COUNTERING THREAT FINANCING SINCE 9/11: EVALUATING FINANCIAL ENFORCEMENT UNDER THE USA PATRIOT ACT NICOLAS M. CARDILLO A Thesis Submitted to the Faculty of Mercyhurst University In Partial Fulfillment of the Requirements for The Degree of MASTER OF SCIENCE IN APPLIED INTELLIGENCE INSTITUTE FOR INTELLIGENCE STUDIES MERCYHURST UNIVERSITY ERIE, PENNSYLVANIA DECEMBER 2013 INSTITUTE FOR INTELLIGENCE STUDIES MERCYHURST UNIVERSITY ERIE, PENNSYLVANIA COUNTERING THREAT FINANCING SINCE 9/11: EVALUATING FINANCIAL ENFORCEMENT UNDER THE USA PATRIOT ACT A Thesis Submitted to the Faculty of Mercyhurst University In Partial Fulfillment of the Requirements for The Degree of MASTER OF SCIENCE IN APPLIED INTELLIGENCE Submitted By: NICOLAS M. CARDILLO Certificate of Approval: ___________________________________ William J. Welch, M.S. Department of Intelligence Studies ___________________________________ Orlandrew Danzell, Ph.D. Department of Intelligence Studies ___________________________________ Phillip J. Belfiore, Ph.D. Vice President Office of Academic Affairs December 2013 Copyright © 2013 by Nicolas M. Cardillo All rights reserved. iii DEDICATION This work is dedicated to my wife, Deborah, and our children, Chloe and Gavin. This would not have been possible without your love, support, and encouragement during the completion of this paper as well as the years of coursework that preceded it. iv ACKNOWLEDGEMENTS I would like to thank Bill Welch for agreeing to be my primary reader. His dedication, guidance, and mentorship was critical to the completion of this study. Moreover, his flexibility and responsiveness given my status as an online, part-time student in the Masters’ program was more than I could have asked for. I would also like to thank Dawn Wozneak for her guidance and support during the thesis seminar, which empowered me with the knowledge, tools, and confidence to successfully complete this study. Her patience was critical as my research topic and question evolved. Finally, I would like to thank all of my professors and classmates that I had the privilege to meet, either in person or online. The conversations, debates, and shared experiences contributed to a very fulfilling program. v ABSTRACT OF THE THESIS Countering Threat Financing Since 9/11: Evaluating Financial Enforcement Under the USA PATRIOT Act By Nicolas M. Cardillo Master of Science in Applied Intelligence Mercyhurst University, 2014 Professor William Welch Whether large or small, all threats to US national security require some level of financial support, whether overt or covert, direct or indirect. This study seeks to address a significant gap in the academic literature regarding the enforcement of Section 311 of the USA PATRIOT Act to defend national security. In total, the study reviews and evaluates all 17 cases where the US Department of the Treasury has proposed or implemented special measures against financial institutions or geographic jurisdictions of primary money laundering concern since 2001. The study leverages a qualitative content analysis and case study approach to explain when, where, and why Treasury took special measures under Section 311 based on official government documents and press releases as well as public news sources. The study revealed that terrorism was identified as a primary factor in Treasury’s decision to apply Section 311 in only 35% of the cases despite the fact the USA PATRIOT Act was passed in response to the terrorist attacks of 9/11. The study also vi found that while Treasury proposed special measures in 94% of the cases, it only implemented the proposed special measures in 29% of the cases as many US banks took proactive action to cease banking activity with the targeted institution or jurisdiction. Finally, the study found that Section 311 was applied to small to medium-sized banks in countries on the periphery of international commerce so as not to wreak havoc on the international payment and clearance system. vii TABLE OF CONTENTS Page TABLE OF CONTENTS……………………………………………………… viii LIST OF TABLES…………………………………………………………….. xi LIST OF FIGURES…………………………………………………………..... xii LIST OF ABBREVIATIONS……………………………………………......... xiii CHAPTER 1: INTRODUCTION………………………………………………. 1 Introduction to the Problem…………………………………………….. 1 Background of the Problem ……………………………………………. 3 Statement of the Problem……………………………………………..... 7 Purpose of the Study………………………………………................... 8 Research Questions……………………………………………………... 8 Definitions of Terms…………………………….……………………… 9 Nature of the Study……………………………………………………... 12 Relevance and Significance of the Study……………………………….. 12 Assumptions and Limitations………………………………...…………. 13 Organization of the Study………………………………………….…… 14 CHAPTER 2: LITERATURE REVIEW……………………………………….. 16 Introduction to the Literature Review…………………………………... 16 Theoretical Framework…………………………………………………. 17 Review of the Research Literature……………………………………… 20 Review of the Methodological Literature………………………………. 41 viii Chapter 2 Summary…………………………………………………….. 42 CHAPTER 3: METHODOLOGY……………………………………………… 44 Introduction……………………………………………………………... 44 Research Design………………………………………………………… 44 Selection of Cases……………………………………………………… 45 Data Collection…………………………………..……………………... 46 Data Analysis Procedures………………………………………….…… 48 Limitations of the Research Design………………………………..…… 49 Credibility…………………………………….………………………… 49 Transferability……………………………………………………..….… 50 Ethical Issues…………………………………………………………… 51 Chapter 3 Summary…………………………………………………..… 51 CHAPTER 4: RESULTS……………………………………………………..… 52 Introduction……………………………………………………………... 52 Data and Analysis………………………………………………………. 52 Chapter 4 Summary…………………………………………………….. 108 CHAPTER 5: CONCLUSIONS………………………………………………... 109 Introduction……………………………………………………………... 109 Summary of the Study………………………………………………….. 109 Discussion of the Findings……………………………………………… 109 Implications for Practice………………………………………………... 115 Recommendations for Further Research………………………………... 117 Conclusions……………………………………………………………... 119 ix REFERENCES………………………………………………………………...... 120 x LIST OF TABLES Page Table 1.1 Anti-Money Laundering Laws 5 Table 2.1 Section 311 Special Measures 37 Table 3.1 Key Word Searches 47 Table 4.1 Threats Targeted by Section 311 97 Table 4.2 Section 311 Rulemaking Overview 100 Table 4.3 Countries Targeted by Section 311 103 Table 4.4 Overview of Proposed Special Measures 105 Table 4.5 Section 311 Considerations 107 xi LIST OF FIGURES Page Figure 2.1 Hezbollah Cigarette Smuggling Operation 23 Figure 2.2 Traditional Hawala Transaction Overview 25 Figure 4.1 How Liberty Reserve Operates 74 xii LIST OF ABBREVIATIONS AEOI Atomic Energy Organization of Iran AML Anti-Money Laundering BSA Bank Secrecy Act CBS Commercial Bank of Syria CIA Central Intelligence Agency CISADA Comprehensive Iran Sanctions, Accountability, and Divestment CTR Currency Transaction Report CTF Counter Threat Finance DOD Department of Defense DPRK Democratic People’s Republic of Korea EDBI Export Development Bank of Iran FATF Financial Action Task Force FBI Federal Bureau of Investigation FINCEN Financial Crimes Enforcement Network FININT Financial Intelligence FIU Financial Intelligence Unit FKTK Latvian Finance and Capital Market Commission FMB First Merchant Bank GEOINT Geospatial Intelligence GAO Government Accountability Office HLF Holy Land Foundation for Relief and Development xiii HUMINT Human Intelligence IC Intelligence Community IMF International Monetary Fund IRGC-QF Islamic Revolutionary Guard Corps - Qods Force IRISL Islamic Republic of Iran Shipping Lines IVTS Informal Value Transfer System KYC Know Your Customer LCB Lebanese Canadian Bank MSB Money Services Business NCCT Non-Cooperative Country and Territory NGA National Geospatial-Intelligence Agency NGO Nongovernmental Organization NPRM Notice of Proposed Rulemaking NSA National Security Agency OFAC Office of Foreign Assets Control PIJ Palestinian Islamic Jihad SAR Suspicious Activity Report SDNT Specially Designated Narcotics Trafficker SIGINT Signals Intelligence SLCB Syrian Lebanese Commercial Bank TRNC Turkish Republic of Northern Cyprus UK United Kingdom UN United Nations xiv US United States WMD Weapons of Mass Destruction xv 1 INTRODUCTION Introduction to the Problem Every day, trillions of dollars exchange hands around the world. From international stock markets to local grocery stores, wealth is transferred between people and institutions via physical and digital currencies. These transactions vary in shape and size and occur in person, on mobile phones, and in cyberspace. Used for everything from buying a loaf of bread to funding cancer research to waging war, money and wealth serve as a critical foundation for the global economy. And within the billions of legitimate financial transactions, individuals and organizations with intentions to undermine US national security seek to hide among the noise. For hundreds of years, the United States (US) has faced continuous and ever- evolving threats to its national security. From the attempted secession of the Confederate States during the American Civil War to the Japanese bombing of Pearl Harbor and the nuclear arms race during the Cold War to the many attacks from international terrorist organizations, all of the threats share one common characteristic – money. Whether large or small, no threat could have existed without some level of financial support, whether overt or covert, direct or indirect. Despite boasting the largest economy and leading the world in military spending in 2001 (World Bank, n.d.), the terrorist