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CAPITALISM'S ACHILLES HEEL Dirty Money and How to

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FATF is not an organization established by treaty. It is an intergovernmental<br />

body, with 33 members <strong>and</strong> 20 observers as of this writing <strong>and</strong><br />

several regional cooperating groups. It cannot impose conditions on<br />

members or nonmembers; however, its recommendations are generally<br />

accepted as international st<strong>and</strong>ards. The United States, with a narrow definition<br />

of money laundering as is covered in this chapter, hardly meets<br />

FATF expectations.<br />

In addition <strong>to</strong> FATF’s recommendations, many other international<br />

efforts are focused on global money laundering <strong>and</strong> their underlying<br />

crimes, briefly summarized in the preceding box. These are just some of<br />

the international efforts—organizations, conventions, consultative<br />

groups, <strong>and</strong> more—aimed at attacking <strong>and</strong> curtailing global money laundering.<br />

Dozens of bodies, thous<strong>and</strong>s of people, millions of documents,<br />

<strong>and</strong> billions of dollars concentrated on staffing anti–money laundering<br />

programs became a feature of our globalized world by the start of this<br />

new century.<br />

THE PATRIOT ACT<br />

Magnitudes <strong>and</strong> Misunderst<strong>and</strong>ings 177<br />

Which obviously means that when terrorists struck on September 11,<br />

2001, an enormous apparatus was already in place <strong>and</strong> primed <strong>to</strong> trace<br />

their dirty money, <strong>and</strong> the entire world was psychologically attuned <strong>to</strong> the<br />

urgency of this task, because of all the attention given <strong>to</strong> criminal money<br />

laundering over the preceding 30 years. Right? Regrettably, nothing could<br />

be further from the truth. Which leads <strong>to</strong> Oc<strong>to</strong>ber 2001, the U.S.A. Patriot<br />

Act <strong>and</strong> the ugliest period ever in the his<strong>to</strong>ry of anti–money laundering legislative<br />

efforts.<br />

With glaring weaknesses in U.S. laws <strong>and</strong> hundreds of billions of dollars<br />

of dirty money streaming in<strong>to</strong> U.S. banks, several sena<strong>to</strong>rs had been pushing<br />

for stronger anti–money laundering legislation for years. Most prominent in<br />

this effort were Sena<strong>to</strong>rs Carl Levin of Michigan, Charles Grassley of Iowa,<br />

<strong>and</strong> John Kerry of Massachusetts. But they faced ideological foes within the<br />

Senate Banking Committee, who, by September 2001, had already s<strong>to</strong>pped<br />

some 11 bills containing strengthened anti–money laundering provisions<br />

from getting <strong>to</strong> the Senate floor. The latest of these, entitled the “<strong>Money</strong><br />

Laundering Abatement Act,” was introduced by Sena<strong>to</strong>r Levin on August 3,

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