News

USIS Washington File

26 April 2000

Text: Treasury's Johnson on Fighting Money Laundering

(Highlights need for public/private partnership)  (2400)

Treasury Under Secretary for Enforcement James Johnson says the U.S.
National Money Laundering Strategy for 2000 attacks the crime from
three angles -- domestic enforcement, partnerships of banks and
financial institutions with state and local governments, and
international cooperation to undermine foreign jurisdictions that
offer no-questions-asked banking services.

Johnson told bankers in New York City April 25 that the cooperation of
banks and financial institutions with banking regulatory agencies is
crucial for the money laundering strategy to work.

The U.S. banking regulatory agencies will start focusing their
resources on institutions that are most susceptible to money
laundering, Johnson said. He identified high risk areas as private
banking, payable through accounts and wire transfer activity. Johnson
said bank regulators are developing procedures to address new trends
in electronic banking and foreign correspondent accounts.

Johnson said a first area of attack will be the Black Market Peso
Exchange that allows Colombian narcotics traffickers to process as
much as $5,000 million annually. He said guidelines for reporting
money laundering also are being drawn up for the securities and
insurance industries, and will be announced by the end of 2000.

Following is a text of Johnson's remarks as prepared for delivery:

(Note: in text, "billion" means 1,000 million.)

(begin text)

REMARKS BY TREASURY UNDER SECRETARY FOR ENFORCEMENT JAMES E. JOHNSON
ST. REGIS HOTEL, NEW YORK CITY 
April 25, 2000

Good afternoon. It is my pleasure to be here today to speak about
money laundering and how the Clinton Administration is attacking the
problem. Allow me to begin by first thanking Wilmer, Cutler &
Pickering for hosting this conference and bringing together leading
members of the financial and legal communities as well as the
legislative branch and law enforcement to discuss this issue. Also,
I'd like to thank our panelists for their valuable contributions.
Exchanges such as these are enormously beneficial and we at the
Treasury Department look forward to hearing your views.

Although criminals have long tried to work the proceeds of their
illegal acts into the legitimate economy, money laundering, as a crime
in and of itself, is fairly new. Just as we are developing in our
understanding of this crime and its pernicious effects -- from the
financing of criminal enterprises to undermining the integrity of our
financial institutions -- so too are we developing, what I believe, is
a more comprehensive and effective response.

That response was fundamentally changed for the better last fall when
Secretary Summers and Attorney General Reno introduced the first ever
National Money Laundering Strategy. For the first time, we had an
integrated approach to combating money laundering, at home and around
the world, through both law enforcement and banking supervision, with
government policies as well as public-private partnerships. Building
upon that strong start, the latest edition of our Strategy was
unveiled last month and gives a detailed plan of action for this year.

The National Money Laundering Strategy for 2000 contains over sixty
separate action items that involve efforts along a broad range of
fronts. It addresses our attempts to strengthen domestic enforcement,
to enhance the measures taken by banks and other financial
institutions, to build stronger partnerships with state and local
governments, to bolster international cooperation, and, to work with
the Congress to give the Treasury and Justice Departments critical new
tools to combat international money launderers and those foreign
jurisdictions that are willing to offer them no-questions-asked
banking services.

Lest anyone be skeptical, let me assure you that our Strategy is not
simply another white paper - to be announced with fanfare, then
shelved and soon forgotten. Everyone of its action items identifies
the government office, including my own, that is accountable for
implementation and for meeting the specified goals and milestones laid
out for the balance of this year. We are very cognizant of the threat
that money laundering poses both to the United States and to the rest
of the world and we are very serious about our responsibility to
address it.

Federal law enforcement has been engaging this threat for about
fifteen years now and we've had some notable successes. You may recall
a few years ago, we issued invitations to a very select group to
attend a wedding party as part of the culmination of Operation
Casablanca. The invitees were mostly narcotics traffickers and their
money launderers, and, our party that wasn't, concluded the largest,
most comprehensive narcotics money laundering investigation in the
history of U.S. law enforcement. It linked twelve of the nineteen
largest Mexican banks and their officials to the laundering of the
drug profits generated by the Cali and Juarez cartels. Coordinated by
Customs and IRS, Operation Casablanca identified and disrupted
essential financial functions of these two notorious international
criminal enterprises.

More recently you've heard a former executive at the Bank of New York
admit her guilt in a conspiracy in which she and her husband ran an
operation that helped launder millions of dollars in Russian criminal
proceeds. But along with these successes, formidable challenges
remain.

Secretary Summers has long pointed out that an effective response to
money laundering must involve more than just law enforcement. He is
absolutely right. And we in the federal law enforcement community have
understood this for some time. As a threat to the credibility and
integrity of our financial institutions, money laundering deserves a
systemwide response. Law enforcement, in and of itself, can only do so
much -- investigating crimes and assisting prosecutors. When it comes
to money laundering, the other principal stakeholders in our financial
system need to recognize and accept their responsibilities, to see
that this is not just a compartmentalized problem for law enforcement,
but a common and mutually assisted effort to make our system less
vulnerable to the abuses and depredations of money launderers.

Fortunately, this wider perspective in addressing the money laundering
threat is taking hold. From state and local governments, to the
financial services industry, from banking regulators to the community
of international organizations, there is a growing understanding of
and concern with money laundering. How banking regulatory agencies in
the United States are acting on this is a key element in our national
Strategy.

In this regard, a first step in the Strategy was to require the
federal banking agencies, in cooperation with the Treasury Department,
to review existing bank examination procedures related to the
prevention and detection of money laundering at financial
organizations. Ever since first being mandated by the Money Laundering
Suppression Act of 1994, these procedures have represented a
significant step forward by the regulatory agencies in their
supervision of the implementation of the Bank Secrecy Act and other
anti-money laundering measures. While these original procedures have
generally worked well, the recent review called for by the Strategy
looked to identify areas where they might be improved.

In general, the bank regulatory agencies agree that their approach to
anti-money laundering supervision needs to be risk-focused, with their
resources concentrated upon those institutions that are most
susceptible to money laundering. Additionally, these agencies either
have or are developing procedures to address high-risk areas such as
private banking, payable through accounts and wire transfer activity.
Finally, these agencies again either have or are developing procedures
to deal with newer trends such as electronic banking and foreign
correspondent accounts.

The second step for the banking regulators, contained in this year's
Strategy, calls for completing the revised procedures, field testing
them, making necessary changes based upon that field testing, and,
ultimately, finalizing these second generation procedures.

Beyond revising their examination procedures, the banking agencies are
working with other regulatory agencies and law enforcement to develop
Bank Secrecy Act and anti-money laundering training modules. These
will include information pertaining to recent cases, several of which
were detected during examinations of financial institutions. In this
way, they will be offering new, unique, and particularly timely
training, derived from the experiences of many agencies and directly
benefiting examiners.

By broadening awareness of money laundering as a threat that requires
an array of counteractions, it is not our intention to punish or
impose greater burdens on the U.S. financial services community but
rather to elicit their participation and support in the common effort.
We recognize the need for guidance on how to identify and scrutinize
activity occurring through high-risk accounts. Treasury is convinced
that the first step in this process is one of education so that we may
develop informed guidance for American financial institutions. Do not
look for new regulations in this area. By the end of the year, we want
to have out guidance for enhanced scrutiny by financial institutions
on certain high risk accounts.

In drafting this guidance, we will work directly with the U.S.
financial community. We aim to attain a consensus as to what kinds of
accounts and financial activities are most susceptible to criminal
abuse and how we might better guard against their illicit use. At the
end of this process, we want to be able to say that we have helped the
financial services community more efficiently deploy its own resources
to look for potential money laundering. Keep in mind that we view our
partnership with you as a very critical component of our success here.
We will be relying on you to help us make sure that our own houses are
in order as we go on to try to advise and assist others around the
world.

We know that only a small portion of the funds that move through our
payment system each day is linked to crimes. The challenge is to
concentrate on those accounts that are most vulnerable.

We have learned that if we cast too wide a net, we risk imposing
costly and unnecessary burdens on the financial community. Worse, we
risk infringing upon legitimate expectations of customer privacy, a
concern that must never be forgotten in our zeal to counter
criminality. We pledge to work together to develop effective
mechanisms, to institute early warnings, if you will, that can avoid
these risks while still providing a secure barrier against money
laundering abuse.

We are confident of success in pledging to work with industry
stakeholders because we are certain that the vast majority of American
corporations desire to fulfill their duties as good corporate
citizens. From regulatory violations, to bribery, to fraud, we all
know that corporate crime exists and that it should be punished. But
we also know intuitively that it is better to prevent a crime than to
punish one. It is in the long term self interest of corporations to
obey the law and fulfill their duties as good corporate citizens.
Complying with the requirements of the law often entails costs but it
is the right thing to do. And it will save the corporation substantial
pain, suffering and expense in the long run.

As I mentioned earlier, we are growing in our understanding of money
laundering as a criminal threat and our Strategy addresses several
newer areas where we feel it must be countered. The first of these
involves the Black Market Peso Exchange System, a money laundering
system primarily used by Colombian narcotics traffickers to repatriate
perhaps as much as $5 billion annually to their homeland. We are
intensifying and expanding our efforts to increase the business
community's awareness of this system so that it will be better able to
discern patterns of payments that may indicate a corporation is being
used to facilitate a black market peso exchange. Payments coming from
strange sources, or unusually large bulk cash payments can be cause
for concern and may represent funds that are being laundered.
Employees need to be alert to telling signs and we will be helping
businesses recognize those signs. The Customs Service will be
identifying exporters manipulated by this system to focus our outreach
and education. We will then implement a Business-Government
Partnership that will be a critical piece in disrupting the system and
insulating companies from this scheme.

Another area with a vulnerability to money laundering is the
securities industry. For the last several years, our Financial Crimes
Enforcement Network (FinCEN) has worked with federal and state
securities regulators, law enforcement, self-regulatory organizations
and representatives from the securities industry to come up with an
effective and practical system to detect and report suspicious
transactions conducted by brokers and dealers. The products and
services of the industry, - the efficient transfer of funds between
accounts, the ability to conduct international transactions, the
liquidity of securities, - provide opportunities to hide and move
criminal proceeds. By the end of this year, we hope to have a proposed
rule for the reporting of suspicious activities by brokers and dealers
along with a draft reporting form and guidance for industry
compliance.

Highlighted during hearings last year by Senator Levin's Permanent
Subcommittee on Investigations, was the threat of money laundering in
private banking services. We know that, for the most part, private
banking is entirely legitimate, but it is a service that can be abused
by money launderers. Our development of guidance to bankers on
enhanced scrutiny of high risk accounts will help here as will the
revised bank examination procedures that regulators are finalizing.
Additionally, since Senator Levin's hearings centered upon foreign
corrupt officials, we feel that the Administration's legislative
proposal to make foreign corruption a money laundering predicate will
go a long way toward preventing these abuses.

Finally, we suspect that money laundering vulnerabilities exist in the
operations of other financial service providers such as the insurance
industry. We are initiating a review of those providers defined under
the Bank Secrecy Act to see if it is now appropriate to expand
suspicious activity reporting to some or all of them. Our study group
will report its findings, including its recommendations on extending
reporting requirements by year's end.

Money laundering is a pervasive threat, undermining the integrity of
our financial institutions while supplying the capital that
underwrites the often dehumanizing and bloody criminal activity so
repugnant to lawful societies. We are pledged to meet it head-on, as
effectively and comprehensively as humanly possible.

Thank you for this opportunity to speak to you today. I would be
pleased to answer any questions.

(end text)

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