Download AML quiz chapter 1 study exam and more Exams Foreign Exchange Law in PDF only on Docsity!
AML quiz chapter 1 study exam
What is money laundering? - Claiming illegal funds as a legitimate business transaction Who oversees money laundering? - federal regulations like the USA PATRIOT Act, What is AML mean? - AML refers collectively to laws, policies, and company programs intended to deter and detect money laundering. The first stage in the money laundering process is called? - placement What does placement mean? - brings the illicit cash into the legal financial system What is structuring? - the practice of breaking up large cash transactions into multiple smaller transactions (for the purpose of evading reporting or recordkeeping requirements What is the 2nd step of money laundering? - Layering What is layering? - cash equivalents obtained in the placement stage are used to purchase a variety of financial instruments What are some examples of sophisticated financial products - can include cash value life insurance and deferred annuity contracts. What is the 3rd and final step in money laundering? - Integration What is integration? - cleansed money is circulated back into the hands of the criminal and ultimately into the financial system Cash value life insurance and deferred annuity contracts provide owners access to funds through? - policy loans, partial withdrawals, or outright surrenders What laundering technique looks appealing to those who launder because it avoids surrender charges? - Free-look surrenders Tom and Raul case study - Tom wrote a $500,000 universal life insurance policy. wrote large cash value policies not only on Raul but also on Raul's business associates and personal friends. A common denominator with every case was the buyer's interest in the policy's living benefits. There were frequent withdrawals and partial surrenders, and several policies had been canceled during the free-look period. Raul and his associates, agents for an international drug cartel, were responsible for laundering the millions of dollars generated annually from cocaine and heroin buyers in the U.S. and Europe
Tom and Dru - Raul made substantial donations to the cultural center, mostly through wire transfers from off-shore bank accounts owned by obscurely named business entities.There the funds were available to clients with international connections. The money laundering operation set up by Raul and his associates followed the standard three- stage process characteristic of most money laundering schemes. - Placement occurred when the cash was deposited into off-shore bank accounts, where it was subsequently wired to Tom's insurance company to pay premiums. Layering was achieved through buying multiple life insurance and deferred annuity contracts using cash payments and wire transfers from uncertain sources. Ownership changes helped cover any audit trail. Integration occurred through partial surrenders and withdrawals in the form of insurance company checks, which moved the money back into the legal monetary system. Operation Capstone involved the efforts of whom - the action involved the coordinated efforts of the U.S. Customs Service, the U.S. Attorney for the Southern District of Florida, and several police departments in South Florida, as well as British and South American authorities. Operation Capstone - revealed that owners were heavily funding their policies just shy of MEC levels to avoid IRS scrutiny and making early withdrawals to access the cleansed money within.. Changes in policy ownership were common. What are some ways to money launder? - A money launderer could purchase a life insurance policy and then cancel the policy during the free-look period to receive a refund of the premium. The returned premium is used to purchase other assets or investments, thus adding layers to the process and further integrating the money into the financial system. A money launderer could purchase a life insurance policy and then use the policy values as collateral for a loan to buy a piece of real estate. The loan is repaid by surrendering the policy, and the launderer now owns property that can be retained or sold at a later date. A money launderer could use illicit funds to purchase life insurance policies from terminally ill insureds under viatical settlement agreements, naming an off-shore company or group of foreign investors as beneficiaries of the policies. When the insureds die, the proceeds are paid to the company or the investors as legitimate death benefits. What is The law most impacting insurance companies? - USA PATRIOT Act, the PATRIOT Act gave rise to the - Financial Crimes Enforcement Network (FinCEN) rules that dictate insurance company AML requirements and responsibilities.
The second set of FinCEN final rules amends the Bank Secrecy Act of 1970 to include insurance companies in the list of those that are required to report - "suspicious activity" involving certain covered product transactions through the filing of a suspicious activity report (SAR). Money laundering summary - Money laundering has long existed as a way for illegal ventures to integrate "dirty" funds into the economic system without a trace of their illicit source. It's a process that moves illegally obtained money through three stages to apparent legitimacy: placement, layering, and integration. While law enforcement has tried to deter money laundering for decades, the events of September 11, 2001, elevated the issue to a matter of national security. To assist in the battle against terrorism, the USA PATRIOT Act of 2001, largely modeled on the Bank Secrecy Act of 1 970 and amended by FinCEN's final rules applicable May 2, 2006, engages insurance companies in the fight. With its insurance charges, contract fees, and potential surrender charges, life insurance would seem an unlikely object of money launderers' affection. Real cases reveal otherwise. The PATRIOT Act requires that insurance companies establish anti-money laundering (AML) measures to prevent the use of their products in money laundering or terrorist activity financing and report "suspicious activities." The cooperation of a company's producers is essential to the program's success. During which stage of the money laundering process are laundered or cleansed funds circulated back into the hands of the criminal and ultimately into the financial system? A)Closet B) Placement C) Layering D) Integration - Integration A customer has purchased over a dozen life insurance and annuity contracts over the past year, using chashiers checks to pay the premiums. If this action is part of a money laundering operation, What stage does this represent? A) Acquisition B) Placement C) Layering D) Integration - Layering ( The 2nd stage layering is achieved by using cash or cash equivalents to purchase multiple financial instruments that can subsequently be converted to clean money) Insurance companies are not required to establish anti-money laundering programs, though they are encouraged to do so A) True
B) Flase - False ( title 3 of the patriot act specifically addresses money laundering and expands the bank secretary act to encompass all financial institutions, including life insurance companies) All of the following are federal laws or related rulings that have a direct impact on anti-money laundering requirements EXCEPT? A) The bank secretary act of 1970 B) The fair credit reporting act of 1972 C) THe US patriot act of 2001 D) the FinCEN final rules published in November 2005 - The fair credit reporting act of 1972 (FCRA does not directly related to money laundering ) FinCEN's final rulings, the USA PATRIOT Act stipulates that financial services companies involved in the sale of "covered products" must: - designate a compliance officer to oversee the company's development and implementation of AML policies and procedures develop and maintain internal policies, procedures, and controls to help identify and report potential money laundering transactions, including a formal AML policy document maintain an ongoing training program for all associates who are involved in any sale and administration of "covered products" maintain an independent audit procedure to periodically test the company's AML policies and procedures What are covered products? - are those whose features and designs include a cash value or investment component, and thus, are considered more likely to be used for money-laundering What is included in covered products? - individual permanent life insurance (including whole life, universal life, variable life, and any other product that builds cash value) individual annuities (fixed or variable, immediate as well as deferred) any other insurance product that includes a cash value or investment component Products that do not provide the liquidity that is essential to money laundering are not covered by the - PATRIOT Act (even as specified in FinCEN's final rules). Products Not Considered "Covered Products" - roducts offered by charitable organizations, such as charitable annuities
What is the goal of the statement of policy and principles - It may define money laundering and terrorist financing. What is scope of statement of policy and principles - it identifys company associates who are subject to the policy. Typically, its scope includes all employees, officers, and appointed producers. Presumably the AML policy does not apply to company shareholders or policyholders. the AML Policy Document contains - A statement of policy and principles, scope, covered products, Customer identification program, Monitoring and reporting, Investigation and Record-keeping CHapter 2 summary - The USA PATRIOT Act (amended by the FinCEN final rules effective May 2,
- mandates that financial services companies involved in the sale of "covered products" must comply with four basic AML requirements: designate a compliance officer to oversee the company's AML policies and procedures maintain internal policies, procedures, and controls to help identify and report potential money laundering transactions maintain an ongoing training program for all associates who are involved in the sale and administration of covered products periodically test the company's AML policies and procedures through an independent audit While the PATRIOT Act puts the burden for creating an AML program on the shoulders of insurance companies and not their producers, producers' front-line position puts agents and brokers at the heart of every company's AML policy. All of the following are required elements of an insurance companies AML program EXCEPT A) Designing an AML compliance officer B) Certifying every employee and appointed producer with FinCEN C) Maintaining and ongoing training program D) Periodically testing the AML program through independent audit - Certifying every employee and appointed producer with FinCEN Under FinCEN's final rules as they apply to insurance companies, agents, and brokers are required to establish and maintain their own AML programs and procedures A) True B) False - False (Agents and brokers are not required to establish separate AML programs) As part of the life insurance application process in compliance with AML requirements, producers are required to obtain all of the following information EXCEPT?
A) The applicants social security or tax identification numer B) The applicants residential address C) The beneficiaries DOB D) THe applicants full legal name - The beneficiaries DOB ( required information: full name, DOB, residential address, and SSN or TIN) Under FinCEN rules, the suspicious activity review threshold is - $5, Any covered product transaction that includes a payment (or aggregate of payments) of $5, or more requires a closer evaluation by the company to assess the need to file an - SAR-IC. Transactions may include - cash value transfers between policies and 1035 exchanges as well as premium payments and deposits Transactions exceeding the $5,000 threshold shuld be reported to - FinCEN , transactions below the $5,000 threshold may be—and should be—reported if - they are suspicious or if they appear to violate the law. he $5,000 FinCEN threshold should not be confused with the - longstanding requirement, from the BSA of 1970, that financial institutions report all cash payments exceeding $10,000. What are the 2 red flags with FinCEN? - an aggregate of at least $5,000 in funds or other assets facts or circumstances of the case that raise suspicion What is a red flag? - A red flag is any fact or circumstance that is outside the customer's typical actions, especially where the economic gain is not obvious or clear. A producer or employee who detects a red flag or any other suspicious activity is only required to report the suspicion to - a manager or designated compliance principal.He or she should never discuss the concerns with the customer. Suspicious activity is reported b - by the insurance company (not the agent or broker) to FinCEN using Form SAR-IC (Suspicious Activity Report by Insurance According to FinCEN, the types of suspicious activities that prompt the majority of SAR filings by insurance companies are: - excessive insurance excessive or unusual cash borrowing against a policy or annuity proceeds sent to unrelated third parties suspicious life settlement sales (i.e., STOLIs, viaticals) suspicious termination of a policy or contract unclear or no insurable interest
In determining the need to report suspicious activity, all of the following are considered to be "transactions" EXCEPT? A) all premiums are paid with money orders B) The intial premium deposit is paid by a wire transfer C) cash value transfers are made between policies (or via a 1035 exchange) D) participating policy dividends are used to purchase paid-up additions - participating policy dividends are used to purchase paid-up additions WHat must a form 8300 be filed in conjunction with? - All cash or cash equivalent receipts exceeding $10, ( A form SAR-INCis required to report all transactions exceeding $5,000 that have also raised one or more red flags) OFAC compiles and updates the list of - high-risk countries It also maintains a list of known or suspected money launderers and other criminals, known as the Specially Designated Nationals and Blocked Persons list. What is the Financial Action Task Force (FATF) - an international body whose purpose is to develop and promote policies to combat money laundering. Its members include nations from around the world. What is willful blindness - the intentional and deliberate avoidance of knowledge of the facts of a crime to avoid civil or criminal liability for one's role in it—can subject an apparently uninvolved party (such as an agent or broker) to prosecution even if the person claims to have been unaware of suspicious activity. red flags are generally separated into three categories - new business, premium and deposit payments, and policy activity. The geographical location of the parties involved in the transaction may also raise a red flag. A customer requests a $5,000 partial surrender of his universal life insurance policy. the producer notices that the customer has made a $5,000 premium deposit just a week before. the producer should? - Discuss the situation with his/her manager An agent knows that her insurance company has an AML policy in affect, but the $100,000 in money orders her customer is using to fund the purchase of a single premium whole life insurance policy would help her meet her sales goal for the year. consequently, she overlooks the source of funds and submits the application to her company. From an AML perspective, the agent has? - Commited the crime of willful bliss Factors that producers should consider when determining if an application raises a red flag include all of the following EXCEPT?
A) The source of the premium or deposit payment B) The size of the commission that might be earned on the transaction C) The geographical location of the person requesting the transaction D) Transaction history involving this customer or this policy - The size of the commission that might be earned on the transaction
