Saturday, November 27, 2021

Future Methods of Laundering Cash



The relationship between technology and structure has been the topic of much writing and research (Woodward, 1965; Perrow, 1967; Thompson, 1967; Hickson, Pugh, and Pheysey, 1969; Mohr, 1971; Hage and Aiken, 1969; Barley, 1986). Although the accumulation of research studies has modified the concept of technological imperative, technology is still considered an important variable in relation to organizational structure (Rousseau, 1979). Yet, after decades of research relating organizational technology to organizational structure, "the evidence for technology's influence on structure, is at best, confusing and contradictory" (Barley, 1986: 78). The same may be said for the multitude of conceptions and methodologies employed in such studies (Rousseau, 1979). While technology may be generally defined as the transformation of organizational inputs into organizational outputs (Perrow, 1967; Rousseau, 1979), numerous definitions and operationalizations at varying levels of analysis and contexts demonstrate the diversity of technology research (Comstock and Scott, 1977; Rousseau, 1979; Fry, 1982). Despite this diversity, little attention has been paid to the effects of technology over time. Cross-sectional research has typically focused on existing technologies and corresponding formal organizational structures. The majority of these cross-sectional studies treat technology as the independent variable, based on an assumption that organizational technology is inflexible and, correspondingly, that there is a need for structure to adapt to the requirements of technology. These assumptions are questionable. Technology can be a flexible organizational strategy that can be modified by an organization's structure, in particular, the informal structure. Structural arrangements act as the conduits of technological change and, as such, may influence organizational technology as well as be influenced by it. Investigation of the effects of a change in technology may illuminate the process by which structure affects technology, or vice versa. Few studies relating technology to structure have considered the relationship between organizational structure and power. Structural position is an important source of power in that it provides access to people, information, and other resources. As Pfeffer (1981) noted, power is first and foremost a structural phenomenon. Likewise, power strengthens existing structural configurations. Those in power seek to maintain power by reinforcing the existing organizational structure (Pfeffer, 1981). Thus, a change in structure may necessitate a change in the distribution of power, and vice versa.

Although minor, incremental changes in power and structure may occur gradually over long periods of time, the likelihood of a major restructuring may only occur when the organization encounters an "exogenous shock" (Barley, 1986: 80) such as the implementation of a new technology. Such a shock might be conceptualized as a sudden, dramatic increase in uncertainty (Tushman and Anderson, 1986). Attempts to reduce uncertainty may foster changes in interaction patterns, with those able to cope with uncertainty adjusting their social location and increasing their power (Salancik and Pfeffer, 1977; Tushman and Romanelli, 1983). Thus, it is possible that a change in technology may produce changes in structure, power, or both. However, as Pfeffer (1981) noted, stability, not change, is typical of the distribution of power and influence in most organizations. Those in power seek to perpetuate their power advantage. Such processes as commitment to previous decisions, institutionalization of beliefs and practices, and the ability of those in power to generate additional power contribute to stability (Pfeffer, 1981). Likewise, structural patterns of interaction become institutionalized over time and contribute to organizational stability. Thus, while a technological change may provide the opportunity for a redistribution of power and organizational structure, it does not guarantee it.

Unfortunately, even the cleansing dirty money through money laundering procedures has also been affected by technology. Example of these changes includes the new drug trafficking routes are spawned in Africa and the lower regions of the old Soviet regime, the list of countries more vulnerable to money laundering widens. Perhaps more dangerous is the absence of implementation of anti-money laws or even ratification of the 1988 Vienna-U.N. Drug Convention. (Bureau of International Narcotics and Law Enforcement Affairs, 1998) The INCSR lists Aruba, Colombia, Mexico, the Netherlands Antilles, Nigeria, Singapore, Turkey and Venezuela. Just as important, the anti-money laundering laws that governments enacted in the early 1990s are now no longer sufficient, especially given the increase in non-drug crimes, the use of new technologies, and more sophisticated ways to move money.

Moreover, the proliferation of financial crimes include the more common types of financial frauds and new variations, especially the use of prime bank guarantees, phony or fictitious letters of credit, counterfeit or stolen bonds, and other monetary instruments offered as surety for loans, and other scares. Some of the new methods include the use of secret telex codes for bank-to-bank transactions in order to move $42 million in cash from the Hong Kong and Shanghai Bank in Jakarta. (Bureau of International Narcotics and Law Enforcement Affairs, 1998) The use of fake certificates of deposit drawn on other branches of an international bank that can range from $10 million to $25 million recently occurred. "`Fraudsters' will also use counterfeit letters of agreement, drawn on bank letterheads, seemingly vouching for a client from another branch of that bank," or confirming the approval of a bogus deal.  

Similarly, professional money launderers differ little in their money management than corporate money managers. Money brokers and transnational criminals collaborate to minimize their risk, partly through diversification of the means to transport, convert cash, or both, as well as to layer and integrate the laundered funds.(532)

Furthermore, banking is increasingly global, inter-connected, and operates twenty-four hours. Large multinational banks have global branch and subsidiary networks as well as correspondent relationships. Correspondent banking enables launderers to initiate transactions through the weakest link in the bank. Once launderers start a bank relationship, they can quickly move money globally within the bank. (Bureau of International Narcotics and Law Enforcement Affairs, 1998) At the June 1996 International Conference of Banking Supervisors, banking supervisors from 140 countries agreed to adhere to twenty-nine recommendations "designed to strengthen the effectiveness of supervision by both home and host-country authorities of banks that operate outside their national boundaries."(p 154) The recommendations were incorporated into a report by the Basle Committee on Banking Supervision, issued in October 1996. Home supervisors must be able to assess "all significant aspects of their banks' operations, using whatever supervisory techniques are needed, including on-site inspections." Means to overcome impediments to effective consolidated supervision are suggested. The Basle report sets forth "guidelines for determining the effectiveness of home country supervision, for monitoring supervisory standards in host countries, and for dealing with corporate structures which create potential supervisory gaps." Additional guidelines are provided for host country supervision.

Concurrently, when the recommendations conflict with bank secrecy or similar legislation in certain countries, supervisors have agreed to use best efforts to amend the secrecy legislation. Countries with further recommendations were reviewed prior to the international meeting scheduled for October 1998. (Bureau of International Narcotics and Law Enforcement Affairs, 1998) Much competition exists globally to attract high net-worth individuals and companies as private banking clients. The transactions of these clients are treated confidentially. Such customers are treated with more deference and receive various types of personal services. A concern exists that, in the competition to attract and maintain these clients, financial institutions or their officials may suspend or not implement anti-money laundering and other due diligence procedures.

In addition to that, the use of microchip-based electronic money for financial transactions, via smart cards and the Internet, has the potential to revolutionize the means for laundering money. Some new cyberpayments systems are engineered to be an electronic emulation of paper currency. Cybercurrency has the attributes of conventional currency: a store of value; a medium of exchange; a numeraire; potential anonymity; and convenience. Other features include transfer velocity--an almost instant electronic transfer from point to point--and substitution of electrons for paper currency and other physical means of payment. Cyberpayments also include other payment components, such as cyberchecks, cybercredit, cyberdebit, and so forth. This development requires close attention because the use of microchip and telecommunications technologies adds some significant new dimensions for law enforcement.

The existence of cyberpayments also include other payment components, such as cyberchecks, which emulate paper checks, cybercredit, cyberdebit, etc. Cyberpayments raise the issue of whether such payments can be made subject to monetary reporting and supervision measures. Law enforcement issues that will arise include fraud, counterfeiting, and computer hacking. High-speed, worldwide transfers add complexity to law enforcement's ability to trace criminal activity and recover illicit proceeds. (p. 512)

Other challenges to anti-money laundering enforcement include the counterfeiting of currencies and other monetary instruments, especially bonds, the rise in contraband smuggling, the acquisition of banks and other financial institutions by suspected criminal groups, and the resort by criminals to the use of smaller, pass-through banking, and electronic cash systems. As a result of the occurrence of financial crimes and money laundering with varying degrees of regularity in more than 125 jurisdictions, a continuing concern exists that some governments still have not criminalized all forms of money laundering.

 

 

 

 

 

 


 

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