NCJ Number
111312
Journal
Inter-American Law Review Volume: 18 Issue: 1 Dated: (1986) Pages: 33-81
Date Published
1986
Length
49 pages
Annotation
This article discusses the international techniques that criminals use to launder money obtained through illegal actions and how the U.S. Government attempts to attack those techniques in order to establish the links between the crime and the criminal necessary for prosecution.
Abstract
Disposing of cash or other negotiable instruments obtained in illicit transactions is the first step in 'laundering.' The U.S. Government attempts to make the disposal more difficult through certain provisions of the Bank Secrecy Act, which requires banks to submit currency transaction reports to the Internal Revenue Service for any transaction involving more than $10,000 in cash or other bearer negotiable instruments. Additionally, under the Act, individuals must submit currency and monetary instrument reports to U.S. Customs when they transport more than $5,000 in cash across U.S. borders. Failure to comply with these provisions is a violation of a criminal statute. The Bank Secrecy Act was not enforced vigorously in the 1970's. In 1986, the U.S. Congress passed anti-drug legislation extending the powers of law enforcement authorities in investigating violations of the Bank Secrecy Act and other money laundering crimes. Enforcement efforts increased, and bank compliance also increased. However, two other developments have increased the problem of combating international money laundering. First, criminals use offshore tax havens to reduce, avoid, and evade American taxes on legally and illegally derived revenue. Second, citizens of other countries use these havens to avoid paying U.S. taxes and to circumvent currency control regulations. The article discusses unilateral, bilateral, and multilateral efforts to curtail international laundering of drug money. 116 footnotes.