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FOOD
FOR THOUGHT
A
Review of Chasing Dirty Money: The Fight Against Money Laundering
by Joseph D.
Douglass, Jr.
May 29, 2007
Food
for Thought
A
review of...
Chasing Dirty Money:
The Fight Against Money Laundering
by Peter Reuter and Edwin M. Truman
Washington, D.C., Institute for International Economics,
2004
Organized
crime and drug trafficking, the two are joined at the hip,
along with their life blood, money laundering, is probably
one of the most critical problems or threats we face –
in the United States, but also by all other peoples of the
world. Why, is clearly evident in this short, clearly
written book, especially when augmented with a few
statements from the US International Crime Threat Assessment report of December 20, 2000.
Simply stated, the amounts of monies involved have
approached unbelievable levels, even the minimum bounds,
and the implications, especially the corruption of
high-level officials around the world, are correspondingly
horrific.
Chasing
Dirty Money
begins by teaching us that all estimates of criminal money
laundering (more politely described as the underground
economy) are grossly inaccurate. After carefully studying
a wide range of estimates, the authors conclude that these
estimates are probably only within a factor of ten of what
the real numbers are. Given the nature of the operations
and associated secrecy, good data (or easily obtainable
good data) are scarce. Notwithstanding this imprecision,
however, the numbers are such that one can still easily
appreciate how truly serious the problem is.
The
authors begin with macro
economic estimates of the size of the underground economy.
These are indirect measures that they see as roughly
equivalent to upper bound estimates. They focused on the
time from 1989 to 2001. The estimate they put together
applies to only 21 countries: the United States, Canada,
Great Britain, Ireland, Scandinavia, most of the Europe,
Japan, Australia, and New Zealand. They evidently were
unable to gather data from the rest of the world,
particularly Eastern Europe, Russia, China, Hong Kong,
Singapore, Israel and the Middle East, Africa, all of
Latin America, Luxembourg, Lichtenstein, and all the
famous “off-shore” islands. These excluded countries
are almost all regarded as major money laundering
countries.
Their
estimate of the upper bound for the 21 countries in 2001
was $3.4 trillion.
This suggests that the upper bound – without considering
all the excluded money laundering havens, would be closer
to $5 trillion today. It is unfortunate that the authors
did not take that final step and offer their educated
guess what the estimate would be if all the excluded
countries were included. It is unfortunate because the
totals for the 21 countries are in the ball park of prior
estimates where there is no allowance for excluded
countries, thus making it easy for the reader to not
recognize how much higher than prior estimates this new
estimate is. While the macro
estimates have their problems, they have one major
advantage over micro
estimates, that are based on individual data for various
crime categories and, hence, next to useless because to
really do a good job, one has to dig into the who, where,
what, and how, which is risky to one’s life and
livelihood. Given the nature and reputation of the
excluded countries as money laundering havens, it does not
seem unreasonable to expect the total to rise by a factor
of two or three or even more, thus bringing a more global
estimate to $12 to $15 trillion. Moreover, this is just
the money laundering part of the underground economy. The
total revenues would be still larger, perhaps 30 percent
larger, bringing the
total criminal revenues up to the vicinity of $15 or $20
trillion per year.
How
one accounts for monies from hidden activities not
yet included in the list of crimes is another question
that can raise the total still further. The list of
“crimes” has been growing as the research into
prevention, still skimpy and lacking, proceeds. As new
improper or fraudulent activities and incomes are
identified, they are quickly added to the list of
components, with some important exceptions, one can
surmise, that are politely sidestepped because of the
implications to the global financial and political
systems. Some of these exceptions, by the way they are
hidden, are also unlikely to be part of the indirect
(macro) estimates. In a sense, it is a shame not to have
the thoughts of these author experts. These implications
must have been part of their thoughts over the course of
their research.
Their
study correctly identifies the United States as being one
of the top money laundering countries in the world, mainly
because its economy is so large. This statement, in my
opinion, is also incorrect insofar as it ignores other
serious factors, the presence of so much money has lead to
the current situation in which there is almost no
oversight in Congress, no accountability (especially at
high levels) in Washington DC, lots of rhetoric but little
honest concern for the national interest, and an increase
in focus on spin to the detriment of substance, honor, and
integrity. As a general rule, using the macro economic
approach, the amount of money laundering taking place in
the United States they estimate at $800 billion or 8.7
percent of GDP. If we add the portions of the criminal
revenues that are not laundered to this estimate, the
upper bound of the total revenues rises to over $1
trillion.
Micro
economic
estimates, which attempt to add together the monies
associated with major organized crime categories, are
lower than macro
estimates, among other reasons because the data are so
poor and because of the related risks identified above. We
are told they tend to run in the 2 to 5 percent of GDP
range. Such percentages may make sense in the case of
nations with diverse economies, but they would hardly
apply to small countries where money laundering may be a
major component in their GDP, which may just be why many
of the countries excluded from the macro estimates are not
enthusiastic supporters of strict anti-money laundering
(AML) regimes and why good data are not available from
them.
Their
estimated lower bound for money laundering in the United
States is $400 billion. While enormous, this seems too low
insofar as this would mean that illegal drugs with
revenues over $200 billion were close to half of organized
crime, which seems like too high a contribution, meaning
the total is too low. The problem here may be a
consequence of the official estimates of illegal drug
revenues, which have generally been gross underestimates
because of the assumptions used in the estimating process.
It is clear that the authors do not understand the illegal
drug problem. Otherwise, it would be hard to explain one
of their recommendations, which is to require an annual
report to congress for money laundering that is comparable
to the State Department’s narcotics control annual
statement, which traditionally has been politically
contrived (bearing in mind Customs Commissioner von
Raab’s statement in 1989 when he left office that the
State Department was the United States’ “conscientious objector in the war on drugs”).
Chasing
Dirty Money
is additionally valuable because it provides useful
introductions to a number of important subjects, including
1) money laundering methods, 2) anti-money laundering
(AML) regimes, 3) combating predicate crimes, 4)
protecting the financial system integrity, 5) combating
the “public bads,” and 6) suggestions for improving
the money laundering regime. These sections are good
because of the realistic approach the authors take in
laying the basis for questioning the value of AML
initiatives. This is approached from a US perspective.
Their conclusions here are the most eye-opening findings
in the study. For example, in the United States, the
number of money laundering convictions averages less than
2000 per year, and these are mostly associated with
sums less than $1 million. This is out of an estimated
30,000 money launderers. This is similar to trying to
fight the war on drugs by arresting street peddlers. It
does not matter how many you arrest, there are
replacements waiting in line to replace those
incarcerated. As for the seizures and forfeitures, they
averaged less than $700 million out of a total that is 1000 times larger
($700 to $1,000+ billion) – hardly enough to even be
called a pittance.
Continuing,
to achieve this dismal record, the U.S. federal government
is now spending annually $3 billion
for so-called prevention and $37 billion
for enforcement, for a total of $40 billion
to convict under 2000, mostly small time, money
launderers. On top of this, we need to add to the $40
billion the federal government spends, the costs to the
private sector, which are certainly non-trivial. The
activity is not
cost effective – not by a long shot. The impact on
discouraging the criminal activities that generate the
illegal revenues is as small as the seizures and
forfeitures; thus one is hard pressed to claim its value
lies in its criminal deterrent impact. All that the AML
laws and efforts have accomplished is to cause money
launderers a small measure of inconvenience and need to
keep changing their methods while giving rise to a very
lucrative $40 billion cottage industry for lawyers and
accountants.
Moreover,
the authors, while identifying recommendations for
improvements, were hard pressed to find any that would
realistically hold promise for achieving any significant
improvements. And, with respect to combating the “public
bads” – terrorism, corruption/ kleptocracy, and failed
states – each is so individually complex that AML
regimes, the authors explain, can only contribute modestly
to combating it. For their capstone in this scathing
indictment, the authors state that the elaborate system of
laws and regulations costing billions of dollars has been
based to a substantial degree on
untested assumptions that do not look particularly
plausible.
The
question of combating global “Public Bads”, raises
another set of disturbing questions. This chapter in the
book addresses the problems of terrorism, corruption/kleptocracy,
and failed states. Unfortunately, the nature of the
problems here is what makes organized crime and money
laundering such a critical problem. The problem goes
beyond complex and enters the region of very
politically sensitive, which may explain the
superficial treatment they are given in the book. This
problem is characteristic of many attempts to deal with
these “public bads,” especially the corruption/kleptocracy
aspects, beginning with an important question: Who are the
crooks? – the 30,000 money launderers (and their
clients) in the United States engaged in moving around a
million here and a million there? What about those who are
engaged in moving not millions but many billions and in
such a way that it all seems legal.
This
is where it is useful to bring into play a few statements
on the nature of the threat in the 2000 US International
Crime Threat Assessment. These passages all focus on
the massive
corruption that creates the friendly environment in
which organized crime can grow and propagate – that is,
an environment in which there is no accountability. Consider, the following quotes:
-
Criminal
groups cultivate and rely on corrupt political elites,
government officials and law enforcement and security
personnel to protect their operations and to provide
cover.
-
Criminal
groups are the most successful in corrupting
high‑level politicians and government officials in
countries that are their home base of operations…
Illicit proceeds are used to finance political campaigns,
buy votes, protect their operations, influence
legislation, gain insider access, and preempt
prosecutions.
-
International
criminals spare no expense to corrupt government and law
enforcement officials in foreign countries that serve as
their bases of operations or as critical avenues for
transshipment of drugs, arms, other contraband, illegal
aliens, or trafficking in women and children.
-
Most
organized crime groups have been enormously successful in
their illegal ventures because they have successfully
corrupted those persons charged with investigating and
prosecuting them. In fact, some of these groups have so
thoroughly and utterly corrupted those officials that it
is no longer possible to distinguish between the two.
-
Corruption
remains an indispensable tool of the criminal trade.
…criminal groups corrupt society, business, law
enforcement, and government.
-
International
criminals are attracted to global finance and trade. They
are able to avoid scrutiny because of the importance to
businesses and governments of facilitating commercial and
financial transactions.
-
International
criminal organizations use financial experts (some trained
in the world's best business schools) to identify new
money-laundering mechanisms, to manage investments, and to
establish fronts that can be used as covers for smuggling
and fraud schemes.
-
Huge
sums of money are laundered in the world's largest
financial markets--such as Hong Kong, Japan, Germany, the
United Kingdom, and the United States.
-
Lawyers
in their pay have used detailed knowledge of the law to
manipulate the judicial system and to influence law
enforcement legislation to protect criminal interests in
countries around the world.
The
two messages in this threat assessment are that the
problem is gigantic (beginning with the monies involved)
and that it is the corruption of the elite that is their
indispensable tool. That is, corruption/kleptocracy among
and within:
-
Government
Officials and Politicians
-
Investigations,
Law & Order, and Intelligence
-
Banking
and International Finance
-
Investment
and Financial Planning\
-
Top
Law Firms and Lawyers
To
state this in a more succinct and direct manner, organized
crime and big money laundering operations have been
enormously successful and have grown so gigantic because
they are politically protected by exactly those people and
institutions that are supposed to be engaged in combating
them. Moreover, how can the law enforcement apparatus
be effective when it operates under the direction of the
crooks and is itself also corrupted? Accountability is for
the small fries. In considering the nature of the
corruption, which most reports explicitly see as a
consequence of the large amounts of money available, this
conclusion is drawn too easily. Money is an incentive, but
it also leaves a trail. Additionally, many people are as
motivated by power, positions, and promotions as by money
and the former are more important in the long run and
harder to tie in as a quid pro quo, especially when
someone else in the network makes the decision on
positions and promotions – power – and there is no
paper trail.
The
explicit message in Chasing
Dirty Money is that a mass of laws and procedures is
as complex as the money laundering itself, and little has
been or will be accomplished. Less explicit (almost
non-existent) is the nature of the problem being
addressed, which in this study come across as the small
time operators and three or four banks, only one of which
was dealt with harshly. And then, only by luck. This
refers to the common example, BCCI – known before its
demise as the Bank of Crooks and Criminals International.
Congress stopped its investigation after the appropriate
campaign donations were received. The Feds took no action.
The BCCI was brought down only after the key staffer took
the data, carried it up to New York City, and laid it on
NY District Attorney Morgenthau’s desk. But, 2,000 money
launderers getting caught by dealings in millions of
dollars is unlikely to add up to a trillion dollars. Does
corruption/kleptocracy at the government, executive, and
state level, even enter into the AML considerations. Not
likely, because of the political sensitivities. There is
no discussion of investigations of top level corruption
being deliberately derailed by the heads of investigatory
agencies or those above and how these activities play in
the AML regimes/activities.[1]
This
issue is so serious it warrants a few explanatory remarks.
What happens when most of the political system at the
upper echelons has been corrupted? Or, in the extreme,
when the political system is itself much like an organized
crime family? Is that what we are approaching today?
To
place this in perspective, consider The
Black Book of Communism[2],
which is a study of the crimes of communism conducted
after the self-destruction of the Soviet Union in
1989-1991. The researchers that produced this study
concluded that the record of Communist governments was the
most colossal case of political carnage in history, far,
far worse than Hitler’s Germany.
The
dry academic book, first published in France in 1997,
became a publishing sensation, the focus of an impassioned
debate. But, it was not the magnitude
of the Communist tragedy that was news but, rather, the
fact that the truth should come as such a shock to the
public at this late date.
The
problem is that there had been maintained (and
still is) a silence
respecting the crimes of the Soviet Union (Russia):
“Knowing the truth about the U.S.S.R. has
never been an academic matter. . . Revelations
concerning Communist crimes [among the intellectuals and
politicians] cause barely a stir. Why
is there such an awkward silence from politicians? Why
such a deafening silence from the academic world regarding
the Communist catastrophe, which touched the lives of
about one-third of humanity on four continents during a
period spanning eighty years?”[3]
If
the crimes of these nations are “out of bounds”
insofar as investigations are concerned, and their debate,
how can they be considered in the discussions of AML
regimes and accomplishments? Obviously, they cannot, and
there is not the slightest suggestion in Chasing
Dirty Money that the authors were even aware of the
problem.
Because
of this silence there is almost no awareness of the
criminal conduct – especially crimes against nations
other than their own – of the Communist states operating
as states, with all the assets and resources of the
state available in their organized criminal pursuits. Why
this is so important, or should be, to Chasing
Dirty Money is that in 1955, international
terrorism, drug trafficking, and organized crime
became strategic state
intelligence operations run by the Soviet/Russian
intelligence services.[4]
China and the Soviet Union, especially the Soviet Union,
are the granddaddies of today’s international terrorism,
drug trafficking, and organized crime, and, along with
these operations, the
wholesale corruption of people of power and influence
around the globe. In these operations, the money
laundering was organized – not by the KGB or GRU, but,
rather, by the
respectable leaders in international finance,[5]
which existed as a partner, not victim, of the chief
crooks. Because the operations were, in effect,
politically protected, as evidenced in part by the
“silence,” one would be most naïve to assume they
ceased in conjunction with the changes of 1989-1991. The
operations were simply too valuable.[6]
Why stop them anyway since no one (e.g., the media,
politicians, government officials, intelligence experts,
pundits in various policy centers) can be said to have
raised even a minor stink about them for over 50 years.
As
one reads through the material in Chasing
Dirty Money on terrorism, corruption/kleptocracy, and
on the AML regimes, it is easy to conclude that the AML
efforts have evolved with their focus on the little guys,
the street crimes, with no sustained effort focused on the
global elite, governments, and international
finance/banks, which may be where the lion’s share of
the attention should be focused.
Nor
is there any discussion of all the cases where
investigations were shut down or neutralized by directions
from those higher up in the government bureaucracy or any
number of people with power and influence. It would appear
that even Presidential pardons have had this effect.
Consider also certain activities of the Federal Reserve in
enabling the shipment of tons of U.S. 100 dollar bills to Russia, for example, via the
“money plane” every week (circa 1994) as revealed in
the organized crime and money laundering investigations of
Robert Friedman[7]
– or the shipment of 353 tons of 100 dollar bills to
Baghdad, subsequently unaccounted for, to help spur on
economic redevelopment. What good are all those 100 dollar
bills with no small bills and change to go along with
them? Has no one recognized that 100 dollar bills are the
staple of international organized crime – unlike
economic reconstruction – and that that might be the
ultimate repository of all these shipments and give-aways?
Or, consider one of the techniques for laundering money
that the Czechs used was, in cooperation with the largest
West German banks, to design bogus public works projects
as covers for the shipments of large
sums of money.
So
long as there is no real accountability or oversight,
those who understand the system and have been taught that the
system is a tool to be exploited in their rightful
interests, the system will be exploited. To identify
candidates, just look where accountability is well under
control of inside elites or non-existent, as for example in the case of
foreign aid, or intelligence (there is no effective
oversight), or highly classified sections of national
security, or the Federal Reserve, or the White House
itself.
Ten
years ago, an official from Europol intelligence in a talk
on the problems they faced made the following
points:
-
Drugs
are corrupting the youth
-
Political
corruption is exploding
-
Illegal
money is corrupting the legal and financial systems
-
15
to 20% of dirty money goes into the stock market –
crooks will soon control the financial markets
-
European
organized crime has more money, better lawyers, better
technology, and better political support than Europol.
-
The
biggest problem is Russian organized crime.
-
This
problem can no longer be defeated with legal means.
In
the latter point, the speaker was not advocating the use of
illegal weapons. He was only recognizing the consequences of
growing political, government, and elite (news media) corruption
where the corrupted holders of the reigns of power also can
control or manipulate the levers of justice. The problem can not
be defeated with legal means when those means are in the hands of
people who are among those who are “the problem” or beholden
to them.
The
money laundering problem may not seem as such a critical issue
that would put it ahead of nuclear war and terrorism in terms of
the problems it presents, but perhaps this is because the
continuing reign of political correctness prevents us from
examining the full nature of the problem and what is happening to all
governments as a consequence. Indeed, given the nature of the
participating elite, might it be that wars have been encouraged to
provide diversions and covers to enable massive economic shifts
and societal changes, such as entry into a new world order,
without the public being aware of what was really happening.
Why
Chasing Dirty Money is
important and worth your time to read and consider is because of
the almost unbelievable size of the monies involved, the related
massive corruption of the world’s elite, the careful look at the
AML efforts, the absence of a satisfying explanation respecting
the reason the AML regimes have and will continue to be
ineffective, and the absence of any serious talk about
governments, large state intelligence activities, and global
corruption/kleptocracy and its political protection. Most
important is the need to begin asking questions and engaging in an informed debate in which the participants are not
restricted by concerns of political correctness or their
livelihoods should they dig in the wrong places and too deep.
Unfortunately,
this is reality. Get the book and enjoy reading it slowly. It will
wake you up to what the authors call “the dark side of globalism.”
Joseph
D, Douglass Jr.
Basye Virginia
[1]
Former DEA agent Michael Levin’s two books, Deep
Cover and Big White Lie
are filled with examples of investigations that were trashed right at
the time when the next step was indictments and prosecutions.
[2]Stephane
Courtois et. al., The Black
Book of Communism (Cambridge, MA: Harvard University Press,
1999), p. xii.
[3]
Ibid, emphasis added, pp. 17-18.
[4]
This is described as Gen. Maj. Jan Sejna, a top Czech Communist
official told the author of this paper in Joseph D. Douglass Jr., Red
Cocaine: The Drugging of the West (London and New York: Edward
Harle, 1999). See also “Drugs, Russia, and Terrorism,”
Part 1, http://www.newsmax.com/archives/articles/2002/3/7/212349.shtml
Part 2, http://www.newsmax.com/archives/articles/2002/3/10/222920.shtml,
“Russian Organized Crime and Financial Markets,” http://www.newsmax.com/articles/?a=1999/10/12/63024.
[5]
Ibid.
[6]
Not just money, but equally important the massive compromise and
corruption blackmail and extortion files. These files, tens of
thousands of them, were a major byproduct of this operation and in
many respects considered more effective than money in pursuing
future influence operations.
[7]
See Robert I. Friedman, “The Money Plane,” New
York Time,s 22 January,
1996.

© 2007 Joseph D. Douglass,
Jr.
Editorial Archive
Joseph D.
Douglass, Jr., Ph.D., is a defense analyst, author of The
Soviet Theater Nuclear Offensive and co-author of CBW:
The Poor Man’s Atomic Bomb and America
the Vulnerable: The Threat of Chemical and Biological Warfare. His
most recent books are Red Cocaine: The Drugging of America and
Betrayed:
The Story of America’s Missing POWs.
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