Systemic Rot, the Launderers at ‘Buckingham Palace’ & Zombie Trusts
I’m sure I’m not the only person who secretly likes a one-star review. It’s awful to get one yourself (and I have, several times), but I have to admit that there is a nasty kind of pleasure to be had from reading at length how someone else’s restaurant, film, album or book is awful. So, if you’re that kind of person too, I recommend you dive into “How Well Does the Money Laundering Control System Work?”, a spectacularly critical if scrupulously academic article by Mirko Nazzari and Peter Reuter.
At the risk of giving away the punchline: the short answer to the question in the title is “it doesn’t”. Although, there are also additional details about how the anti-money laundering (AML) system acts as a moat around big banks to protect them from competition, while raising the costs of banking for everyone, excluding vulnerable and marginalised people from the financial system altogether, and doing nothing to stop criminals from keeping their wealth. So perhaps the answer is more like “not only does it not work, but it actively makes the problem it’s purporting to solve significantly worse”.
Of many damning examples that Nazzari and Reuter pick out, perhaps the most striking is how the Financial Action Task Force “grey-listed” South Sudan in 2021 for its failure to meet the FATF’s standards, at a time when the country’s very existence was threatened by civil war and humanitarian crisis. The idea that anyone would choose to launder significant amounts of money through a state without any effective government or legal apparatus is absurd, yet the FATF went ahead and imposed limitations on its ability to access banking services anyway, thus further crippling an already fragile economy and worsening a humanitarian catastrophe.
“It is hard for anyone to defend the current system with enthusiasm. Its failure to reduce either the predicate crimes that generate large criminal revenues or the volume of money laundering is uncontested. Even though specific estimates of costs are lacking, no one doubts that those costs are in the hundreds of billions of dollars globally,” Reuter and Nazzari write. “Government claims of success often appear ritualistic and are seldom scrutinized in detail. Yet, for all that, there is hardly any discussion of fundamental reforms in any country.”
I have been, as regular readers will know, writing a book on this precise topic and it is very pleasing that two distinguished researchers have come to exactly the same conclusions that I came to. I have also recently published an article about how the cryptocurrency tether is a dream tool for criminals looking to evade restrictions, and it is just one of many similar financial innovations that are rendering the AML system an ever-deader duck.
TURNING A BLIND EYE
On one level this is bad, because anything that makes it easier and cheaper for criminals to keep their money is awful. But on another level, if it was already easy and cheap for criminals to keep their money, perhaps the existential threat to the tattered remnants of the AML system that is posed by crypto gives us an opportunity to design a new system that does better. It is after all a very important challenge.
“All elements of our security are supported by our ability to tackle illicit finance – the flows of funds from criminal activity that underpin threats to the U.K. including terrorist networks, serious and organised crime groups, and hostile state actors,” claims the government’s brand new national security strategy.
Part of the difficulty of trying to persuade politicians of the urgency of improving the AML system is the sheer volume of jargon involved. But you don’t need acronyms to explain why this matters: money buys power; the more money criminals, terrorists and spies have, the more powerful they will be; powerful criminals, terrorists and spies are bad; so do something about it; the end. Of course, taking on the rich and powerful requires political determination and a belief in democracy, which is a whole different challenge.
“Foreign agents are watching as America’s anti-corruption regime crumbles. They see an extraordinary window of opportunity, and they know they’ll have to act quickly to take full advantage,” writes Casey Michel in this hugely alarming article (there’s something about seeing everything put together in one place). “Foreign regimes are beginning to see just how far their money can go in Trump’s America.”
FRIENDS IN HIGH PLACES
Of course, having an effective AML system also relies on banks abiding by the rules that are imposed upon them, which is tricky because there’s money to be made if you welcome in customers that other institutions are excluding. And that brings us to Monzo, an online bank which gained a full British license in April 2017, and now has around 12 million customers and is valued at several billion pounds. It appeared to have some pretty high-prestige customers, considering some of them registered their addresses as “Buckingham Palace” and “10, Downing Street”, but it appears they were not being entirely truthful. Monzo was not providing bank services to the king or the prime minister, but was instead not doing basic checks on the veracity of its clients’ information.
“Monzo’s failure to gather sufficient customer data meant that the Firm was unable effectively to assess whether transactions were consistent with expected activity or were suspicious. In addition, there were weaknesses in Monzo’s transaction monitoring processes,” noted the Financial Conduct Authority last week, as it fined the bank 21 million pounds. Monzo is a small bank, with a tiny fraction of the assets of an HSBC or a Barclays, but I’m going to go out on a limb and say it has almost certainly laundered more money internationally than South Sudan.
Yet, the chances of Britain being grey-listed are nil. Perhaps the biggest flaw in the world’s AML system is that it’s a cosy club of rich countries who are all very forgiving of each other’s slips and foibles, but very willing to condemn others. Somewhere that’s perhaps deserving of more condemnation is Liechtenstein, which has an unfortunately-named zombie trust crisis, caused by suddenly imposing sanctions on a financial system that had previously been very happy to provide services to wealthy Russians if not, as far as I know, to actual zombies.
A version of this story was published in this week’s Oligarchy newsletter. Sign up here.
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