Convert black money to white money
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6 ways to convert black money to white money
METHOD 1: MULTI-LEVEL MARKETING SCHEME
A recent trend is to use international debit
or credit cards issued by offshore banks.
This enables easy usage.
or credit cards issued by offshore banks.
This enables easy usage.
STEP 1: A group of individuals float a
multi-level mar. ,keting scheme or
investment scheme promising extraordinary
returns to investors.
multi-level mar. ,keting scheme or
investment scheme promising extraordinary
returns to investors.
STEP 2: Investors deposit cash or
cheques in bank accounts floated by the firm. The firm, in turn, issues them post-dated
cheques.
cheques in bank accounts floated by the firm. The firm, in turn, issues them post-dated
cheques.
STEP 3: The firm transfers the money to personal bank accounts of the promoters.
STEP 4: The promoters wire transfer the money to an offshore bank account in a tax haven.
They wire transfer it again to another offshore bank account, in another tax haven, to widen
the trail.
They wire transfer it again to another offshore bank account, in another tax haven, to widen
the trail.
STEP 5: The offshore bank issues a credit or debit card valid anywhere in the world, which a
promoter can use for transactions.
promoter can use for transactions.
LIVE EXAMPLE:
In 2009, India's Financial Intelligence Unit (FIU) received suspicious transactions report from
banks that a large number of deposits had been made in a few accounts. Further
investigation revealed these accounts had a common permanent account number (PAN),
address and contact numbers, and that it was a multi-level marketing scheme promising
extraordinary returns. As explained above, the firm transferred the money collected to
personal bank accounts of its directors.
banks that a large number of deposits had been made in a few accounts. Further
investigation revealed these accounts had a common permanent account number (PAN),
address and contact numbers, and that it was a multi-level marketing scheme promising
extraordinary returns. As explained above, the firm transferred the money collected to
personal bank accounts of its directors.
Fifteen operators floated 10 firms, which in turn opened 35 bank accounts in 11 different
banks. One operator alone received Rs 130 crore in his accounts over a period of
16 months, and the state police have attached Rs 190 crore of assets in various locations.
banks. One operator alone received Rs 130 crore in his accounts over a period of
16 months, and the state police have attached Rs 190 crore of assets in various locations.
INDICATORS:
Lifestyle beyond known sources of income
Ownership of assets abroad, but not declared in tax returns
Large inter-account transfers with no economic rationale
Cash transactions with unknown persons
Withdrawal of large foreign remittance in cash
METHOD 2: DISGUISED OWNERSHIP
Increasingly, criminals want to own legitimate business. It could be to earn a return or to
convert black money into white. A typical example of how this is done:
convert black money into white. A typical example of how this is done:
STEP 1: Criminal X generates Rs 10 crore in cash from illegal activities in India, and
wants to 'launder' it abroad. He uses the 'hawala' route to transfer the money: he gives
the Rs 10 crore cash to a local hawala operator. The operator, for a fee, arranges to deposit
the sum in an offshore bank account belonging to a company floated by X.
wants to 'launder' it abroad. He uses the 'hawala' route to transfer the money: he gives
the Rs 10 crore cash to a local hawala operator. The operator, for a fee, arranges to deposit
the sum in an offshore bank account belonging to a company floated by X.
STEP 2: The offshore company buys shares in a domestic company promoted by X, that too
at steep valuations
at steep valuations
STEP 3: The domestic company pays a high salary and dividends to X. Black becomes
white, and X can show the money as income.
white, and X can show the money as income.
INDICATORS:
International corporate structure with no visible benefits
Shares of domestic companies sold at higher valuations
Tax returns don't support capital contribution by investors
Large cash holdings
Offshore companies will do business outside the country where it is formed.
Such companies can be run by a nominee director and are often not required to publish
annual accounts.
Such companies can be run by a nominee director and are often not required to publish
annual accounts.
METHOD 3: MIXED SALES
Mixing illicit money sources with legit ones is a popular method because it's hard to
detect, especially if there is a large cash component in the legal business.
detect, especially if there is a large cash component in the legal business.
STEP 1: Illegal money is mixed with actual sales, by depositing in the company's bank
account. The cash deposit will be justified as legitimate business income, say, cash receipts
in restaurant.
account. The cash deposit will be justified as legitimate business income, say, cash receipts
in restaurant.
STEP 2: The company projects the fabricated sales as total income and files an income-tax
return. However, it avoids paying tax on the total income by showing losses in other
business lines or by showing fictitious deductions.
return. However, it avoids paying tax on the total income by showing losses in other
business lines or by showing fictitious deductions.
STEP 3: Black has become white, and promoters can use it to buy assets.
INDICATORS:
Large increase in cash turnover and sales
No commercial reasons for money inflows
Promoter has poor knowledge of business
Transactions don't have supporting documents, and don't fit the company's profile
Costs incurred but no corresponding increase in turnover
METHOD 4: 'SMURFING'
This type of transaction is usually done to evade notice by authorities monitoring transactions
above a certain threshold.
above a certain threshold.
STEP 1: X deposits illegal proceeds into many bank accounts. The amount transferred is
below the threshold level for reporting suspicious transactions. If Rs 10 lakh is the
threshold level, deposits will be for Rs 9 lakh. This is called 'smurfing'.
below the threshold level for reporting suspicious transactions. If Rs 10 lakh is the
threshold level, deposits will be for Rs 9 lakh. This is called 'smurfing'.
STEP 2: The money is transferred from these multiple accounts to an offshore bank account
to take the trail away from the source.
to take the trail away from the source.
STEP 3: A loan agreement is signed between the holder of the offshore bank account and X.
STEP 4: Once he receives the money, X can spend the money to purchase assets.
INDICATORS
Cash received from countries with high level of corruption
Concealed transportation of cash
An occasional high cash transaction
Deposit is made in accounts of 'straw men' or nominees
LIVE EXAMPLE
A suspicious report was raised against a securities market firm that a large number
of cash deposits were made into the company's account and that it was subsequently
transferred to another entity in the same business. It was found that both companies
had a common address and a common person was operating both accounts.
of cash deposits were made into the company's account and that it was subsequently
transferred to another entity in the same business. It was found that both companies
had a common address and a common person was operating both accounts.
FIU found 78 bank accounts related to the two entities where there was a substantial
cash transaction. FIU passed on the information to the Central Board of Direct Taxes (CBDT),
which unearthed an all-India network of money laundering through 236 bank accounts.
The companies were set up by a chartered accountant to conduct share-broking activities,
but many firms were neither brokers nor sub-brokers.
cash transaction. FIU passed on the information to the Central Board of Direct Taxes (CBDT),
which unearthed an all-India network of money laundering through 236 bank accounts.
The companies were set up by a chartered accountant to conduct share-broking activities,
but many firms were neither brokers nor sub-brokers.
The modus operandi was to move cash between different companies, showing non-existent
share trading to claim a speculative loss or gain for customers. Software used by legal
brokers was installed to generate bills so that it looks genuine.
share trading to claim a speculative loss or gain for customers. Software used by legal
brokers was installed to generate bills so that it looks genuine.
METHOD 5: TRADE MISPRICING
Traditionally, goods exported and imported were either priced lower or higher to enable
money laundering. Or, goods exported were different from the description. Below is a
description of an actual case investigated by FIU, which got a suspicious report that a
cab rental firm received Rs 100 crore as advance payment for export obligations that
did not relate to its line of business. The company had also issued cheques of small value
(less than Rs 10,000) to various people.
money laundering. Or, goods exported were different from the description. Below is a
description of an actual case investigated by FIU, which got a suspicious report that a
cab rental firm received Rs 100 crore as advance payment for export obligations that
did not relate to its line of business. The company had also issued cheques of small value
(less than Rs 10,000) to various people.
During investigation, it was found the chairman of the firm had several international bank
cards. Fake invoices to show diamond purchases of Rs 188 crore were also recovered
during the searches. No purchases were made. The company received Rs 300 crore
from buyers in three overseas locations: Singapore, Dubai and Hong Kong.
Interestingly, receivers of export shipments were different from people who sent
advance payments.
cards. Fake invoices to show diamond purchases of Rs 188 crore were also recovered
during the searches. No purchases were made. The company received Rs 300 crore
from buyers in three overseas locations: Singapore, Dubai and Hong Kong.
Interestingly, receivers of export shipments were different from people who sent
advance payments.
With current technology, the Organisation for Economic Cooperation and Development
(OECD) says it's easy to modify invoices or produce fictitious invoices. And corporations
are easy to set up to show that they have received goods.
(OECD) says it's easy to modify invoices or produce fictitious invoices. And corporations
are easy to set up to show that they have received goods.
INDICATORS:
Discrepancies between customs filings and invoices
A country is not known for import and export of goods
Large difference between declared and market value
Payments made by an offshore company
Commission paid to third parties with no supporting documentation
METHOD 6: MONEY TRANSFERS TO BENAMI ENTITIES
This case was outlined by the Karnataka Lokayukta while probing illegal mining in the state.
With demand for iron ore skyrocketing, Eagle Traders & Logistics (ETL), a company owned
by sitting Karnataka MLA B Nagendra, devised an ingenious route to source and export
iron ore illegally through a network of companies.
With demand for iron ore skyrocketing, Eagle Traders & Logistics (ETL), a company owned
by sitting Karnataka MLA B Nagendra, devised an ingenious route to source and export
iron ore illegally through a network of companies.
STEP 1: ETL agrees to source from associates like Swastik Nagaraj and Karapudi Mahesh,
whose job was to illegally mine iron ore from mines. The job of these associates was to
create layers to mask the actual source, for which, they were paid "risk money".
whose job was to illegally mine iron ore from mines. The job of these associates was to
create layers to mask the actual source, for which, they were paid "risk money".
STEP 2: Iron ore sold to exporters, who deposit the money in one of the five bank accounts
of ETL.
of ETL.
STEP 3: ETL transfers money to Swastik and Karapudi. In one of the five ETL bank
accounts alone, there was a combined credit and debit of Rs 649 crore between September
2007 and February 2011.
accounts alone, there was a combined credit and debit of Rs 649 crore between September
2007 and February 2011.
STEP 4: Swastik and Karapudi issue cheques to persons who may be either fake or under
benami names or unregistered dealers of iron ore. These individuals make withdrawals
on the same date, in most cases in denominations of Rs 9 lakh. The same happens on the
credit side.
benami names or unregistered dealers of iron ore. These individuals make withdrawals
on the same date, in most cases in denominations of Rs 9 lakh. The same happens on the
credit side.
The case of Janardhana Reddy-promoted Obulapuram Mining Company:
Tracing black money is a task made difficult by intricacies employed by offenders, as
this case involving Janardhana Reddy-promoted Obulapuram Mining Company (OMC)
documented by the Karnataka Lokayukta shows
this case involving Janardhana Reddy-promoted Obulapuram Mining Company (OMC)
documented by the Karnataka Lokayukta shows
1. UNDER-INVOICING
OMC exports 852,000 tonnes of iron ore at below market price to GLA Trading International,
a Singapore-registered company
a Singapore-registered company
2. FAMILY PLAN
JANARDHANA Reddy is the director of GLA, which is owned by GJR Holdings International,
a company registered in Isle of Man. GJR is, in turn, owned by Interlink Services Group,
which is registered in Virgin Islands. Both Isle of Man and Virgin Islands are tax havens.
GJR refers to Gali Janardhana Reddy and GLA to Gali Lakshmi Aruna, Reddy's wife.
a company registered in Isle of Man. GJR is, in turn, owned by Interlink Services Group,
which is registered in Virgin Islands. Both Isle of Man and Virgin Islands are tax havens.
GJR refers to Gali Janardhana Reddy and GLA to Gali Lakshmi Aruna, Reddy's wife.
3. TAX EVASION
GLA sells iron ore to outside party at market price. It pockets the profit, that too inflated,
instead of Indian entity OMC. It can move the profit to its companies in tax havens,
which are owned by Reddy family members. The under-invoicing in India in two years
when Reddy was the director of GLA is estimated at Rs 215 crore. Due to under invoicing,
OMC under-paid customs duty and corporate tax.
instead of Indian entity OMC. It can move the profit to its companies in tax havens,
which are owned by Reddy family members. The under-invoicing in India in two years
when Reddy was the director of GLA is estimated at Rs 215 crore. Due to under invoicing,
OMC under-paid customs duty and corporate tax.
4. BLACK TO WHITE
IF the IT department failed to detect the under-invoiced portion, it would have returned to
India as a foreign investment—black becomes white. tax impact will be lower.
India as a foreign investment—black becomes white. tax impact will be lower.
How politicians convert black money
The modus operandi the bank officials are following is as highlighted below:
* Open an account to route the cash into the Bank’s spread of products including insurance;
* Put the cash in accounts other than bona fide, like dummy accounts;
* Use sundry accounts of the bank to deposit illegal cash and get the pay orders for
investment;
investment;
* Do it even without PAN card;
* Use provisions like Form 60 to deposit the illegitimate cash into the account to route it into
investment;
investment;
* Get Demand Drafts made for the client even from other banks to facilitate investment;
* Split the money to invest in diversified portfolio including gold;
* Allot lockers for safe keeping the illegitimate cash;
* Show the illegal cash as proceeds from some sham agreements of land sale;
* Use duplicate PAN cards to route the cash transactions into investment;
* Send money abroad through NRE/NRO accounts; transfer cash using accounts of
customers, for a fee; use some shell company to transfer money abroad showing it as
expenses toward business-cum-leisure trip; transfer money using TCDC cards.
customers, for a fee; use some shell company to transfer money abroad showing it as
expenses toward business-cum-leisure trip; transfer money using TCDC cards.
The bankers would go out of their way to help you provided you have crores to show them,
never mind if they have been earned by means other than legitimate, and they will help
you make it legitimate, in a foolproof manner, taking advantages of certain loopholes of the
system. For instance, they are using the provision of scrutiny of investments up to a period
of 7 years to beat the system. Then there are provisions like Section 10-10(D) which come
in handy to people invest black money and make it white.
never mind if they have been earned by means other than legitimate, and they will help
you make it legitimate, in a foolproof manner, taking advantages of certain loopholes of the
system. For instance, they are using the provision of scrutiny of investments up to a period
of 7 years to beat the system. Then there are provisions like Section 10-10(D) which come
in handy to people invest black money and make it white.
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