By Global Financial Integrity, FACT Coalition, and the Anti-Corruption Data Collective

Today Global Financial Integrity, in conjunction with the FACT Coalition and the Anti-Corruption Data Collective, is releasing a report with identifies 25 cases in which illegal, allegedly illicit or suspicious funds were funneled into commercial property in the United States over approximately the last 20 years. With a total value of property exceeding $2.6 billion, California, Florida and New York are some of the most favored locations for these illegal investments, but criminals stashed money across some 20 different states. This money originated from around the globe and includes suspicious funds from 14 countries, including Iran, North Korea, Kazakhstan, Russia and Mexico. As varied as the sources of funds were, so too were the types of properties involved. Hotels, shopping malls, supermarkets, a music studio and an equestrian facility in addition to more pedestrian office high-rise

It should be noted that our research represents only known cases involving U.S. commercial real estate: the actual number is likely much higher. Our data definitively shows, however, that commercial property in the U.S. offers criminal syndicates, cartels, kleptocrats and fraudsters an easy path to hide and launder their ill-gotten gains. Russian oligarchs facing international sanctions have also invested in U.S. commercial real estate. Shockingly, eight of the 25 cases involve foreign government officials or their relatives, yet the links to these Politically Exposed Persons were only uncovered long after the purchases.In recent years it has become increasingly clear that the combination of complex financing schemes and a lack of transparency mean commercial real estate provides a unique opportunity for laundering huge amounts of cash with a relatively low risk of detection. Identifying who is behind the purchase of commercial property often presents a significant challenge given large financial flows from real estate investment trusts and private investment groups, in addition to funds from shell companies formed and operated by registered agents, proxies and/or attorneys. Key Findings – More than $2.6 billion in suspicious funds were invested in commercial real estate in 22 U.S. states over approximately the last 20 years. The actual figure is likely much higher.– Funds used to buy commercial real estate in the United States originated in 14 different countries including Russia (4 cases), Mexico (4 cases), China, Malaysia, Iran and Kazakhstan (see Map 2). – Of the 25 cases reviewed for this study, 14 involved either politically exposed persons or oligarchs who typically have especially close relationships with foreign government officials. – The types of properties appearing in cases fall into four broad categories: land/buildings, business facilities (e.g. music studios, health facilities), retail spaces (e.g. supermarkets, hotels) and industrial sites (e.g. steel plants). – Weak or non-existent reporting requirements by professions involved in the purchase of commercial real estate contributed to the ease with which illicit funds were laundered.Recommendations 1.FinCEN should adopt a reporting obligation for multiple real estate professionals in a cascading order to ensure the requirement falls on at least one U.S.-based entity involved in the transaction, from both the buyer and the seller. As attorneys are legally required to be part of the closing process in almost 20 states, attorneys should be included with specific reference to the function they perform in the transaction.The rule should cover transfers of ownership that do not constitute a sale. Current rules only refer to purchases of real property by a legal entity. However, numerous cases of real estate money laundering simply involve the transfer of ownership or creation of equitable interest in the property without an actual sale. FinCEN should expand the types of transactions covered to include direct/indirect transfers of ownership or creation of equitable interest in the property.The rule should cover transactions by trusts: An increasing proportion of housing is now owned by legal entities and arrangements, including trusts. In Los Angeles, for example, 23% of rental units are owned by trusts. Both foreign and some domestic trusts are excluded from the purview of the Corporate Transparency Act. We recommend that transactions by all different classes of legal entities and legal arrangements be included in any prospective rule.

Washington, DC: Global Financial Integrity, 2024. 21p.

By Andres Martinez-Fernandez

Key Points

• Corruption is an urgent challenge in Mexico that undermines political stability, economic development, the rule of law, efforts to combat organized crime, and the effectiveness of public services.

• Corruption in Mexico’s security forces is a key contributor to the sharp rise of organized criminal violence and severely handicaps US-Mexico security cooperation against drug cartels.

• President Andrés Manuel López Obrador’s emphasis on combating money laundering and his empowerment of Mexico’s Financial Intelligence Unit are positive developments for the government’s anti-corruption efforts. However, an increasingly hostile stance to US-Mexico security cooperation, the politicization of investigations, neglect of independent institutions, and inattention to cartel corruption are all concerning.

• The US should use a combination of diplomatic engagement, expanded cooperation against money laundering, and unilateral enforcement actions to restore trust and the effectiveness of bilateral security and anti-corruption cooperation while pushing Mexico to address its anti-corruption blind spots.

Washington, DC: American Enterprise Institute, 2021. 32p.

ByThe Financial Action Task Force

he COVID-19 pandemic has led to unprecedented global challenges, human suffering and economic disruption. It has also led to an increase in COVID-19-related crimes, including fraud, cybercrime, misdirection or exploitation of government funds or international financial assistance, which is creating new sources of proceeds for illicit actors. Using information provided to the members of the FATF Global Network on 7 and 23 April, this paper identifies challenges, good practices and policy responses to new money laundering and terrorist financing threats and vulnerabilities arising from the COVID-19 crisis.

As the world is focusing on responding to the COVID-19 pandemic, it is impacting on the ability of government and the private sector to implement anti-money laundering and counter terrorist financing (AML/CFT) obligations in areas including supervision, regulation and policy reform, suspicious transaction reporting and international cooperation. This could lead to emerging risks and vulnerabilities that could result in criminals finding ways to:

• Bypass customer due diligence measures;

• Increase misuse of online financial services and virtual assets to move and conceal illicit funds;

• Exploit economic stimulus measures and insolvency schemes as a means for natural and legal persons to conceal and launder illicit proceeds;

• Increase use of the unregulated financial sector, creating additional opportunities for criminals to launder illicit funds;

• Misuse and misappropriation of domestic and international financial aid and emergency funding;

• Exploit COVID-19 and the associated economic downturn to move into new cash-intensive and high-liquidity lines of business in developing countries.

AML/CFT policy responses can help support the swift and effective implementation of measures to respond to COVID-19, while managing new risks and vulnerabilities. This paper provides examples of such responses, which include:

• Domestic coordination to assess the impact of COVID-19 on AML/CFT risks and systems;

• Strengthened communication with the private sector;

• Encouraging the full use of a risk-based approach to customer due diligence;

• Supporting electronic and digital payment options.

Paris: FATF, 2020. 34p.

By The Financial Action Task Force (FATF)

The COVID-19 pandemic has led to unprecedented global challenges, human suffering and economic hardship. The pandemic has also spawned a range of COVID-19-related crimes, which are creating new sources of income for criminal networks. In May, the FATF highlighted the COVID-19-related money laundering and terrorist financing risks and policy responses.

Today, the FATF releases an Update-COVID-19-Related-Money-Laundering-and-Terrorist-Financing-Risks

The paper confirms the concerns expressed by the FATF in May, including:

• Changing financial behaviours - especially significant increases in online purchases due to widespread lockdowns and temporary closures of most physical bank branches, with services transitioning online.

• Increased financial volatility and economic contraction - largely caused by the losses of millions of jobs, closures of thousands of companies and a looming global economic crisis.

To respond to these evolving risks, authorities and the private sector need to take a risk-based approach, as required by the FATF Standards. This means mitigating the money laundering and terrorist financing risks without disrupting essential and legitimate financial services and without driving financial activities towards unregulated service providers.

Supervisors should also clearly communicate about the national risk situations and regulatory expectations. There is no one-size-fits-all approach. However, the FATF’s report on risks and policy responses provides guidance on how jurisdictions should address these issues.

Paris: FATF, 2020. 34;p.

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 Paul Michael Gilmour

Purpose – Money laundering poses significant challenges for policymakers and law-enforcement authorities. The money-laundering phenomenon is often acknowledged as a type of “serious and organised crime” yet has traditionally been described as a complicated three-stage process, involving the “placement, layering and integration” of criminal proceeds. This article aims to reexamine the money-laundering concept within the realm of organised crime and critique its legal underpinnings. Design/methodology/approach – This paper explores how criminal actors collude in organised money laundering schemes to circumvent laws and frustrate the efforts of officials, while advancing the regulatory-spatial paradigms of which organised money launderers operate. In doing so, it reframes the debate towards the “who” and “where” of money laundering. Findings – This paper argues that authorities’ efforts to combat money laundering relies on rigid legal definitions and flawed ideals that fail to address the money-laundering problem. Originality/value – There has been little scholarly debate that questions the fundamental approach to conceptualising money laundering. This paper proposes a new approach to combating money laundering that better incorporates the actors involved in money laundering and the spaces in which it occurs.

Journal of Financial Crime , 2022

By Michael Levi

Money laundering has ascended the enforcement and criminological agenda in the course of this century, and has been accompanied by an increased focus on legal professionals as ‘enablers’ of crime. This article explores the dynamics of this enforcement, media and political agenda, and how the legal profession has responded in the UK and elsewhere, within the context of ignoring the difficulties of judging the effectiveness of anti money laundering. It concludes that legal responses are a function of their lobbying power, the determination of governments to clamp down on the toxic impacts of legal structures, and different legal cultures. However, it remains unclear what the effects on the levels and organization of serious crimes for gain are of controls on the professions.

Trends in Organized Crime volume 24, pages96–110 (2021)

Austin F. Cullen, Commissioner, et al.

This Commission was established in the wake of significant public concern about money laundering in British Columbia. The public was rightfully disturbed by the prospect of criminals laundering their cash and parking their illicit proceeds in this province. I was given a broad mandate to inquire into and report on money laundering in British Columbia, including: • the extent, growth, evolution, and methods of money laundering in various sectors of the economy; • the acts or omissions of responsible regulatory agencies and individuals that contributed to money laundering in the province; • the effectiveness of the anti–money laundering efforts by these agencies and individuals; and • barriers to effective law enforcement.

Vancouver: Province of British Columbia 2022. 1831p.

By Julia Yansura

Proceeds from extortion in Guatemala, Honduras and El Salvador amount to more than US$1.1 billion annually according to a new study by Global Financial Integrity (GFI). The report, which examined data for individuals and businesses, also reveals that an estimated 330,000 people in the Northern Triangle region of Central America fall victim to extortion each year. Extortion against individuals is estimated at US$40 million – $57 million a year in Guatemala, US$190 million – $245 million a year in El Salvador, and $30 million – $50 million a year in Honduras. Data on extortion paid by businesses is not comparable across countries due to significant gaps in data availability. The report, titled Extortion in the Northern Triangle of Central America: Following the Money, assesses the value of this activity and seeks to better understand how the proceeds of extortion are used and laundered. It also considers whether anti-money laundering and counter-terrorism financing (AML/CFT) strategies are being effectively utilized to combat extortion.

Washington, DC: Global Financial Integrity, 2022. 39p.

By David Soud, Ian Ralby and Rohini Ralby: Organisation for Economic Co-operation and Development (OECD)

Gold flows within Venezuela can be categorized under two broad headings: centralised and dispersed. The centralised flows carry a portion of production from the country’s myriad small mining operations to the government-monitored trading hubs. Centralised flows reportedly include gold transfers from the Venezuelan Central Bank to foreign governments and other entities in Turkey, the United Arab Emirates, Iran and elsewhere. While these flows of gold out of Venezuela might be considered legal, companies are still expected to carry out enhanced due diligence to ascertain whether conditions of extraction and trade are associated with actual or potential risks of severe human rights abuses, conflict financing and other financial crimes as per the OECD Guidance, as well as environmental harm.

In contrast, dispersed flows are those that leave the country from mining areas by various other routes. The Venezuelan military and political elites, Colombian militant groups, and domestic gangs are reported to be key actors in both categories of domestic gold flows. Gold from dispersed flows departing Venezuela appears to be laundered primarily within the Latin America and Caribbean region, mainly in one or more key regional transit hubs. Laundering networks can, however, extend across the globe and actors connected in other continents. Since many of the high-risk gold flows out of Venezuela involve regional transit hubs as well as distant transit countries and destination markets, any approach to mitigating the risks tied to Venezuelan gold should include regional and international coordination among both government and industry actors. This consideration is heightened by the evident involvement of transnational criminal organisations and designated terrorist groups in exploiting mining communities, extracting gold and laundering it into the legitimate supply chain. The resulting picture is preliminary but also revealing. The role of the maritime space in high-risk gold flows needs more attention; so does the role played by Free Trade Zones (FTZs) in facilitating gold flows and related financial crimes. A few recommendations on how best to address the risks that characterise Venezuelan gold flows conclude the report.

Paris: Organisation for Economic Co-operation and Development (OECD) 2021. 68p.

European Parliament

In July 2021, the European Commission tabled a proposal to establish a new EU authority to counter money laundering and the financing of terrorism (AMLA). This was part of a legislative package aimed at implementing the 2020 action plan for a comprehensive Union policy on preventing money laundering and the financing of terrorism. The AMLA would be the centre of an integrated system composed of the authority itself and the national authorities with an AML/CFT supervisory mandate. It would also support EU financial intelligence units (FIUs) and establish a cooperation mechanism among them. The Council achieved a partial political agreement on the proposal on 29 June 2022. In the European Parliament, the file was referred to the Committee on Economic and Monetary Affairs (ECON) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). The co-rapporteurs issued their joint report in May 2022. The joint committee report was voted on 28 March 2023 and the mandate to enter trilogues was granted by the plenary on 17 April 2023. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. The first edition was written by Carla Stamegna.

Brussels: European Parliament, 2020. 10p.

By Walter Kemp, Kristina Amerhauser and Ruggero Scaturro

The Western Balkans is a crossroads for the trafficking of many illicit commodities, and a geographical hub for the smuggling of migrants who are trying to enter Western Europe. While these facts are well known, information on the size of the markets and the potential profits is less evident. And while the Western Balkans has a bad reputation for laundering illicit proceeds, there is not much information on cities or sectors where it is a problem. This report sheds light on the dark numbers of mixed migrant flows through the Western Balkans, the prices that they pay to be smuggled, as well as the cost of drugs in the region. To do this, it uses an approach pioneered in two previous Global Initiative Against Transnational Organized Crime (GI-TOC) reports on organized crime in the Western Balkans, namely pinpointing and looking at what is going on in selected hotspots, especially high-volume entry and exit routes through which migrants are smuggled, and key drug trafficking nodes. Focusing on illicit activity in these hotspots provides a close-up look at the drivers and enablers of organized crime. At the same time, an analysis of these hotspots in a regional context gives an indication of the volume of illicit trade and the potential profits being made.

• More.....

  After looking at the amounts of money being made in these hotspots and showing where and how the smuggling of migrants and drugs is taking place, the report looks at a third flow – money. The third section of the report explains how money laundering works in the region both in terms of cleaning small amounts in the informal economy as well as bigger volumes generated by serious organized crime and large-scale corruption. It identifies sectors and industries as well as particular hotpots in the Western Balkans that are particularly vulnerable to money laundering. This report contains a wealth of information that was gathered in the fourth quarter of 2020 – despite the COVID-19 pandemic. The findings are based on field research and interviews carried out with current and former law enforcement officials; investigative journalists; researchers; local officials; asylum seekers and migrants; drug users; humanitarian agencies; international organizations; and representatives of civil society in the hotspots. It also draws on secondary sources, such as analytical and media reports, and official government information. To make this information more user-friendly, a number of maps and graphics have been specially produced for this report.

Geneva: Global Initiative Against Transnational Organized Crime. 2021. 88p.

Edited by Frank Bovenkerk and Michael Levi

In his social investigative writings on "the serious crime community" which describes the loose merger of corporate interests, organized crime and political crime, professor Alan A. Block of Penn State University has proven to be one of the most inspiring criminologists in the field. An international group of pupils and friends dedicate this book to him which contains original contributions on the troubled concept of organized crime, the social history of crime groups in the United States, corruption in the United Nations Oil-for-Food Program in Iraq, the struggle against identity fraud, the world of drugs and the adverse consequences of criminalization, the money-laundering control movement, International Tribunals against war crimes and a Jewish studies chapter on the role of bystanders during the Holocaust.

New York: Springer, 2007. 246p.

By Steven S. Dudley

The U.S. Government estimates that 90 percent of the illicit drugs entering its borders passes through the Central American Isthmus and Mexico. Of this, close to half goes through Central America.1 Functioning as a transshipment point has had devastating consequences for Central America, including spikes in violent crime, drug use and the corroding of government institutions. Mexico receives most of the media attention and the bulk of U.S. aid, but the Northern Triangle – Guatemala, El Salvador and Honduras – have combined murder rates roughly double that of Mexico. While Mexico is having some limited success dealing with its spiraling conflict, vulnerable States in Central America are struggling to keep the organized criminal groups at bay, even while they face other challenges such as widespread gang activity. U.S. and Mexican efforts to combat the drug cartels in Mexico seem to have exacerbated the problems for Central America, evidenced by ever increasing homicide rates. 2 “As Mexico and Colombia continue to apply pressure on drug traffickers, the countries of Central America are increasingly targeted for trafficking, which is creating serious challenges for the region,” the State Department says in its recently released narcotics control strategy report.3 Problems are particularly acute in Guatemala, El Salvador and Honduras, three States with vast coastlines, large ungoverned spaces and the greatest proximity to Mexico. However, geography is only part of the problem. Armed conflicts in Guatemala, El Salvador and parts of Honduras between 1960 and the mid-1990s laid the foundations for the weapons trafficking, money laundering and contraband traffic that we are witnessing today. Peace accords in Guatemala and El Salvador, and police and military reform, only partially resolved deep-seeded socio-economic and security issues, and, in some cases, may have accelerated a process by which drug traffickers could penetrate relatively new, untested government institutions. Despite the gravity of the problem, Central America has had little regional or international cooperation to combat it. Examples of cross-border investigations are few. Communication between law enforcement is still mostly done on an ad-hoc basis. Efforts to create a centralized crime database have failed. Local officials are equally frustrated by the lack of international engagement and policies that often undermine their ability to control crime, especially as it relates to alleged gang members.

Washington DC: Woodrow Wilson Center for International Scholars; Trans-Border Institute, San Diego: University of San Diego; 2010. 30p.

By Rolando Navarro Gómez

Authorized to Steal: Organized Crime Networks Launder Illegal Timber from the Peruvian Amazon reveals the extent to which public officials systematically enable criminal networks to illegally harvest timber in Peru. It identifies by name 34 Peruvian government officials who have been complicit in laundering timber from harvest to sale. In addition, it elaborates the administrative, civil, and criminal penalties officials could face for their role in enabling illegal logging and explores how the failure to enforce these penalties allows the continued proliferation of illegal practices in Peru’s logging sector.

Washington, DC: Center for International Criminal Law, 2019. 54p.

By United Nations Office on Drugs and Crime (UNODC)

The COVID-19 pandemic has swept across the world, killing hundreds of thousands of people, and testing public healthcare systems to a breaking point. Many areas of economic activity have either been shut down by governments to halt the spread of the virus or have seen demand collapse. In many countries where organized criminal groups are prevalent, struggling private businesses – many unable to access enough public funds to keep them afloat – are more likely to seek out loans on the illicit market than they would be at other times. Businesses in the transport, hospitality, arts, retail, and beauty sectors are particularly vulnerable to infiltration by organized criminal groups (OCGs). As these businesses begin to reopen, some will find themselves either in the debt of OCGs, or directly controlled by them. The OCGs can seize control either through exchange of money for buying shares or by directly taking over operations. This generates more opportunities for criminal activity, including money laundering and trafficking activities, enabling OCGs to further expand their control and power over the licit economy.

Vienna: UNODC, 2020. 37p.

By InSight Crime

This detailed study traces connections between wealthy and political elites in Honduras, and organized crime. For Honduran transnational elites, the state’s role is simple: to create and enforce rules that favour their continued power over key industries and the capital accumulation that accompanies it. Currently, all the elites seem to be facing the same dilemma: align their interests with the narco-powers surging in the country, or stand by as they assume control of the country’s most important economic and political levers. The dirty money provided by illicit criminal groups and businesses has become the difference that makes the difference in survival for the elite classes

Washington, DC: InSight Crime, 2016. 95p.

By Steven Dudley and Matthew Taylor

There are three major types of criminal networks in the Americas, and each requires the United States government to take a substantially different approach towards mitigating their power and effect . State-embedded networks are embedded in elected bodies, law enforcement, judicial entities, regulatory agencies, and other parts of the government. They use state power to enrich themselves and their partners via corrupt and criminal schemes and to systematically undermine the rule of law and regulatory powers, so as to protect their activities and ensure impunity. These networks are the most difficult for the United States government to address because they are, by definition, the US government’s counterparts. They may also play a double game, employing their resources towards battling some criminal activities, which may correspond with US interests, even while they shelter and build out their own criminal portfolios. Battling state-embedded networks requires empowering international and local bodies, as well as supporting civil society organizations and media. Social-constituency networks draw from a constituency, built on shared circumstances, heritage, and/or political beliefs, and create criminal networks that advance the interests of the constituency. They may provide protection from rival criminal groups and a predatory state, while also providing tools for social and economic advancement. They draw from various criminal economies, but their power base is decidedly social and political in nature. Entrepreneurial networks are designed like a commercial enterprise with multiple layers and a loose structure, which allow them to maximize profit and minimize risk. They mostly provide goods and services, but they are sometimes predatory and often employ violence. While the core of these networks is often one or more tight-knit families – which provide them many built-in advantages in terms of trust, recruitment, and conflict resolution – these networks are governed by profit motives, and they derive their power from economic capital.

Washington, DC: InSight Crime and American University’s Center for Latin American & Latino Studies, 2022. 155p.