Monthly Archives: June 2010

Wave the Flag! Our Flag!

 
 

Washington, DC -- The capital of OUR country!

My father watched as his friends died in WW II, and I watched as my friends died in Vietnam. None of them died for the Mexican Flag. Everyone died for the U.S. flag.

Just this week, here in Texas, a student raised a Mexican flag on a school flag pole; another student took it down. Guess who was expelled…the kid who took it down. Kids in high school in California were sent home this week on Cinco de Mayo because they wore T-shirts with the American flag printed on them.

Enough is enough.

The below e-mail message needs to be viewed by every American; and every American needs to stand up for America.

We’ve bent over to appease the America-haters long enough. I’m taking a stand. I’m standing up because the hundreds of thousands who died fighting in wars for this country, and for the U.S. flag can’t stand up. If you agree, stand up with me. If you disagree, please let me know. I will gladly remove you from my e-mail list. And shame on anyone who tries to make this a racist message.

Let me make this perfectly clear!

THIS IS MY COUNTRY!

And, because I make This statement

DOES NOT

Mean I’m against immigration!!!

YOU ARE WELCOME HERE, IN MY COUNTRY!

Welcome! To come through legally:

1. Get a sponsor!

2. Get a place to lay your head!

3. Get a job!

4. Live By OUR Rules!

5. Pay YOUR Taxes!

And

6. Learn the LANGUAGE like immigrants

have in the past!!!

AND

7. Please don’t demand that we hand over our lifetime

savings of Social Security Funds to you.

If you don’t want to forward this for fear of offending someone,

Then YOU’RE PART OF THE PROBLEM!

When will AMERICANS STOP giving away THEIR RIGHTS???

We’ve gone so far the other way…

bent over backwards not to offend anyone.

But it seems no one cares about the

AMERICAN CITIZEN

that’s being offended!

WAKE UP America !!!

If You agree…. Pass this on.

If You don’t agree.. Delete It!!!

Laughter Lightens Your Load

 

Woman comes home, screeches her car into the driveway, and runs into the house. She slams the door and shouts at the top of her lungs,

“Honey, pack your bags. I won the lottery!”

Husband: “‘Oh my God! What should I pack, beach stuff or mountain stuff?”

Wife:  “Doesn’t matter — just get out!”

Money Laundering Article

 Here is an article from an expert in asset recovery. Mr. Adams wrote, and owns copyright to the article.

The building your money built?

Featured Article

High Dollar Cash Depositors Can Bring Risks Along With Earnings

By Colby Adams

A small bodega in a Texas border town dealing solely in cash and depositing modest profits into its local community bank suddenly triples its monthly revenue. A high net worth client at a large commercial bank in Miami begins making $9,000 cash deposits into his business account. A potential customer wants to open an account with a small community bank in which she will deposit $1 million in cash every month.

Under U.S. regulations, all three scenarios would merit compliance scrutiny, as well as raise questions of whether banks should accept the deposits at all. But while high-dollar cash transactions can be at risk for money laundering, placing limits on cash deposits or prohibiting them altogether isn’t financially feasible for many institutions.

“Cash can, counterintuitively, be very expensive for a bank, so the first thing to ask is, can you handle the business?” said Lisandro Quintana, a Bank Secrecy Act (BSA) and Office of Foreign Assets Control compliance officer at San Diego National Bank who monitors several accounts for cash-intensive businesses.

In addition to requiring investments in armored transport and cash vault services, high-volume cash deposits also require financial institutions to account for additional teller time, as well as file currency transaction reports and conduct time-consuming onsite visits of the clients.

To go above and beyond the normal checks, compliance officers should ask a client to show two years of past tax returns to establish the value of the business in relation to account activity, aid [sic] Quintana.

In some cases, compliance officers should also “think outside of the BSA manual” by taking advantage of the skills of other bank officials, said Quintana.

“I had our bank’s commercial lending officer do a financial analysis of an auto dealer because they have expertise to analyze financial statements and tax returns to a depth that most compliance departments can’t,” said Quintana. “It turns out he was selling his cars at $200 a pop.”

Placing alerts on cash deposits over a certain threshold, as well as requiring preapproval from a compliance officer or bank supervisor for wire transfers over a specific amount, may also be helpful, according to Aaron Kahler, a former bank compliance officer and founder of Kahler Forensic Solutions, a New York City-based consultancy.

These steps are necessitated by the fact criminals and narco-traffickers to launder money domestically often form a silent partnership with a cash-intensive business, and mingle dirty money with legitimate profits, according to Kenneth Rijock, a financial crime consultant for London-based consultancy World Check and a convicted money launderer.

Launderers are further shielded by the fact that many businesses-including restaurants, laundry mats and grocers-are exempt from currency transaction reporting requirements if they’ve maintained a bank account for at least a year and frequently transact more than $10,000, including for purposes of payroll.

Compliance departments should also determine if a cash-intensive business is located in one [sic] the seven High Intensity Financial Crimes Areas or 25 High Intensity Drug Trafficking Areas identified by U.S. agencies, said Kahler. The high crime areas include South Florida, New York, New Jersey and Texas counties bordering Mexico, among other regions.

The temptation for small, cash-intensive businesses to aid money launderers increases during economic downturns, said Rijock. A sudden upswing in profits by 50 percent or more in one month from a laundry mat, auto dealer, jeweler or restaurant, for example, may indicate comingling of criminal proceeds with business earnings, he said.

Regardless of the checks, at some point, compliance officers should expect push back from account managers hoping to net lucrative accounts, said Rijock. “Account management versus compliance is as old as the hills, and nine times out of 10 the need for additional revenue streams trumps compliance concerns,” he said.

But when account managers win out with bank management, compliance officers shouldn’t simply give up on imposing anti-money laundering checks on the risky accounts, according to Kahler.

“If compliance has to budge, they should push for site visits and extra monitoring from an initial site visit to five or six site visits per year, all of which entail extra labor costs,” said Kahler.

Moreover, compliance officers can further clarify the financial picture by comparing any accounts that their financial institution maintains for a competitor of the client, said Quintana. Should the bank not maintain accounts of competitors, compliance staff might visit other competitors in “drive by” reviews that allow them to compare business volume, advertizing and marquees.

A nondescript business boasting returns significantly higher than a competitor with heavy foot traffic and seemingly more effective advertising could indicate money laundering, said Quintana.

 

NOTE: This was published about the same time as I published my last blog post. The article is from a publication of the International Association for Asset Recovery, of which I am a member.

Chapter 8 (Part II) Laundering Assets Through a Business

Washington, D.C.

 

What a tangled web we weave       

         When once we practice to deceive.         

Now watch how complex these transactions can become. You already know that business expenses are tax deductible. These expenses can be overstated to cover illicit cash being injected into the business for laundering. But there is a catch. Inflated expenses are likely to attract the attention of the Internal Revenue Service.       

                The Service has a solid understanding of the range of expenses involved with running every business that has ever been reported in the United States. An occasional anomaly may remain unchallenged. But tax returns that each year state expenses the Service considers out of proportion will result in a routine audit. The IRS auditor would not mention tax fraud, or any other suspicion. The Service would merely want the taxpayer to justify the business expenses that seemed unrealistic during the initial review of the business tax return.         

          Here is a practical example. Let’s say Pitorri and Associates, LLC  files a return for a start-up business, claiming startup expenses of $75,000. Now that would result (or at least, should result) in a request by IRS to support those expenses with receipts. Why? Because the firm is not inventorying anything, not buying lots of office furniture, not renting high-cost office space, and not hiring two or three people. So why is a small, professional firm spending 75 k   just to get started? Another example, still using my own firm to segue into the meat of this article.         

           Let’s say, down the road, we start claiming expenses of 60 – 70 k  per year. In reality, perhaps, we are grossing only 50 k  per year. The IRS is kind of quirky on this:  we cannot deduct 70 thousand dollars of expenses from 50 thousand dollars of revenue!*  But we need (in this made-up scenario) to dispose of, let’s say, 60 thousand dollars in dirty money, plus 10 in real expenses. And by the way, we must do it in such manner that if a skilled asset searcher inquired into our business, she would not see the laundry operation.         

 Inflatables         

 Okay, to justify inflated expenses, the criminal must overstate his sales volume or revenue to explain the extra cash that is supposed to be available to pay those expenses. (“Extra” because the routine or actual  business cash flow will not support the amounts of cash that would have to be available to pay the inflated expenses).         

          As you saw in the first part of this series, the physical payment of cash to vendors or suppliers can present a problem. Unless…  unless those vendors and suppliers are in cahoots with (the proper term is in a conspiracy to commit [a specific crime]) the business person. How many businesses have thousands of dollars lying on premises for cash payments? It fact, it is rare that any business pays cash at all for any procurement items, except those which qualify for petty cash withdrawals. Hence, cash disbursements per se invite attention and suspicion.         

         Further, the criminal would have to deposit the illicit funds without any business transaction to explain them. These funds would become the overstated revenues. But they would also be taxable. Now, I ask you: Why steal money, only to have it taxed?         

         Here’s a loophole. Most mom and pop shops get periodic support from mom and pop as well as cousins, aunts, rich uncles, and other “family”. The business owner can then deposit any amount of money into the business account, and post the books with the perfectly appropriate entry “Loans from stockholders”. The cash received in this manner is not taxable to the business. This is a perfectly legitimate transaction that many of us small business peole use to keep our enterprises afloat in lean times. But there are still some threads dangling loose from this web of deceit.         

Sinkables         

If you  have been following me the whole way, you might ask, “Okay, but then how does the criminal account for the cash that he used to float the business?” He probably does not. That cash itself is probably in dire need of being laundered. This could become real tricky for the co-conspirators; mistakes here could sink the enterprise. (Remember the Anchovy Caper in the previous posting?) Here’s what I mean. Loans From Stockholders, while not subject to tax, do not account for inflated expenses or overstated revenue. And if they occur in large amounts, with regularity, the IRS may consider them to be unearned income, taxable as ordinary revenue.         

          On the other hand, if the criminal handles the Loans From Stockholders account skillfully, the account can become a serious moneymaker. Loans routinely carry an interest schedule. All interest paid by a business constitutes a business operating expense which can be deducted from the gross revenues. The debtor business can structure the loan, the interest, and the repayment schedule in such manner that as the loan amortizes over several years, the interest payments offset a significant percentage of the revenue, inflated or real.         

          Oh, by the way, about those interest payments. In reality, they don’t exist.         

Next time:  Secrets of a successful criminal.       

* Properly documented, in accordance with IRS rules, this would constitute a business loss. But the business could not just continue in this manner, year after year. You can be sure that this would invite either auditing by mail, or a full desk-side audit. Remember, the whole idea of money laundering is that it be able to continue uninterruptedly, year after year.

Chapter 8: How to Trace Assets Laundered Through a Business

This chapter focuses on assets that are hidden or laundered through a legitimate business operation.  Cash is both the easiest and the hardest asset to deal with, and will be the subject of our mini-expose` for the next few pages.

Much of the cash introduced into a business for laundering started out as some other type of asset that was converted, such as antique cars, stocks, or real estate. Pizza also works.

Me, the FBI, and Hot Anchovies

Years ago, when I was an Army counter terrorist (CT) specialist, I had a friend who was FBI CT SWAT. His son and my sons used to frequent a certain pizza joint in a large shopping mall near our home.  One day, the Bureau guy tells me to stay away from the pizza place for the next few days. Good enough.

          Three days later, the FBI raids our friendly pizza place in the mall. People are taken away in handcuffs. No more pizza.

          Seems the pizza people had several different activities going on — besides selling pizza.  It went something like this: Certain Special People (CSP’s) would come in to buy two or three pizzas. The CSP’s would hand over a lot of money  (“purposeful overage”) which would be enough to cover the pizza and the drugs in the pizza boxes. The cash would be dirty, and needed laundering. (“Dirty” in this case meant that it had been derived from other illicit activities.)

          That cash was then either negotiated as change for other customers, or simply deposited at the end of the day. No CSP ever visited the place twice. Of importance as well is that this mall is about 2 minutes’ drive from I-95. Easy access from another state, and quick egress to a different state.

Advantages to Hiding Assets in a Business….

While all property can be traced through some type of paperwork, cash cannot be.  (Yes, I know Hollywood talks about “marked” bills, but that currency is not marked per se; the serial numbers are recorded. Have you any idea how much time and drudgery would be involved?)  Lack of records of cash transactions makes it difficult if not impossible to connect illegitimately gained cash with honest business transactions. Illegitimate cash funneled into a business is probably not reported, if the purpose is just to clean the cash (like the Anchovy case).  If the purpose were to support the business, the infusion of cash would probably be offset by fabricated expenses.

          If the dirty cash is used as revenue, and not reported, then the revenue is not taxed. In the Anchovy Caper, the incoming cash was actually revenue, but not just for pizza. I’m certain the IRS got involved at some point.

          Let me clarify. Illicit cash must be laundered, so that it appears to come from legitimate enterprise, for one reason: Bulk. No one needs to launder a couple of thousand dollars. He would, however, need to launder a couple of million. As I mentioned earlier, he (or you) could not just deposit two million bucks in your local friendly bank branch without drawing a lot of attention! If you are doing millions a week in drugs, how would you spend it? Answer: Really really slowly! Other answer: You invest it, convert it, break it up into little pieces, turn it into something it isn’t, and so on.

          Or, you could just put that million you found in the woods in your closet for a rainy day. But for heaven’s sake, don’t spend it all in one place!

…. and Disadvantages

Large amounts of cash are difficult to handle. Milliions of dollars in cash present a logistical problem in concealment if kept on business premises. They present as well opportunities for theft by employees, associates, and contractors. Lack of records makes it difficult to protect cash — if you do not have verified records, you cannot accuse someone of stealing a given amount of cash.

          Finally, many assets cannot be acquired for cash without generating inquiries as to the source of the cash. Two examples: restaurant furnishings are very expensive, especially when one begins installing ovens, cooking vats, and walk-in freezers. The vendors would certainly be curious and not a little intimidated if the restaurateur (Guido the Laundry Man) paid hundreds of thousands in cash for these appliances. Now think over the horizon: Those vendors would be faced with having to deposit that cash in their bank accounts!

          Another example is airline tickets. Next time you buy airline tickets costing a couple of thousand — or even several hundred dollars — try paying cash for them. See if you don’t encounter a little delay while you answer questions to people carrying badges.

          And do not mention my name. I disavow all knowledge of you and your behavior.

Next time: What a tangled web we weave….