10.08.2012

PONZİ SCHEMES

Ponzi schemes warning signs as the following:
  1. High returns with little or no risk. Every investment carries some degree of risk, and investments yielding higher returns typically involve more risk. Be highly suspicious of any "guaranteed" investment opportunity.
  2. Overly consistent returns. Investments tend to go up and down over time. Be skeptical about an investment that regularly generates positive returns regardless of overall market conditions.
  3. Unregistered investments. Ponzi schemes typically involve investments that are not registered with the SEC or with state regulators. Registration is important because it provides investors with access to information about the company's management, products, services, and finances.
  4. Unlicensed sellers. Federal and state securities laws require investment professionals and firms to be licensed or registered. Most Ponzi schemes involve unlicensed individuals or unregistered firms.
  5. Secretive, complex strategies. Avoid investments if you don't understand them or can't get complete information about them.
  6. Issues with paperwork. Account statement errors may be a sign that funds are not being invested as promised.
  7. Difficulty receiving payments. Be suspicious if you don't receive a payment or have difficulty cashing out. Ponzi scheme promoters sometimes try to prevent participants from cashing out by offering even higher returns for staying put.
Source: http://www.sec.gov/answers/ponzi.htm





10 red flags to avoid being Ponzi scheme victim:
  1. Funds are deposited directly with the investment adviser and not in a separate custodian accoun
  2. Funds are deposited in a broker-dealer that is an affiliate of the adviser.
  3. Monthly brokerage statements are sent by the adviser and not the custodian. 
  4. Adviser's investment returns are consistently good, even in a volatile economy. 
  5. Adviser's returns are consistently the same, year after year. 
  6. Adviser's investment strategy is complex and not clearly explained. 
  7. Adviser's investment strategy is not compatible with either your short-term or long-term goals. 
  8. Adviser claims you are now part of an exclusive club. Exclusivity is not a benefit when trusting someone to manage your money. It is just another red flag. 
  9. Your adviser shares your views regarding politics, religion, sports, etc. 

The one fact consistent with nearly all victims of a Ponzi scheme is that they failed to perform the proper due diligence, and, in some cases, did not perform any due diligence.

Many were led by a trusted intermediary from their church, country club, affinity club, etc., who was also led to the belief of consistently high annual returns without doing their own due diligence.

Source: http://www.eisneramper.com/Avoid-Ponzi-Schemes-0710.aspx



Ponzi scheme Red Flags:
  1. Promoters are not registered to sell investments (Consider doing a background check through Financial Industry Regulatory Authority (FINRA) if the promoter is U.S. based.)
  2. Promoters have a history of being investigated and/or disciplined for actions related to investments (Google is your best friend for this one.)
  3. Promoters and/or founders of the business/investment have criminal, bankruptcy, or civil court histories that are troubling (Use PACER to search all federal court records for a nominal fee. State courts generally have their own online systems, and access to them is growing daily.)
  4. Difficulty in verifying whether there is a legitimate business behind the investment (Again, Google is your friend!)
  5. Groundbreaking “new technology” or other special (but super secret) methods or assets, which are going to take the world by storm and be the greatest thing since sliced bread
  6. Complicated alleged business model that prevents an experienced investor from understanding how money is really made.
  7. The alleged performance of the company is suspiciously higher than competitors or companies in related industries
  8. No objective third-party information can be found about the company
  9. Elaborate explanations for why the business cannot be verified
  10. Unusually high rates of return offered on the investments (Note that this one is the most common across all Ponzi schemes.)
  11. Returns on investment are guaranteed (Not to be confused with an annuity from a reputable company with a guarantee in the contract.)
  12. Promoter downplays the amount of risk investors will be exposed to, often  using phrases such as “a sure thing”
  13. Reluctance to provide documentation supporting claims being made about the investment and the business behind it
  14. Address of the “business” is a mail drop location, virtual office, or small private office that couldn’t possibly hold a business the size that is being claimed (Google Maps is very helpful for this one.)
  15. Few (if any) employees in the operation other than the founder and/or promoter.
  16. Background of the principals of the business is mismatched with what the business does (Use Google to find out what kinds of jobs they held previously, and compare it to what they’re supposedly doing now.)
  17. Company’s alleged success is related to a recent announcement of some sort, rather than historical financial results (This one is even worse if the information in the announcement can’t be verified, and it appears to just be a PR stunt for the benefit of potential investors.)
Source: http://www.mahanyertl.com/mahanyertl/ponzi-scheme-and-investment-fraud-red-flags/1348/

18.07.2012

HSBC FAILURES

In HSBC's flawed operations and so deceptive conduct, what I can see is the following criminal elements:
  • HSBC, senior executives deceptive conducts- President, Chief Executives.
  • Deception is the heart of money laundering. Deceiving authorities by making assets appear to have been obtained through legal means with legally-earned income or to be owned by third parties who have no relationship to the true owner.
  1. Wilful negligence of HSBC's directors,
  2. Failure to comply with AML laws and regulations,
  3. Failure to change the culture at the bank,
  4. Failure to monitor and report suspicious funds comes from high risk countries/customers
  5. Failure to keep up with regulators, customers, employees and the general public expectations,
  6. Failure of AML Controls,
  7. Failure in all main elements of KYC Rules,
  8. Other Matters: manipulation of the Libor inter-bank lending rate and 
  9. Government failure in the face of HSBC's deceptive conducts.  
In short, HSBC, knowingly accepting money or funds that it is derived from a criminal offense or deliberately avoiding knowledge of the facts that the illegal source of funds or the intentions of a customer in a money laundering transaction. HSBC was a"gateway" for money laundering, terrorist financing and other illicit transactions.

FAILURE: CAUSES, CONSEQUENCES, CURES

1. Poor Oversight (intentional)- wilful negligence of directors,
2. Weak Regulations (intentional)

Can we go a little further and advice/suggest other Local Governments and its Agencies to start ML investigations where HSBC present to do banking activities ?

Source:
1. HSBC Failure (1)
2. HSBC Failure (2)
3. HSBC Failure (3)
4. HSBC Failure (4)
5. HSBC Failure (5)
6. HSBC Failure (6)



HSBC

3.07.2012

UYUM

1. Mevzuata Uyum
2. SGAÖ Uyum
3. Bankacılık Faaliyetlerine Uyum
  • Uyum ile ilgili faaliyet sonuçları üst yönetim tarafından takip edilmeli ve değerlendirilmelidir.
  • Uyum Programı aşağıda belirtilen tüm unsurları eksiksiz olarak içermelidir.
  • Risk Odaklı Teftiş Programları ile aşağıda belirtilen unsurlar göz önünde tutulmalıdır.
  1. ARAŞTIRMA
  2. İNCELEME
  3. İZLEME
  4. DEĞERLENDİRME
  5. BİLGİLENDİRME
  6. YÖNLENDİRME
  7. KOORDİNASYON
  8. RAPORLAMA

COMPLIANCE

Actors in Compliance Circle
Compliance with Laws and Regulations:
1. Comply with Local laws and regulations- Local Compliance
2. Comply with International laws and regulations- International Compliance

- 3rd EU AML Directive 
- FCPA, Foreign Corrupt Practices Act- 
- FATF, Financial Action Task Force:
40 Recommendations on money laundering
Nine special recommendations on terrorist financing
- Financial Reform Bill
- OFAC, Office of Foreign Affairs
- UK Bribery Act
- US PATRIOT Act
- Wolfsberg Principle
- Basel Committee - BIS - Money Laundering and Terrorist Financing.


26.06.2012

INTERNET FOR INVESTIGATION

Internet is an amazing resource for AML expert with a broad range of 
analytical and investigative experience.
In order to exploit internet (investigation) we need two things:
1. Thinking skills
2. Technical Skills/Technical Competency.
For internet investigation:
  • Too Much Money
  • Unknown Business
  • Weird Wires-EFT

22.06.2012

Money Laundering By Nigerian Criminals


  • ML Risk Profile
Country -Nigeria: High Risk ML Country
--> Weak laws and Boarder Controls, Corruption, Lack of Enforcement, and Poor Socio-Economic Conditions
--> Major drug trans-shipment point center for criminal financial activity

Iligal Drug Proceeds:
Largely from foreign criminal activity rather than domestic activities.

ML schemes used by drug traffickers: Local Markets/ International Markets
  • Importation of various commodities, predominantly luxury cars and other items such as textiles, computers, and mobile telephone units. 
  • Drug traffickers also use Nigerian financial institutions for currency transactions involving U.S. dollars derived from illicit drugs.
Major sources of illicit proceeds:
1. Proceeds from drug trafficking, 
2. İllegal oil bunkering, 
3. Bribery and embezzlement, 
4. Advance fee fraud,
5. Contraband smuggling, 
6. Theft, and 
7. Financial crimes, such as bank fraud, real estate fraud, and identity theft.

Forms of ML:
1. Investment in real estate; 
2. EFT using banks and Money Transfer Services- Wire transfers to offshore banks; 
3. Political Party Financing (PEPS) 
4. Deposits in foreign bank accounts; 
5. Use of professional services (Gatekeepers), such as lawyers, accountants, and investment advisers
6. Cash smuggling.
Nigerian Criminals Aim:
1.To subvert international and domestic law enforcement efforts and 
2.To evade detection.

ML ACTIVITIES OF NIGERIAN CRIMINALS IN NORTH CYPRUS:
Methods of Money Laundering
1. Bank- EFT- Smurfing/Structuring
2. Non-Bank Financial Institutions-Money Remitters and Money Exchange Houses
Nigerian Criminals do this by disguising the sources, changing the form, or moving the money to a place where it is less likely to attract attention.
ML Activity: EFT--> Smurfs---> From Country X---> To Nigeria- Nigerian Criminals
Deception is the heart of money laundering: 
Deceiving authorities (local/international)  by making funds/assets appear to have been obtained through legal means with legally-earned income or to be owned by third parties who have no relationship to the true owner.
Crime of Money Laundering:
Nigeria is paradise for money launderers; and so Nigerian smurfs are everywhere to launder illicit funds of those criminals.

Reference:
http://www.havadiskibris.com/haber/13352/kara-para-mercek-altinda.html




31.05.2012

Terror Financing

Terror Financing Indicators:
  • Terror finding activities under the cover of charitable activities and non-profit organizations
  • Smuggling
  • International trade
  • Money-service businesses
  • High-risk areas
  • Diversion of interested parties/activities
  • Criminal activity as a terror funding source
Concealment of funds used for terrorism is primarily designed to
hide the “purpose” for which these funds are used, rather than
their source as in the ML.

Both terrorists and money launderers use the same methods to
move their money in ways to avoid detection, such as structuring
payments to avoid reporting and underground banking, such as the
ancient system of hawala.

How to Detect Terrorist Financing ?
  • Motivation: Ideological,
  • Source of Funds: Externally from  benefactors and  fundraisers, internally from self-funding cells (increasingly centered on criminal activity),
  • Conduits: Favors cash couriers or informal financial systems such as hawala and currency exchange firms,
  • Detection Focus: Suspicious relationships, such as EFT between seemingly unrelated parties,
  • Transaction Amounts: Small amounts usually below reporting thresholds,
  • Financial Activity:  No workable financial profile of operational terrorists exists,
  • Money Trail:  Linear-money  generated is used to  propagate terrorist  group and activities.
(1) Criminalisation of terrorist financing;
(2) Procedures to identify and freeze terrorist assets,
(3) Making legal persons subject to criminal liability in line with FATF Standards,
(4) Supervisory framework,
(5) Customer Due Diligence measures and
(6) Reporting requirements,
(7) Fully operational and effectively functioning of FIU,
(8) International co-operation. 

14.05.2012

Lyoness Profile

Risk Profile: Lyoness


Type of Business: Ponzi scheme or pyramid scheme
Founder and CEO of Lyoness: Hubert Freidl, Austrian
Management of Lyoness: Marko Sedovnik, Werner Kaiser, Alexander Lerch, Bernhard Koch
Management Principles: Principles are not consistent with traditional free market principles of legitimate business
Promises: High Return
Motivation: Profits are derived from recruiting new members, and not a sale.
Complaints of Fraud: Yes
Collapse of the System: Once resources exhausted, everything collapses.
Laws: Law explicitly prohibits ponzi/pyramid systems.
Partners of Lyoness:Tzvetan Streif and Hubert Wagner
Partners Work Experience: Experts on Casino/Chance Games
Money Movements: Yes-Mysterious Child and Family Foundation of Lyoness. Foundation and members accounts are used to move money from one country to another.
Methods Used: Banks and Non-Bank Financial Institutions (EFT, Structuring, Money Remitters and Money Exchange Houses) Gatekeepers
Headquarters: Switzerland and Austria (Luxembourg)
Fraudulent Activities: Complication of the legislative procedures-Tax Fraud
Risk Level: Very High
Source:
http://www.gundemkibris.com/-kuzey-kibris-bankalar-birligiden-saadet-zinciri-uyarisi-25092h.htm
http://www.hebdo.ch/lyoness_ou_facile_148071_.html
http://www.businessforhome.org/2012/02/swiss-newspaper-crushes-lyoness/
http://www.fbi.gov/scams-safety/fraud/fraud#pyramid