Pubdate: Wed, 18 Jul 2012
Source: Santa Monica Daily Press (CA)
Copyright: 2012 Santa Monica Daily Press
Contact:  http://www.smdp.com
Details: http://www.mapinc.org/media/4159
Authors: Rafael Espada and Raymond Baker
Note: Dr. Rafael Espada recently completed a four-year term as vice 
president of Guatemala. Raymond Baker, the author of "Capitalism's 
Achilles Heel: Dirty Money and How to Renew the Free-Market System," 
is the director of Global Financial Integrity, a research and 
advocacy organization in Washington, D.C.

TIME TO TACKLE MONEY BEHIND LATIN AMERICAN DRUG CARTELS

Several Latin American leaders have proposed legalizing aspects of 
the drug trade in recent months, clearly acknowledging that the 
current strategy in the war on drugs is not working.

They are correct in highlighting the flaws in the traditional 
approach to battling illicit narcotics, but do we really need to wave 
the white flag? Or do alternative approaches still exist to curtail 
the illicit drug trade?

The United Nations Office on Drugs and Crime in Vienna estimates that 
globally more than 40 percent of cocaine is seized somewhere between 
production and consumption. It also estimates, however, that less 
than one half of one percent of laundered criminal money is 
interdicted worldwide. For too long, the focus of the Drug 
Enforcement Administration and other law enforcement bodies has been 
on drug busts, while remarkably little has been done to curtail the 
money financing these illicit operations. We've been battling the 
symptoms without truly addressing the underlying cause.

Curtail the money behind drug smuggling and we will curtail the crime itself.

The United States has already proven its ability to quickly and 
decisively tackle illicit financing when it puts its mind to it. 
After Sept. 11, 2001, the USA Patriot Act included considerably 
strengthened anti-money laundering legislation, for example, banning 
shell banks - and any banks doing business with shell banks - from 
operating within the U.S. financial system.

This and other measures made it more difficult for terrorist 
financing to circulate in the legitimate financial system, and 
consequentially executing large-scale terrorist attacks has become 
much more difficult.

We can do the same with drug money; it's simply a matter of political will.

Much of the profit realized by drug cartels in the United States 
makes its way back into Mexico as cash dollars where it is then 
smuggled through to Guatemala, El Salvador, and Panama. It 
subsequently gets deposited in local banks which then ship the 
physical U.S. dollars back to the United States. Knowing which local 
branches of these Central American banks accept large cash deposits 
of U.S. currency would be a critical tool for Central American - and 
U.S. - law enforcement as they battle the war on drugs.

It helps track the drug cartels and crack down on their financing.

However, the private, commercial banks currently load the bulk U.S. 
dollar currency onto airplanes and fly the cash directly back to the 
United States usually without informing their own Central Bank or law 
enforcement where they got the money.

Global Financial Integrity and others have proposed requiring 
commercial banks in Central American nations to route these cash 
transfers through their nation's Central Bank, which would then relay 
the money to the destination bank in the United States, thereby 
allowing the nation's Central Bank to track the magnitude of the 
problem and from which banks and branches the money originates.

It's a proposal which has been met with honest consideration in 
Central America but which has not been implemented due to opposition 
from the U.S. government. Why is the U.S. government opposing this 
proposal? Surely the U.S. would benefit significantly from the trove 
of drug cartel financial data that would result from such an arrangement.

Moreover, there are few places in the world where it is easier to 
open an anonymous shell corporation than inside the United States. 
These entities, which can be registered by company formation agents 
possessing sole information as to the real owners, often make it 
impossible for U.S. and foreign law enforcement agencies to track the 
finances of the world's largest drug cartels.

They grant the cartels and other financial criminals impunity through 
anonymity.

The bi-partisan Incorporation Transparency and Law Enforcement 
Assistance Act, which was introduced into the U.S. Senate and House 
of Representatives last fall, would give federal authorities access 
to this ownership information and contribute to ostracizing drug 
cartels from the legitimate financial system.

Still, even when anti-money laundering rules are in place, it's 
extremely important that financial regulators be fully funded and 
provided the resources they need to ensure banks comply with the law. 
Citibank, HSBC, and Wachovia have all been in the news recently for 
allegedly failing to comply with U.S. anti-money laundering 
regulations. Further, a recent study conducted by the U.K. government 
found that three quarters of British banks were not adequately 
complying with anti-money laundering rules.

There is no reason to believe the situation is any different at American banks.

Ever-shrinking budgets for the nation's under-staffed financial 
watchdogs have real consequences: a money laundering Wild West being 
one of them. Congress must ensure that U.S. regulators are 
appropriately budgeted with the necessary resources to perform their 
duties, and the bankers found to be complicit in the laundering of 
money should receive jail time - merely fining financial institutions 
is not enough.

As we did with terrorists a decade ago, the United States has the 
ability to deliver a striking blow to drug smugglers - curtailing the 
money that fuels the entire industry.

Before we consider giving up and legalizing drugs, and instead of 
perpetuating the costly Whack-a-Mole model of drug busts and 
seizures, let's pull the rug out from under the narcotics industry.

We can do it if there is political will.
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MAP posted-by: Jay Bergstrom