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What is "Money Laundering" and how do fraudsters do it?

What is money laundering and how do fraudsters do it?

 


The word 'money laundering' has created a tremendous political furore in India. In India, money laundering is popularly known as hawala transaction. It was most popular in India during the 1990s when the names of many politicians came out in it.

 

Money laundering refers to the conversion of black money earned illegally into money earned in a legitimate way. Money laundering is a way to hide money illegally earned. Through money laundering, money is invested in such activities or investments that even the investigating agencies are unable to locate the main source of the money. A person who makes money in this way is called a launderer. In money laundering, black money earned through illegal means comes back to its rightful owner in the form of valid currency.

 

The process of laundering money involves three stages.

 

1. Placement

Under this first phase is the arrival of cash in the market. In this, the launderer deposits the money illegally earned in financial institutions such as banks or other types of formal or informal financial institutions.

 

2. Layering

Layering the second stage in money laundering is related to hiding money. In this, the launderer hides his real income by making a mess in the book of accounting and making other suspicious transactions. The launderer deposits the funds in investment instruments such as bonds, stocks, and traveller's checks or in his bank accounts abroad. This account is often opened in banks of countries which do not have strict law of money laundering.

 

3. Integration

This is the last step of the money laundering process. Through this process, the money sent out or spent in the country comes back to the launderer in the form of money. Such money often comes back through investing in a company, buying real estate, buying luxury goods etc.

 

There can be many ways to do money laundering, one of which is the most important to create a fake company which are also called shell companies. Shell companies are a company like a real company but do not actually have any assets nor do they have any real-time production work or any kind of business. In fact, these shell companies exist only on paper and do not exist in the real world. The launderer shows large transactions in the balance sheets of these companies. He takes a loan in the name of the company, takes tax exemption from the government, does not fill the income tax returns and through all these fake works he collects a lot of black money. If a third party wants to examine the financial records, then the third party is shown false and fabricated documents to confuse the investigation as to the source and location of the funds.

 

Other methods of money laundering include buying a big house, shop or mall but showing its priceless on paper when the actual market price of that purchased property is much higher, this is done so that you have to reduce it. Thus black money is also raised through tax evasion. In another way, money laundering is done when the launderer deposits his money in banks of many countries where the government of any other country does not have the right to check his account. The biggest example of this is the Swiss Bank of Switzerland, where a large number of Indians have black money deposited by money laundering.

 

The Money Laundering Act in India was enacted in 2002, but it has been amended 3 times in 2005, 2009 and 2012. The last amendment of 2012 was approved by the President on January 3, 2013, and this law has come into force from February 15, 2013. The PMLA (Amendment) Act, 2012 has included concealment of funds, acquisition possession and use of funds in criminal activities etc. in the list of crimes. The Prevention of Money Laundering Act, 2002 (PMLA Act), 2002 brought the RBI, SEBI and Insurance Regulatory and Development Authority (IRDA) under the PMLA Act and hence the provisions of this Act are applicable to all financial institutions, all private and public banks, mutual Applies to funds, insurance companies and their financial intermediaries.


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