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Money laundering: US Justice Dept. pursues HSBC. Argentina invites money launderers. SoniaG UPA, Will you move to restitute India's black money?

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Money Laundering


The U.S. Justice Department on Wednesday said it has chosen a former New York County prosecutor who is known for his innovative pursuit of criminals to police HSBC’s efforts to clean up its anti-money laundering program.

The Department’s decision to announce its choice at a time when a federal judge’s hesitation to sign-off on its settlement with HSBC has raised questions over the settlement’s prospects suggests the move is an attempt to win the judge’s approval, compliance experts said.


Argentina rates rogue status for money laundering scheme
The Post and Courier, June 6, 2013

By Douglas Farah
Argentina’s President Cristina Fernández de Kirchner has hit on a novel way to try to alleviate her self-inflicted economic free fall and acute shortage of hard currency — invite money launderers from around the world to put their dollars in Argentine banks with no questions asked.

That’s not, of course, the official plan. But this month’s move is the latest in a series of steps that seem more rooted in magical thinking than in economic reality that have pushed Argentina ever closer to financial ruin and international pariah status. The government-sponsored amnesty to allow any amount of dollars from anywhere in the world to find a home in Argentina, with no questions asked, was passed into law last week.

U.S. Justice Department chooses former prosecutor to be HSBC compliance monitor

By Guest Contributor
 
JUNE 6, 2013
By Brett Wolf, Compliance Complete
NEW YORK, June 6 (Thomson Reuters Accelus) - The U.S. Justice Department on Wednesday said it has chosen a former New York County prosecutor who is known for his innovative pursuit of criminals to police HSBC’s efforts to clean up its anti-money laundering program.
The Department’s decision to announce its choice at a time when a federal judge’s hesitation to sign-off on its settlement with HSBC has raised questions over the settlement’s prospects suggests the move is an attempt to win the judge’s approval, compliance experts said.
“It’s a smart move. Maybe it stirs a reluctant and reticent judge,” said a banking industry anti-money laundering compliance officer familiar with the Justice Department’s months-long search for a qualified monitor.
The man chosen for the five-year monitor post, which is expected to pay millions of dollars a year, is Michael Cherkasky, who was once Eliot Spitzer’s boss at the Manhattan district attorney’s office before Spitzer became New York attorney general then governor. Cherkasky has served as chief executive of several companies during the past decade.
Cherkasky is one of three candidates that HSBC nominated for the monitor job in January. He has held the reins at Kroll Inc, Marsh & McLennan Companies Inc, and most recently Altegrity, which among other things provides anti-money laundering solutions.
“Mr. Cherkasky has extensive experience in evaluating and improving the anti-money laundering programs of large financial institutions,” the Justice Department stated in a letter filed in federal court in Brooklyn on Wednesday that revealed Cherkasky as its choice for monitor.
Agreement hangs in balance
That letter was written to District Judge John Gleeson who is overseeing the Justice Department’s case against HSBC and has for months been considering whether to approve a so-called deferred prosecution agreement (DPA) that Justice and HSBC signed in December. The letter states that Cherkasky is expected to begin the monitor work after June 19.
The agreement awaiting approval aims to resolve Justice Department allegations that HSBC operated with egregious anti-laundering weaknesses that permitted drug cartels in Mexico and Colombia to funnel hundreds of millions of dollars through the U.S. financial system.
HSBC agreed to forfeit nearly $1.3 billion and take-on a so-called independent compliance monitor to oversee promised improvements to its anti-laundering controls.
The deal has drawn criticism from many, including some on Capitol Hill who believe HSBC or its employees responsible for the anti-laundering failures should have faced criminal charges.
“If you’re caught with an ounce of cocaine, the chances are good you’re going to jail. … But evidently, if you launder nearly a billion dollars for drug cartels and violate international sanctions, your company pays a fine and you go home and sleep in your own bed at night… I think that’s fundamentally wrong,” Elizabeth Warren, freshman Democratic senator from Massachusetts, said during a Senate Banking Committee hearing in March.
With Judge John Gleeson hesitating to sign-off on the DPA, media reports recently emerged suggesting a dispute had emerged between the judge and the Justice Department. Neither the Department nor Gleeson has publicly responded to these claims.
The monitor requirement is a key provision of the DPA because the chosen individual would serve as the eyes and ears of the Justice Department, allowing it to assess whether HSBC is living up to its commitments. A failure to do so could void the deal and potentially expose the bank to prosecution.
Such a role would not be a new one for Cherkasky. He previously served as the independent monitor for the Los Angeles Police Department and the chairman of the New York State Commission on Public Integrity and has been appointed by the federal courts to oversee compliance with several judgments, the Justice Department stated in its letter to Judge Gleeson.
Cherkasky “tough but fair” leader
Adam Kaufmann, who earlier this year left his post as chief of investigations at the Manhattan DA’s office and now is a partner at the New York office of Lewis Baach PLLC, said Cherkasky is known for getting the job done.
“He had a reputation as the kind of guy who would think up novel approaches for difficult investigations, especially in the areas of organized crime and corruption,” Kaufmann said. “He’ll be a tough but fair monitor who I think will work with the bank, but also will make sure that the bank complies with its obligations.”
A part of Cherkasky’s appeal may have been his lack of previous entanglements with HSBC – such as prior consulting deals or a role in law enforcement investigations targeting the bank – that Justice officials would have viewed as conflicts of interest, sources with firsthand knowledge of the Justice Department’s months-long effort to vet potential monitor candidates said.
Cherkasky’s experience as a prosecutor and his credentials as a leader make him a logical choice for the monitor job, said Dennis Lormel, who previously headed the Federal Bureau of Investigation’s Terrorist Financing Operations Section and now is a consultant.
Lormel added that Cherkasky’s success will depend in part on “the talent of the people who are brought in to do the hands-on work” of tracking HSBC’s day-to-day progress in bolstering its anti-laundering controls.
It appears that Cherkasky has already chosen his support staff. As part of the Justice Department’s vetting process all candidates were required to disclose who they would hire, sources said.
Cherkasky, a Justice Department spokesman, and an HSBC spokesman all declined to comment.
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Letter written to District Judge John Gleeson, please click here.


Argentina rates rogue status for money laundering scheme

  • Posted: Thursday, June 6, 2013 12:01 a.m.
WASHINGTON — Argentina’s President Cristina Fernández de Kirchner has hit on a novel way to try to alleviate her self-inflicted economic free fall and acute shortage of hard currency — invite money launderers from around the world to put their dollars in Argentine banks with no questions asked.
That’s not, of course, the official plan. But this month’s move is the latest in a series of steps that seem more rooted in magical thinking than in economic reality that have pushed Argentina ever closer to financial ruin and international pariah status. The government-sponsored amnesty to allow any amount of dollars from anywhere in the world to find a home in Argentina, with no questions asked, was passed into law last week. The justification is the need for hard currency because the current economic policies have driven up the value of the black-market dollar to 10 pesos while the official exchange remains pegged at 5 pesos.
In recent months, the Fernández de Kirchner government has imposed import and export policies that have led to chaos, shortages, massive capital flight and a 20 percent fall in foreign reserves. The president has ramped up her attacks on the independent media while spending hundreds of millions of government dollars on advertising to shore up official media outlets, while moving aggressively to neuter the independent judiciary that has consistently blocked her worst impulses from becoming law.
In its foreign relations, Argentina, through expropriations and contempt for international law, has antagonized traditional allies such as Brazil, Spain and the United States — while growing ever closer to Iran, a U.S.-designated state sponsor of terrorism allied with Venezuela and Cuba. Argentina has become a major way station for Bolivian and Peruvian cocaine headed to West Africa and then onward to Europe, while the government’s anti-U.S. rhetoric has grown increasingly strident. The International Monetary Fund has threatened to suspend Argentina for falsifying economic data.
The architects of these unorthodox policies are a group of messianic young presidential advisers and government officials known as “La Cámpora,” who believe they are the vanguard of a transformational generation that will help Argentina regain its rightful place as a world leader. Their leader is Máximo Kirchner, the president’s son. One of the Camporista’s leaders is Cecilia Nahón, appointed ambassador to the United States at the end of last year.
The Camporistas take their name from Héctor José Cámpora, an unconditional ally of the late dictator Juan Domingo Perón and of the armed radical left wing of Peronist movement that became the Montonero guerrillas. Cámpora served as president for 49 days in 1973, just long enough to sign an amnesty to allow Perón, then living in exile, to return and run for president.
Most of the Camporistas cut their political teeth in radical university politics in the early 2000s as the country in 2001 defaulted on some $100 billion in sovereign debt and fell into chaos. Now they offer a blend of Marxism, fascism and utopian policies that has led to Argentina’s free fall rather than its rebirth. The group, with Máximo’s support and the president’s ear, has taken over many of the most important government revenue sources, including the national airline, Aerolineas Argentinas, which, since being re-nationalized, loses $2 million a day and operates with virtually no accountability or oversight, according to airline audits and investigative reports.
It is this casual disregard for the rule of law and the rules of economics that make the decision to open the financial sector to billions of dollars in suspicious money so alarming. Earlier this year, before the law was proposed, the State Department had already expressed concern that “money laundering related to narcotics trafficking, corruption, contraband and tax evasion occurs throughout the financial system.”
The president’s own auditor general asked the Senate not to pass the law “because of the opening it entails for the possibility of laundering,” he said, and called the measure a huge invitation for criminal groups to have their money “legitimized through fictitious companies.”
But with vital midterm elections coming up in October — and The Project, as the Camporistas call their long-term plan of political domination (their motto is “Let’s go for everything”), at risk — it is unlikely the Fernández de Kirchner government will modify its course. With her popularity sliding, corruption scandals simmering, and inflation rising, she is likely to continue to pour money into failed policies to stave of collapse until after that vote.
Fernández de Kirchner has decided to operate outside the rule of law and international standards of accountability and transparency. It is time for the U.S. and others to begin treating her government as the rogue state it has become.


Douglas Farah, a senior fellow at the International Assessment and Strategy Center in Alexandria, Va., is the author of the recent studies “Back to the Future: Argentina Unravels” and “La Cámpora in Argentina: The Rise of a New Vanguard Generation and the Road to Ruin.”WASHINGTON — Argentina’s President Cristina Fernández de Kirchner has hit on a novel way to try to alleviate her self-inflicted economic free fall and acute shortage of hard currency — invite money launderers from around the world to put their dollars in Argentine banks with no questions asked.
That’s not, of course, the official plan. But this month’s move is the latest in a series of steps that seem more rooted in magical thinking than in economic reality that have pushed Argentina ever closer to financial ruin and international pariah status. The government-sponsored amnesty to allow any amount of dollars from anywhere in the world to find a home in Argentina, with no questions asked, was passed into law last week. The justification is the need for hard currency because the current economic policies have driven up the value of the black-market dollar to 10 pesos while the official exchange remains pegged at 5 pesos.
In recent months, the Fernández de Kirchner government has imposed import and export policies that have led to chaos, shortages, massive capital flight and a 20 percent fall in foreign reserves. The president has ramped up her attacks on the independent media while spending hundreds of millions of government dollars on advertising to shore up official media outlets, while moving aggressively to neuter the independent judiciary that has consistently blocked her worst impulses from becoming law.
In its foreign relations, Argentina, through expropriations and contempt for international law, has antagonized traditional allies such as Brazil, Spain and the United States — while growing ever closer to Iran, a U.S.-designated state sponsor of terrorism allied with Venezuela and Cuba. Argentina has become a major way station for Bolivian and Peruvian cocaine headed to West Africa and then onward to Europe, while the government’s anti-U.S. rhetoric has grown increasingly strident. The International Monetary Fund has threatened to suspend Argentina for falsifying economic data.
The architects of these unorthodox policies are a group of messianic young presidential advisers and government officials known as “La Cámpora,” who believe they are the vanguard of a transformational generation that will help Argentina regain its rightful place as a world leader. Their leader is Máximo Kirchner, the president’s son. One of the Camporista’s leaders is Cecilia Nahón, appointed ambassador to the United States at the end of last year.
The Camporistas take their name from Héctor José Cámpora, an unconditional ally of the late dictator Juan Domingo Perón and of the armed radical left wing of Peronist movement that became the Montonero guerrillas. Cámpora served as president for 49 days in 1973, just long enough to sign an amnesty to allow Perón, then living in exile, to return and run for president.
Most of the Camporistas cut their political teeth in radical university politics in the early 2000s as the country in 2001 defaulted on some $100 billion in sovereign debt and fell into chaos. Now they offer a blend of Marxism, fascism and utopian policies that has led to Argentina’s free fall rather than its rebirth. The group, with Máximo’s support and the president’s ear, has taken over many of the most important government revenue sources, including the national airline, Aerolineas Argentinas, which, since being re-nationalized, loses $2 million a day and operates with virtually no accountability or oversight, according to airline audits and investigative reports.
It is this casual disregard for the rule of law and the rules of economics that make the decision to open the financial sector to billions of dollars in suspicious money so alarming. Earlier this year, before the law was proposed, the State Department had already expressed concern that “money laundering related to narcotics trafficking, corruption, contraband and tax evasion occurs throughout the financial system.”
The president’s own auditor general asked the Senate not to pass the law “because of the opening it entails for the possibility of laundering,” he said, and called the measure a huge invitation for criminal groups to have their money “legitimized through fictitious companies.”
But with vital midterm elections coming up in October — and The Project, as the Camporistas call their long-term plan of political domination (their motto is “Let’s go for everything”), at risk — it is unlikely the Fernández de Kirchner government will modify its course. With her popularity sliding, corruption scandals simmering, and inflation rising, she is likely to continue to pour money into failed policies to stave of collapse until after that vote.
Fernández de Kirchner has decided to operate outside the rule of law and international standards of accountability and transparency. It is time for the U.S. and others to begin treating her government as the rogue state it has become.

Douglas Farah, a senior fellow at the International Assessment and Strategy Center in Alexandria, Va., is the author of the recent studies “Back to the Future: Argentina Unravels” and “La Cámpora in Argentina: The Rise of a New Vanguard Generation and the Road to Ruin.”

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