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If you are a Canadian in the finance, real estate or any sort of money =
business, you should be aware of our newq money laundering legislation. =
The following is a bit of a primer about money laundering around the =
world - subscription availability is at the bottom.
----- Original Message -----=20
From: [email protected]=20
To: [email protected]=20
Sent: Thursday, March 25, 2004 1:48 AM
Subject: World Money Laundering Report: Digest 20040325
World Money Laundering Report: Digest
WMLR Digest
25 March, 2004=20
In World Money Laundering Report: Online this week
See www.wmlro.com to subscribe
*** UK: Financial Institutions required to freeze more assets
The UK has announced the names of more targets for asset freezing and =
all UK financial institutions must look for anything they may hold.
Subscribe at www.wmlro.com for full story
*** HK: e-mails link to fraudulent bank website, says HKMA
Hong Kong's HKMA has warned of a spam scam leading the curious to a =
fraudulent website purporting to be Hang Seng, a subsidiary of HSBC. =
Hang Seng comment, too.
Subscribe at www.wmlro.com for full story
*** UN condemns Israel's murder of Palestinian - but only just
Israel has accused the UN's Human Rights body of supporting terrorism =
because it has passed a resolution condemning Israel's murderous attacks =
in Palestinian territory. Others see Israel ignoring a succession of UN =
initiatives. And in the Security council, the US stifled attempts for a =
resolution making similar condemnation. Why? Is it semantics or =
politics?
Subscribe at www.wmlro.com for full story
*** Caution required: questions asked over Brazilian "bank."
The website of a company claiming to be bank is quite impressive. It's a =
real company with, apparently, real business. But something doesn't look =
quite right. It may be an idea to exercise caution, although there is =
nothing specific we can put our fingers on.=20
Subscribe at www.wmlro.com for full story
*** Similar names cause confusion in investment scam
Robert J Smith, not the lawyer referred to in another article in WMLR:O, =
is one person named by the Manitoba Securities Commission as engaged in =
an "investment scam." But its not the only name that involved that might =
cause considerable confusion.
Subscribe at www.wmlro.com for full story
*** Can: lawyer nearly disbarred after laundering scheme
Robert J Smith, a former Saskatoon judge who returned to practice in =
1995 after being invited to resign from the bench, has now been invited =
to resign from his profession following involvement in dealing in =
criminal proceeds. But there are lessons for every lawyer....
Subscribe at www.wmlro.com for full story
------
>>> Compliance Programmes <<<
Design, implementation audit, monitoring
Inspection of and reporting on compliance=20
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EU, South East Asia, USA
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www.countermoneylaundering.com
-------
*** UK FSA: "Final Rules" on conflicts in research
When will the FSA stop aping the USA? Now it's taken to using the term =
"Final Rules." Aside from the annoying habit of poor linguistics, its =
Rules on conflict between research and business are important.=20
Subscribe at www.wmlro.com for full story
*** Spammers find way around CAN SPAM Act
It's absolutely no surprise that spammers have found what they think is =
a way around the Can Spam Act.=20
Subscribe at www.wmlro.com for full story
*** OECD announced "Further Progress In Eliminating Harmful Tax =
Practices."
The headline is taken from an OECD press release and you will see that =
it is full of capital letters, suggesting it is aimed for the US market =
where yesterday a steady stream of politicians began to argue against =
the USA's concentration on tax information exchange, repeating the =
oft-heard argument that the USA has a great competitive advantage from =
its tax regime, and it should be very cautious before throwing it away.
Subscribe at www.wmlro.com for full story
*** OFAC: List changes 22 March
OFAC has made significant changes to its lists. Full details here.
Subscribe at www.wmlro.com for full story
*** UK: Large fine for complaints handling failure.
The UK's Financial Services Authority has fined Allied Dunbar GBP725,000 =
for failing to properly handle complaints.
Subscribe at www.wmlro.com for full story
*** Malaysia: Businesses breathe better because Badawi's ballot box =
boss.
As the voting came in overnight for the first Malaysian elections for =
almost three decades where Mahathir, the father of modern Malaysia, was =
not standing as incumbent PM the quiet man of Malaysian politics, =
Abdullah Badawi watched with characteristic calm as his new coalition =
trounced the fundamentalist PAS even in their homelands. The result may =
be the signal the Malaysian economy has been waiting for.=20
Subscribe at www.wmlro.com for full story
*** US: Oxley's at it again
If you thought Senator Oxley would have burned out by his work on the =
Sarbanes-Oxley Act, forget it. He's setting about Insurance Regulation =
now - and with a plan for federal regulation, he's getting support.=20
Subscribe at www.wmlro.com for full story
--------
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World Money Laundering Report: Digest NEWS
*** It might seem a bit mean to be Microsoft bashing on the day after =
they get the biggest ever fine for abusing a dominant position (hey, EU, =
don't be afraid, Mr Gates ain't goin' to get you). In any case, it's a =
false dawn for the EU, the financial institutions bit of which has =
signed up for Microsoft's data interchange for interbank transactions. =
If they really wanted to do something about MS's business practices, the =
EU should have simply embargoed MS product in all EU institutions. But =
then the US would have started a trade war and stopped buying French =
cheese and wine and started calling French Fries something less European =
(oh, we forgot, they tried that, already).
And there is a really, really funny press release from an ABPG (another =
bloody pressure group). This one has the delightful name of Citizens =
Against Government Waste and is therefore uniquely placed to comment on =
the EU's decision. They say "Citizens Against Government Waste (CAGW) =
today expressed outrage over the draconian punishment handed down by the =
European Commission (EC) to Microsoft for violating European antitrust =
laws." Actually, for the record, in Europe we have competition and =
monopoly laws. The CAGW expresses its "outrage" thus: ""The decision by =
the European Commission will have a global impact of negative =
consequence," CAGW President Tom Schatz said. "In most international =
antitrust cases, courts will rely on precedent if a decision has been =
made in another jurisdiction. This is to ensure stability in the global =
marketplace. Microsoft had already reached a fair agreement in U.S. =
courts that the EC should have followed."
"As the rest of the world continues to grow technologically, Europe will =
lag behind if it does not change its mindset," Schatz concluded. "The =
European Commission should not have issued a decision that defies =
precedent and will have such a negative impact on the global economy. It =
is imperative that when Microsoft appeals this decision that the United =
States government weighs in on behalf of the American consumer and =
taxpayer." There's a pic of Mr Schatz, who looks very displeased about =
something, at =
http://www.cagw.org/site/PageServer?pagename=3Dnews_media_page . They =
say of themselves "Citizens Against Government Waste is the nation's =
largest nonpartisan, nonprofit organization dedicated to eliminating =
waste, fraud, abuse, and mismanagement in government." No room to =
advocate Linux there, then. And no, their website doesn't say who funds =
them except to solicit "tax deductible donations." But taking two =
figures from their website and performing a simple calculation (USD687 =
milliard / 9,000) they have raised from donations etc some USD73.33 =
million dollars.
But that's not what we want to be mean about. It's the simple thing that =
we have absolute evidence (because it was addressed to us) that a =
Microsoft group company is marketing its wares to e-mail addresses =
harvested from websites and sending unsolicited commercial e-mail to =
them: and that's SPAM. The e-mail does not have a physical address for =
the sender and it does not have an unsubscribe option. If this spam were =
sent from the USA, or to the USA from outside the USA, then the sender =
is at risk of action under the CAN SPAM Act. Unfortunately (but =
fortunately for MS), 1) the mail might have been sent by an agent - hard =
to tell - and 2) our copy of the message went to a domain hosted in the =
UK - shame it did not go to one hosted in the USA. Had it done so, then =
we could have had a huge giggle at Microsoft's expense - as it is, it's =
just a snigger. But it's still funny.=20
*** Long story: how not to wind up a financial services group
On Monday, March 22, 2004, attorneys representing Metropolitan Mortgage =
& Securities Co., Inc., Summit Securities, Inc. and Metropolitan =
Investment Securities, Inc. (collectively, the "Debtors") filed a =
complaint in the U.S. Bankruptcy Court for the Eastern District of =
Washington, seeking a stay of pending and future litigation against the =
Debtors and their subsidiaries and their respective directors and =
officers (collectively, the "Insureds").
"This action was taken first in order to preserve the proceeds of the =
Insureds' directors' and officers' liability insurance policies and =
professional liability insurance policies (the 'Policies')," said Ford =
Elsaesser, outside counsel to Summit Securities, adding, "the insurance =
coverage represents a valuable asset of the Debtors' bankruptcy estates =
that will potentially be reduced to the extent that funds are expended =
to defend these matters."
Elsaesser further pointed out that "Debtors' officials feel the =
insurance proceeds should be preserved as part of the assets available =
to all claimants whose claims are valid and insured by the Policies. =
During the bankruptcy process, the Debtors are hopeful that outstanding =
civil litigation implicating the Policies can be consolidated to further =
reduce costs and ensure an equitable distribution to prevailing =
claimants."
According to Douglas Siddoway, a Randall & Danskin attorney working with =
the Creditors Committee for Metropolitan Mortgage, the Committee =
supports the filing "in order to preserve this bankruptcy asset."
On 4th February 2004, Metropolitan Investment Securities, Inc. ("MIS"), =
a subsidiary of Summit Securities, Inc., filed for liquidation under =
Chapter 7 of the U.S. Bankruptcy Code. The voluntary petition was filed =
in the Eastern District of Washington, located in Spokane, Washington. =
MIS' assets principally consisting of a cash operating account and two =
segregated accounts established pursuant to an agreement entered into by =
MIS with the National Association of Securities Dealers ("NASD") in =
connection with MIS' settlement with the NASD in October 2003. The first =
account held USD1 million in a special escrow account for payment to =
finally resolved claims of certain customers of MIS. The other account, =
the restitution account, was created to provide identified restitution =
amounts to certain customers identified by the NASD. Of the approximate =
USD2.8 million originally deposited into that account, nearly USD2.2 =
million has been distributed to customers since November 2003 when t
he restitution account was created. The filing followed MIS' decision =
to cease operations on December 15, 2003. MIS' sole activity since =
mid-December until liquidation was servicing its obligation under the =
agreement with the NASD, transferring all of its customer accounts to =
other broker dealers and winding down its operations. At the time of =
filing, MIS had no customer accounts and no employees, officers or =
directors.
On the same day, related companies issued the following statement: =
"Metropolitan Mortgage & Securities Co., Inc. and Summit Securities, =
Inc. today filed for bankruptcy relief under Chapter 11 of the =
bankruptcy code. The filing occurred in the U.S. Bankruptcy Court for =
the Eastern District of Washington, in Spokane, and followed the =
companies' earlier announcement that the filing was expected this week. =
The companies' insurance subsidiaries are financially sound, remain =
operating and were not included in the filing.=20
"We believe Chapter 11 gives us the best opportunity to restore trust =
and faith in the companies," said Bill Smith, Chief Financial Officer =
for both companies. "As we said earlier, we anticipate putting into =
place a plan of reorganization that will allow the companies to combine =
and reorganize through a debt-for-equity arrangement. This arrangement =
will likely provide current bondholders and creditors with substantially =
all ownership in the reorganized company."
"We are working cooperatively with bondholders, creditors and the court =
and plan to emerge as soon as possible from bankruptcy with a strong, =
vibrant company operating with the highest level of integrity," said =
Smith. "We know that our exit from bankruptcy is a difficult process =
that could take up to a year, and we also know the anguish this filing =
may have caused our investors and those who have put their faith in us. =
We are firmly committed to satisfying our financial obligations to the =
maximum extent possible."
"These Chapter 11 filings do not affect the continuing operations of the =
companies' subsidiary insurance companies, which will continue their =
business as usual. The insurance company subsidiaries remain subject to =
the jurisdiction of state insurance regulators charged with protecting =
the interests of policyholders and claimants in all states and =
territories. The insurance companies remain committed to cooperate with =
the state insurance regulators in their efforts to protect the interests =
of policyholders and annuitants.=20
"Metropolitan and Summit emphasized that the restructuring process =
should have little effect on their ability to fulfill their obligations =
to employees or to pay vendors for goods and services. As a result of =
the Chapter 11 filings, the companies will be prohibited from paying =
certain pre-filing obligations. In due course, the companies believe the =
court will permit them to continue post-filing daily operations without =
interruption."
On 5th March 2004, the Washington Insurance Commissioner brought an =
action in relation to a sister company, Western United Life Assurance =
Company. The company said :" Metropolitan Mortgage & Securities Co., =
Inc. today acknowledged action taken this week by the Washington State =
Office of the Insurance Commissioner (the "OIC") to initiate a voluntary =
rehabilitation of, appoint a receiver for, and assume control of the =
Company's wholly owned subsidiary, Western United Life Assurance Company =
("WULAC"). Since December 2003, the OIC has been engaged in supervising =
WULAC.
"We understand that the Commissioner took this action to ensure the =
financial protection of WULAC," said William A. Smith, Metropolitan's =
Chief Financial Officer. "We believe that the OIC's actions are taken to =
protect WULAC's policyholders and annuitants."
"On February 4, 2004, Metropolitan filed for protection under Chapter 11 =
of the U.S. Bankruptcy Code. Metropolitan's wholly owned subsidiary, =
Western United Holding Company, which is the direct parent of WULAC, was =
not included in that filing and have not sought bankruptcy protection. =
The actions of the OIC did not result in an immediate change of that =
company's management team.
Nevertheless, these actions may affect Metropolitan's ability to effect =
a reorganisation and has caused the Company to consider other options =
besides the previously announced debt-for-equity reorganisation. =
Metropolitan remains committed to fulfilling its obligation to maximise =
the value of the bankruptcy estate for the benefit of the Company's =
creditors."
Summit Securities, Inc. also acknowledged action taken by the Arizona =
and Idaho State Departments of Insurance (the "DOI") to initiate a =
voluntary rehabilitation of, appoint a receiver or rehabilitator for, =
and assume control of Summit's wholly owned subsidiaries, Old West =
Annuity & Life Insurance Company and Old Standard Life Insurance Company =
(collectively, the "Insurance Subsidiaries"). Since December 2003, the =
respective DOIs have been engaged in supervising the Insurance =
Subsidiaries.
"We understand that the Departments of Insurance took this action to =
ensure the financial protection of the Insurance Subsidiaries," said =
William A. Smith, Summit's President. "We believe that the DOI's actions =
are taken to protect the Insurance Subsidiaries' policyholders and =
annuitants."
"On February 4, 2004, Summit filed for protection under Chapter 11 of =
the U.S. Bankruptcy Code. The Insurance Subsidiaries were not included =
in that as they are not eligible debtors under federal bankruptcy law. =
The actions of the DOI may affect Summit's ability to effect a =
reorganisation and has caused Summit to consider other options besides =
the previously announced debt-for-equity reorganisation. Summit remains =
committed to fulfilling its obligation to maximise the value of the =
bankruptcy estate for the benefit of Summit's creditors," said the =
company in a further statement.
But things are a bit strange in other respects: the companies want to =
hire a "crisis manager" paying him (or her) wait for this - USD80,000 =
per month. According to the SpokesmanReview.Com (a local news site in =
Spokane, Washington where the company is based) the average local salary =
is less than USD2,000 per month. Oh, and the site also says that pay =
rates for the crisis manager's assistants (of which there are no ideas =
as to number) will be between USD175 per hour for junior staff to USD575 =
for managers. The task is set to last about six months.
There is such a mess, one has to wonder whether it's worth trying to =
save: in January 2004, Ernst and Young resigned as auditors, saying that =
they had not been provided with full accurate information for the =
previous three years. The money in the accounts (see the top of this =
piece) will almost all be gone just in those fees, surely. And more, =
there are three class actions against group companies - although that's =
what the applications for stay were all about. According to the local =
website, the creditors agree with hiring the turnaround specialist - =
they must think it's not so much of a gamble.
The CEO, President and Chairman (Cadbury, where are you now?" C Paul =
Sandifur Jr, left without notice in late January, to be substituted by =
Irv Marcus who promptly said the company has hired outside experts to =
report on the company's prospects.
=20
Inevitably, the class actions are by shareholders: they are seeking as =
much as USD300 million according to some reports. Clearly the companies =
have nothing and so the actions to try to keep the company afloat, to =
try to get some value into the shares (which are now suspended) and to =
stay proceedings against the companies and their officers also have a =
spin off action against the former officers of the businesses. Reports =
place total "assets" as USD1.7 milliard - but that's not the companies' =
money.=20
*** OSCE LAUNCHES NEW ANTI-TRAFFICKING TRAINING PROGRAMME FOR
MOLDOVAN JUDGES AND PROSECUTORS
CHISINAU, 24 March 2004 - The OSCE Mission to Moldova has inaugurated a=20
new project aimed at training Moldovan judges and prosecutors
in successful prosecution methods to combat human trafficking...
see: http://www.osce.org/news/show_news.php?ut=3D2&id=3D3954
*** HK Five persons, including the former chairman of Keen Lloyd Group =
(KLG), charged by the Independent Commission Against Corruption (ICAC) =
for their roles in a US$28.78 (about HK$222 million) Letters of Credit =
(L/Cs) fraud, were yesterday (Wednesday) convicted by a jury of the =
Court of First Instance.
Chin Kam-chiu, alias Chun Kam-chiu, 46, former chairman of KLG; Tsang =
Siu-lan, 34, former manager of KLG; Chow Wai-choi, 44, former deputy =
general manager of then Sin Hua Bank Limited (Sin Hua Bank); Hau =
Pui-yee, alias Hau Pui-ming, 53, former assistant general manager of Sin =
Hua Bank, and Ma Kin-fai, 45, former senior branch manager of Sin Hua =
Bank, were found guilty of one count of conspiracy to defraud. Mr =
Justice Pang Kin-kee adjourned the case until 8 April, 2004 for =
sentence, and remanded the defendants in custody.=20
The case arose from a complaint, alleging that Chun might have corruptly =
secured credit facilities from a bank. ICAC inquiries uncovered the =
conspiracy offence. The charge stated that between November 1, 1998 and =
April 30, 1999, the defendants had conspired together and with other =
persons to defraud Sin Hua Bank, its shareholders and creditors by =
dishonestly:
- causing and permitting applications to be made to Sin Hua Bank by Keen =
Lloyd (Holdings) Limited and Keen Lloyd Motors Limited for the issue of =
L/Cs to finance the purported purchase of goods from a number of =
companies;
- causing and permitting the falsification of documentation required for =
the negotiation of the L/Cs; and
- causing and permitting payments to be made to the beneficiary =
companies pursuant to the negotiation of the L/Cs.
The court heard that the beneficiary companies were in fact controlled =
by KLG, and there were no genuine commercial transactions relating to =
the purchase of electrolytic copper cathodes or aluminium ingots as =
claimed in the 25 L/Cs involved in the scam.
The court also heard that as a result of the scam, Sin Hua Bank released =
a total of US$28.78 million (about HK$222 million) under the L/Cs to the =
beneficiary companies. The sums were subsequently transferred to the =
bank account of KLG.
*** Following allegations by the USA that Saddam Hussein spirited away =
up to USD10 milliard from the UN's Oil-for-Food programme, the UN is to =
have an anti-corruption inquiry. Responding to questions at the daily =
press briefing about the Secretary-General's intention to have an =
independent investigation into the allegations, spokesman Fred Eckhard =
said the next step would be for Mr. Annan to meet the Security Council, =
or send it a letter, sometime this week laying out the terms of =
reference for an investigative panel and the names of members.=20
Mr. Annan has formally contacted the Council on the matter in a letter =
sent to its members on Friday. The Secretary-General, Mr. Eckhard =
noted, feels that the investigation could not succeed without the =
cooperation of the Security Council and all Member States. Asked about =
responses to the Secretary-General's written request for cooperation =
with an inquiry, the spokesman said L. Paul Bremer, the Administrator of =
the United States-led Coalition Provisional Authority (CPA), has =
promised cooperation in a letter had to the UN's in-house watchdog - the =
Office of Internal Oversight Services (OIOS). Mr. Eckhard said the =
investigation should establish the facts in a key number of areas, and =
that the UN looked forward to it. "We hope that the clouds that have =
been over our heads will be lifted," he said.=20
Between December 1996 and November 2003, the programme allowed the =
sanctions-bound Government of Iraq to sell oil for food and humanitarian =
supplies and served as the sole source of sustenance for 60 per cent of =
Iraq's estimated 27 million people. All contracts for oil sales were =
approved by a Security Council panel - the "661 Committee" - which also =
oversaw most contracts for the purchase of relief supplies. The =
operation was the UN's largest-ever in financial terms - purchasing and =
managing some $46 milliard worth of humanitarian assistance, supplies =
and projects - and achieved progressive improvements in health, =
education and public infrastructure. Malnutrition rates for children =
under 5 in the central and southern regions were cut in half, the =
capacity to undertake major surgeries increased by 40 per cent and more =
houses were built in 2002 than in 1990.=20
*** At last a sensible decision on domain names: now you can order them =
for 100 years from Network Solutions. That should avoid the embarrassing =
events that have afflicted government departments, large and small =
businesses over the past few years as no one remembers to renew the =
domain. And at a whisker under USD1,000 it's not a bad buy (especially =
now the dollar costs so little). But, of course, it begs one or two =
questions: given the number of changes in the past few years, how do we =
know that NetSol will be around to honour the agreement for that long? =
And who has a 100 year diary so we can make that entry now: we know for =
sure that no computer diary will last that long without becoming =
corrupted. It's sort of the same problem as to how to keep customer =
identification information for the full life of a bank account plus five =
years when the customer in front of you is 18 years old and, the way we =
are all living longer than previous generations and that inertia =
prevents people changing bankers for most of their lives, will still be =
using the same account when he's 130.
But, as always, someone has to go and spoil it by trying to be =
interesting when he should be informative: NetSol Ceo Champ (honest, =
it's his name) Mitchell said "100 Year Domain Service is ideal for =
individuals or businesses that place a high value on keeping their =
domain registration indefinitely." Sorry. It's finite. Unless NetSol =
says "buy for 100 years and have it for ever" - which is hasn't. A =
lesson in thinking before speaking lies in there, somewhere.=20
=3D=3D=3D=3D Services for You from =3D=3D=3D=3D
=3D=3D World Money Laundering Report =3D=3D
*** World Money Laundering Report on-line bookshop at
www.vortexcentrum.com/books.htm
With suppliers including Hammicks Legal, Global Investor and Amazon.Com =
and on-line reviews, this specialist service is now your one-stop place =
for all your AML research materials.
*** We've told you about using Google and The Wayback Machine to help =
with KYC.
Now you can search both right from your browser with your *free* browser =
toolbar.
Download it now from www.vortexcentrum.com/tools.htm
-------
If you received this from someone other than vortexcentrum.com and would =
like to receive your own copy, subscribe at www.vortexcentrum.com
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
WMLR Digest is a service of World Money Laundering Report - part of The =
Anti Money Laundering Network. WMLR Digest is a free weekly newsletter =
for subscribers.
Subscribe / Unsubscribe information is at the end of this newsletter.
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Conference organisers:=20
Advertise your event at VortexCentrum.Com with on-line booking and =
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WMLR Digest: more than 2,900 opt-in subscribers in legislatures, =
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------------------------------------------
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*Copyright etc.*
WMLR Digest is 1999-2004 in all formats for all the World. However, you =
may forward it to colleagues that may be interested. The only conditions =
attached to this permission is that the mail must be forwarded in its =
entirety and without addition, deletion or modification and that it must =
not be sent to anyone that you think would not welcome it. You are =
welcome to distribute it internally to your all or part organisation but =
extensive mailings outside your organisation are not permitted.
Vortex Centrum Limited (World Money Laundering Report) asserts its moral =
rights to be identified as author with regard to the content of WMLR =
Digest.
World Money Laundering Report and WMLR Digest and World Money Laundering =
Report: Online are published by Vortex Centrum Limited, a UK =
corporation. Full contact details are at www.antimoneylaundering.net
Tel: + 6 03 2142 7588 (Kuala Lumpur, Malaysia);=20
+44 (0)207 107 9512 (London, England)
Editor Nigel Morris-Cotterill
WMLR Digest ISSN1473-3390
World Money Laundering Report (electronic) ISSN 1473-3439
World Money Laundering Report (print) ISSN 1473-3455
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