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Jan 19
2009
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Legal Sector Should Brace Itself for Increased Anti-Money Laundering Scrutiny in Wake of Global Financial Crisis. Both individual solicitors and law firms will face greater pressure for KYC compliance as part of defensive risk management strategy
Individual solicitors and legal firms will come under greater scrutiny in 2009 as prosecutions against money laundering increase and the ripple effects of increased fraud from the credit crunch hit the legal industry, according to compliance and screening specialists Datanomic Ltd, and risk management and compliance experts, Legal RM. In particular, solicitors acting as Money Laundering Reporting Officers, or individuals who facilitate the acquisition, retention, use or control of laundered money, should expect hefty fines and prison sentences.
Last month, Isleworth Crown Court fined Jonathan Krestin, 60, the managing partner at Butcher Burns, a commercial and property firm of solicitors, £5,000 on one count of money laundering. He was convicted of using the firm's client account to launder money belonging to Michel Namer, a French national and convicted fraudster. An investigation by HM Revenue and Customs showed that Krestin transferred €14,000 from Namer to an Italian account of Namer's mistress and former lap dancer, Dzindzer Jeles, knowing or suspecting the monies to be criminal property. This sum was part of the proceeds of a €35,000,000 Missing Trader Intra Community Fraud orchestrated by Michel Namer.
"Law firms are obliged under the 3rd EU Money Laundering Directive to regularly and thoroughly screen their clients against Sanctions lists," said Dr Jonathan Pell, CEO of Datanomic Ltd. "Know-Your-Customer and risk management protection initiatives have already become mandated and defensive strategies in protecting financial institutions against money laundering, and we expect the legal sector to follow suit. Law firms must ensure the proper protection measures are in place to protect both individual members of staff, as well as a firm's reputation."
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