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Money Laundering Ethics Case

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Submitted By roxtonm
Words 1668
Pages 7
Hard Times and Harder Choices
Micheal Roxton
University of South Florida
Advance Financial Reporting
Christine Andrews
January 11, 2015

1A. What is Money Laundering?
Money laundering refers to activities and financial transactions that are accepted to disguise where the particular source or nature of the illicit activities cash flow is coming from. Usually, the money that is laundered is received from an illegal enterprise with the goal being to make it appear as though it is coming from a legitimate source. (“Overview - Money Laundering. (2014)”).

1B. Government Agencies or Other Organizations Involved
These criminal actives may include, drug trafficking, smuggling, corruption and human trafficking, which usually generate large sums of profits for those individuals carrying out the act. Many governmental agencies are cracking down to help prevent these acts that have been associated with money laundering. The agencies are as listed: (“Other Government Agencies Combating Money Laundering and Terrorist Financing. (n.d.)”) * Federal Bureau of Investigation * Internal Revenue Service Criminal Investigation * Office of National Drug Control Policy * U.S State Department * Financial Crimes Enforcement Network * Office of Foreign Asset Control * Government Accountability Office

1C. Statistics and Reports of Money Laundering and Criminal Penalties
Many investigations have started each year to look into possible acts of money laundering. As like most illegal acts, not all of them are caught however for the ones that have been caught doing the illegal act, the United Nations Office on Drugs and Crime have conducted studies to determine the actual magnitude it has on the economy. As a result, in a 2009 report, it was stated that “criminal proceeds amounted to 3.6% pf global GDP, with 2.7% (or USD 1.6 trillion) being laundered” (“Money Laundering - Financial Action Task Force (FATF). (n.d.)”). In other statistics, the IRS have compiled their very own report based on the money laundering investigations that, then lead to incarceration. Money Laundering Investigations | FY 2014 | FY 2013 | FY 2012 | Investigations Initiated | 1312 | 1596 | 1663 | Prosecution Recommendations | 1071 | 1377 | 1411 | Indictments/Informations | 934 | 1191 | 1325 | Sentenced | 785 | 829 | 803 | Incarceration Rate* (Prison, Halfway House, Home Detention…) | 82.2% | 85.4% | 84.7% | Average Months to Serve | 66 | 68 | 64 |
* “Statistical Data - Money Laundering & Bank Secrecy Act (BSA). (2014)”
As you can see, although roughly between 50-60% of investigations that were initiated lead to sentences. Most money laundering cases usually end up with prison time and fines, however not all cases may end with both penalties. If a money services business does not comply with the BSA reporting and record keeping, they face civil penalties up to $500 for negligent violations and either the greater of the following: the actual amount that was involved in the transaction, which is up to $100,000, or $25,000. However in other circumstances, businesses can also be held criminally liable for the acts of their employees. Which then the maximum criminal penalty for violation of requirements include a imprisonment for up to 10 years, a fine for up to $500,000, or both (“A Money Services Business Guide. (n.d.)”). Through all the illegal acts, most criminals believe that they themselves and, or their business are the only parties affected. However, everyone is affected due to the nature that when acts like this occur, the integrity of financial institutions are affected because they allowed the act to continue which then in turn has lost the trust of the common people.

1D. Methods Used to Detect Money Laundering
Since 1970, acts have been set in place to help control and catch the illegal actions of laundering. Starting with the Bank Secrecy Act of 1970, banks and other businesses were required to report cash transactions of over $10,000, either in cash or negotiable bearer instruments. In 1988 the Anti-Drug Abuse Act required purchasers to show verification of monetary instruments over $3,000. Due to the fact that financial institutions are the main line of defense against this crime, the Money Laundering Suppression Act of 1994 required banking agencies to review and enhance training, and develop anti-money laundering examination procedures (“A Money Services Business Guide. (n.d.)”).

2. When it comes to client acceptance decisions, Accounting firms are held to high professional standards. According to AICPA SAS 84, “Communication Between Predecessor and Successor Auditors”, which states that the auditor that accepts the newest engagement should communicate with the predecessor auditor regarding matters that will help to assist the successor in the acceptance of the engagement, such as integrity risks and any disputes (“AU Section 315. (n.d.)”). SAS 109, “Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement”, it deals with making sure the firm obtains a sufficient amount of understanding the entity and the environment in which it operates, as well knowing of the risks prior to accepting the engagement (“AU Section 314. (n.d.)”). The main principle that should be applied when arriving at a decision whether to accept the engagement is to know who you client is, basically know what the nature of the business is and are there any risks involved in accepting the project.

3. Due to the fact that you have to fully understand the nature of your potential client and what environment it may operate it, accounting firms should research the potential client first to see if they were involved in any fraudulent activities in the past. Also they should enhance their knowledge in the industry if not familiar before, that way they may know of the many types of illegal activities that can arise during their tenure as the auditor. In comparison to smaller and larger accounting firms, I believe that both firms will take the same actions when thinking of accepting a potential client, however, the smaller firm may conduct more of a detailed research than that of the larger accounting firm. I say this because, since the firm is smaller, they will tend to have less clients that way they may be able to focus more of their time into researching and really knowing the client as on a personal basis instead of a business relationship.

4. Poor client acceptance decisions affects any type of accounting firm no matter how large or small it is, but the consequence may not be as severe with a smaller firm versus an international large accounting firm. Another person may look at the comparison very differently though, because they may believe that with the criminal penalties, smaller firms because they deal with a smaller sum of cash than the large international firm, they will take a bigger hit which may result in the collapse of the business. Larger firms deal with a larger sum of cash therefore, whenever penalties may arise, they will have a good amount of cash set aside just for those moments in which they are fined.

5. If I were Thomas Forehand, ethically I would not have accepted the engagement because of the uncertainty I had with the business John was describing to me. With the decision I made, I only thought of myself and not of the greater good for my firm, which as a smaller firm is a bad idea. Although the firm needed new clients, as a CPA, I should have known of the possible risks that I was getting myself into when John told me that he wanted a business in which he would pass through all the money through that account; that automatically should have been a red flag. As a CPA you do have a professional or moral responsibility to report illegal acts committed by clients or potential clients, even your own staff within your firm, however it comes down to your own personal moral responsibilities. Although you have a standard to live by professionally doesn’t mean that you think it is morally right to follow those standards.

6. In regards to strategies CPAs and business people can use to prevent themselves from stepping onto a “slippery slope”, I believe it’s to just be knowledgably about the nature of business of your client and your client themselves. I am a firm believer in knowledge is key and, had Thomas known more about illegal activities clients may partake in, he would have quickly identified John’s true meaning.

7. The parties that were affected by Thomas’s decision were Thomas himself, Jones, but more importantly Thomas’s employees, his clients and his wife and kids because they truly had no knowledge of what was going on and now they have to live knowing how their lives are today are not because of what they did but of what someone else did. Thomas and Jones both have lost whatever integrity they had in the eyes of the world, and now serving jail time and fines for their actions. The firm most likely is no longer doing business which means, the staff do not have a job and the wife and kids have lost a steady income that they most likely relied heavily on.

References
A Money Services Business Guide. (n.d.). Retrieved from http://www.fincen.gov/financial_institutions/msb/materials/en/prevention_guide.html#Civil and Criminal Penalties
AU Section 314 Understanding the Entity and Its Environment and Assessing the Risks of Material Misstatement SAS 109. (n.d.). Retrieved from http://www.aicpa.org/Research/Standards/AuditAttest/DownloadableDocuments/AU-00314.pdf\
AU Section 315 Communications Between Predecessor and Successor Auditors SAS 84. (n.d.). Retrieved from http://www.aicpa.org/Research/Standards/AuditAttest/DownloadableDocuments/AU-00315.pdf
Money Laundering - Financial Action Task Force (FATF). (n.d.). Retrieved from http://www.fatf-gafi.org/pages/faq/moneylaundering/
Other Government Agencies Combating Money Laundering and Terrorist Financing. (n.d.). Retrieved from http://www.occ.gov/topics/compliance-bsa/bsa/other-gov-agencies-aml-ctf.html
Overview - Money Laundering. (2014, February 12). Retrieved from http://www.irs.gov/uac/Overview---Money-Laundering
Statistical Data - Money Laundering & Bank Secrecy Act (BSA). (2014, October 9). Retrieved from http://www.irs.gov/uac/Statistical-Data-Money-Laundering-&-Bank-Secrecy-Act-(BSA)

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