By Global Financial Integrity, Fedesarrollo, Transparency International Kenya and ACODE

This policy memo is a joint publication by GFI, Fedesarrollo, Transparency International Kenya and ACODE, organizations that are based in the United States, Colombia, Kenya and Uganda, respectively. The memo draws on the technical and regional expertise of each of the organizations, seeking to analyze the complex challenges of Trade Based Money Laundering (TBML) from a truly global policy perspective. Broadly speaking, illicit financial flows (IFFs) are illegal movements of money or capital from one country to another. GFI classifies this movement as an illicit flow when funds are illegally earned, transferred, and/or utilized across an international border. The global scale of IFFs is considerable. According to the United Nations Conference on Trade and Development (UNCTAD), Africa loses US$88.6 billion annually to IFFs. In the case of Latin America and the Caribbean, the United Nations Economic Commission for Latin America and the Caribbean (UN ECLAC) estimates that from 2004- 2013, illicit financial outflows represented 1.8% of regional gross domestic product (GDP) and 3.1% of regional trade, with losses totalling US$765 billion for the 10-year period. Moreover, IFFs undermine institutions, contribute to insecurity, harm communities and the environment, and deprive countries of much-needed tax revenues. One of the most prevalent channels for IFFs is through the international trade system. As of 2021, GFI estimates that the annual value of trade-related IFFs in and out of developing countries amounted to, on average, about 20 percent of the value of their total trade with advanced economies. One area of particular concern is TBML, which the Financial Action Task Force (FATF) defines as the process of disguising the proceeds of crime and moving value through the use of trade transactions in an attempt to legitimize their illegal origin or finance illicit activities.5 As FATF notes, “the aim of TBML—unlike trade-related predicate offenses—is not the movement of goods, but rather the movement of money, which the trade transactions facilitate.”6; 7 TBML involves acts designed to conceal or disguise the true origin of criminally derived proceeds so that the unlawful proceeds appear to have been derived from legitimate origins or constitute legitimate assets. It is a highly effective way of integrating large volumes of criminal proceeds with legitimate income, and is attractive to organized crime groups because it is very hard to detect, track and investigate due to its transnational nature and the complexity of the international trade system. Recent cases have highlighted the sophisticated methods used to exploit the complex supply chains of international trade to launder criminal assets. When TBML goes unchecked, it has adverse effects on economies and societies as it perpetuates criminal activities such as illicit wildlife trade, bribery, corruption, and tax evasion. It subjects legitimate business to unfair competition in areas of goods and services due to unbalanced economies as a result of artificial manipulations. Additionally, TBML results in revenue losses, especially for developing countries struggling to meet their domestic resource mobilization targets

Global Financial Integrity, 2023. 23p.

By United Nations Office of Drugs and Crime - UNODC

Fraud has evolved significantly over the years, adapting to technological advancements and changes in society. It has become increasingly sophisticated, often using psychological manipulation, enabled by information and communications technologies (ICTs). The high volume and severity of fraud pose a significant risk to people, economies and prosperity worldwide, and have a negative impact on the public’s confidence in the rule of law. However, developing an accurate understanding of fraud presents several challenges. Victims often underreport fraud due to feelings of shame, self blame or embarrassment, as well as a lack of recognition that a crime has occurred. Moreover, a significant portion of fraud targets businesses, many of which choose not to report these crimes to avoid damaging their reputation. The anonymity and remoteness often associated with fraud perpetration conceal the identities of offenders from both victims and authorities, hindering efforts to assess underlying patterns, factors of vulnerability and associated risks. Furthermore, the dynamic nature of fraud — which is constantly being adapted to changes in legal, social, commercial and technological systems — means that new and innovative methods of the offence may go unnoticed within static official data. In many cases, domestic law enforcement entities do not have the capacity to investigate and uncover the offenders and the organized criminal groups behind the crime: international cooperation is required, suggesting the need to give greater prominence to fraud in the policy framework and legislation against organized crime.

The international community has recognized the worrying scale of fraud and the need for joint efforts in preventing and combating it. The General Assembly, in its resolution 78/229, reaffirmed the importance of the work of the United Nations Office on Drugs and Crime (UNODC) in the fulfilment of its mandate in crime prevention and criminal justice, including providing to Member States, upon request and as a matter of high priority, technical cooperation, advisory services and other forms of assistance, and coordinating with and complementing the work of all relevant and competent United Nations bodies and offices in respect to all forms of organized crime, including fraud. Nevertheless, the intersection between fraud and organized crime is not well understood and is further complicated by overlaps with other key areas, including cybercrime, white-collar crime, money-laundering and corruption. An understanding of organized fraud is necessary to inform the decisions of policymakers and other stakeholders and drive effective responses. The United Nations Convention against Transnational Organized Crime, the main global legally binding instrument to prevent and fight all forms and manifestations of transnational organized crime and protect the victims thereof, provides a framework to understand the nature of organized fraud and how the response to it can be integrated into the response to the different threats presented by transnational organized crime.

Scope of the issue paper

Fraud is an expansive category of crime. One of the greatest challenges to understanding it is its scope. It encompasses a range of criminal behaviours that are bound together by the common principle of dishonesty. The opportunities to employ dishonesty for the purposes of fraud span the full range of social, commercial, financial and technological settings, which can vary in different regions of the world. These opportunities are exploited by criminals from highly diverse backgrounds, ranging from professionals exploiting a legitimate corporate position to cybercriminals from within deprived communities. In this way, fraud is distinct from many other criminal categories that cover more discrete criminal behaviours occurring in specific settings (e.g. burglary). This diversity creates challenges in terms of developing a single, cohesive and comprehensive picture of fraud. The present issue paper covers fraud perpetrated by organized criminal groups (i.e. organized fraud). The role of organized crime can vary depending on the type of fraud, although, to a greater or lesser extent, it has a footprint in nearly all types of fraud. For the purposes of containing the scope of the issue paper, the following elements are not included:

• Other crimes in which fraud plays an enabling role, including the fraudulent use of identity to prevent a perpetrator from being traced, such as opening financial accounts to launder the proceeds of crime; fraudulent communications to enter into a relationship with a victim for the purpose of blackmailing or extorting money from them;1 and fraudulent job advertisements for recruiting and trafficking victims into forced labour and servitude.

• Fraud targeting the financial interests of the State (e.g. tax regimes), such as missing trader intra-community fraud (otherwise known as MTIC or VAT fraud); excise fraud, in which duties on imported products are not paid (e.g. fuel); public procurement fraud; and fraudulent applications for government grants and subsidies. The policy and response landscape for addressing these types of fraud can be distinct, being made up of various agencies and regulatory powers beyond law enforcement (e.g. the tax authority). The links between these types of fraud and organized crime are more well established in the literature.

The focus of the issue paper is organized fraud that targets individual members of the public or private institutions for the purposes of obtaining a financial or other material benefit.

Vienna: UNODC< 2024. 82p.

By Julia Yansura and Lakshmi Kumar

In this report, Global Financial Integrity (GFI) presents an analysis of narcotics-related illicit financial flows between the United States and the major narcotics production and transit countries of Mexico and Colombia. The report was commissioned by the Western Hemisphere Drug Policy Commission as part of its mandate to evaluate US drug policies and programs in Latin America and the Caribbean, assess current efforts to reduce the illicit drug supply and address the harms associated with trafficking and drug abuse. A variety of strategies can and have been used to address drug trafficking in the Western Hemisphere, from manual and aerial crop eradication, to interdiction, illicit crop substitution and other alternate development approaches. While existing strategies have resulted in temporary disruptions to narcotics cultivation and trafficking, they have not been successful in addressing these issues in a comprehensive, lasting manner. At the same time, history has shown that many of these policies have had unintended consequences and caused harm to people, their communities and the environment in very profound ways. Financial strategies from the anti-money laundering and counter financing of terrorism (AML/CFT) toolkit offer a different lens to view and address the problem of drug trafficking. In this report, GFI argues that AML/CFT is underutilized in current US and regional counter-narcotics efforts and needs to be reprioritized. Effectively responding to the challenges of drug trafficking and transnational organized crime will require a multi-pronged, multi-stakeholder and multi-disciplinary effort that includes AML/CFT, as well as a more comprehensive approach to drug policies that encompasses human rights, public health and development.

Washington, DC: Global Financial Integrity , 2020. 67p.

By G. Herbert

This review provides a summary of the evidence on Illicit Financial Flows (IFFs) between China and developing countries in Africa and Asia. Specifically, it looks at the evidence on how IFFs to and from China impact on developing countries, as well as on the drivers of IFFs and of how flows are facilitated. The review draws upon a combination of academic and grey literature sources, though it is not exhaustive and only draws upon English language sources. IFFs involving China have attracted particular attention, due to estimates suggesting it is responsible for the largest IFFs by value globally. However, little has been published to date specifically on IFFs between China and developing countries. This paper attempts to help address this gap. Section 2 provides some background information on the debates and uncertainties around IFFs, including conceptual issues, difficulties in measuring these flows, and their potential impacts, as well as attempts to quantify China’s overall IFFs. Section 3 focuses on trade-related IFFs between China and developing countries in Asia and Africa. Discrepancies indicative of potential IFFs are identified using trade data from 2018 and an attempt is made to determine the scale of the revenue consequences of trade is-invoicing for China’s developing country partners. Section 4 considers IFFs-related to corrupt business practices, focusing largely on Chinese investment in Africa. Section 5 moves on to consider IFFs that relate to the trade in illegal products, including illegal narcotics, human trafficking, the illegal arms trade, the illegal wildlife trade, the illegal organ trade, and the trade-in counterfeit products. Finally, Section 6 discusses enabling environment factors relevant to IFFs between China and developing countries.

K4D Helpdesk Report.

Brighton, UK: Institute of Development Studies. 2020. 37p.

By Julia Stanyard | Thierry Vircoulon | Julian Rademeyer

The Wagner Group has rapidly become the most influential form of Russian engagement in Africa today. Principally a private military company – the group is a supplier of mercenary troops – it also comprises a network of political influence operations and economic entities such as mining companies. Controlled by a historically close ally of Vladimir Putin, Yevgeny Prigozhin, Wagner has a seemingly mutually beneficial relationship with the Russian state. The group has been accused of using whatever means necessary, including criminal activity, to achieve its aims: from indiscriminate use of violence against civilians in its military engagements, to disinformation campaigns and election-rigging to industrialscale smuggling of natural resources, like gold and diamonds. The group operates in the grey zone, spanning both legal and illegal economies. In late January 2023, the US government designated Wagner as a ‘transnational criminal organization’, allowing for wider sanctions against Wagner and its enablers. The Wagner Group is unique as an organization in the breadth, scale and boldness of its activities. However, as this report aims to show, Wagner did not emerge in a vacuum. …

Geneva: Global Initiative Against Transnational Organized Crime., 2023. 92p.

By Uglješa Ugi Zvekić, Sunčana Roksandić and Bojan Dobovšek,

This report uses the term ‘organized corruption’ to explain how corruption is embedded in the political economy of many countries in the region. Organized corruption is a ‘a symbiosis of organized crime, criminal methods and high-level corruption, which creates a crooked ecosystem that enriches and protects those with access to power’. Organized corruption is not only about systemic illicit financial gains and undue influence in decision-making, but also the systemic buying and influencing of social support to gain or maintain political and economic power.

Organized corruption is particularly evident in the political context of transitions towards democracy, when key parts of the economy are in the public domain, as is the case in the Western Balkans. In this context, control of politics and control of the economy are interlinked. Being in power means controlling the strings of the public purse. Political parties utilize political power to acquire economic influence through the control of public finances and public officials. Political victory enables the use of state funds and enterprises for patronage and to gain financial, political and social benefits. In such an environment, elections are often a winner-take-all contest, not only for the political parties but also for those who benefit from patronage. It therefore follows that those who profit from power have an interest in financing political parties and elections.

Geneva, SWIT: Global Initiative Against Transnational Organized Crime (GI-TOC), 2023. 72p.

By John Collins

This report aims to provide a broad overview of cryptocurrencies and organized crime. It is meant for readers that may have an expertise in one, both or neither, as a means to better understand the challenges posed by emerging blockchain technologies and decentralized finance. The paper argues that blockchain technologies and their derivatives are a significant technological innovation, but one that has unclear use cases and outcomes. Potential use cases are currently speculative and surrounded by uncertainty, hype and, in many cases, fraud and Ponzi schemes. The paper points to central bank digital currencies (CBDCs) as a key global innovation with perhaps the most significant transformative outcomes of blockchain technologies, despite not being based on such technology. It also points to the regulatory changes underway in response to these emerging technologies and calls for a continued roll‑out in regulatory and law enforcement capabilities to limit the risks and challenges posed by these technologies.

Geneva, SWIT: The Global Initiative Against Transnational Organized Crime, 2022. 38p.

By Eleanor Beevor 

In May 2022, two Nigerian citizens were arrested in Niamey, Niger, while trying to drive back to Nigeria in a stolen Toyota Corolla. The Corolla had a Nigerian licence plate, but police discovered that the car had recently been stolen from a Nigerien police officer. Fake military identification cards, and another Nigerian licence plate, were found in the car. The men were posing as Nigerian military officers. One had in fact been a former officer but was discharged in 2017 for desertion, and the other worked for Nigeria’s correctional service. After an investigation, it transpired that the men had left Nigeria three days before the arrest, and they had driven to Niamey in a stolen Toyota Hilux. The car, stolen in Nigeria, was resold in Niamey with the assistance of a Nigerien accomplice who was later arrested. It appears that this accomplice was also involved in the theft and resale of motorbikes, and possibly of other illicit commodities such as weapons. He was found with three AK-47 rifles and 151 cartridges, along with a stolen motorbike, other motorbike parts and three wristwatches. This example showcases many of the dynamics of car theft in the central Sahel region….

Geneva, SWIT::Global Initiative Against Transnational Organized Crime , 2023.  38p.

By Ilia Gaglio, Jacopo Guzzon, Katarina Bartz, Luca Marcolin, Rrap Kryeziu, Emma Disley, Jirka Taylor, Shann Hulme

The present study to strengthen the fight against corruption in the EU aims at providing recommendations for possible EU measures in the area of corruption prevention and repression and to assess and compare the impacts of the identified policy options. The core problems, drivers and issues of the EU anti-corruption acquis, the need for and added value of EU action and the relevant policy objectives were identified through detailed desk research and numerous consultation activities. Overall, the assessment pointed to legislative and operational barriers that hinder both the prevention and the fight against corruption in the EU. Main barriers include significant differences in terms of legislative and administrative arrangements in place at the national level to fight against corruption, as well as a lack of adequate data collection and monitoring of corruption data and trends that prevents sufficient prevention of corruption in the EU. …

Publications Office of the European Union, 2022. 193p.

Edited by Peter Larmour and Nick Wolanin 

There is new international attention being given to the old problem of corruption. It has been taken up by international organisations, and driven by economic analysis. It is impatient of cultural justifications, and suspicious of state action. It is concerned with corruption prevention as much as detection, investigation and prosecution. Corruption and Anti-Corruption deals with the international dimensions of corruption, including campaigns to recover the assets of former dictators, and the links between corruption, transnational and economic crime. It deals with corruption as an issue in political theory, and shows how it can be addressed in campaigns for human rights. It also presents case studies of reform efforts in the Philippines, India and Thailand. The book explains the doctrines of a well-established domestic anti-corruption agency. It is based on research to develop a curriculum for a unique international training course on ‘Corruption and Anti-Corruption’, designed and taught by academics at The Australian National University, the Australian Institute of Criminology and public servants in the New South Wales Independent Commission Against Corruption. Versions have been taught in Canberra, and several countries in South East Asia.

Canberra: ANU Press, 2013.  286p.

By Federico Ceschel  · Alessandro Hinna  · Fabian Homberg

Corruption is widespread and preventive strategies to reduce corruption need to be adapted within the local context. Considering the United Nations (UN) Convention against corruption as our starting point, the paper presents a literature review based on 118 articles on corruption prevention initiatives in the public sector. The analysis indicates a substantial alignment between the guidelines deriving from the UN Convention, except for a lack of work on the risk-based approach to corruption prevention. Further, the review indicates problems with research designs. Based on the insights generated from the analysis, we develop an agenda for future research. 

Public Organization Review (2022) 22:571–591 

By Nikos Passas

Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology

London; New York: Routledge, 2013. 642p.

By Clete Snell

The social acceptance of tobacco use obscures the fact that it is the single greatest preventable cause of death in the U.S., and approximately 80% of those who use tobacco products began using them before the age of 18. Indeed, tobacco companies in the past routinely targeted youth in their marketing and advertising, hoping to hook kids young and keep them with their original brand. Snell explores the tobacco industry's campaign to attract youth smokers and provides an overview of the FDA's investigation of the tobacco industry and how those investigations revealed the industry's deceptions and their specific intent to target youths….As a result of the Master Settlement with the tobacco industry, many states have developed comprehensive programs that have resulted in a substantial decline in youth tobacco use. While national efforts at tobacco regulation have largely failed, local tobacco control efforts have mostly been successful. Snell shows that the future of youth tobacco policy depends on the continued funding of tobacco prevention programs at the state and local level and illustrates that there is considerable evidence that the tobacco industry is shifting its marketing approach to minority populations and developing nations.

Westport, CT: Greenwood Press, 2005. 188p.

By E. LeGresley and E. Lindblom

Each year approximately 400 billion cigarettes, or one-third of all legally exported cigarettes, end up illegally smuggled across international borders. Cigarettes are the world’s most widely smuggled legal consumer product. Cigarette smuggling hurts the world’s nations by evading otherwise applicable duty fees and taxes. Even worse, it increases the number of smokers by providing a less-expensive supply of cigarettes, especially for the young and the poor. National efforts to restrict access to cigarettes by children can be undermined by the availability of cheap contraband cigarettes. In addition, cigarette smuggling that steals away public revenues leaves less funding available for public health efforts. At the same time, it reduces available revenues for health care and law enforcement. The major international cigarette companies say that the solution for the world’s governments is to reduce cigarette taxes and duty fees to reduce the incentives to smuggle. But an enormous, growing body of evidence shows that the major cigarette companies, themselves, have knowingly fostered and have consciously supported cigarette smuggling. In doing so, they have been able to penetrate otherwise closed markets, to increase the sales of their brands by making them available at lower prices, and to provide an argument against high or increased levels of cigarette taxes or import duties

Washington, DC: Campaign for Tobacco-Free Kids, 2002. 54p.

By The World Health Organization

The Protocol to Eliminate Illicit Trade in Tobacco Products is the first protocol to the WHO Framework Convention on Tobacco Control (WHO FCTC), and a new international treaty in its own right. It was adopted by consensus on 12 November 2012 at the fifth session of the Conference of the Parties (COP) to the WHO FCTC (Seoul, Republic of Korea, 12–17 November 2012). The Protocol builds upon and complements Article 15 of the WHO FCTC, which addresses means of countering illicit trade in tobacco products, a key aspect of a comprehensive tobacco control policy. The Protocol was developed in response to the growing international illicit trade in tobacco products, which poses a serious threat to public health. Illicit trade increases the accessibility and affordability of tobacco products, thus fuelling the tobacco epidemic and undermining tobacco control policies. It also causes substantial losses in government revenues, and at the same time contributes to the funding of transnational criminal activities. The objective of the Protocol is the elimination of all forms of illicit trade in tobacco products, in accordance with the terms of Article 15 of the WHO FCTC.

Geneva: WHO, 2013. 68p.