Two experts at payments advisory firm, RedCompass Labs, recently made some comments on payments and financial crime that might work for any 2023 review/2024 predictions articles that you may be working on. Read on to view a summary with the inclusion of the full commentary.
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The European Banking Authority (EBA) has published its third Report on the functioning of anti-money laundering and countering the financing of terrorism (AML/CFT) colleges. The Report finds that competent authorities had taken important steps to improve the functioning of AML/CFT colleges. Nevertheless, many colleges had not reached full maturity. The Report highlights good practices that will be useful for competent authorities to further improve the effectiveness of AML/CFT colleges and of supervisory outcomes. Continue reading…

The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, has published its first consultation package under the Markets in CryptoAssets Regulation and invites comments from stakeholders by 20 September 2023. In this first of three consultation packages, ESMA is seeking input on proposed rules for cryptoasset service providers (CASPs), in particular related to their authorisation, identification and management of conflicts of interests and also how CASPs should address complaints. Continue reading…

The Swiss Financial Market Supervisory Authority (FINMA) has on 24 August published guidance on the money laundering risk analysis. By doing so, it is creating transparency about its observations and experiences gained from supervisory practice in this area. FINMA has repeatedly identified shortcomings in the area of the money laundering risk analysis during on-site supervisory reviews. This prompted it to conduct an in-depth review of the money laundering risk analyses of more than thirty banks in spring 2023.

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The High Court has ruled in favour of the FCA against Robin Forster, the director of a company which took £57 million from 380 investors in an illegal care home investment scheme. The FCA will ask the Court to determine the sums that the defendants should be required to pay back to investors. Between 2016 and 2020, Qualia Care Properties Ltd and Qualia Care Developments Ltd offered investments in care homes run by a third company, Qualia Care Limited.

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Eurojust and Europol have supported the competent authorities in Italy, Germany and Austria in a new operation against the ‘Ndrangheta criminal organisation. Among other crimes, the suspects were allegedly involved in the manipulation of elections in Italy. During a joint action day on 27 June, 34 suspects were arrested and nine were subjected to non-custodial measures. Over 1 000 officers participated in the actions on the ground. The investigation determined that the suspects had engaged in a wide variety of crimes, including the corruption of local politicians and the manipulation of elections, installing associates in crucial administrative positions, colluding in the exploitation of public procurement tender procedures, murder, violence, extortion, fraud, money laundering, illicit waste trafficking and criminal conspiracy with other criminal organisations.

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The BIS Innovation Hub’s Nordic Centre has successfully concluded Project Aurora, a proof of concept that explores new ways of combating money laundering with a combination of payments data, privacy-enhancing technologies, artificial intelligence (AI) and enhanced cooperation across institutions and borders. According to the Financial Action Task Force (FATF), almost all large money laundering schemes are cross-border and involve different business sectors. Meanwhile, financial institutions often face limitations in detecting potential suspicious networks and transactions due to their reliance on fragmented data and systems. Continue reading…

A few weeks ago, the Commission adopted a Recommendation on how to combat commercial scale online piracy of sports and other live events, such as concerts and theatre performances. It encourages Member States, national authorities, holders of rights and providers of intermediary services to take effective, balanced and appropriate measures to fight unauthorised retransmissions of such streamings, in full compliance with fundamental rights and personal data protection rules. By stepping up the fight against online piracy, the Recommendation will contribute to strengthening the competitiveness of the EU sport and creative industries.
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Eurojust has supported the authorities in the Netherlands and Finland with a coordinated operation against dividend fraud and tax evasion. During an action day, two suspects were arrested in the Netherlands and Finland, who are allegedly involved in so-called ‘Cum-Cum’ and ‘Cum-Ex’ fraud. Eurojust assisted with organising the action day and helped set up a joint investigation team (JIT) between Finland, the Netherlands and Germany. Continue reading…

The European Commission has updated the list of high-risk third-country jurisdictions presenting strategic deficiencies in their anti-money laundering/countering the financing of terrorism (AML/CFT) regimes. Two third-country jurisdictions were added to it: Nigeria and South Africa, while two other jurisdictions were delisted: Cambodia and Morocco. This list takes into account the information from the Financial Action Task Force (FATF) and the changes decided at the last FATF Plenary of February 2023 in the list of ‘Jurisdictions under Increased Monitoring’ (‘grey list’). Considering the level of financial systems’ integration, the Single Market would be exposed to serious risks of money laundering and terrorist financing if the EU were not to consider adding jurisdictions identified by the FATF to the EU list. Continue reading…