important constraint on the effective implementation of anti-money laundering
regimes. Occasionally, there may be certain corrupt officials within stock broking
firms, stock exchanges and regulatory bodies who may knowingly assist those who
engage in money laundering activities or condone their conduct. Clearing houses and
depositories and settlement banks may be implicated if they willingly facilitate a
transaction while information is available that indicates the funds as having been
generated – or presumably generated – from an illegal source.
The nature of the trading instruments and the purposes for which funds raised
through the market are to be deployed may be linked to money laundering activities or
to fund the predicate offences such as drug trafficking or terrorist activities. The
prospectus or statement lodged with the exchange or the regulatory body (or with
both) may conceal the real purpose for which the funds are being deployed.
Instruments or products that offer attractive and quick returns far in excess of the
prevailing rates ought to trigger alarm bells, but where bullish conditions do not exist
prospective investors tend to welcome the marketing of new instruments or products.
Another reason for the vulnerability of the stock market is that a listed company
may in fact be a front for money laundering operations or for facilitating terrorist
activities. Companies with diversified operations find it easier to channel funds for
illegal purposes without running too much of a risk of detection. The company’s
annual report and the accounts may mask some of the purposes for which funds have
been deployed; in fact, concerns now exist that with the current pressure on companies
to allocate funds for charitable and other welfare purposes as part of “corporate social
responsibility”, the funding of non-governmental organisations may pose a problem
where such organisations are alleged to be associated with terrorist activities.
Certain procedures that are being followed as a matter of routine may be inadequate
to address money laundering and terrorist financing concerns. Such procedures
include the following.
Prescreening process
The registration or licensing of stock brokers and other market intermediaries used to be
a routine function for the stock market regulator and the stock exchange and it is only in
more recent times that stricter standards of due diligence have been applied (Savla,
2001). A company seeking a listing on an exchange goes through a screening process,
but it is rare for that process to capture the receipt or use of any funds linked to money
laundering or terrorist financing activities. Details of holding, associated and subsidiary
companies that are provided at the time of listing may not be adequate to make any
judgement regarding the operations of the entire group. Stock brokers are required to
exercise due diligence in respect of individual and corporate clients in terms of the
requirements set out in the anti-money laundering legislation, but rarely is each
transaction scrutinised to the same extent as a bank would generally do. Stock brokers
may remain relatively complacent knowing that the bank would have screened the
investor and that all remittances would be subjected to scrutiny. However, inward
remittances through share market transactions may be viewed by a bank as a perfectly
legitimate transaction unless there are circumstances that would indicate otherwise. The
new requirements to combat terrorism financing pose more difficulties as seemingly
respectable organisations may be used, wittingly or unwittingly, to channel funds for
terrorist purposes. This is an interesting area that lends itself to further research.
QRFM
1,1
50Even though screening of staff prior to appointment is an important preventive strategy
in the fight against money laundering, market regulators, stock exchanges and central
depositories rarely undertake a detailed search with regard to junior level staff being
recruited.
Share trading transactions
Transactions may be funded from money linked to crime but unless the stock brokers,
the stock exchange, listed companies, banks and the regulators exercise a high degree
of vigilance, it will not be possible to track down the source of income or the purposes
for which the proceeds will be used. The large volume of transactions taking place
daily on the trading floor can eclipse the occasional transfer that ought to raise a
certain degree of suspicion. Banks use sophisticated software to capture unusual
transactions; however, it is relatively uncommon for stock brokers and exchanges to
rely on such software packages. In terms of effectiveness and functionality, some
software packages leave much to be desired, offering only a false sense of security.
Listing of instruments
Listing applications set out only in broad terms the purposes for which the company
intends to use the funds mobilised through a new issue, placing or new instrument.
This information will generally be insufficient to provide any in-depth understanding
of the business operations and business plans so as to be able to detect whether there is
any possibility of the funds being diverted for illegal purposes.
Compliance reports
Compliance reports of firms of stock brokers and other reports such as of audit
committees and investment committees may not necessarily accord much attention to
the implementation of anti-money laundering controls.