Competing rights, colliding ethics: reconciling client acceptance, state capture and the concept of a public profession

Purpose – This paper aims to provide an analysis of the HSBC Swiss bank accounts scandal, from the perspective of anti-money laundering (AML) compliance, and considers the future AML implications for the banking sector and HSBC. It reviews the use of a whistleblower to highlight AML irregularities rather than official reporting through the current AML compliance system. Design/methodology/approach – The paper uses secondary data to offer a viewpoint on the HSBC issues from a money laundering and financial crime perspective. The paper extracts key statements from staff at HSBC and regulators and examines how AML risk assessment was undertaken at this time and what changes need to occur in the future. It considers the implications of the current theoretical context for AML from an agency theory perspective. Findings – The main findings are that AML compliance needs to be embedded into a proactive corporate social responsibility approach rather than relying solely on regulation to improve detection and reporting of money laundering activity. Research limitations/implications – The research topic is new, and therefore, analysis papers and other academic writing on this topic are limited. Future research could consider the outcomes of the Swiss bank’s attempts to prosecute the whistleblower and whether this would have implications for future internal reporting and whistleblowing approaches to support AML compliance. Practical implications – The implications from the research are the recommendations to the banking sector on addressing AML deficiencies especially within the context of an evolving level of criminal sophistication towards money laundering. Social implications – The paper supports the argument for integrating social corporate responsibility and AML compliance to produce a whole bank response to financial crime. This is in contrast to the current systems, which seem to be prevalent within the financial services, of profit and business being seen as separate rather than integral to regulation and control. Originality/value – The originality of this paper is the current example of the HSBC Swiss case and the focus specifically on AML compliance rather than tax evasion, which has been the media angle on the issue.

PurposeThis paper uses the recent (August 2015) FIFA arrests to provide an example of how illicit financial flows are occurring through the formal banking and financial services sector. The purpose of this paper is to explore which elements of anti-money laundering (AML) compliance need to be addressed to strengthen the banking response and reduce the impact of IFFs within the banking sector.Design/methodology/approachThe paper is based on the indictment document currently prepared for the FIFA arrests and the District Court case of Chuck Blazer the FIFA Whistleblower. It uses the banking examples identified in the indictment as typologies of money laundering and wire fraud. Corresponding industry reports on AML compliance are included to determine where the major weaknesses and gaps are across the financial service.FindingsThe main findings from the analysis are that banks still have weak areas within AML compliance. Even recognised red flag areas such as off shore havens, large wire transfers and front companies are still being used. The largest gaps still appear to be due diligence and beneficial ownership information.Research limitations/implicationsThe research topic is very new and emerging topic; therefore, analysis papers and other academic writing on this topic are limited.Practical implicationsThe research paper has identified a number of implications for the banking sector, addressing AML deficiencies, especially the need to consider the source of funds and the need for further enhanced due diligence systems for politically exposed and influential people and the importance of beneficial ownership information.Social implicationsThis paper has implications for the international development and the global banking sector. It will also influence approaches to AML regulation, risk assessment and audit within the broader financial services sector.Originality/valueThe originality of this paper is the link between the emerging issues associated with allegations of bribery and corruption within FIFA and the illicit financial flow implications across the banking sector.

PurposeTo analyze FinCEN’s settlement with Thomas Haider and examine regulatory agencies’ emphasis on individual accountability and the implications of this emphasis for anti-money laundering (AML) compliance personnel, and to provide practical guidance for personnel who have involvement with or oversight of corporate AML programs.Design/methodology/approachThis article analyzes the Thomas Haider settlement and its importance for individuals involved in AML compliance functions. This analysis includes an examination of several recent corporate and individual enforcement actions to contextualize the Thomas Haider settlement and its usefulness in the prediction of trends in the financial regulatory space.FindingsThis article concludes that FinCEN’s May 2017 settlement with Thomas Haider, which resolved the first occurrence of FinCEN’s filing suit to enforce a civil penalty against an individual, illustrates the importance of effective AML programs and highlights the potential consequences for individuals who fail to ensure effective programs. The article also makes specific practical suggestions for AML compliance personnel, and finds that such personnel should be particularly conscientious in light of regulatory agencies’ focus on individual accountability in resolving corporate enforcement actions.Originality/valueThis article contains valuable information about recent regulatory enforcement activity and practical guidance for AML compliance personnel from experienced lawyers with specialties in financial services and white collar regulatory enforcement.

This paper discusses the new Financial Crimes Enforcement Network (FinCEN) rule on beneficial ownership and the general due diligence challenges currently facing financial institutions. Covered financial institutions must comply with these rules by 11th May, 2018, and should consider the most effective means to take immediate steps to modify their anti money laundering (AML) compliance programmes to accommodate this latest expansion of the AML regulatory regime (specifically the USA’s BSA, AML and Counter-Terrorist Financing (CTF) regulations and associated guidance). Although narrated from a US jurisdictional perspective, non-US financial institutions and regulatory regimes (eg, European Union [EU] under the purview of the European Union’s Anti-Money Laundering Directive) are considered within the scope of discussion. It is acknowledged that non-US financial institutions may be required to adapt their compliance programmes to account for the new US beneficial ownership standards. Therefore, possible approaches toward development of universal operational solutions will be presented and assessed. Finally, this paper observes that the misuse of limited liability companies (LLCs) and offshore financial centres (OFCs) can serve as a harbinger of criminal activity and seeks to encourage further the discussion of due diligence governance and controls within the AML compliance community.

Money laundering poses a significant challenge to the economic stability of the world and the security of nations and human rights. Since illegal financial flows undermine the legal markets, corrupt the competition and promote the criminal life, there is a need to explore the wide-range of implications of such crimes, especially in the context of the United States economy. The paper explores the intersect between money laundering and human rights abuses and U.S. economic security, as well as the importance of effective Anti Money Laundering (AML) systems in reducing these problems. In the article, the author focuses on the argument that a tightening of AML regulations can positively impact the United States in terms of economic integrity, protection of human rights, and national security. The United States may reduce the concomitant expenses of corruption, human exploitation, and terrorism by averting the use of illicit funds to fund criminal groups and other human trafficking activities. In addition, a proper AML compliance will generate investor confidence, enhance transparency in the capital market, and sustainable economic growth, which is necessary to stabilize the U.S. economy. The study highlights the need to have wholesome, data-driven policy frameworks in place to curb the issue of financial crime and suggests a multi-layered solution to this problem, involving economic, legal, and human rights viewpoints. In this paper, the author provides the policy analysis and recommendations to the U.S. financial regulators, policymakers, and international organizations to improve AML systems, reduce the economic and human rights consequences of illicit financial flows, and increase the financial security of the globe. Finally, the findings state that increasing AML compliance will ensure the economic future of the United States, its increased credibility in the world, and its share in the process of ensuring international human rights.

PurposeThis paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania.Design/methodology/approachA desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data.FindingsThe AML law in Tanzania emerged from the law that was originally enacted to curb economic crimes. The law has evolved for some decades. Its evolution has been driven by domestic factors and foreign drivers which are political, economic and social in nature. The role of the AML law has been changing. Initially, the law was a tool for curbing economic crimes. Recently, the law has acquired a new role, namely, to facilitate the recovery of illicit funds and non-financial assets from offenders and enable the authorities in Tanzania to use those economic resources for developmental purposes.Research limitations/implicationsThe paper underscores the need for the Government of Tanzania to re-consider the broader implications involved in its current efforts to tackle economic crimes and money laundering. The balance between the implementation of the measures to combat money laundering and economic crimes in Tanzania and the importance of protecting rights of persons indicted with those offences should be struck. The AML law should be applied in such a way not to infringe the rights of the accused persons and not to throttle economic activities including the flow of legitimate foreign investments into Tanzania.Originality/valueThis paper generates insightful information to policymakers, law enforcers, regulators and other stakeholders who undertake activities to tackle money laundering and its control in Tanzania and researchers who study these issues for purposes of providing understanding of the problem and facilitating policy and legal reforms. The paper raises issues that can be explored further in future and contribute to the discourse on money laundering and its control in Tanzania.

PurposeThis paper provides examples of how illicit financial flows (IFFs) are occurring through the formal banking and financial services sector. The purpose of this paper is to explore which elements of anti-money laundering (AML) compliance need to be addressed to strengthen the banking response and reduce the impact of IFFs within the banking sector.Design/methodology/approachThe paper uses a number of sources of secondary data including the Swiss leaks data for HSBC and also the Permanent Sub Committee Report on HBUS in the USA, the OECD report on money laundering compliance and Financial Action Task Force (FATF) guidelines on beneficial ownership. It links this information to the relevant IFF reports produced through Global Financial Integrity to highlight the connection between banking AML compliance and IFF transfers through the banking sector.FindingsThe main findings from the analysis are that banks have a greater legal responsibility towards detecting and reporting suspicious transactions than they would have previously considered. This includes identifying the source and purpose of fund transfers and establishing the beneficial ownership of recipients.Research limitations/implicationsThe research topic is new; therefore, analysis papers and other academic writing on this topic are limited.Practical implicationsThe research paper has identified a number of implications to the banking sector on addressing AML deficiencies, especially the need to improve standards of beneficial ownership verification and customer due diligence (CDD) checks for politically exposed persons.Social implicationsThis paper has implications for the international development and the global banking sector. It will also influence approaches to AML regulation, risk assessment and audit within the broader financial services sector.Originality/valueThe originality of this paper is the link between the HSBC cases and IFFs and the implications this will have for future AML compliance processes across the banking sector.

Purpose This paper aims to investigate the challenges faced by company secretaries in complying with anti-money laundering (AML) laws and their requirements in Malaysia. The focus of the study is to analyse the understanding and compliance of the company secretaries on the duties imposed on them under the AML regime in Malaysia. Design/methodology/approach A review of existing AML guidelines, policies and compliance reports was conducted, supplemented by an analysis of the specific responsibilities of company secretaries, including Know Your Customer, customer due diligence, suspicious transactions reporting and record-keeping practices. Findings The study identifies significant gaps in compliance among company secretaries despite the established AML framework and guidelines. These gaps include technical and operational challenges, and there is a need for enhanced measures to prevent the misuse of their service’s money laundering activities. Originality/value This research offers a unique perspective on the AML compliance landscape for company secretaries and service providers, underscoring the importance of their role in establishing the corporate vehicle and their roles in combating money laundering. This paper provides practical insight for improving compliance effectiveness, contributing to the broader discourse on AML enforcement within trust company and service providers (TCSPs), including the companies’ secretaries.

This research delves into the nexus between anti-money laundering (AML) compliance and the financial performance of selected commercial banks in South Sudan, a country still on the FATF grey list despite substantial governmental investments in AML initiatives. Utilizing a cross-sectional and mixed-method design, the study specifically aimed to scrutinize the relationship between internal policies and the financial performance of commercial banks. Drawing from a sample of 105 participants across four banks, a comprehensive dataset comprising both quantitative and qualitative information was gathered. The findings underscore a noteworthy connection between internal policies and financial performance (r = 0.436, p = 0.000, n = 86), suggesting that improvements in internal policies may enhance financial outcomes. This study emphasizes the pivotal role of robust internal policies in fostering AML compliance and subsequently enhancing the financial well-being of commercial banks in South Sudan.

This review paper examines the intersection of Anti-Money Laundering (AML) compliance and financial inclusion in Sub-Saharan Africa. It analyzes the impact of AML regulations on access to financial services, the financial burden on institutions, and the effectiveness of risk-based approaches. Policy recommendations focus on balancing AML requirements and inclusion objectives, enhancing regulatory and institutional capacities, and fostering innovation and collaboration. The future outlook considers technological advancements and regulatory trends shaping the region's AML regulation and financial inclusion dynamics.

This research delves into the nexus between anti-money laundering (AML) compliance and the financial performance of selected commercial banks in South Sudan, a country still on the FATF grey list despite substantial governmental investments in AML initiatives. Utilizing a cross-sectional and mixed-method design, the study specifically aimed to scrutinize the relationship between internal policies and the financial performance of commercial banks. Drawing from a sample of 105 participants across four banks, a comprehensive dataset comprising both quantitative and qualitative information was gathered. The findings underscore a noteworthy connection between internal policies and financial performance (r = 0.436, p = 0.000, n = 86), suggesting that improvements in internal policies may enhance financial outcomes. This study emphasizes the pivotal role of robust internal policies in fostering AML compliance and subsequently enhancing the financial well-being of commercial banks in South Sudan.

Purpose This study explores the application of machine learning (ML) algorithms to enhance the detection and reporting of Suspicious Activity Reports (SARs) in California’s financial sector. This research aims to improve anti-money laundering (AML) compliance by evaluating the effectiveness of advanced ML techniques, specifically CatBoost and Decision Tree algorithms, in identifying suspicious financial transactions. Design/methodology/approach This research uses a comprehensive methodological framework involving the analysis of 45,000 SAR filings from financial institutions and regulatory agencies in California, dating back to 2018. Various ML algorithms, including linear regression, random forest, decision tree and CatBoost, are used to analyze SAR filing patterns and predict suspicious transactions. Findings The findings reveal that CatBoost outperforms other models, offering a better fit to the data and higher predictive accuracy with a low RMSE and high cross-validation scores. The Decision Tree algorithm also demonstrates significant promise but is slightly less effective than CatBoost. This study confirms that ML algorithms, particularly CatBoost, significantly improve the detection and reporting of suspicious financial activities, thereby enhancing AML compliance. Originality/value This research contributes to the literature by integrating advanced ML techniques into AML compliance, moving beyond traditional statistical approaches. The findings provide practical implications for financial institutions, highlighting the potential of ML algorithms to enhance the effectiveness of SAR filings and bolster regulatory efforts in mitigating financial crime. This study underscores the value of ML in developing targeted policies to curb illicit financial activities and advance AML analytical capabilities.

Banks can reduce resources spent on anti-money laundering (AML) compliance with blockchain-based transaction infrastructure. We consider AML compliance as a superset of know-your-customer (KYC) and transaction monitoring capabilities. We carried out this research with Danske Bank and Concordium, using internal documents and interviews that served as empirical data. We show how storing digital representations of verified IDs with a blockchain can automate tasks and reduce redundant verification in KYC onboarding. Blockchain transparency also improves identifying counterparties, determining funds sources, and creating alerts in transaction monitoring. These reduce time and labor costs for AML compliance, which may lead to smaller banks. When more banks commit to layer-1 blockchain technology, the benefits of blockchain-based AML will increase. We carried out this theory-based qualitative research and encourage ECRA readers to recognize that the emerging technology innovations we study in this article have not yet been widely adopted and implemented by financial services firms. We also include a theoretical model with study hypotheses to make the main constructs that we investigate easily understood by non-technical ECRA readers. The findings we have developed are consistent with early-stage exploration in our research context and are intended to encourage more well-developed empirical results as the passage of time permits such work to be undertaken.

The global phenomenon of faster payments is having an impact on operational issues related to anti-money laundering (AML) compliance. Faster payments are a response to the need to modernise current payment settlement networks as a result of market, technology and demographic trends. Faster payment networks provide benefits to the three major participant groups: corporations, consumers and financial institutions. AML compliance operations have traditionally been designed to operate in a batch mode, holding and reviewing potential suspicious transactions in a queue prior to release. The pressure to release transactions in a faster payments environment is significantly higher, potentially affecting customer service level agreements and the need to comply with established AML review procedures. There are opportunities to improve AML compliance procedures by re-examining processes used, staffing approaches and optimising technology tools.

European anti-money laundering (AML) law obliges both financial and non-financial private companies to contribute to combatting money laundering. Since the financial sector has implemented largely effective AML in the meantime, money launderers are increasingly moving their activities to the non-financial sector (non-FS). This study examines how AML obligations are implemented in the German non-FS. We intend to systemize different implementations of these obligations to provide a basis for improving future AML implementations, guidance, and research in the non-FS. The German setting is especially suited for this research, because its AML law is stricter than European AML law with respect to non-FS obligations, and because Germany has a large and interconnected economy. We use Grounded Theory to collect and analyze rich data from semi-structured interviews with 13 managers from eight multinational companies. Our result is a theory which systemizes the identified AML implementations. This helps explain how these various AML approaches emerge, and identifies ways in which the identified non-compliance and unaddressed AML risks can be mitigated. Another key observation is that guidance by the regulatory authorities is lacking. For both practice and regulators, the findings imply that the non-FS should follow a systematic AML process and that the regulatory authorities should support this approach through additional guidance. We also close some gaps in the literature, which has largely neglected the non-FS and rarely collected original data of actual AML implementation. The developed theory contributes to a better understanding of how AML effectiveness can be assessed and enhanced.