CONSEQUENCES OF ECONOMIC CRIMES AFFECT PEOPLE'S SENSE OF SOCIETY'S
FAIRNESS, CRIME CONGRESS' COMMITTEE 1 TOLD
Activities such as drug trafficking, exploitation of natural resources, corruption and
misappropriation of funds from banks affected the economic well-being of the people, the
representative of Thailand, the Host Country to the Eleventh United Nations Congress on Crime
Prevention and Criminal Justice, told the Congress' Committee I today.
i-Newswire, 2005-04-20 - The consequences of such activities, he said, went well beyond financial
loss and the economic well-being of society. It was important that people felt they were living in
a fair and just society and, if economic and financial crimes were not checked, people would begin
to feel increasingly resentful.
He said people who were behind financial crimes were usually smart and sophisticated, making use of
financial resources to build extensive connections with law enforcement officials. Authorities had
to fight interference from influential powers, and that was often more difficult than the
investigation itself. Strong political will and government commitment was needed to fight such
crime. If the perpetrators were members of the government, decisive and swift action would restore
society's confidence in government policy on the issue.
During consideration of today's topic: "Economic and financial crimes: challenges to sustainable
development", delegates deliberated on the need for a new convention on money-laundering and the
need to share national experiences and cooperate internationally in combating the scourge.
Implementation was the one theme he would like to see emerging from the discussion, the
representative of the United Kingdom said, referring to the fact that four United Nations
conventions -- the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
the Convention against Transnational Organized Crime, the Convention against Corruption and the
Convention for the Suppression of the Financing of Terrorism -- all included provisions to combat
money-laundering, but had a poor record in implementation.
On the other hand, Brazil's representative said the main obstacle in the fight against international
crime was the lack of international cooperation. International cooperation in the fight against
international crime seemed to be a kind of taboo. Although his country had received help from
Nigeria in solving an important case, there were lots of cases where it could not get cooperation
from other countries because of a lack of a "culture of cooperation".
The representative of the United States drew attention to the fact that apart from the four United
Nations Conventions, which more countries should ratify, there were also the 40 recommendations of
the Financial Action Task Force. They had been endorsed and recognized as the single international
standard by the International Monetary Fund and World Bank and embraced by the twentieth special
session of the General Assembly as the international standard. "We should not risk creating
conflicting guidance and obligations in this area", she said, opposing elaboration of a new
convention.
Turkey's representative, however, supported the High-Level Panel's recommendation to draft an
international convention on money-laundering. Such a convention, he said, could make non-mandatory
provisions of other United Nations conventions mandatory and adherence to the Financial Action Task
Force recommendations universal.
Nigeria's representative said that corruption, as well as economic and financial crimes, had
distorted the image and reputation of his country. He stressed that Nigeria would tolerate the
problem no more. It had charged five of the largest banks for allowing the flourishing of
corruption in his country, the biggest problem facing African countries. Nigeria had brought
several highly placed people to justice, including the President of the Senate, for embezzlement.
"There is a revolution taking place in Nigeria today, and we are proud of it", he said. Today,
Nigeria was the number one country in fighting corruption and was becoming a sort of model on how to
combat economic and financial crimes.
The representative of Argentina addressed the problem of conceptualization of and defining economic
and financial crimes. He said that conceptualization could be an interesting but difficult subject,
since under the terms of economic and financial crime a whole series of crimes could be included
that was already covered by the criminal code. Tax evasion, for example, was in many countries not
an offence, and there were many obstacles in international legal cooperation in dealing with that
crime.
Also speaking today were the representatives of the Republic of Korea, Italy, Morocco, Luxembourg
( on behalf of the European Union ), Australia, Mauritania, Cameroon, Norway, Denmark, Venezuela,
Ukraine, Switzerland, Finland, Philippines, Germany, France, Sri Lanka, Spain and Peru.
Representatives of the Council of Europe and the Asia Pacific Group on Money-Laundering addressed
the Committee as well, as did the representatives of two non-governmental Organizations: Japan
Federation of Bar Associations and Asia Crime Prevention Foundation.
With today's discussion, the Committee I concluded its consideration of economic and financial
crimes: challenges to sustainable development.
Background
Committee I of the Eleventh United Nations Congress on Crime Prevention and Criminal Justice had
before it a working paper prepared by the Secretariat on Economic and financial crimes: challenges
to sustainable development ( document A/Conf.203/7 ), defining "economic and financial crime"
broadly as any non-violent crime that results in a financial loss. A list of economic crimes
includes cartel offences, fraudulent practices, computer crime, violation by a company of standards
of security and health concerning employees, fraud to the detriment of creditors, unfair competition
and fiscal offences. Technical change has had a significant impact on overall levels of economic
and financial crime.
According to the working paper, understanding the impact of economic and financial crime in the
current global context, and on developing countries in particular, is complicated by the difficulty
of determining an all-encompassing definition of the concept and by the fact that both the extent
and costs of such crimes are difficult to measure. There is growing evidence, however, that
economic and financial crimes are increasing, mostly in sectors affected by rapid advances in
technology.
One area requiring particular attention is money-laundering, given its links not only to other areas
of illicit activity in the financial sector, but also because of its use by organized criminal
groups involved in a variety of illegal activities. The High-Level Panel on Threats, Challenges and
Change suggests that a global legal instrument is required on money-laundering. That provides a
renewed focus on the effectiveness of current arrangements and the viability of possible future
arrangements to counter the laundering of criminal proceeds.
Available evidence also suggests that the costs of economic and financial crime, while often eluding
exact measurement in the short term, are severe for many societies seeking to achieve sustainable
levels of development. Such practices undermine, in the medium and long term, effective economic
management, transparent practices and the rule of law. They also benefit only a few people in
society, leaving the majority poorer and with fewer resources.
The working paper recommends that the Congress consider:
-- Establishment of mechanisms at the national, regional and international level to improve data
collection on economic and financial crimes;
-- Ways to improve the global legal framework to counter economic and financial crimes;
-- Provision of effective technical assistance to developing countries to improve their capacity to
confront the problem;
-- Agreement on measures to improve cooperation between government and the private sector in
preventing such crimes; and
-- Identification of effective measures to curb money-laundering in countries where participation in
the "formal" financial system is low, including in the areas of research, training, skills
development, technical assistance programmes and regional and international cooperation.
Statements
PRIDIYATHORN DEVAKULA, Governor, Bank of Thailand, said it was well known that activities such as
drug trafficking, exploitation of natural resources, corruption and misappropriation of funds from
banks affected the economic well-being of the people. The consequences of undesirable activities
went well beyond financial loss and the economic well-being of society. More important was the
feeling among the people that they were living in a fair and just society. When economic financial
crimes were committed, prompt action against the perpetrators was needed. If left unchecked, people
's feelings of resentment would accumulate. They would feel alienated and resent their governments.
The feeling that one lived in a fair society was even more important than economic well-being. The
question was how to prevent feelings of resentment from deepening.
The harmful consequences of normal crime were easily felt and observed, he said. Common crimes were
also less likely to be compromised in the law enforcement process. Economic crimes did not have
direct and immediate impact due to their non-violent nature. Hence, such crimes did not receive
public attention. People who were behind financial crimes were usually smart and sophisticated,
making use of financial resources to build extensive connections with law enforcement officials.
Authorities had to fight interference from influential powers, and that was often more difficult
than the investigation itself. Strong political will and government commitment was needed to fight
such crime. Economic and financial crimes were destructive enemies of nations. Governments needed
to fight against financial crimes in every shape and form. Stock price manipulation, insider
trading, while not directly harming people's lives, made people feel slighted. If the perpetrators
were members of the government, decisive and swift action would restore society's confidence in
government policy on the issue.
Cross-border economic crime was more difficult to combat, he added. The Congress was a good example
of collaboration at the international level. Modern forms of such crimes could be seen in cases of
individual businessmen from big countries moving into small countries under the pretext of
technological advancement. There were cases of certain medicines banned in more developed markets
which could be found on the shelves on less developed markets. In such cases, it was clear that the
small nations were being exploited by bigger nations with greater economic clout. He did not have a
solution to the problem, but only hoped that an internationally neutral body such as the United
Nations would look at the issue of economic exploitation of smaller nations and set appropriate
rules of the game. Protecting the interests of smaller nations would help those in developing
nations think they were living in a fair world.
MARY LEE WARREN ( United States ) concurred with the assessment of the discussion paper regarding
the seriousness of transnational economic crime and the harm it caused to the well-being of many
people. Her country had updated existing laws on money-laundering after 11 September. She did not,
however, join in the suggestion that there was a compelling need for a new convention on
money-laundering. She disagreed that existing mechanisms were inadequate. Four United Nations
Conventions currently addressed that matter, including the Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, the Convention against Transnational Organized Crime,
the Convention against Corruption and the Convention on the Suppression of the Financing of
Terrorism. Those instruments covered the spectrum of serious crime, and statistics showed that 163
countries had criminalized money-laundering beyond drugs, and 113 countries had criminalized
terrorist financing.
There was still much work to be done with the existing conventions before determining that there was
need for yet another convention, she said. That would be premature. Rather, all countries should
be encouraged to ratify the existing treaties, implement them and provide the basis for
international cooperation. In addition, the 40 recommendations of the Financial Action Task Force
( FATF ) were the universally recognized international standards for anti-money-laundering efforts.
"We should not risk creating conflicting guidance and obligations in this area", she said.
She said the Tasks Force's 40 recommendations had been endorsed and recognized as the single
international standard by the International Monetary Fund and World Bank. At its twentieth special
session, the General Assembly had, in resolution S-20/4 embraced the recommendations as the
international standard. Another concern was that the Secretariat had suggested that a
money-laundering convention might be too difficult to undertake and that a more limited approach
should be taken, one that focused on the Internet. Her country opposed such a piecemeal approach
since the focus would be solely on the instrument or conduit used to commit the crime, rather than
the type of particular offences.
NAM-GEUN YOON ( Republic of Korea ) said technology was being used exponentially in economic
financial crime, adding sophistication to traditional crime. It was timely that the Congress would
focus on high-tech crime under the broader rubric of economic and financial crime. National borders
were becoming irrelevant as world financial systems became increasingly integrated. Over the last
10 years, the Republic of Korea had had many high-profile cases. The country had made sacrifices to
deal with financial debt in the wake of fraudulent lending schemes. The Government had initiated a
series of measures in that regard. Unfortunately, the number of financial crimes was on the rise.
While about 33,000 cases had been reported in 2001, in 2004, the number had increased to about
68,000. What was even more alarming was the number of minors involved in cyber crime.
In the Republic of Korea, new crimes were exploiting high-tech advances both at home and abroad, he
said. Law enforcement agencies needed a system that facilitated information sharing to address the
global threat of e-crime. Identity theft was usually associated with other crimes and, as such,
needed to be criminalized. In 2001, the Republic of Korea had enacted a law that prohibited public
associations from providing information to third parties. Money-laundering was also a problem, and
the proceeds of such crime were often used to commit other crimes. Money-laundering, however, was
not a punishable crime in itself, and legislation was needed to outlaw that form of financial crime.
With advanced information technology, national boundaries were no longer the obstacles they once
were in carrying out financial and economic crime. To stem the tide of financial and economic
crime, advanced nations needed to provide developing countries with financial, educational and
technical assistance. The Republic of Korea was poised to provide its expertise in that regard.
NUHU RIBADU ( Nigeria ) said that, in his country, addressing economic and financial crimes had been
problematic for a long time. However, those crimes had now been identified as the biggest problem
facing the country, and the battle against corruption and economic and financial crimes was on. The
Government had established a high-powered commission in 2003 to address the problem. Tragically,
economic and financial crimes and corruption had distorted the image and reputation of Nigeria. His
country was one of the largest oil producers in the world, but had a big problem of theft of crude
oil, mainly by foreigners. The Commission also addressed that problem.
He stressed that Nigeria would tolerate the problem no more. It had charged five of the largest
banks for allowing the flourishing of corruption in his country, the biggest problem facing African
countries. Nigeria had brought several highly placed people to justice, including the President of
the Senate, for embezzlement. "There is a revolution taking place in Nigeria today, and we are
proud of it", he said. The problem had to be solved to regain the respect of the international
community.
He said his country had also developed strong international working relations, among others with the
Interpol and the Europol, the United States, South Africa and the United Arab Emirates, because most
of the crimes were transnational, and money was being brought out of the country. Moreover, his
country was working with the Financial Action Task Force. Today, Nigeria was the number one country
in fighting corruption and was becoming a sort of model on how to combat economic and financial
crimes.
BRUNO BURATTI ( Italy ) noted that, for some time, the fight against organized crime had focused on
the economic context. The acknowledgement of the presence of illegal financial flows and their
effects on the economic system as a whole had created a growing awareness of the need to fight
economic crimes. The fight against economic crime, in particular money-laundering, must be carried
out with both a repressive approach and a preventive approach. In that regard, Italy had seen
significant innovation in terms of broadening the range of illegal activities. Regarding
prevention, it was important to, among other things, report suspicious transactions. Re