HV 8079 .M64 P7 1993D Guide-Eng
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This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. CRIME and ETECTION 1111 Reference Guide Workbook Case Study HV 8079 .M64 P7 1993d Guide Solicitor General Canada I Solliciteur général Canada Canad'a • • 0 • CRIME 11110 DETECT1011 Proceeds of Crime Reference Guide ..---.--•—........—..—.—... —.., . - --........--.-- %.^. 1 .,, ; C:-..A..1011,---,ne 4L.Qtral \ 0 5..- , 2 (.111 \ • i orrAtKA p0) O • • The following training program, which includes a reference guide, a video, and a stu- dent workbook with a case study, is intended to assist police forces in developing the skills of police officers and investigators in the area of proceeds of crime investigation. These materials are not intended to supplant the discretion and judgement of the police forces in any proceeds of crime investigation. These materials are in no way meant to be comprehensive or to be taken as legal ad- vice. If you are in doubt as to the proper procedure, seek legal advice. Further, the views expressed in these materials are those of Bindernagel-Ross New Media and do not necessarily reflect the views of the Government of Canada. • • • Copyright CD 1993 Bindernagel-Ross New Media All rights reserved. It is illegal to reproduce any portion of this book except by special arrangement with the publisher. Repro- duction of this material without authorization by any duplication process whatsoever is a violation of copy- right. Every effort has been made to determine and locate copyright owners. In the case of any ommissions, the publisher will be pleased to make suitable acknowledgements in future editions. Bindemagel-Ross New Media 306, 2000 Weston Road Weston, Ontario M9N 1X3 • Crime 0 Detection "Proceeds of Crime" Chapter I • Money Laundering Table of Contents SECTION 1 Introduction 6 Chapter 1 - Money Laundering 9 What Is Money Laundering? 11 Money Laundering - The Techniques 21 The Load 25 The Wash 35 The Dry 38 Moving Money 39 Social Mores 40 Chapter 2 - Secrecy Havens 41 On Law Enforcement and Foreign Banks 47 Chapter 3 - The Canadian Banking System and Financial Transactions and Records 49 The Canadian Financial System 51 Account Records 56 Over the Counter Services 62 Investment Services 64 Lending Services and Mortgages 66 Safety Depo,sit Boxes 67 Double Entry Accounting 68 Chapter 4 - Financial Investigation and Public Information Systems 69 Pathfinding 73 Where to Apply for Information on Corporations 74 Chapter 5 - Financial Investigation Techniques 77 Audit Trails 79 Investigating a Bank Statement 79 Investigating a Bank Account Passbook 85 Investigating a Cheque 88 Investigating a Deposit 98 Investigating a Proof Tape 105 Investigating a Cheque on Deposit 107 Investigating a Wire Transfer 109 Investigating a Money Order/Draft Purchase 112 Investigating a Client Profile 115 Investigating Foreign Exchange 116 Currency Source Declarations 116 Summary 117 Chapter 6 - Financial Investigation Summary and Analysis 121 Source and Use of Funds 123 Net Worth Analysis 148 Appendix A: Lecture Scene Transcript 151 Appendix B: Summaries of Records 173 Glossary 179 Endnotes 181 SECTION 2 • Workbook W1 SECTION 3 Case Study Cl Crime 0 Detection "Proceeds of Crime" Introduction Introduction Crime and Detection is a Police Education Program developed for the Federal Ivfmistry of the Solicitor General of Canada to develop the skills of police officers and investigators in the area of proceeds of crime investigation. The purpose of the training program is to build upon the criminal investiga- tion skills and applied experience the student investigator already possesses. It introduces a relatively new and potent method of law enforcement that targets criminal enterprises through the identification and demonstration of the profits or assets obtained through the criminal activity. The application of proceeds of crime enforcement has been particularly well-demonstrated by the Royal Canadian Mounted Police against narcotic trafficking organizations in Canada and has been an effective law enforcement measure by United States law enforcement agencies in their war against drugs. This program has been developed with the assistance and cooperation of expert sources including the Royal Canadian Mounted Police, Metropolitan Toronto Police, Ontario Provincial Police, Investigative Accounting Group of Ernst & Young Public Security of Canada, and Mr. Charles Intriago, an inter- nationally renowned expert on the topic of money laundering. The Canadian banlcing industry and specifically the Royal Bank of Canada has been extremely helpful in the development of this training package. VVithout the support and cooperation received from the Royal Bank of Canada, the creation of this training program would not have been possible. Throughout this course and the case study, several references and illustra- tions of financial records relating to a fictional money laundering case have been presented to assist the investigator with interpreting realistic and accurate evidence during an investigation. The requirement to present the investigator student with accurate records has been critical to achieve the learning objectives of this training program. In doing so, nearly every major Canadian fmancial institution has been represented in this investigation in order to demonstrate the fluency with which transactions can be structured by launderers. We do not imply or target any specific financial institution as being espe- cially vulnerable or susceptible to laundering activity, nor do we intend to suggest that any of the financial institutions has been victimized by a launderer. 6 Crime o Detection "Proceeds of Crime" Introduction The training is broken down into the following sections: Moneg Laimdenng In this section you will learn: • The definition of money laundering. • The motivations and techniques criminals use to launder money. • Why identification of money laundering can be difficult, and what steps the financial industry has taken to prevent themselves from being used by money launderers. Financial Insbtubon Records In this section you will learn: • The structure and organiz.ation of the Canadian banlçing and trust industry. • The methods of domestic and international financial transactions. • Record-keeping practices for financial transactions. Financial Invesbgabon Techniques In this section you will learn: • The principles and techniques of fmancial (forensic accounting) investiga- tion and how it applies to a proceeds of crime investigation. • What an audit trail is. • What records make up an audit trail and where to find them. • How to analyse evidenc,e and determine further financial investigative steps. • How fmancial transactions can be used in intelligence gathering. • About financial investigation summaries such as a Source and Use of Funds analysis and a Net Worth analysis, and how to prepare them for court. • You will be introduced to Proceeds of Crime investigation. Case Study In this section you will learn; • How the knowledge presented in the workbook applies to a proceeds of • crime investigation. 1 Cnme 0 Detection "Proceeds of Crime" Introduction • How the example of the proceeds of crime investigation dramatized in the video was conducted. • The difficulties and challenges that may be experienced during an investiga- tion. • How to use the evidence'gathered from this investigation to complete certain elements of the investigation yourself. In this section, you will practice: Document investigation techniques. Interpreting and analysing actual evidence from the investigation. Preparing a Source and Use of Funds Worksheet. This training package is designed to be a self-paced, self-study learning and reference material which includes a reference guide, a video case study, a print case study, and reproductions of key evidence from the video. The suggested study pattern for this course is: 1 Read through Chapters 1 through 6 of the reference guide. 2 Read the Case Study introduction. 3 Start the Case Study by watching the video (approximately 60 minutes). 4 As you watch the video, refer to the evidence sections (especially Appendix A and Chapter 6) of your workbook to get a closer view and understanding of the evidence