Enterprising Criminals Europe’S Fight Against the Global Networks of Financial and Economic Crime 2 03 04 Foreword Key Findings 05 07
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EFECC European Financial and Economic Crime Centre Enterprising criminals Europe’s fight against the global networks of financial and economic crime 2 03 04 Foreword Key findings 05 07 Setting the (crime) scene What is happening today that may impact the economic and financial crimes of tomorrow? › Technology drives change in behaviours › Economic downturns create opportunities for crime › Corruption 09 11 Intellectual property Fraud crime: counterfeit and › Tax Fraud substandard goods 16 19 Money laundering A European response - › Money laundering techniques The European Financial and Economic Crime Centre at Europol 3 Foreword CATHERINE DE BOLLE Executive Director, Europol The fallout from the COVID-19 pandemic has weakened our economy and created new vulnerabilities from which crime can emerge. Economic and financial crime, such as various types of fraud, money laundering, intellectual property crime, and currency counterfeiting, is particularly threatening during times of economic crisis. Unfortunately, this is also when they become most prevalent. The European Economic and Financial Crime Centre (EFECC) at Europol will strengthen Europol’s ability to support Member States’ and partner countries’ law enforcement authorities in fighting the criminals seeking to profit from economic hardship. EFECC will serve as a platform and toolbox for financial investigators across Europe. We look forward to making lasting partnerships with them and fighting economic and financial crime together. 4 COMPANY Key findings A 1 2 » Money laundering and criminal finances are the engines of organised crime. ithout them criminals would not be able to make use of the illicit profits from their various serious and organised crime activities in the EU. Various fraud schemes To effectively disrupt and deter criminals are among the » involved in serious and organised crime law fastest-growing criminal enforcement authorities need to follow the threats in Europe. Fraud money trail as a regular part of their criminal targets private citiens investigations with the obective of seiing small and medium criminal profits. enterprises global corporations and critical infrastructure. During the COVID-19 pandemic various types of online fraud have been among the most » Throughout the COVID-19 pandemic visible criminal activities. organised crime groups (OCs) involved in the production and distribution of counterfeit goods have once again proven highly adaptable in terms of shifting product focus marketing and packaging. » Missing trader intra-community (MTIC) fraud is the most commonly encountered type of value added tax (VAT) fraud in the EU. Countries This report has been prepared to complement the applying high VAT rates on specific goods or services are more likely to launch of the European Financial and Economic Crime be targeted by MTIC fraudsters. Centre (EFECC) at Europol in June 2020. The document ased on studies and cases provides an overview of the most threatening phenomena supported at EU level Europol estimates between 40 to 60 in the area of economic and financial crime including billion1 is lost annually to MTIC various types of fraud, the production and distribution of fraud schemes taking place in the 2 counterfeit goods, money laundering and others. EU . 1 Europol 2018, MTIC fraud investigation and LEA’s cooperation improving, accessible at https://www.europol.europa.eu/publications-documents/mtic-fraud-investigation-and-leas-cooperation-improving 2 EU Commission 2018, The concept of the Tax Gap, accessible at https://ec.europa.eu/taxation_customs /news/vat-gap-report_en - accessed at 01/06/2020. 5 COMPANY Setting the (crime) scene A Economic and financial crimes are not and prosecution with potentially very high » Money laundering and criminal victimless profits. This dynamic makes these criminal finances are the engines of organised activities very attractive to organised crime. Economic and financial crimes are a highly crime. ithout them criminals would The complexity of these crimes and the complex, significant threat that affects not be able to make use of the illicit sophisticated expertise necessary to carry millions of citizens and thousands of profits from their various serious and them out have always made them difficult to companies in the EU every year. These crimes organised crime activities in the EU. detect and investigate. However, technical undermine our economy and financial sector, innovation and the digitalisation of financial which deprives us of prosperity, economic transactions have presented additional growth and employment. Although indirect, challenges for law enforcement authorities. the impact these crimes have on society Many of these crimes are now even less Various fraud schemes cannot be underestimated. visible than before and more challenging to To effectively disrupt and deter criminals are among the » investigate. involved in serious and organised crime law Financial and economic crimes encompass fastest-growing criminal enforcement authorities need to follow the a range of different criminal activities, from threats in Europe. Fraud Fraud schemes too often remain undetected. money trail as a regular part of their criminal simple fraud to large-scale sophisticated targets private citiens Successful law enforcement actions investigations with the obective of seiing financial schemes, often combining licit small and medium against these complex schemes require criminal profits. and illicit financial transactions. This mix of enterprises global close international cooperation across legal and illegal often makes it challenging corporations and critical several jurisdictions, often involving non- for law enforcement to investigate the true infrastructure. During the cooperative offshore tax havens, as criminals extent of these illegal activities. By exploiting COVID-19 pandemic various operate without regard for international legal financial systems, criminals are able to types of online fraud have borders. Organised crime groups (OCGs) launder criminal money and strengthen their been among the most » Throughout the COVID-19 pandemic operating internationally benefit from criminal operations. visible criminal activities. organised crime groups (OCs) involved in the differences in national legislation. Individual production and distribution of counterfeit and organisational vulnerabilities such as Economic crimes, such as the counterfeiting goods have once again proven highly insufficient awareness on the part of victims of goods, erode trust in legal businesses and adaptable in terms of shifting product and low risk perception by criminals are put the health and safety of consumers in the 3 focus marketing and packaging. enabling factors for most types of fraud . EU at risk. » Missing trader intra-community There is increased awareness that certain (MTIC) fraud is the most commonly Despite all measures taken to combat acts within the financial sector that encountered type of value added economic and financial crimes, opportunities were once considered to be merely poor tax (VAT) fraud in the EU. Countries for these types of crimes have increased business practice may in fact have been applying high VAT rates on specific as the market for legal financial services criminal. Widespread reckless investment, goods or services are more likely to has diversified and technology continues to misrepresentation of financial statements and be targeted by MTIC fraudsters. change the way and speed of how financial conspiring to manipulate inter-bank interest ased on studies and cases transactions occur. rates fall within the definition of serious and supported at EU level Europol organised crime. The huge losses associated estimates between 40 to 60 Low risk, high profit with high-level financial fraud undermine 1 billion is lost annually to MTIC social security systems and destabilise Economic and financial crime currently fraud schemes taking place in the economies. EU2. offers a relatively low risk of discovery 3 Europol 2017, European Union Serious and Organised Crime Threat Assessment (EU SOCTA), accessible at https://www. europol.europa.eu/socta-report 6 The number of fraud schemes targeting individuals, companies and the public sector is increasing. The COVID-19 pandemic in Europe has provided ample evidence that criminals are quick to adapt these schemes to changing conditions in order to exploit fears and vulnerabilities. The fallout from the COVID-19 pandemic will test the resilience of our economic and social infrastructure for years to come. Law enforcement authorities across Europe must prepare themselves to counter an increasing number of cases involving economic and financial crime. 7 What is happening today that may impact the economic and financial crimes of tomorrow? Technology drives change in engagement has risen by 50% since the behaviours end of 2019. The COVID-19 pandemic and the steps taken to combat it are likely to Customers are changing their financial accelerate the move to digital and/or fintech behaviour and the tools with which they solutions4. access and manage their finances. Financial technology (fintech) solutions are now emerging as the standard way for consumers to interact with financial service providers. Altogether, 58% of customers banking in the EU now regularly use digital online solutions 58% 1 4 such as websites or applications to carry out transactions. While this has represented a leap in usability and accessibility of financial 25% services for customers and financial