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«Practical Issues in Investigating Corruption Crimes linked with Money Laundering Cases in Estonia (example of Virumaa county) Mr. Kalmer Kask ...»

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 A wider audit of Businessman А.’s activities was initiated. It was found that he had requested a permit to design and build an individual house for his personal use. The said house was built on the land which until now is owned by the state. It was determined that the house in question was erected unlawfully since all the required permits were, in fact, forged. The construction firm was found. It became known that when the house was being built people saw there the workers from the enterprise into the account of which the firm owned by Businessman А. had transferred more than a million EEK. The auditor provided the inquest with a number of documents relevant to the case which reflected the relations existing between the firm owned by Businessman А. and the construction company. When the latter was requested to provide the explanations, they changed the documents which now showed that the work in question had been done in a different town. Thus, the case investigator had a number of documents belonging to two different versions of what had allegedly happened.

 Little by little the inquest was discovering the links and ties between different enterprises and shadow firms. The courts had provided the economic annual reports. The bank had provided the IP-addresses used for Internet-banking when making suspicious transfers. This search in some case had revealed the accountant of the enterprise engaged in the sale of shell companies who was effecting these transfers from his computer.

 Insofar as it was possible, the inquest had found the former and present-day BoD members of the shadow firms involved in the transfers. Most of the questioned witnesses had confirmed their status as sheer figureheads and failed to explain what their firms were actually doing for business. Some attempted to supply a prepared legend but their statements could not be confirmed by existing documents and witness testimonies (which abounded in essential contradictions).

 It was found that figureheads allegedly in charge of the shadow firms managements (all of them had quite a picturesque past) agreed to become members of the BoD for many different reasons (some needed money to buy drugs, some were paying debts after buying an apartment, some were promised a good job at construction sites, etc.) One of the most proactive figureheads was registered in the managing boards of more than 40 enterprises in Estonia, the Ukraine, Russia and Bulgaria.

 The inquest had questioned a representative on the enterprise engaged in the sale of „shell companies“. The said person explained that their archives had been temporarily moved to the warehouse while being stored in unmarked boxes, as their archive room was being renovated.

Since it was nearly impossible to find anything at their warehouse, the search for the requested documents might take an indefinitely long time. The staff who handled the sale of the shell companies in question was not working there anymore, that is why it was impossible to find out who were the buyers of these specific “shell-co’s”. The email correspondence did exist in some computers, but later the computers were changed and the email archives were completely lost.

During forensic search on the office of the enterprise engaged in the sale of „shell companies“ an email containing a directive to replace a ’blacklisted’ figurehead in all related registration documents was found on some of the office computers.

4. The Charges in this Case

 Businessman А. – sale of influence, money laundering, forgery  Shadow firms, enterprises, the seller of „shell companies“, their representatives (in some instances) – money laundering or assistance therein, forgery  Executive Director of the Subsidiary – forgery

5. Main Challenges

 There is some information that Businessman А. was able to transfer more than € 1,000,000 via Cyprus and Russia into some foreign banks, but, unfortunately, the inquest could not to collect more exact evidence thereupon.

 The antisocial way of life that many figureheads are leading makes it very difficult to find and question them as witnesses. Most shadow firms do not have even a rudimentary bookkeeping, while members of their managing boards cannot say anything even barely coherent nor of their deals nor of the persons who had hired them. It is extremely complicated and difficult to retrace the path leading to the ‘masterminds’ standing behind these figureheads and firms operating through fictitious accounts, since there is almost no evidence indicating who they are, as they masterfully conceal their identity. Most pieces of evidence concerning those masterminds are only circumstantial.

 Often, the inquest has failed to perform their forensic searches simultaneously at all required locations (even though this is critical for their success), owing to which two enterprises involved in the criminal scheme were able to dispose of possibly incriminating accounting documents relevant to the case in question. Besides, after the initiation of criminal proceedings one of the enterprises previously officially owned by Businessman А. was then re-registered in the name of a person permanently domiciled in Russia. There was a suspicion of possible leakage of information, which failed to receive its final proof.

*** In conclusion: in both above-described cases the results were firstly yielded through finding the documents which could serve as evidence, by performing an in-depth analysis of the documents and accounting data, by searching for witnesses who could testify on what had really happened, and by searching connections in the collected evidence.





These efforts give grounds for those conducting the investigation to make conclusive statements and provides the possibility to bring charges against the suspects and later on – held them liable.

–  –  –

FIU ПФР

Receives Suspicious  Transaction Reports (STRs) получает отчеты об операциях  Analyses Анализирует  Sends moneylaundering cases to law enforcement Передает материалы об отмывании в правоохрану Why? Почему?

FIU helps law enforcement in  corruption cases ПФР помогает правоохране в расследовании дел по коррупции ?

Answer Ответ Because corruption is a predicate  offence (FATF Recommendation 1) Коррупция – предикатное преступление (Рек.1 ФАТФ) Special attention to PEPs (FATF  Recommendation 6) Особое внимание политическим деятелям (Рек.6 ФАТФ) A bit about definition of Politically exposed persons (PEPs)… ? ??

When FIU helps? Когда ПФР поможет?

Detect corruption  Обнаружить коррупцию Find information on  request / Support asset recovery Найти информацию по запросу / Поддержать возврат активов Detection - typical scheme $$$$$ $$ Screening Проверка Check all reports about public officials  Проверка сообщений о госслужащих Compare declarations vs. STRs  Сопоставление деклараций и сообщений об операциях Software Access to databases On request По запросу Search transaction  reports

Поиск по базе

сообщений Get information from  abroad Получить информацию из-за границы $$$$$ ??

–  –  –

Art. 58: States Parties shall cooperate with one another for the purpose of preventing and combating the transfer of proceeds of offences established in accordance with this Convention and of promoting ways and means of recovering such proceeds and, to that end, shall consider establishing a financial intelligence unit to be responsible for receiving, analysing and disseminating to the competent authorities reports of suspicious financial transactions.

As requested by law-enforcement bodies and foreign PFRs conducting of financial investigations connected with incidents of corruption crimes and legalization (laundering) 1 of criminally received proceeds Proactive analysis of information on financial transactions and other informational sources for the purposes of identification of main and concurrent attributes of 2 corruption crimes as well as attributes of legalization (laundering) of criminally received proceeds

COOPERATION WITH CUs

Levels of cooperation:

1) Practical level

• information exchange,

• mutal „actions”.

2) Training level

• courses,

• e-learning platform,

• manual.

–  –  –

COOPERATION WITH CUs

Levels of cooperation:

1) Practical level

• information exchange,

• mutal „actions”.

2) Training level

• courses,

• e-learning platform,

• manual.

–  –  –

Cooperative units are obliged to send to the FIU:

1) Information about transactions or other actions which are presumably tied with the money laundering (art.15a) – all without LEAs.

2) Information on criminal proceedings conducted by LEAs in connection of the ML and FT (art.14).

3) Information and documents concerning suspicious transactions sent on GIFI‟s demand - in writing (art.15).

–  –  –

From the beginning of 2008 to August 2010, the Polish FIU initiated 31 analytical cases which were conducted in strict cooperation with the Police. These cases concern inter alia laundering money stemming from drug trade, thefts, frauds,

fiscal crimes. Their results are following:

11 notifications on suspicious transactions to the • Police, 11 reports on suspicion of money laundering to the • public prosecutors, blockades of 113 accounts belonging to suspicious • persons.

–  –  –

COOPERATION WITH LEAs

Manual

Content of the third edition (issued in 2009):

Ch. I Introduction Ch. II Obligations and powers of obliged institutions with reference to statutory regulations Ch. III Issues on suspicious transactions analysis Ch. IV Co-operation with Polish cooperative units Ch. V Rules of management and criminal responsibility Ch. VI Special restrictive measures Ch. VII International aspects of fighting money laundering and terrorism financing

Department of Financial Information, Ministry of Finance

COOPERATION WITH LEAs

Manual

Chapter III – „Issues on suspicious transactions analysis” in detail:

1. What is money laundering?

2. Stages of money laundering Methods of money laundering (with characteristics, typology 3.

and sanitzed case studies)

4. Risk Area Identification

5. Money laundering through fuel trading transactions

6. Money laundering through scrap metal trading activity

7. Prevention of terrorism financing

8. Picking out transactions

9. Model bank accounts

10. Transaction typology

11. Basic sources of knowledge of transactions and subjects involved

12. STRs from obliged institutions and cooperative units

–  –  –

Moderators: Mr. John J. Leahy Jr., Special Agent International Affairs, U.S. Consulate in Frankfurt Ms. Tanya Khavanska, OECD Anti-Corruption Network for Eastern Europe and Central Asia 10:00 – 13:00 Presentation 1: Proactive detection of corruption Mr. Jay Shapiro, Esq., former prosecutor, White and Williams, LLP, United States Presentation 2: How to conduct successful financial investigations: tracing the movement of money and other assets in criminal cases Mr. Yury Kruty, Special Agent, IRS-Criminal Investigations, U.S. Treasury Department

–  –  –

11:30 – 12:00 Coffee break 12:00 – 13:00 Presentation 3: Use of multi-disciplinary teams involving other agencies, such as tax, accounting, supreme audit, asset declarations, customs, procurement, FIUs and others.



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