MONEY LAUNDERING

 

 

Money laundering (English: Money Laundering) is an attempt to hide or disguise the act of the origin of money / Wealth funds or proceeds of crime through various financial transactions for cash or Wealth looks as if it came from a legitimate activity / legal.

In general, criminals attempt to hide or disguise the origin of Assets is the result of a criminal act in ways to make the crime difficult Wealth results traced by law enforcement officers so freely exploit the Assets for both the legal and illegal.Therefore, the offense of Money Laundering is not only threatens the stability and integrity of the economy and financial system, but also can harm the joints of the society, nation and the state based on Pancasila and the Constitution of the Republic of Indonesia Year 1945.

Money laundering 
Money laundering method of
money laundering is generally done through a 3 (three) steps stages: the first step of the money / funds resulting from a criminal activity / crime in change into a form that is less or not to arouse suspicion by the placement of the financial system with a range of way (stage placement / placement), the second step is to conduct financial transactions are complex, layered and anonymous in order to separate the proceeds from its source to multiple accounts so it is difficult to trace the origin of these funds in other words conceal or disguise the origin of wealth the proceeds of crime (phase coating / layering), the third step (final) is the stage where the actors put back funds that have been blurred origins into Wealth has seemed legitimate to both enjoyed straight, invested in various forms of material and financial wealth , used to finance legitimate business kegaiatan to refinance or criminal activities (integration phase).

Here is a list of the people who take action on suspected money laundering and belonging to the person skilled in launder money. Here's coverage.

10 BEST WORLD MONEY LAUNDERING

1. Pablo Escobar

He is regarded as the richest and most successful criminal in the history of the world.In 1989, Forbes magazine declared Escobar as the seventh richest man in the world, with a personal wealth estimated at U.S. $ 9 billion.

He and his brother operation was so successful that at its peak they spent U.S. $ 1,000 per week just to buy rubber bands to wrap the stacks of money.

Also, because they have more illegal money than they could deposit in the bank, how do you think the news from i-dus?gendelan they keep the cash in their warehouses, annually, as much as 10% "rotten" when the rats crept at night and nibbled their hundred-dollar bills.

Number washed: U.S. $ 5-US $ 10 billion.

Punishment: Living in a very luxurious prison for several months in 1992, he fled after hearing he would be transferred to another prison, and immediately killed.

2. President Suharto

Suharto was President of Indonesia from 1967 - 1998.Segera after forced resignation, Time magazine published an article about the tracking fortune of about U.S. $ 15 billion were distributed to families in 11 countries.

The magazine is also documented more than $ 73 billion of income and assets that have passed through the hands of Suharto's family during his tenure as President of Indonesia. He is number 1 in the list of Transparency International as the most corrupt leaders in the world.

Number washed: U.S. $ 15 - U.S. $ 35 billion.

Punishment: Suharto was considered too old to be brought to court and died in 2008.

Compiled by Gary Youinou, Founder KnowYourCountry.com, an open access on the phone library containing 218 Country report focuses on anti-money laundering and sanctions issues.

 

3. Semion Mogilevich Yudkovich

Born in Ukraine, Mogilevich is believed by European and United States law enforcement agencies as the federal "boss of bosses" of most Russian Mafia syndicates in dunia.julukan Mogilevich include "Brainy Don" because of his business acumen, and he has been called "the mafia dangerous in the world ".

Mogilevich was arrested in Moscow in 2008, for tax evasion but was released less than a year later.

Russian interior ministry stated that the charges against him "are not very heavy." He's in the 'list of Top Ten most wanted man by the FBI.

The amount of money laundered: Estimates of more than U.S. $ 1 billion. 
Penalties: None.

4. Meyer Lansky

Meyer Lansky is recognized as the father of modern forms of money laundering. In 1930, he was the first to use the Caribbean to hide the proceeds of crime that have been laundered through a casino in Las Vegas, before moving to Cuba where he oversaw gambling concessions.

Later in life, Lansky will hold untold millions in Swiss bank accounts and companies in Hong Kong, Israel and throughout the United Selatan.gimana do you think the news from i-dus? He is an expert on flexible utilization of government officials, not been convicted of the charges against him.

Number washed: Approximately U.S. $ 1 billion.

Penalties: None.

5. Al Capone

Alphonse "Al" Capone or Scarface is probably the most famous of all gangster.Dia creating a criminal organization in the United States in 1920, during the Prohibition Era Miras, grossing an estimated $ 100 million from the results obtained illegally every year, which washed through a series of business .

He was arrested, following detention in Alcatraz in the 1930's not as a result of money laundering or criminal activities such as bootlegging, prostitution and gambling, but because it was found guilty of tax evasion.

Number washed: Estimated U.S. $ 1 billion.

Punishment: seven years in prison (for tax evasion).

 

6. King Leopold II of Belgium

In 1885, on condition that the inhabitants should be brought into the modern world and that all countries are allowed to trade freely with it, effectively appointed patriarch Leopold and the Congo Free State by generous countries in the world's most kuat.gimana do you think of the news i-dus? However, he immediately closed all borders, taking personal control of all businesses, and transform the country into a brutal slave labor camp run by his thugs.

He quietly meyalurkan great advantages of Congo (for eight years in 1890 was the Congo is the world's largest supplier of rubber) through several wholly-owned trading company on its behalf by a private holding company.

Most of the ill-gotten gains to finance the construction of large buildings to the public in Belgium, which is considered to be a major benefit of the people of sincerity for Belgium.

In 1907, when King Leopold was forced to relinquish control of the governments of Belgium, the Congo has been reduced by 50% of the estimated 20 million to 10 million.

Number washed: Annual Income Democratic Republic of Congo for 22 years.

Punishment: The Belgian government bought the rights of Leopold 'in gratitude' to the Congo around U.S. $ 5 million.

7. Dawood Ibrahim

Dawood Ibrahim accused of heading a 5,000-member criminal syndicate operating mainly in Pakistan, India and the United Arab Emirates. It is said that he had managed to launder billions of dollars through Hawala networks. He is also alleged to have been the organizer and financer of the Mumbai bombings of 1993 and launder large amounts of money in the name of Osama Bin Laden.

In 2003 the United States declared Dawood Ibrahim a "global terrorist" fortune estimated at U.S. $ 5 billion.

Laundered Amount: U.S. $ 3-US $ 5 billion. 
Amount washed: U.S. $ 3-US $ 5 billion.

Punishment: He remains free and his whereabouts are unknown although currently living in Pakistan.

8. Ferdinand Marcos

Marcos was a lawyer who ruled as President of the Philippines 1965-1986, before being overthrown by a popular uprising. He is number 2 on the leader of the most corrupt Transparency International, which laundered money list has billions of dollars of embezzled public funds through the United States, Switzerland, and other countries, for 20 years in power.

His wife, Imelda, known to leave more than 2,500 pairs of shoes in the closet when he and marcos escape from Manila.

Number washed: $ 5 billion up to $ 10 Billion

Punishment: Marcos died of a heart attack in 1989 while in exile in Honolulu, Hawaii, awaiting trial.

9. Sani Abacha

Sani Abacha was a military leader who became President of Nigeria in 1993. During the 5 years of the regime, he and his family managed to suck out of the state treasury a total of £ 3 billion. Abacha listed by Transparency International as the fourth most corrupt leader in the world in history.

He died suddenly in 1998 at the age of 54 years and was buried immediately without any autopsy, rumors that he had been poisoned.

Number washed: Estimated U.S. $ 3 billion.

Penalties: None.

10. Mobutu Sese Seko

Mobutu was the President of the Democratic Republic of Congo from 1965 to 1997. He is number 3 on the head of Transparency International's most corrupt list of embezzling about U.S. $ 5 billion - most did not return. Mobutu known regularly hired Concorde from Air France for personal use, including shopping trips to Paris for himself and keluarganya.gimana do you think the news from i-dus? He died in exile in Morocco in 1997,

Number washed: Estimated U.S. $ 5 billion

Penalties: None.

 

KNOW money laundering and STEP-STEP PROCESS OF MONEY LAUNDERING
Article 1, paragraph 1 of Act No. 25 of 2003 reads: Money laundering is the act of placing, transferring, paying, spend, donate, donate, entrust, to bring out the country, exchange, or other acts of property wealth are known or suspected (should be 'reasonably suspected') is the proceeds of crime with intent to conceal or disguise the origin of the property so as to appear to be legitimate wealth.

Money laundering or money laundering is a process of a series of activities conducted by a person or organization for the stolen money, the money intended to conceal or disguise the origins of money from the government or the competent authority to take actions against crime, by among others, and especially insert money into the financial (financial system) so that the money can then be excluded from the financial system as a lawful money

Money Laundering Law in Indonesia
In Indonesia, it is legally regulated in the Law of the Republic of Indonesia Number 8 Year 2010 on the Prevention and Suppression of Money Laundering, in which distinguished the three money laundering offenses:

First 
active money laundering offenses, ie every person who locates, transfer, assign, spending, menbayarkan, grant, leave, take out of the country, changing shape, with money exchange money or securities or other actions on Assets known or reasonably is expected pidanasebagaimana proceeds referred to in Article 2 paragraph (1) for the purpose of concealing or disguising the origin of Assets. (Article 3 of Law No.. 8 of 2010).

Both 
passive money laundering offenses charged to each person who receives or controls the placement, transfer payments, grants, donations, storage, exchange, or use Assets known or reasonably suspected was the proceeds of crime as referred to in Article 2 paragraph (1 ). It was considered too similar to money laundering. However, the Reporting Party exempted for implementing the reporting requirements as stipulated in this law. (Article 5 of Law No.. 8 of 2010).

Third 
In Article 4 of Law No.. 8/2010, subject also to those who enjoy the proceeds of money laundering charged to each person who conceals or disguises the origin, source location, designation, transfer rights, or the actual ownership of the Assets is known or reasonably suspected proceeds of crime as referred to in Article 2 paragraph (1). It is also considered to be the same as money laundering.

Criminal penalties for money laundering are quite heavy, which starts from a maximum imprisonment sentence of 20 years, with a maximum fine of 10 billion rupiah.

The stages in the process of money laundering:

1. Placement: The first stage of money laundering is putting (depositing) illicit funds into the financial system (financial system). In the placement stage, the shape of the proceeds of crime must be converted to hide the origin of the money illegally. For example, the results of drug trafficking money consists of small moneys in a big pile and heavier than narkobanya, then converted into a larger denomination. Rekerning then deposited into the bank, and buy into monetary instruments such as checks, money orders, etc.
2. Layering: Layering or heavy soaping, washing at this stage trying to disconnect the proceeds of crime from the source, by way of transferring money from one bank to another, up to several times. By way of breaking down the numbers, the funds can be channeled through the purchase and sale of investment instrument Sending fake one company to another fake firm. The money launderers also by establishing a fiktip, can buy securities or alalt transfortasi equipment such as aircraft, heavy equipment on behalf of others.
3. Integration: Integration is sometimes called spin dry which laundered money was brought back into circulation in the form of income tax net even an object using the money that has to be halal for business activities in a way to invest the funds into real estate, luxury goods, companies

MODE SOME money laundering
Loan Back, by way of borrowing money themselves, This mode detail again in the form of direct loans, by borrowing money from overseas companies, a kind of shadow companies (immobilen investment company) that the directors and shareholders are her own, In form back to loan, where the borrower perpetrator of a foreign bank branch in stand-by letter of credit or certificate of deposit that money obtained on the basis of money from crime, then the loan is not returned so the bank guarantees disbursed.

Operating mode C-Chase, this method is quite complicated because it has properties of twists and turns as a way to remove the traces. The example in the case of BCCI, where the couriers came to Florida bank to deposit funds of U.S. $ 10,000 in order to escape from the obligation to report. Then some times do the transfer, the New York branch of the bank to Luxsemburg to England, then there dikonfersi certiface form of deposit to guarantee loans in the same amount taken by the Florida. Loan for the Caribbean country known for its tax Heavennya. Here Loan was never charged, but only with dilute certificate of deposit that was it. Of Floria, money transfer to the stretcher in Uruguay through drug dealer account and there the money is distributed according to business needs and are dark. The results of this investment can be washed and safely.

International trade transaction transaction mode, this mode by means of documents L / C. Because the focus of concern both bank and correspondent bank is opening bank documents and the banks themselves do not know the state of things, then this may be the target laundrying money, in the form of making a large invoice for small items or even items that do not exist.

Mode of smuggling cash or bank system parallel to another country. This mode is physically saved approximately smuggle money out of the country. Because this way there are risks such as being robbed, missing or captured then used form of electronic mode of transfer, the transfer from one country to another country without the physical transfer of money.

Acquisition mode, which recognized his company sendiri.Contoh side is an owner of the company in Indonesia which has the company illegally anyway, Cayman Island tax haven countries. Our results of operations in the cayman deposited on behalf of the company in Indonesia. Then companies in the Cayman buying shares of companies in Indonesia (the acquisition). This way the owner of the company in Indonesia possess the funds are legitimate, having been washed away by the results of turnover shares in an Indonesian company.

Real estate Carousel mode, by selling a property berkai-time to the company in the same group. Actors Money Laundrying has a number of companies (majority shareholder) in the form of real estate. From one company to another.

Certain Investments mode, certain investments are usually in business transactions or painting or antique items. For example, actors lukisa buy and then sell it to someone who is actually telling the actors themselves with an expensive price. Painting the price is not measurable, and the maximum of the price set is valid. Funds from the sale of these paintings can be categorized as the funds are legitimate.

Mode over double invoices or invoices. This mode is done by setting up an import-export company own country and outside the country (which is applying tax havens) also set up a shadow company (shell company). State Tax Haven Companies exporting goods to Indonesia and existing firms abroad d made the purchase invoice with steeper prices is called over invoice and when created 2 invoices, it is called double invoices.

Stock Trading Modus, Modus has happened in the Netherlands. In a case in Busra effects Amsterdam, involving Nusse Brink securities companies, securities companies where some customers is becoming money launderers. This means that funds from clients who invested money comes from the dark. Nussre brink make 2 (two) accounts for these clients, one for loss and one yag customers who have an advantage. Try opening an account in a very secure protection kerahasaannya so hard to track who benefecial owner of the account.

Pizza Cinnction mode. This mode is done with the proceeds of drug trafficking mnginvestasikan invested to get a pizza concession, while the other is invested in the Caribbean and Switzerland.

Mode la Mina, a case that is seen as the money laundrying mode occurs in the United States in 1990. proceeds from the drug trade submitted to the wholesale trade of gold and gems as a syndicate. Then gold, and bullion exported from Uruguay with the intention that its imports are legal. Money deposited in the design of the gold box, then sent to the jeweler who bersindikat drug mafia. Sales conducted in Los Angeles, the cash was taken to the bank with the intention that seemed to come from the city was sent to the New York bank and from the city is sent to the bank in New York and from the city is sent to European banks through the State of Panama. The money finally arrived in Colombia in order to be distributed in the form of paying onkosongkos, to invest the drug trade, but partly to the long-term unvestasi.

Deposit-taking mode, Establishing financial companies such as deposit-taking Institution (DTI) Canada. DTI is known for its money laundering as chartered bank, trust company, credit union. The case involved a DTI Money Laundrying include transfers via telex, securities, foreign currency exchange, the purchase of government bonds and bills teasury.

Fake Identity mode, Namely utilizing banking institutions as engines bleach money by depositing a false name, using the safe deposit box to hide the proceeds of crime, providing transfer fasilatas so easily transferred to the desired or use elektronic fund transfers to settle the obligation shady deals, storing or distributing illicit transactions that result.

MODE AND THE MYSTERY OF PLACEMENT FUND (PLACEMENT)
What and how policy placements? If you are a Director of Investments of the Pension Fund or Social Security or the state. Or more simply, if you are a Managing Director (CEO) of a large company, which has its own treasury manager in the banking or corporate disebutnasabah, how are you going to put idle funds?

For people who are conservative, then the placement of funds is generally done in deposits. Why? Due to high interest, income EQUIPMENT, low risk. First Deposit interest even in 2001 reached 17% per annum. Currently the deposit rate is moving down, reflecting the condition of banks in Indonesia has improved. Maybe for pension fund investment manager or Social Security, the fair must recalculate its investment, since they are responsible for the results of interest / profit payments sufficient to fund the placement of the retirees. If the deposit rate fell steadily, it might pay money for the retirees will not suffice. So that was transferred to the placement of funds into bonds or mutual funds, but even though deposit rates below 7% per annum, there is an attempt danadengan placement or Extra special rate negotiated rate even plus premium.

At this time of corporate customers is still the mainstay for corporate banking unit. Mutually beneficial cooperation between the corporation was allegedly done through personal ties. Many banks are practicing corporate banking with capital acquaintance or closeness CEO of the corporate policy makers. Negotiation and fund placement rate and compensation have become the authority and decisions of the CEO. But, what happens if at any time that corporate funds were missing or broken? The secret behind a good relationship in the placement of funds that would be a problem when the corporate funds that were missing or broken banking criminals. The loss of corporate funds in the bank is not uncommon to drag the police to trace the causal. Even sometimes, the disappearance of corporate funds involving customers and employees of the bank itself. Especially if it was found out that the motivation for the placement of funds in return for fees and a closeness between the CEO. It is not possible between the CEO is actually thought to be involved in the embezzlement of corporate funds. Crime is relatively conventional national banks, such as robbery, forgery of documents such as L / C, deposit slips, checks, burglary and even by individual customer accounts in banks and collusion between people inside and outside the bank. Then why why placements are very closely related to bank fraud , the answer is because every lost customer funds normally bank will replace it? Is this a game? It is still a mystery placements???

 

The results of Money Laundering (Article 2 of Law No.. 8 of 2010)
(1) The offense is Wealth obtained from crime: a. corruption; b. bribery; c. narcotics; d. psychotropic e. labor smuggling f. smuggling of migrants; g. in banking; h. in the capital market; i. in the area of insurance; j. customs; k. clearance; l.trafficking in persons; m. illicit arms trafficking, n. terrorism; o. kidnapping, p. theft; q. embezzlement; r. fraud;'s.counterfeiting; t. gambling; u. prostitution; v. in taxation; w. in forestry; x. in the environmental field; y. in the field of maritime affairs and fisheries, or z. another offense punishable by imprisonment for 4 (four) years or more, which is committed in the territory of the Republic of Indonesia or outside the territory of the Republic of Indonesia and the offense is also a crime under the laws of Indonesia.

(2) Assets known or reasonably suspected to be used and / or used directly or indirectly for terrorist activities, terrorist organizations or individual terrorists identified as proceeds of crime as referred to in paragraph (1) letter n.

Center for Financial Transaction Reports and Analysis
Centre for Financial Transaction Reports and Analysis / INTRAC (UK: Indonesian Financial Transaction Reports and Analysis Center / INTRAC) as mandated by Law No.. 8 Year 2010 is an independent agency under the President of the Republic of Indonesia which has the task of preventing and combating money laundering offenses and has the following functions:

• prevention and eradication of money laundering;
• management of data and information obtained PPATK;
• The monitoring of compliance Reporting, and
• analysis or examination of reports and information Financial Transactions that indicated criminal money laundering and / or other crimes referred to in Article 2 paragraph (1).

In a global society in the international community, INTRAC known as Indonesian Financial Intelligence Unit which is a financial intelligence unit in the regime of Anti-Money Laundering and Counter Financing of Terrorism (AML / CFT Regime) in Indonesia. INTRAC is a member of the Egmont Group'''' which is an association of FIUs institutions around the world in order to realize a net of international money laundering and financing of terrorism according to international best standards.

Brief History of PP-AML Law
In the process, money laundering increasingly complex, across jurisdictional boundaries, and use the increasingly varied modes, utilizing the institutions outside the financial system, even has penetrated into various sectors. To anticipate this, the Financial Action Task Force (FATF) on Money Laundering has issued an international standard that could be used for each state / jurisdiction in the prevention and combating of money laundering and terrorist financing offenses, known as Revised 40 Recommendations and 9 Special Recommendations (Revised 40 +9) FATF, including the expansion of the Reporting Party (Reporting Parties) which include gems and jewelry merchants / traders of precious metals and motor vehicles. In preventing and combating money laundering necessary regional and international cooperation through bilateral or multilateral order offenses intensity that produces or involves a large amount of wealth that can be minimized.Handling money laundering in Indonesia that began passing of the Law No. 15 Year 2002 on Money Laundering as amended by Act of the Republic of Indonesia Number 25 of 2003 on the Amendment to the Law of the Republic of Indonesia Number 15 Year 2002 concerning the Money Laundering, has shown a positive direction. That, reflected in an increasing awareness of implementing the Law on Money Laundering, such as financial service providers in implementing the reporting requirements, the Supervisory and Regulatory Rulemaking, Center for Financial Transaction Reports and Analysis Center (INTRAC) in activity analysis, and enforcement law to follow up the results of the analysis to the imposition of criminal penalties and / or administrative sanctions. Efforts made are felt not optimal, partly because of legislation that is apparently still leave room emergence of different interpretations, the existence of legal loopholes, less precise sanctions, shifting the burden of proof has not been exploited, limited access to information, the limited scope of the reporting and the type of report, as well as the lack of clear duties and authority from implementing this Act. To meet the national interests and adapt international standards, should be made in the Law on the Prevention and Suppression of Money Laundering Act in lieu of the Republic of Indonesia Number 15 Year 2002 on Money Laundering as amended by Act of the Republic of Indonesia Number 25 Year 2003 on the Amendment Act No. 15 of 2002 on Money Laundering.

Substance contained in Law No. 8 of 2010 on the Prevention and Combating Money Laundering, among others:

1. redefinition of the meaning of things related to money laundering;
2. refinement criminalization of money laundering;
3. arrangements regarding the imposition of criminal penalties and administrative sanctions;
4. strengthening the application of the principle of recognizing User Services;
5. expansion of the Reporting Party;
6. determination of the types of reporting by providers of goods and / or services;
7. structuring of the Compliance Monitoring;
8. granting authority to the Reporting Party to delay the transaction;
9. expansion of the authority of the Directorate General of Customs and Excise to the disposition of cash and other negotiable instruments into or out of the customs area;
10. granting authority to the investigator predicate offenses to investigate alleged money laundering;
11. extension agencies are eligible to receive results of the analysis or examination PPATK;
12. INTRAC institutional realignment;
13. addition PPATK authority, including the authority to suspend the Transactions;
14. realignment legal examination of money laundering, and
15. arrangements regarding foreclosure Assets derived from crime.

 

 

 

Regards, Dwi Hartoyo, SP
 

REFERENCES
1. http://www.didunia.net/2013/01/10-pencuci-uang-terbaik-sepanjang.html 
2. http://terselubung.blogspot.com/2013/02/10-pencuci-uang-terbaik-sepanjang.html 
3. http://id.wikipedia.org/wiki/Pencucian_uang