Acquisitive crime, we are told, is increasing
exponentially. Money laundering and fraud are government targets
as never before. A hardline approach will make life tough for
the criminal. Financial and other assets will be seized, criminals
put behind bars. The rhetoric is powerful. The delivery less
so. In the past year, just £96m was confiscated from
criminals. A scant reward for a government investment of £400m
(the amount spent setting up the Serious Organised Crime Agency)
and a private sector investment, over the past five years,
of £1bn.
Seizure of criminal assets - which are
estimated at £5.5bn - is impeded by a flawed system with
bottlenecks at every stage. These are now being targeted by
Sir Stephen Lander, former head of MI5 and the chairman of
Soca. Sir Stephen has his work cut out.
The intelligence system that is designed
to spot criminals and terrorists when they move or handle their
assets presents the first challenge. The financial community
is obliged by the Terrorism Act and the Proceeds of Crime Act
2002 to watch out for anomalous movements of money or suspicious
activities by individuals. Banks have invested in screening
systems and training. But the volume of transactions that pass
through large institutions vitiates meaningful scrutiny. Small
amounts handled by terrorists, in particular, slip through
a net designed to spot large, suspicious movements.
So, instead of the suspicion that alerts
authorities to a crime, banks use blacklists of known criminals
or terrorists. They will also respond to alerts from law enforcement
agencies about a criminal on the loose or a country known to
be harbouring terrorists. Retrospective action is more likely
to deliver evidence for a prosecution than nip a crime or terrorist
act in the bud.
This does not inhibit banks from reporting
suspicious behaviour. They are advised to report more rather
than less, as they will pay a heavy price in reputation and
fines later on if one slips through their net. These suspicious
activity reports (SARs) are tested against databases held by
other government departments. Recurrence of names or forms
of criminality help predict a criminal's behaviour.
Political pressure, concern about terrorism
and changes in the law have resulted in a mushrooming of suspicious
reporting. The number has risen from 15,000 five years ago
to about 250,000 today. Police systems for handling the reports,
let alone acting upon the information, buckled under their
weight and banks started to protest that their reports were
going unheeded. Worse, an inefficient system of consent meant
that banks were losing business and customer confidence.
This occurred because banks must wait for
police to allow them to handle the affairs of a customer who
has been reported to the police. Police are supposed to take
a maximum of a week responding to the report by producing the
legal consent form. They frequently took longer. Restless customers
wanted a response from the bank but the bank was barred from
telling the truth in case the customer was alerted. Complaints
reached such a pitch that the government axed the responsible
agency, the National Criminal Intelligence Service, and subsumed
its responsibilities inside Soca in April. Soca has reduced
the average waiting time for "consents" to two days by adding
staff and computing power. It has also sought to placate the
financial community by bringing them closer to the SARs process.
Two committees composed of UK bankers have been created to
meet Soca staff and hear how the SARs investigations are going.
Improvements in the systems are raising
morale in the financial community. But the political demand
for a higher return on their investment in anti-money laundering
services has yet to be met. Sir Stephen must collect an annual £250m
of seized criminal goods in three years if he is to meet a
target set by Tony Blair, prime minister.
This presents a formidable challenge, not
just to Soca, but to police and customs officials. They use
the SAR to investigate and seize criminal assets. But these
are complex investigations demanding considerable financial
literacy and police competence to handle them is questionable.
Police win more brownie points by bringing violent criminals
to book than finding the white collar criminal and his money.
For long-term recovery of criminal assets,
organisational change will not be sufficient. Culture must
also advance if the police service is to push back the acquisitive
crime wave that threatens to engulf us. |