The Economic Implications of Money Laund PDF
The Economic Implications of Money Laund PDF
The Economic Implications of Money Laund PDF
Abstract The effect of money laundering in frustrating legitimate business, and in corrupting the financial and
socio political system should not be taken for granted. It is against this backdrop that this study
seeks to examine the economic implication of money laundering in Nigeria. The accidental sampling
method was used in the selection of 635 persons out of which 624 representing 98.27% of the
sampled persons completely filled and returned the questionnaires administered to them. Data
collected were analyzed using the simple percentages method, the first hypothesis was tested using
the chi-square test and it was found that money laundering do have significant effect on Nigeria’s
economy with f-ratio of 476.163> f-critical of 12.592 at 0.05 level of significance with 6 degree of
freedom, thus, the null hypothesis was rejected and the alternative was accepted. The ANOVA test
on the second hypothesis confirms that Anti Money Laundering policies in Nigeria has not
significantly reduce money laundering in Nigeria with f-ratio of 2.685 < f-critical of 5.987 at 0.05
level of significance with 1 to 6 degree of freedom, thus, the null hypothesis was accepted. The study
recommends more effective coordination of all institutions on the fight against money laundering by
the EFCC, and a full, effective and efficient investigation of corruption reports by the ICPC.
Key words EFCC, Economic distortion, ICPC, Legitimate business Money Laundering
1. Introduction
Money laundering is the concealment of the source, nature, existence, location and disposition of
money and/or property obtained illegally or from criminal activities such as embezzlement, drug trafficking,
prostitution, 419, corruption and large scale crime. It is a process by which “dirty” money generated by
criminal activities is converted through legitimate business into assets that cannot be easily traced back to
their illegal origins. In recent times, money laundering had gain high recognition as global trend. According to
Steel (2006), money laundering is said to be what it is because it shows how “illegal” and “dirty” monies are
put through a cycle of transactions and washed, so it could come out as clean/legal money. This means that
the source of this fund (illegal money) is obscured through a succession transfers and deals that those same
funds can eventually be made to appear as good money. In the Dictionary of Finance and Banking (2008), this
term “money laundering” was refers to as a process where money is acquired illegally either through theft,
drug dealing etc, is cleaned so that it will appear to have come from a legitimate source.
The origin of this “devil” (money laundering) could not be ascertained by anyone, but there are several
opinions that it started several thousand years ago with Chinese merchants. In the words of silkscreen (1994)
and Steel (2006) they claimed that it all started from Mafia Ownership of Laundromats, in the United States
where they needed to prove the genuine source for their monies, as they earned their cash from extortion,
prostitution, gambling and bootleg liquor. Also according to silkscreen (1994), the development of money
laundering was for trade and that Nigeria as a country is the centre of money laundering in Africa. Nigeria’s
historical record of exploitation goes as far back as when her people were used as slaves under British colony
and as an independent and a sovereign country experiencing transition from a military dictatorship to a
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democratic form of government after over 16years of military rule. Now, with the democratic form of
government, money laundering is still on the increase.
With this rate of scans in Nigeria financial sector, the law enforcement decided to come up with
legislative act called the money laundering (prohibition) Act 2004, this was followed by the Central Bank of
Nigeria (CBN) Anti-money laundering compliance manual guidelines from Economic and Financial Crimes
Commission (EFCC, 2003), Independent Corrupt Practices Commission ICPC, 2000). All agencies were changed
with the responsibility of fight against money laundering and enforcement of all laws dealing with economic
and financial crimes in Nigeria.
2. Literature review
Conceptualizing money laundering has gain the attention of many scholars and agency overtime. The
draft Article 1 of the European Communities Directive (1990) defines money laundering as the conversion or
transfer of property, knowing that such property is derived from serious crime for the purpose of concealing
or disguising the illicit origin of the property or of assisting any person who is involved in committing such an
offence(s) to evade the legal consequences of his action and the concealment of disguise of the true nature,
source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such
property is derived from serious crime. According to Robert ‘et al (2006) money laundering commonly follows
the commission of a crime. He said that the process by which criminals attempt to hide or disguise the true
origin and ownership of their ill-gotten wealth (an overview for members’ guidance for Institutes of Chartered
Accountants of Nigeria (ICAN).
Ohanyere (2003) view money laundering as the procedure by which the proceeds of illegal acts are
converted into apparently legal activities thus concealing their criminal origin. In a simple language it involves
cleansing (laundering) dirty money in order to cover its dirty or illegitimate origin. It is an essential
transformation process for the proceeds of crimes such as armed robbery, prostitution, gambling, arm deals,
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fraud, sales of hard drugs and any other act which the law and society prohibit. Hence, money laundering is
the integration of illicit funds into the main stream of legitimate finance in order to conceal the criminal
sources and nature of such funds and ultimately making the funds look clean. It is the smuggling in of funds
with criminal intention into the channel of the legitimate financial system. The Association of Certified Fraud
Examiners defines laundering as the disguising of the existence, nature, source, ownership, location and
disposition of property derived from criminal activity. Osisioma (2009) refers to money laundering as a
second-order financial crime which derives from an underlying criminal activity often called predicate offence.
It generates proceeds which when laundered results in the offence of money laundering. Still in his words
money laundering is often a cross-border crime. Salinger (2005) opined that money laundering takes several
different forms although most methods can be categorized into one of a few types such as bank methods,
smurfing, currency exchanges and double – invoicing Financial Institutions over the years have made efforts in
detecting and preventing money laundering but the main attribute of money laundering are its processes in
which it is carried out. It has be argued that money laundering does not take a singular act but takes a more
complex operation, which is completed in three basic steps (Anon, 2006).
PLACEMENT
Cash deposited into accounts
LAYERING
Funds moved into other institutions to obscure origin
INTEGRATION
Funds used to acquire legitimate assets
Adopted from Robert ‘et al (2006) “Niger Delta Peace and Security Strategy Working Papers, Money Laundering
and Nigeria.
Figure 1.
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to hindrance that hampered the surge of investments and economic development in the country, even to this
moment.
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artificial inflow and outflow of capital and investments from one country to another would have weakening
effects on the international financial markets due to its integrated nature. Therefore, a distortion of this
nature means that financial difficulties arising from one financial centre can easily spread to other financial
markets and therefore stall economic growth and create financial instability. In this context for instance, the
Nigerian economic policies in the 80s and late 90s endured serious economic distortions channeled
predominantly by money laundering activities as well as other economic and financial crimes through
diversion and redirection of capital from sound to low quality investments (CBN Report, 2000). It was not for a
while for the consequences of these criminal activities to reflect on the financial system of the country. Major
financial institutions in the country, primarily banks, collapsed midstream and were officially liquidated as a
result of diversion of Funds (NDIC Report, 2003). Also, many other financial institutions endured untimely
distress and in some cases, total collapse as deposits of the illicit proceeds of money laundering activities
lodged in these financial institutions disappeared ceremonially and within a short period of time.
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policies if not properly monitored, can also serve as a venue to accommodate and integrate illicit drug funds
and ill-gotten wealth from corruption and embezzlement of public funds. So much so that EFCC Nigeria in a
report stated that the privatization exercise in Nigeria was being threatened by the involvement of funds from
questionable sources Kola el at, 2006).
Reputation Risk
With the increasingly infiltration of money laundering activities in the economies of the developing
countries along with lack of transparency and high level of corruption, developing countries having been
finding it difficult to attract foreign investments which are contributory factors to economic development and
financial stability. The negative damaging reputation attributed to these activities reduces legitimate
international opportunities and sustainable economic growth and, on the other hand, drawing international
organized criminal groups with undesirable reputations and temporary goal, therefore diminishing
development and economic growth (John and Gary, 2001). On this basis, most developing countries
characterized with high level of corruption, insecurity, economic and financial instability and social unrest,
have persistently failed to attract adequate foreign investments to boost their economic and financial growth.
In practice, international financial markets as well as investors only extend their ventures and investments to
an economic environment perceived to be investor friendly (Hans and Oliver, 2007). In this context, as a case
study, Nigeria today is struggling with the huge task of providing an investor-friendly economic environment
short of market manipulation, insider trading, money laundering, advance fee fraud, insecurity and other
forms of corruption and financial abuse practices, in its quest to attract adequate foreign investments. The
dominance of economic and financial crimes in the country has been, to a degree, liable for this lack of
adequate foreign inflow of investments. In its report, the World Bank alleged that the Nigerian government
misappropriated about, sixty five billion Naira (N65 billion) out of the $ 458 million repatriated to Nigeria by
the Swiss government (Tribune 2006). This was the money hidden in Swiss Banks by the country’s late head of
state, General Sani Abacha. Furthermore, The 2002 Report of the Accountant General of the Federal Republic
of Nigeria on the management of the country’s finances in year 2001 was sated with copious occasions of
financial irregularities, non- compliance with standard financial procedures varying from lack of audit
inspection, over invoicing, non- retirement of cash advances, payment for contract not executed, double
debiting, lack of receipt to back up purchases made, and release of monies without prior approval from the
appropriate authority (Guardian, 2007). The cumulative effect of the above development has been attributed
as one of the reasons why the Financial Action Task Force (FATF), until May 2006, retained Nigeria in the list of
Non- Cooperative Countries and Territories (NCCTs).
Loss of revenue
Money laundering, amongst other economic and financial crimes, is a source of reduction of
government revenue (Maiendra, 2008). In essence, the phenomenon of money laundering, together with
other economic and financial crimes, reduces government tax revenue. Maiendra Moodley in her article
stated that money laundering and its predicate offences are factors that contribute to the tax gap, as these
activities decrease the amount of tax collected in South Africa. The tax gap in Africa is has been estimated to
be over 40 percent, while South Africa loses an estimated sum R30 on from tax invasion and other tax related
fraud. The South African Revenue Services (SARS), in its review in 2006, declared that that between 25 and 35
percent of all domestic businesses did not pay income tax, and that a large number of individuals were not
registered as taxpayers. These businesses and individuals would then need to launder the income that they
received, and/or hoard this income to avoid being detected by. As a result, government revenue was reduced
due to tax evasion, therefore impeding service delivery.
In Farrugia (2009), the following are some of the effects of money laundering in an economy.
I. Increased criminality
The rise of criminality is one major effect and a concern in money laundering. The success of money
launderers is the distance they create between themselves and the criminal activity producing profit, so that
they could enjoy the benefits of their crime without attracting attention and could also go to the extent of
reinvesting the profits to finance other crimes so government, legislative act and other enforcing laws make
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effort to make the crime not worth committing. To this effect, Nigerian especially the politicians/rulers of the
country take risky step in committing outrageous crimes by stealing and moving money out of the country
into fictitious account, all in the name of developing the country.
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narcotic drugs and psychotropic substances, proceeds, property, objects or other things related to the
commission of a money laundering offence: (a) place any bank account and account comparable to a bank
account under surveillance; (b) place under surveillance or tap any telephone line; (c) have access to any
computer system; and (d) obtain communication or any authentic instrument or private contract, together
with all bank, financial and commercial record, when the account, telephone line, or computer system is used
or may be used by any person suspected of performing or taking part in a transaction involving the proceeds,
property or things or when the instrument, contract or record concern or may concern the transaction. Also,
in section 12 the decree set up Military style tribunals under the Special Tribunal (Miscellaneous Offence)
Decree 1984, as amended try offences under this decree. Further provisions of the decree created severe
penalties for offences relating to money laundering and financial crimes, ranging from long jail sentences,
heavy fines and forfeiture of assets.
However, as much as the decree was intended to resolve the menace of money laundering practices,
there were apparent loopholes that militated against its effective implementation (Okogbula, 2007). In the
context of Nigeria, this is not unexpected, because the typical pattern of legislation in the country hardly takes
perception of all the conditions before a law is enacted. This problem was more apparent during the military
rule where decrees were rolled out after meetings of the military-dominated ruling councils without
legislative debate. The ineffectiveness of the decree in combating money laundering and a presumed
conception of the country’s political administration’s unwillingness or inability to address the menace led to
the country being placed on the NCCTs list in June 2001. In response, the succeeding democratic government
considerably improved willingness to address the country’s anti-money laundering deficiencies and also
cooperate more with FAFT. Thus, on 14 December 2002, Nigeria enacted the Money Laundering Act
(Amendment) Act 2002. In essence, the Act improved the scope of the 1995 Money Laundering Decree by
expanding predicate offences for money laundering from drugs to “any crime or illegal act. The Act also
expanded particular AML obligations to non-bank financial institutions, and extended customer identification
requirements to include frequent transactions of USD 5,000 or more. Furthermore, in December 2002, Nigeria
enacted the Economic and Financial Crime Commission (EFCC) (Establishment) Act. The EFCC was
commissioned in April 2003 and was charged to investigate money laundering cases from predicate offences
other than drug trafficking and in addition to enforce the money laundering legislation of 1995 (as amended
in 2002).
Flowing from the Implementation Plan prepared by an inter-agency technical committee, set up by the
EFCC in 2003, the Nigerian Financial Intelligence Unit (NFIU) was also established. The NFIU draws its power
from the EFCC Establishment Act 2004 and the Money Laundering (Prohibition) Act 2004. In shaping its
creation and operation, abundant cognition was taken of Recommendation 26 of the FATF, Article 7 (1) (b) of
the United Nation Convention against Transnational Organized Crime (Palermo Convention), the statement of
Purpose of the Egmont Group of Financial Intelligence Units, and Articles 14 & 58 of the UN Convention
against Corruption. All these provisions point to the need for every jurisdiction to create a national central
body responsible for the collection and analysis of data for the purpose of referring financial information on
suspected money laundering activities to the appropriate law enforcement agency and regulatory/
supervisory institution (Guff, 2005).
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prosecution in several courts in Nigeria and over 1500 other cases in court and secured over 600 convictions.
The Commission successfully prosecuted one of the biggest fraud cases in the world involving about $242
million arising from a bank fraud in Brazil. It has increased the revenue profile of the nation due to its
collaboration with the Federal Inland Revenue Service and the Seaports and has recovered revenue in excess
of N75 billion,(over $500million US Dollars) for government.
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naira may be charged under the Exchange Control (Anti-Sabotage) Act, which carries a minimum penalty of
five years in prison for individuals, and a fine of N 100,000 (US $1000) form corporate enterprises. Legal
persons can also be charged with money laundering under the National Drug Law Enforcement Agency
(NDLEA) Act, which carries a penalty of ten years to life in prison, and forfeiture of assets. If a bank fails to
report transactions for amounts over a half million naira, it may carry a penalty of imprisonment, fines, or
both. Corporations convicted of such an offense may be forced to forfeit its property and assets. The CBN also
has a responsibility to coordinate efforts among financial organizations to increase efficiency in regulatory
oversight. This is done through the Financial Services Regulation Coordinating Committee (FSRCC),
representing a framework for coordination of regulatory and supervisory activities in the Nigerian financial
sector. Alongside the work of the CBN to monitor the banking sector the Nigerian Stock Exchange has a
number of structures and measures in place to check money laundering in Nigeria. These include a Central
Securities Clearing System (CSCS) aimed at making transactions more transparent, Administrative Guidelines
to ensure the proper documentation of legitimate capital importation through Nigerian banks, a Know Your
Client Requirement and membership of the International Federation of Stock Exchanges, which subjects them
to international standards and code of best Practice. The National Drug Law Enforcement Agency Act, the
Foreign Exchange (Monitoring and Miscellaneous Provisions) Decree (previously the now repealed Exchange
Control (Anti-Sabotage) Act) and the Money Laundering Act all authorize the freezing of assets. Freezing
accounts may be administrative or judicial, coming from the Central Bank of Nigeria, or as the result of a
judgment handed by an authorized court or tribunal. Assets can be frozen at the request of another
government in cases where both governments share mutual legal treaties in cases of criminal or civil matters.
Other legislative measures that Nigeria has taken in response to combating money laundering and
other financial crimes include 1991 Banks and Other Financial Institutions Act (BOFIA), amended in 2002, 1993
Advanced Fee Fraud and Other Related Offences Decree, 1994 Failed Banks (Recovery of Debt and Financial
Malpractice in Banks) Act, 1995 Advance Fee Fraud and Other Related Offences Decree (creating “419”
offences), 2000 Corrupt Practices and Other Related Offences Act (establishing the Independent Corrupt
Practices Commission), 2002 Electoral Act (replaced 2001 Electoral Act)
3. Research Methodology
The research design used in this study is the descriptive survey method; it involves the use of
representative sample from the population. The population of the study is the entire nation. For the purpose
of this study, the non-probability sampling was applied in the selection of the sampled organizations, which
are: Nigeria Immigration Service, Nigeria Custom Service, Ministry of Finance and Post Graduate students of
the Departments of Accountancy, and Finance of the Nnamdi Azikiwe University, Awka, Nigeria.
The accidental sampling method was used in the selection of the sample size of 635 persons out of the
entire population. A total of 635 questionnaires were personally administered to the sampled persons,
however, 624 copies were retrieved fully completed. Collected data were statistically analyzed using the
simple percentages while the hypotheses were tested using the chi-square and ANOVA tools.
4. Analysis of data
The responses to the questions in the questionnaire provided the basis for the following analysis. Table
1, below present the responses to such questions on the economic implication of money laundering in
Nigeria.
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Table 1, above shows that money laundering undermines the integrity of the financial institutions and
markets with 82.05% of the respondents agreed to the fact. 66.83% are of the opinion that money laundering
could lead to loss of control of national economic policies. 91.67% of the respondents believe that money
laundering fuels economic distortion and investment instability while 52.08% thinks that money laundering
undermines legitimate public sector.49.84% of the respondents think that money laundering put the
privatization effort of the government at risk while 78.37% and 82.05% of the respondents are of the view
that money laundering will result to reputation risk and reduction of government revenue respectively.
Chi-square Table
2 2
FO Fe FO-Fe (Fo-Fe) (Fo-Fe)
Fe
512 448.29 63.71 4,058.9641 9.054
417 448.29 -31.29 979.0641 2.184
572 448.29 123.71 15,304.1641 34.138
325 448.29 -123.29 15,200.4241 33.908
311 448.29 -137.29 18,848.5441 42.045
489 448.29 40.71 1,657.3041 3.697
512 448.29 63.71 4,058.9641 9.054
112 175.71 -63.71 4,058.9641 23.100
207 175.71 31.29 979.0641 5.572
52 175.71 -123.71 1,5304.1641 87.099
299 175.71 123.29 15,200.4241 86.509
313 175.71 137.29 18,848.5441 107.271
135 175.71 -40.71 1,657.3041 9.432
112 175.71 -63.71 4,058.9641 23.100
Calculated Value 476.163
Critical value at 0.05 level of significance with degree of freedom of 6, is 12.592
Decision Rule:
Since the calculated value of 476.163 is by far greater than the critical value of 12.592 with 0.05 level of
significance and a 6 degree of freedom, the null hypothesis which states that money laundering has no
significant effect on Nigeria’s economy was rejected, while the alternative hypothesis was accepted.
Table 2, below presents the perception of respondents as to how effective are the anti money
laundering policies in Nigeria.
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Table 2, shows that the documentary trail will reduce the rate of money laundering with 61.70% of the
respondents in agreement with the assertion. 55.13% are of the view that the disclosure of transactions
above the restriction will enhance success in the fight against money laundering in Nigeria, however, 52.24%
did not agree that the EFCC is effectively coordinating the institutions involved in the fight against money
laundering, and finally, 50.16% of the respondents are not satisfied with the level of investigation of corrupt
practices report by the ICPC.
Source of Variation Sum of square Degree of freedom Mean of square f-ratio f-critical
Between Group Treatment 4,050 1 4,050
Within Group Treatment 9,050 6 1,508.333 2.685 5.987
Total 13,100
Decision Rule:
The ANOVA summary table above shows that calculated Value of 2.685 is less than critical value of
5.987 at 0.05 levels of significance and degree of freedom of 1 to 6. This implies that at 0.05 level of
significance and degree of freedom of 1 to 6, the anti money laundering policies in Nigeria has not
significantly reduced money laundering in Nigeria.
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