09 Tracing Illicit Transactions Flashcards
(46 cards)
What is a letter rogatory?
A. A letter whereby a criminal defendant requests that the government release exculpatory information
B. A letter in which a judge in one country orders the government in another country to release a defendant from jail
C. A formal request by the courts of one country seeking judicial assistance from the courts of another country
D. A formal request by the government of a country seeking information from a defendant residing in another country
C. A formal request by the courts of one country seeking judicial assistance from the courts of another country
Government officials may be authorized to make a formal government-to-government request for assistance, or letters rogatory, to obtain foreign evidence. Letters rogatoryare formal requests that a court in one country makes to seek judicial assistance from a court in another country. Letters rogatory also permit formal communication among the judiciary, a prosecutor, or a law enforcement official of one country and their counterpart in another country. The most common types of assistance sought by letters rogatory are service of process and taking of evidence.
______________________ are national centers that collect information on suspicious or unusual financial activity, and they are designed to fight international financial crimes by encouraging global cooperation and mutual exchange of financial intelligence information.
A. Financial Intelligence Units (FIUs)
B. National Bank Registrars (NBRs)
C. Intelligence Agency Units (IAUs)
D. Financial Task Force Units (FTFUs)
A. Financial Intelligence Units (FIUs)
Financial Intelligence Units (FIUs) are national centers that are responsible for receiving and analyzing information on suspicious or unusual financial activity in order to combat international financial crimes. FIUs are also designed to improve global cooperation and promote mutual exchange of financial intelligence information.
When circumstantial evidence is offered to prove that a subject has more income available than can be accounted for from legitimate sources, the subject often responds with which of the following defenses?
A. The subject incurred substantial debts.
B. The subject’s excess funds were received as gifts.
C. The subject’s excess funds were deobligated.
D. The subject has no taxable income.
B. The subject’s excess funds were received as gifts.
If a party uses an indirect method to prove the defendant’s illicit assets circumstantially, the defendant will try to rebut such evidence. Often, the defendant will claim that the excess income came from legitimate sources. The defendant might claim that the funds are cash that he accumulated earlier or cash from other legitimate sources, such as loans or gifts from relatives.
Credit card records and statements pertaining to a subject can provide insight into the subject’s movements and habits, but they do not reveal people with whom the subject does business.
A. True
B. False
B. False
Credit card records are important in tracing assets because they reveal a great deal of personal and business information about the account holder or cardholder. Among other things, credit card records show card purchasing limits, previous payment history, account balance, when and where the subject has traveled, restaurants frequented by the subject, and assets the subject has acquired. In short, these records show the movements and habits of the person to whom the records pertain.
Credit card statements also contain a great deal of important information. Generally, these statements contain the name of the credit card issuer, the cardholder’s account number, a summary of the transactions on the account, payment information, and a list of all the transactions that occurred during that month’s billing cycle (i.e., purchases, payments, credits, cash advances, and balance transfers). Credit card records will document out-of-town travel and, often, they will name people with whom the subject conducts business.
Which of the following is a common method fraudsters use to conceal illegally acquired assets?
A. Creating a will to allocate assets at death
B. Transferring assets into another person’s name
C. Placing assets in probate
D. Purchasing a used vehicle
B. Transferring assets into another person’s name
Any type of asset can be hidden (e.g., real property, jewelry, stocks, bonds, vehicles, cash), and there are many techniques that a fraudster might use to hide ill-gotten gains. Some common techniques for hiding assets include transferring assets into foreign trusts, overpaying taxes, prepaying on a home mortgage, obtaining a life insurance policy, and transferring assets into someone else’s name.
Which of the following is an example of an indirect method of locating assets or tracing illicit funds?
A. The specific-items method
B. Financial condition analysis
C. Correlation analysis
D. Net-worth analysis
D. Net-worth analysis
Often, when a fraud examiner must locate a subject’s assets or trace illicit funds, the subject’s books and records are not made available. In such cases, the fraud examiner must use an indirect approach, such as net-worth analysis or the bank deposit analysis method, to prove income.
Which of the following is LEAST likely to be revealed by analyzing a subject’s electronic payment records?
A. Assets the subject has purchased
B. The funds the subject has tied up in real property
C. Loans the subject has obtained
D. The locations of the subject’s residences and businesses
B. The funds the subject has tied up in real property
Electronic payments (or e-payments) refer to any type of noncash payment that does not involve a paper check. Electronic payment records can reveal, among other things:
* Assets the subject has purchased
* The locations of the subject’s assets (e.g., through the payment of real estate taxes, broker’s fees, or utility payments)
* The locations of the subject’s residences and businesses (e.g., through analyzing the payments of utility bills)
* Loans the subject has obtained (e.g., through analyzing loan payments)
* Payments made to nonexistent employees with direct deposit
* The cities and countries in which the subject conducts business (e.g., through analyzing the payments for carrier services to deliver packages)
* Assets ostensibly owned by family members or close associates but effectively controlled, held, or gifted by the subject
* Hotel payments
* The true owner of a property (e.g., through analyzing the mortgage payments and payments for home owner insurance)
Which of the following is considered a red flag indicating that a subject is seeking to conceal ill-gotten assets through a loan repayment?
A. Accelerated payments
B. Payments in odd amounts
C. Large paydowns
D. All of the above
D. All of the above
Generally, fraud examiners should look for loans with unusual repayments and trace them. Lump-sum payments, payments in odd amounts, accelerated payments, and large paydowns are unusual. These are all considered red flags indicating that an individual is seeking to conceal ill-gotten assets through a loan repayment, and loans with any such red flag should be investigated further.
Which of the following is a method of tracing illicit funds in which deposits to financial institutions are compared to legitimate income?
A. Asset method
B. Bank deposit analysis method
C. Installment transaction analysis method
D. Income correlation method
B. Bank deposit analysis method
The bank deposits method is a method of tracing illicit funds in which deposits to financial institutions are compared to legitimate income.
The asset method is another method of tracing illicit funds, but it involves identifying assets previously acquired, identifying current liabilities, and taking the difference between the two.
The installment transaction analysis method and the income correlation method are not methods of tracing illicit funds.
Which of the following is NOT a piece of information contained on most wire transfers?
A. The name of the sender or originator
B. The amount of the transfer
C. The date of the transfer
D. The recipient’s government identification number
D. The recipient’s government identification number
The information contained on a wire transfer generally will include the following items:
* The amount of the transfer
* The date of the transfer
* The name of the sender or originator
* The routing number of the originating bank or financial institution
* The identity of the designated beneficiary or receiver of the funds
* The routing number of the recipient bank
However, the government identification number for the recipient is not typically included in most wire transfer records.
Net worth can be defined as the difference between assets and liabilities at a particular point in time.
A. True
B. False
A. True
Net worth can be defined as the difference between assets and liabilities at a particular point in time.
Suppose you need to prove a suspect’s illicit income circumstantially. Which of the following methods of tracing assets would yield the best result when the suspect is spending his illicit funds on items that would not cause an increase in net worth, such as travel and entertainment?
A. The income correlation method
B. The expenditures method
C. The bank deposits method
D. The asset method
B. The expenditures method
The expenditures method (also known as the sources and application of funds method) compares the suspect’s known expenditures and known sources of funds during a given period of time. That is, this analysis seeks to quantify the cost of the subject’s lifestyle and determine whether the subject’s reported income is sufficient to support his lifestyle. The expenditures method is best used when the subject spends illicit income on consumables (such as travel and entertainment) that would not cause an increase in net worth.
Which of the following documents is likely to be included with the account-opening documents for a corporation’s business account?
A. Copies of corporate resolutions of the board of directors authorizing the opening of the account
B. A copy of the corporation’s board-authorized personnel policies
C. A copy of all shareholders’ meeting minutes
D. A list of all shareholders
A. Copies of corporate resolutions of the board of directors authorizing the opening of the account
To open a business account for a corporation, the opening party must provide a signature card, or similar document, and copies of corporate resolutions of the board of directors authorizing the opening of the bank account and naming the person who may authorize payments on the account. Also, the bank might require a copy of the company’s organizational or business filings (such as articles of incorporation). These documents should indicate who the company’s corporate officers are and the company’s date of incorporation.
- Which of the following is the main purpose of conducting a net-worth analysis?
A. To show that the subject’s assets or expenditures exceed his reported income
B. To show that a subject’s actions caused a decrease in the victim’s net worth
C. To prove that the subject purchased an asset with appreciated value
D. To prove that the subject’s assets equal his liabilities
A. To show that the subject’s assets or expenditures exceed his reported income
The net-worth method (or comparative net-worth analysis) is used to prove illicit income circumstantially by showing that a person’s assets or expenditures for a given period exceed that which can be accounted for from known or admitted legitimate sources of income. The net-worth method is a reliable method for estimating a person’s ill-gotten gains. The method is used extensively by criminal investigators around the world, especially in drug and money laundering cases.
A bank credit department generally maintains which of the following types of basic loan records?
A. The cash record
B. The credit or loan file
C. The master appropriation file
D. The accounting journal
B. The credit or loan file
Loan records can provide important information regarding a subject. When a bank makes a commercial loan to an individual, it requires detailed statements of assets and liabilities from the borrower, and these records will be contained in the loan records. The loan file also might include the results of credit inquiries regarding paying habits, loan amounts, and present unpaid balances.
A bank credit department generally maintains the following basic records:
* The credit or loan file: This file includes the customer’s loan application, financial statements, and general economic history.
* The liability ledger: This contains the customer’s past and present liability to the bank. These sheets also contain information such as the loan date, note number, amount of the loan, interest rate, due date, and payments.
* The collateral file: This contains a complete description of the items pledged as security for loans. Records of such collateral can provide valuable information about a subject’s assets.
Which of the following is NOT a characteristic asset hiders generally look for in the financial vehicles they use to conceal assets?
A. Security
B. Transparency
C. Accessibility
D. Liquidity
B. Transparency
Generally, asset hiders look to conceal their assets with financial vehicles that have certain characteristics. For one thing, asset hiders want products that are liquid (i.e., items that can be purchased and sold in a short period of time). Moreover, asset hiders want products that are difficult to trace or are untraceable. With such instruments, asset hiders can break or obscure many links between the initial receipt of the assets and their final disposition. Asset hiders also look for products that are secure and accessible.
Which of the following is an accurate statement about tracing the disposition of loan proceeds?
A. Tracing loan proceeds can determine if the proceeds were deposited into hidden accounts
B. Tracing loan proceeds can determine if hidden accounts were used for loan payments
C. Tracing loan proceeds can uncover hidden assets or unknown witnesses
D. All of the above
D. All of the above
If a fraud examination involves a loan with proceeds that have been disposed, the fraud examiner should trace the disposition of the loan’s proceeds. A fraud examiner can trace loan proceeds to determine if hidden accounts were used for loan payments or if the proceeds were deposited into hidden accounts. Also, because loans might be secured by hidden assets or co-signed by previously unknown cohorts, tracing loan proceeds can uncover hidden assets or unknown witnesses. Moreover, if the subject has taken out a loan for someone else, tracing the disposition of the loan proceeds will uncover those leads.
Which of the following is the best definition of the indirect method of tracing financial transactions?
A. Using financial analysis to discover all significant expenses the target incurred during the relevant period to develop the financial profile
B. Using circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets
C. Using bank records and financial statements to identify and analyze information about the target’s personal characteristics to identify sources of hidden wealth or assets
D. Using the subject’s books and records to analyze the relationship between the subject’s receipt and subsequent disposition of funds or assets
B. Using circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets
Generally, fraud examiners can trace illicit transactions using a direct method or an indirect method. An indirect method employs circumstantial evidence to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets. In contrast, a direct method uses the subject’s books and records (or financial transaction records belonging to third parties) to analyze the relationship between a suspect’s receipt and subsequent disposition of funds or assets.
Which of the following is a step in the general process for tracing illicit transactions?
A. Building a financial profile
B. Establishing reporting protocols
C. Selecting a response team
D. Implementing litigation hold procedures
A. Building a financial profile
Although the procedures performed during a tracing investigation vary depending on the circumstances, an actual investigation to trace transactions generally should involve the following elements:
* Collect information.
* Profile the subject (i.e., assemble the personal—financial and behavioral—profile).
* Review information for leads and prioritize leads.
* Trace the illicit transactions.
Records obtained from financial institutions are perhaps the single most important financial source available to fraud examiners for purposes of tracing assets.
A. True
B. False
A. True
Records obtained from financial institutions are perhaps the single most important financial source available to fraud examiners for asset-tracing purposes. They can be used as evidence for fraud, as well as to:
* Identify witnesses and other evidence.
* Uncover criminal profits.
* Identify criminal assets.
* Locate assets that can be used to satisfy a judgment.
* Identify localities where assets are stored.
* Determine the lifestyle of an account holder.
* Determine the financial health of an organization.
* Determine the source of funds placed into an account.
* Determine the use of the funds from an account.
Which of the following documents is typically included with the account-opening documents for a corporation’s business account?
A. Copies of corporate resolutions of the board of directors naming the person who may authorize payments on the account
B. A signature card
C. Copies of corporate resolutions of the board of directors authorizing the opening of the account
D. All of the above
D. All of the above
To open a business account for a corporation, the opening party must provide a signature card, or similar document, and copies of corporate resolutions of the board of directors authorizing the opening of the bank account and naming the person who may authorize payments on the account. Also, the bank might require a copy of the company’s organizational or business filings (such as articles of incorporation). These documents should indicate who the company’s corporate officers are and the company’s date of incorporation.
Turnbull, a fraud victim, hired Kennedy, a CFE, to trace a fraudster’s assets to facilitate the recovery of the illicit proceeds obtained by the fraudster. Which of the following typically will be the MOST useful source of information for Kennedy in his efforts to trace the fraudster’s assets?
A. Surveillance footage
B. The fraudster’s bank records
C. The fraudster’s paystubs
D. Third-party witnesses
B. The fraudster’s bank records
Records obtained from financial institutions are perhaps the single most important financial source available to a fraud examiner for asset-tracing purposes. They can be used as evidence for fraud, as well as to:
* Identify witnesses and other evidence.
* Uncover criminal profits.
* Identify criminal assets.
* Locate assets that can be used to satisfy a judgment.
* Identify localities where assets are stored.
* Determine the lifestyle of an account holder.
* Determine the financial health of an organization.
* Determine the source of funds placed into an account.
* Determine the use of the funds from an account.
When determining a subject’s net worth for asset-tracing purposes, all assets should be valued at current market value to eliminate any question about estimates.
A. True
B. False
B. False
When computing a subject’s net worth, these issues should be considered:
* All assets should be valued at cost, not fair market value. Subsequent appreciation or depreciation of assets should be ignored.
* The amount of funds available to the subject from legitimate sources should be estimated or computed generously.
* The subject should be interviewed to identify all alleged sources of funds and to negate defenses that he might raise later.
Which of the following pieces of information is NOT usually contained on the signature card of a personal bank account?
A. The thumbprint of the person opening the account
B. The address of the person opening the account
C. The telephone number of the person opening the account
D. The identification number of the person opening the account
A. The thumbprint of the person opening the account
To open a personal account, the individual opening the account must provide a signature card, or similar document, evidencing a contract between the customer and bank. The signature card is a source of valuable information. Although its form varies, the card usually contains the person’s name, address, telephone number, identification number, amount of opening deposit (and possibly the source of opening deposit), and security data (e.g., mother’s maiden name). The person’s identification information might be significant, especially if the depositor used an alias. Also, a fraud examiner might be able to trace the opening deposit through the bank’s records to disclose a source of income.
While a bank signature card evidencing a contract between the customer and bank contains several important pieces of identifying information, it typically does not contain the fingerprints of the account holder.