MONEY LAUNDERING BEST PRACTICES,LESSONS TO BE LEARNT ANDSTEPS TO BE TAKEN IN THE BALKAN REGIONWritten by Tamara BrneticMoney Laundering Best Practices,Lessons <strong>to</strong> <strong>be</strong> Learnt in the Balkan RegionWritten by Tamara BrneticPage 1 of 58
INTRODUCTIONThere is a saying that the dream of each <strong>and</strong> every <strong>money</strong> launderer is <strong>to</strong> pay tax, but the roadfrom dirty <strong>money</strong> <strong>to</strong> paying taxes is not cheap nor easy. Owners of “dirty <strong>money</strong>” that wasacquired by weapons trade, trafficking of narcotics, rob<strong>be</strong>ry, pirating, as well as by blackmailingpoliticians, want <strong>to</strong> include this <strong>money</strong> in<strong>to</strong> the legal system in order <strong>to</strong> <strong>be</strong> able <strong>to</strong> invest it in<strong>to</strong>legal businesses <strong>and</strong> generate more profit, but this time legally. This is anything but a cheapprocess. According <strong>to</strong> recent information criminals are paying up <strong>to</strong> 25 % of the <strong>to</strong>tal amount <strong>to</strong>“financial expert advisors”, <strong>and</strong> this percentage is constantly rising. In the eighties this servicewas costing them only 6 %, <strong>and</strong> in the late nineties it reached 20 %.Peter Lilley in his book Dirty Dealing, states, among other definitions of dirty <strong>money</strong>, that it isany asset (financial <strong>and</strong>/or real property) that draws its origin from illegal activities. As such,<strong>money</strong> <strong>laundering</strong> presents a secondary crime, so there has <strong>to</strong> exist a preceding criminal activityhas <strong>to</strong> take place <strong>be</strong>fore <strong>laundering</strong> of profits.Money Laundering can <strong>be</strong> explained as a three phase process: First Phase – Placement - is thephysical disposal of the criminal proceeds, such as: depositing cash at a bank <strong>and</strong> converting itin<strong>to</strong> readily recoverable debt, physically moving cash in <strong>be</strong>tween jurisdictions, making loans incash <strong>to</strong> businesses that are “legitimate” or are connected <strong>to</strong> legitimate businesses, purchasing highvalue goods, expensive services or negotiable assets, placing cash in<strong>to</strong> client accounts etc.Second Phase – Layering – when <strong>money</strong> gets separated from its criminal source by creation oflayers of transactions, such as: rapid switches of funds, use of cash deposits as collateral securityin support of legitimate transactions, transferring cash through a network of legitimate <strong>and</strong>“shell” companies, resale of goods / assets etc.. <strong>and</strong> Third Phase – Integration – meaningintegration of the criminal funds as legitimate ones, for example: false or inflated invoices –paying inflated or deflated invoices, real estate – using shell company <strong>to</strong> purchase property thensell the company with its assets for a “legal profit”, front companies – companies lend themselvesdirty <strong>money</strong> <strong>and</strong> then pay themselves “interest” on the loan, foreign bank complicity when dirty<strong>money</strong> is used as a security against legitimate businesses etc… 11Bob Blunden, The Money Launderers, page 20Money Laundering Best Practices,Lessons <strong>to</strong> <strong>be</strong> Learnt in the Balkan RegionWritten by Tamara BrneticPage 2 of 58