Money Laundering and Counterfeit Companies: Utilization and Supervisory Mechanisms

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Money laundering is a complex and comprehensive process to disguise the proceeds of crime as legal. Counterfeit companies constitute an important component of this process and play an active role in the proliferation of money laundering. Counterfeit companies are businesses that do not engage in real commercial activity, do not generate profit and are established solely to launder the proceeds of crime. In this article, we will discuss the use of counterfeit companies in money laundering processes, how they operate and the importance of supervision mechanisms.

I. Use of Counterfeit Companies in Money Laundering Processes

A. Definition and Characteristics of Sham Companies

Sham companies are often established in countries with a complex and transversal legal structure. The main characteristic of these companies is that they do not carry out real business activities. They are only used to launder the proceeds of crime through forged documents and paper transactions.

B. Advantages and Uses of Counterfeit Companies

Providing Anonymity: By hiding the identity of the real owners, sham companies provide anonymity and make money laundering activities safer.

Disguised Transactions: By mimicking real business transactions, fake companies help cover up the money laundering process.

Complicating International Cooperation: The use of counterfeit companies in different countries can hinder international cooperation and complicate monitoring processes.

II. How Counterfeit Companies Work

A. Establishment Phase

Company Name and Documentation: Counterfeit companies try to avoid attracting attention by choosing similar names to legitimate companies. At the same time, the creation of the company is completed by issuing fake documents and submitting them to the necessary official institutions.

Appointment of Fake Directors: In fake companies, fake directors are appointed instead of the real owners and these persons represent the company.

B. Transfer of Proceeds of Crime to the Company

Commingling of Money Black money is transferred between different accounts and commingled between various accounts in order to erase traces.

Fictitious Transactions and Invoicing: Fraudulent companies try to prove the flow of money by issuing fictitious transactions and invoices.

C. Money Laundering

Illegitimate Investments: Black money is laundered through illegitimate investments in legitimate businesses or real estate through fake companies.

Fictitious Profit Declaration: Fake companies declare profits and these profits are taxed, thus legalizing the money.

III. Control Mechanisms of Counterfeit Companies

A. Controls on Company Establishment and Management

Company Establishment Audit: During the establishment stages of companies, detailed investigations should be carried out on the owners and managers of the company and the identities of the real owners should be determined.

Appropriate Governance Rules: Companies' governance rules and accounting records should be examined and audits should be conducted to detect fraudulent transactions.

B. Monitoring and Reporting Financial Transactions

Financial institutions and other sectors need to contribute to the fight against money laundering by implementing AML policies.

Suspicious Transaction Reporting:

Financial institutions should report potential money laundering activities to competent authorities by generating suspicious transaction reports. Suspicious Activity Reporting (SAR) is a reporting process used by financial institutions and other businesses to notify competent authorities when suspicious circumstances are identified in customer transactions or activities. The aim is to prevent and detect potential money laundering, terrorist financing or other criminal activity. SAR is considered an important tool in the fight against money laundering and financial crime and is supported by various legal regulations at the international level.

The suspicious transaction reporting process takes place as follows:

Detection of Suspicious Activity: Financial institutions and other businesses continuously monitor customer transactions or activities and identify suspicious circumstances. For example, large cash deposits or withdrawals, unusual or repetitive money transfers, abnormal trading transactions, or transactions with high-risk countries may be considered suspicious transactions.

Suspicious Transaction Report Form: When a suspicious transaction is detected, it is reported to a specific unit of the financial institution or business and the Suspicious Transaction Reporting Form is completed.

Internal Audit and Assessment: The suspicious transaction notification form is reviewed by the financial institution's internal audit and compliance unit and, if necessary, the related transactions or customer accounts are further assessed.

Reporting to Competent Authorities: If the suspicion is confirmed or there is reasonable suspicion, the financial institution or entity submits a SAR report to the relevant regulatory or law enforcement authorities. The report is usually made electronically and within a specified timeframe.

Legal and Ethical Obligations: Financial institutions and businesses participate appropriately in the SAR process by meeting their legal and ethical obligations. Suspicious transaction reporting is often mandated by legal regulations and SAR reports are protected in accordance with client confidentiality and other legal requirements.

Suspicious transaction reporting is critical in the fight against money laundering and financial crime. Financial institutions and businesses should continuously monitor customer transactions to identify suspicious activity and quickly report it to the competent authorities. This process complicates the integration of the proceeds of crime into the legal economy and makes it easier to detect the financial activities of criminals. At the same time, SAR reports provided to the competent authorities provide an important source of information for a broader and effective work in the fight against money laundering.

AML (Anti-Money Laundering) Policies: 

AML (Anti-Money Laundering) Policies are regulations and strategies adopted by financial institutions and other businesses to prevent money laundering and protect the financial system from criminal activity. AML policies are developed in line with legal regulations supported by various organizations and governments at the international level.

These policies focus on preventing money laundering and terrorist financing and include the following key elements: 

Authentication and Know Your Customer (KYC):

Financial institutions implement KYC policies to verify the identity of their customers and obtain detailed information about the customer. This prevents customers from transacting under false identities or anonymously.

Risk Assessment and Monitoring:

Financial institutions continuously monitor customer relationships and transactions and make risk-based assessments. High-risk customers or transactions are scrutinized more carefully and additional review processes are initiated when necessary.

Staff Training:

Financial institutions train their employees on money laundering and terrorist financing. Staff are made aware of how to identify and report suspicious transactions.

Recording and Documentation:

Financial institutions regularly store all documents related to customer transactions and reporting processes and keep them available for audit.

International Cooperation:

AML policies encourage international cooperation and information sharing. Given the international dimension of money laundering, information sharing and cooperation between countries is critical. 

AML policies are an indispensable tool to enhance the soundness of the financial system and prevent financial crimes such as money laundering. Successful implementation of these policies makes it more difficult to integrate the proceeds of crime into the legal economy and makes it easier to detect the financial activities of criminals. In addition to being a legal obligation for financial institutions and other businesses, AML policies are an important element for the financial security and stability of society.

With the proliferation of money laundering, the use of counterfeit companies has also increased. These counterfeit businesses complicate money laundering processes, making them difficult for authorities to combat. Therefore, international cooperation and effective supervisory mechanisms are vital in preventing money laundering and preventing the laundering of the proceeds of crime. In this regard, the strict implementation of AML policies by financial institutions and other sectors and the generation of suspicious transaction reports to inform the authorities will help to effectively prevent money laundering and counterfeit companies.

 

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