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CAPITALISM'S ACHILLES HEEL Dirty Money and How to

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344 CAPITALISM’S <strong>ACHILLES</strong> <strong>HEEL</strong><br />

In other words, make the case that dirty money or any part of it is good<br />

for the United States. Is it the proceeds of human trafficking, smuggling,<br />

counterfeiting, fraud, theft, or any one of dozens of other types of criminal<br />

proceeds that are vital <strong>to</strong> the U.S. economy? Make the case, or agree that we<br />

don’t want it.<br />

Second, with responses in h<strong>and</strong>, congressional committees can conduct<br />

hearings <strong>and</strong> consider legislation. The United States cannot continue<br />

<strong>to</strong> be an anchor holding back the full embrace of legal dealings. Congress<br />

has <strong>to</strong> put all criminal proceeds, domestic <strong>and</strong> international, under<br />

anti–money laundering legislation. The as<strong>to</strong>unding growth in cross-border<br />

crime in recent decades dem<strong>and</strong>s a very firm response from western governments,<br />

<strong>and</strong> that response can only be taken seriously when 100 percent<br />

of criminally-derived proceeds are legally barred. This should be a nonnegotiable<br />

no-brainer.<br />

This still leaves commercially tax-evading money hanging out there, not<br />

now included as a specified unlawful activity in anti–money laundering legislation<br />

in the United States <strong>and</strong> in most other countries. Many lawmakers<br />

do not take seriously the issue of tax evasion by corporations <strong>and</strong> financial<br />

institutions <strong>and</strong> hesitate <strong>to</strong> bring strong legislation <strong>to</strong> bear on generating <strong>and</strong><br />

h<strong>and</strong>ling money known <strong>to</strong> be tax evading out of other countries. Timing<br />

may suggest the wisdom of addressing criminal money first, as just discussed,<br />

but eventually tax-evading proceeds spirited out of poorer countries<br />

through cooperation between westerners <strong>and</strong> non-westerners must be dealt<br />

with as well.<br />

Incredibly complex? On the contrary, what western countries are trying<br />

<strong>to</strong> do now is incredibly complex. We are trying <strong>to</strong> close doors <strong>to</strong> some categories<br />

of dirty money we don’t want while at the same time soliciting <strong>and</strong><br />

channeling dirty money we do want. And we have completely failed, achieving<br />

a 99.9 percent failure rate.<br />

<strong>How</strong> could a policy of “Sorry, we don’t want it” work? Four steps.<br />

1. Banks should be required <strong>to</strong> inform in writing foreign account holders<br />

that incoming deposits are welcome for money that is legally<br />

earned <strong>and</strong> transferred <strong>and</strong> will be legally utilized <strong>and</strong> not welcome<br />

for funds that do not meet these criteria.<br />

2. Foreign account holders should be required <strong>to</strong> sign that they have<br />

been so informed <strong>and</strong> will abide by the bank’s directive.

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