Money laundering cannot be confronted in an isolated sense. international cooperation on matters such as investigation and extradition treaties and the role of banks and other financial organizations in helping curb the activities related to laundering money. the scope of money laundering has been seen to be dramatically enhanced.34 Firstly. and a threat for money laundering to occur as emerging markets gradually relax their exchange control regime. 2002 . smuggling. their financial system thus becoming increasingly deregulated. by preventing the proceeds obtained through such crimes.. Mr. tax evasion and other criminal activities. Coupled with this are rapid technological changes. in many economies which are gradually privatizing their public monopolies. but also deteriorates the moral and social standing of the society by exposing it to activities such as drug trafficking. and integration of capital markets. pointed out that there are four important dimensions in which money laundering directly impinges on the deregulation process. in panel discussions held at the United Nations. which is a normal process which most emerging markets adopt. 2002 has been enacted. N.K. Permanent Secretary for Taxation and Revenue matters. emerging markets must be wary that expert-fastening regimes do not provide an alibi for money laundering. issues concerning judicial processes. prostitution. moving towards greater current account convertibility and then embracing full account convertibility. Prevention of money laundering Act. Concomitant symmetrical reform also takes place in capital markets. There are many examples where emerging markets. from entering into the mainstream of the economy which is prone to be used for similar crimes. etc. narcotics. that the Prevention of Money Laundering Act.
search and seizure are laid down undersections 15. or b. 16 & 17 of the Act. financial institutions and intermediaries to maintain a record of all such transactions or series of transactions. A certain degree of autonomy is provided under Section 18 of the Act which empowers the specified authority to arrest any person. Dealing with a crime as serious as money laundering often requires the use of force and some degree of autonomous functioning. It is also proposed that they would be required to provide details of these transactions to the Director appointed (under the provisions of the Act) within the prescribed time and the manner. Provision for retention of property seized in search and seizure proceedings are made under section 19 of the Act. The provisions for attachment and adjudication of property involved in Money-laundering are made under section 5-10 of the Act. In the case offences related to drugs. owns. it is pertinent that the definition of "proceeds of crime" be understood first. conceals or aids in concealment of the proceeds of crime.’35 „Money laundering‟ is defined under Section 3 of the Prevention of Money Laundering Act. The definition of money laundering reads as follows:36 Whoever a. processes or transfers any proceeds of crime. 2002. enter into any transaction which is related to proceeds of crime either directly or indirectly. This section of the Act lays down that any person found guilty of money laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years and which may extend to seven years and shall also be liable to pay fine which may extend to Rs. commits the offence of money laundering.‘Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offense of money laundering. The crime of money laundering is a punishable offence under section 4 of the Prevention of Money Laundering Act.5 lakhs. the nature and value of which is prescribed by the Central Government. To understanding the definition of money laundering. . by any person as a result of criminal activity relating to a scheduled offence or the value of any such property. Provisions for conducting survey. 2002. "Proceeds of crime" is defined under section 2(u) of the Act as any property derived or obtained. It shall also be requisite for these institutions to validate and preserve the records of identity of all its clients in the prescribed manner for a period of five years from the date of cessation of transactions between them. or c. acquires. Section 11 of the Act proposes to make it obligatory for the banking companies. the maximum sentence is extended to ten years. directly or indirectly.
Organized crimes syndicates dealing with drug trafficking. long firm fraud. Conclusion Money laundering is a captivating method of wealth fabrication adopted on a large scale mainly by drug dealers. The deep inter-linkage between the crime of money laundering and organized crime make it not only a threat to the economy but also a threat to the security and peace of a country. terrorists. The largely unchecked growth of the Internet presents what has been described as the "Armageddon scenario of banking on the `Net . however.37 Money laundering is a burgeoning threat to the international economy. The sheer applicability of the crime of laundering money makes it one of the largest businesses in the world today.criminals could have money transferred without any audit trail"38. The crime of money laundering. virtually impossible.whom they suspect of having committed on offence under Act. However. that he possesses no such guilty state of mind. advance fee fraud. Criminals throughout history have had to hide the source of newly acquired wealth in order to escape prosecution for the predicate crime. A noteworthy provision of the Act is its presumption clause which is stated under section 23 of the Act. which makes the task of authorities prone to curb money laundering. arms dealers. smugglers. The practice of money laundering is essentially based on a few defined principles of the crime which remains largely invariable. the scale of the problem has escalated out of all proportion. which provides that the proposed Act is to have overriding effect over other laws that are in force for the time being. fraudsters. It means that the person charged with money laundering is assumed to have a culpable or guilty state of mind and it is he who has to prove. arms dealing. with on obligation to produce him before a Judicial Magistrate within twenty four hours. It states that the onus of „mens rea‟ is not on the prosecution. beyond reasonable doubt. trafficking in . international fraud. but the technological developments related to the modes of laundering money are increasingly becoming more and more sophisticated and meandering. is my no means beyond the reach of a common who too can launder illegal proceeds depending on his resources. Former US Secretary of State George Shultz summed it up when he stated: "Today‟s criminals make the Capone crowd and the old Mafia look like small time crooks". 2002 is established under section 70. It is essential for requisite authorities to ensure that the legislation related to money laundering is continually updated and kept abreast of the latest development related to the modes of laundering money. extortionists and tax-evaders. The independence and dependability of the Prevention of Money Laundering Act.
Black markets. V. last visited on 25thOct. 2004. The proceeds so obtained and laundered. last visited on 25th Oct.pdf. „Fighting the Menace of Money Laundering‟. ‘Crime and Money Laundering. last visited on 5th December 2005.com/0_media_room/events/200501Jan/Anti-MoneyLaundering.rand. „Money Laundering.html. Current Publications. draw exorbitant amounts as proceeds of their illegal activities.tcs. is highly sophisticated and complex. „Wages of Crime.human organs and tissue. etc. These apprehensions have led to strenuous international reactions against this fast evolving menace called Money Laundering. Naylor.com. Trehan.chap1.. . last visited on 5th December 2005.ac.com/features/220302-fpj.samachar.htm. Anonymous. available online athttp://www. Illegal Finance and the Underworld Economy’. TATA Consultancy Services. at its most developed.pdf/MR965. Free Press Journal.. available online at http://www.2002’. 2004. Anonymous. are used not only to facilitate ongoing operations.u-net.html.T.. „Tenth Annual International Money Laundering Conference and Exhibition ()2-4 march.ex. Bibliography Shah. 2005). but to consolidate the wealth. T.uk/~RDavies/arian/scandals/launder. (held on Saturday.laundryman. . B.The Indian Perspective’. 2006. available online at http://www. 2005. ‘Commentaries on Prevention of Money Laundering Act. Anonymous. Cornell University Press. 2005‟ available online at http://www. January 22nd.. Jyoti.Recommendations‟.org/publications/MR/MR965/MR965. Money laundering can be defined as a very particular kind of somber criminal activity which. 2005 Shah. R. available online at http://www. its capacity to exploit and influence the legitimate business world and its capacity for internationalization39. The degree of organization that is displayed in money laundering is therefore of particular concern because of its scale. 1st Edition. Steel. „Money Laundering‟. prestige and respectability of those in control of the criminal business.K. „IBA-TCS Joint Seminar on Anti-Money Laundering‟.S. last visited on 6th December 2005. Billy‟s Money Laundering Information Website. Oxford University Press.
* The National University of Juridical Sciences.chap2. 8 http://www. ‘Crime and Money Laundering-The Indian Perspective’.vakilno1. Adjudication and Confiscation‟.com/what-is-moneylaundering. last visited on 6th December 2005. B. Jyoti.wisegeek. (Bill No.pdf/MR965. The Prevention of Money-laundering Bill.com/bareacts/prevofmoneylaundering/prevmoneylaund. 1 Steel.htm?referrer=adwords_campaign=moneylaundering_ad=010262&_sear ch_kw=money%20laundering. 6 Ibid.pdf 9 Supra note 8. last visited on 6th December 2005. India. Anonymous. available online at http://www.com/page1_hist. „Offence of Money-laundering & Attachment. Kolkata. „What is Money Laundering?‟ available online at http://www. 2 Ibid.htm . 3 4 Ibid.1999.rand.u-net.Anonymous. . 72 of 1999) available online athttp://www. 5 Supra note 1. „Billy‟s Money Laundering Information Website‟.html. pp-99. Ibid.laundryman. 7 Tehran.org/publications/MR/MR965/MR965.
11 Shah . available online at http://www. pp.hence they are also called tax havens.samachar. available at http://www. .u-net.laundryman.. K.10 Supra note 7.94. pp-106. pp-111.html 12 Ibid. B. 17 Supra note 7. 14 Ibid. pp-103. 16 Supra note 7.V. „Billy’s Money Laundering Information Website‟. 13 Ibid. One of the major benefits offered by offshore jurisdictions is that they are zero tax jurisdictions or impose a nominal amount of tax.html 19 Supra note 7. Several multinationals have their holding companies in these tax havens in order to avoid paying heavy taxes in countries where they are conducting the major part of their business activities. 15 Ibid. 18 Steel.com/features/220302-fpj. Fighting the Menace of money laundering.com/page5_mlstgs.
pp-26. pp-65. pp-119. 31 Supra note 28. 23 Supra note 7. 29 objective of the Prevention of Money Laundering Act as stated by Shah..20 Supra note 18. T. 21 Ibid. 26 Ibid. 27 Supra note 7. . ‘Commentaries on Prevention of Money Laundering Act. pp-127 28 Ibid. Supra note 7. 25 Ibid. pp-114.S.2002’. 22 (Pricing of goods in international trade is more commonly known as „invoicing‟). 24 Ibid. 30 Ibid.
35 The Prevention of Money Laundering Act. pg. 34 Supra note 28. pp-58.32 Ibid 33 Ibid. 39 Supra note 36.com/page14_conclusions. . Part 4.u-net. „Billy’s Money Laundering Information Website‟. pp-65. 36 Supra note 28.html 38 Ibid. 37 Steel. 2002.laundryman. available online at http://www. B.57.