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1 Illicit Financial Flows 1 Illicit Financial Flows

1 Illicit Financial Flows - PowerPoint Presentation

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Uploaded On 2017-08-06

1 Illicit Financial Flows - PPT Presentation

The purpose of this presentation is to discuss efforts by the NPA and other law enforcement agencies to I dentify and investigate illicit financial flows related to crime P rosecute matters where there is evidence of a crime ID: 576280

illicit money law cash money illicit cash law enforcement flows criminal controls detection ortia npa beps deal sector observations

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Presentation Transcript

Slide1

1

Illicit Financial FlowsSlide2

The purpose of this presentation is to discuss efforts by the NPA and other law enforcement agencies to: I

dentify and investigate illicit

financial flows related to crimeProsecute matters where there is evidence of a crimeForfeit assets where there is asset forfeiture potentialImprove controls by identifying systemic weaknesses and legislative gapsRecommend a way forward

1. Purpose of this presentation

2Slide3

Law enforcement can only deal with illicit money that is derived from criminal activityThus it cannot deal with money derived from unlawful activity that is not a criminal offence Asset

forfeiture

provides a possible exception as it can deal with unlawful activities that have not been criminalised2. Illicit money flows3Slide4

3. NPA and BEPSThus the presentation will not deal much with Base Erosion and Profit Shifting (BEPS) to the extent that is not criminal In addition, to investigate the complex mechanisms utilised in BEPS effectively requires very high level specialist capacity of accountants, business process specialists and othersIt is not aware of any criminal cases involving BEPS at the moment However, any BEPS related cases where there is a suspicion of criminal activity should be reported to the DPCI and NPA as soon as possible for assessment4Slide5

4 .Focus on suspected proceedsThe NPA has largely focussed its efforts on identifying, freezing and forfeiting proceeds of crime and prosecuting those who facilitate the flow of proceeds internally and across international bordersThis presentation focusses on the lessons learn from cases done by the NPA and working with different partners such as SARB, FIC and DPCI5Slide6

5. Lessons learnt from casesIn 2016 investigators identified new patterns of illicit money flows across different crime types involving unrelated suspectsIn August 2016 a working group was set up by various law enforcement agencies to verify the extent and veracity of the observations The group analysed and further investigated several casesand engaged with domestic and foreign law enforcement agencies and the private sector6Slide7

6. Background (cont)

The

group

identified a

new

modus

operandi

used by these syndicates to circumvent controls and avoid

detection , for example:

Controls

:

Exchange

controls regulations in relation to allowances and pre-payments of

goods

Avoiding

detection

:

Exploiting gaps in customer verification

processes,

eg that no customer verification is required for (very large) cash deposits in banksUsing these methods, 1 syndicate was able to smuggle currency or value of R2.1bn from the RSA in a short period

7Slide8

8

A significant increase in cash

seizures at ports of entry

Aug

15

ORTIA R23m

and

US$3.8m

Oct

15

ORTIA R 1.5m and US$15 000

Dec

15

Lebombo

R76m (US$5m, Euro22k) Feb 16 – ORTIA R15m (37kg unwrought gold) Apr 16 –

King

Shaka

R 7m Oct 16 – ORTIA R14.9mDec 16 – ORTIA R 4.2m in 4 incidents in 1 weekend.Dec 16 – King Shaka R12mFeb 17 – Bfn R21m Mar 17 – Beitbridge R 892 000 from a pedestrian

7. Observations on

crime operationsSlide9

Cash declaration reports not implemented due to admin burdenThe current Exchange

Control regime is

too narrow Cash seizure process is not based on international best practiceBetter training for law enforcement: eg some believe the area between the aircraft and customs/immigration is “no man’s land” where law enforcement may not operateThere is no KYC requirement for persons making cash deposits – even very large deposits can remain anonymous

8. Observations on systemic weakness 9Slide10

There is no electronic, searchable, centralised system to identify and individual interests in family trusts

High value negotiable instruments/commodities are

not included for customer identification requirements, and purchasers remain anonymousNo requirement to report suspicions purchases at retailersInformal money remitters – Hawala bankingLack of coordination in the illicit money flow environment between law enforcement and private sector

9. Observations in Systemic Weakness 10Slide11

10. Steps Forward

To work with the

DOJ&CD to

evaluate and

improve existing legislation relating

to

the detection and tracing of

f

amily trusts

the detection,

seizure and forfeiture of

cash

Create a

joint JCPS/Finance capacity to deal with illicit money flows

funded by the Criminal Assets

Recovery

Account

To

retain the

Counter Money Laundering Advisory Council envisaged in FICA to coordinate and facilitate illicit money flow and anti-money laundering initiatives within government and the private sector11Slide12

11. Steps Forward

To

work with the FIC and border management agency to implement cash declaration

reporting

Engage with the private sector to improve systems, controls, detection and reporting of illicit money

flows

To

work with the SARB to better enforce exchange control

regulations

Revise and improve training of law enforcement regarding cash seizures and financial investigations

To make cash seizures, money laundering and illicit money flows a strategic objective for the JCPS, SARB and the FIC – “all of Government approach”

Building sound relationships with our neighbouring countries and offshore jurisdictions to detect, trace and seize illicit money flows

12