The Phenomenon Of Money Laundering As A Field Of Research In Poland


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The Phenomenon Of Money Laundering As A Field Of Research In Poland

  1. 1. 5th Annual Conference of the European Society of Criminology CRACOW 2005 The Phenomenon of Money Laundering As a Field of Research In Poland dr Wojciech Filipkowski Faculty of Law University in Białystok Poland
  2. 2. The process of criminalization of money laundering • The Protection of Economic Turnover Act of 1994 • The Criminal Code of 1997 – Art. 299 • The Criminal Code – changes to Art. 299 provided by the Anti-Money Laundering Act of 2000 2
  3. 3. The anti-money laundering regime – researches • W. Jasiński – bank’s internal regulations (1993 – 1996) • J. W. Wójcik – the awareness of the phenomenon of ML (2001) • E. M. Guzik-Makaruk & W. Filipkowski – anti-ML regime and capital market (2004) 3
  4. 4. The anti-money laundering regime – J. W. Wójcik results • Most of the respondents were not aware of the proper regulations regarding combating money laundering. • People working in banks had better results comparing for ones working in other obliged institutions. • All of them complained that they had not been properly trained and prepared to fulfill such obligations. • The “Know Your Customer” principle was not sufficiently known to personnel in medium and small banks, neither was properly executed. • The compliance officers were aware of the importance of their role in the system, but sometimes they did not know basic regulations regarding their duties. • There were also some human resources and organizational problems. 4
  5. 5. The trends and methods of money laundering - researches • K. Buczkowski & M. Wojtaszek – prosecutors’ & courts’ cases (2001) • Police Academy in Szczytno – Police criminal investigations (2003) • The General Inspector for Financial Information – Annual Report of 2004 • W. Filipkowski – courts’ cases (2005) 5
  6. 6. The Police Academy research • 50/50 - the bank's information / the operational work of law enforcement. • Laundered money derives from the economic crimes. • The criminals launders their dirty money by themselves. • The methods: simple bank operations, blending, transfer pricing, using fake invoices and contracts. • The network of enterprises to move funds between them. • The Smurfs-like activities: opening accounts, making deposits or withdrawing money, buying real estates, sitting at the board of different companies. • The organizers usually don't confess or cooperate. The Smurfs usually pleas guilty. 6
  7. 7. The GIFI – Annual Report of 2004 • The fuel sector of Polish economy – main sources of illegal gains. • The criminals have been abusing the Polish capital market. • Large quantities of money (foreign currencies) have been brought from Ukraine, Russia and Belarus. • Typical methods: blending, fictitious donations or loans, transfer pricing, collecting bank accounts for accumulating and then distributing funds. 7
  8. 8. 2005 E.M.Guzik-Makaruk W. Filipkowski W. Filipkowski 8 GIFI 2004 Police Academy GIFI 2003 ML Researches - timeline in Szczytno J.W.Wójcik K.Buczkowski M.Wojtaszek 2000 Anti-ML Act of 2000 Criminal Code of 1997 The Anti-ML Regime The Phenomenon 1995 W. Jasiński criminalization
  9. 9. Final remarks • A Yeti syndrome • The role of criminologists • Cooperation with public and private sector • A turning point • New challenges 9
  10. 10. Thank You for Your Attention … dr Wojciech Filipkowski 10