Financial Crime Trends to Watch in 2023

  • Security
  • 02.12.2022 09:20 am
As a global recession looms, fraud and cybercrime will increase - with mortgage fraud using deepfakes and synthetic IDs one to watch:

Iain Armstrong, Regulatory Affairs Specialist at ComplyAdvantage:


“While virtual/remote onboarding has generally been a societal positive in terms of widening the accessibility of financial services, it has also created new ways for criminals to game the system. The technology to digitally fake a person’s identity has worrying implications for bad actors.
We may see firms responding to this increased threat by introducing more friction in their onboarding processes, and seeking new forms of data for identifying and authenticating prospective customers.”


"Balancing the customer preference for slick, straight-through onboarding processes against the need for organisations to protect against criminal activity remains a difficult task. State-supported digital identity initiatives, such as the European’s Union’s EUDI Wallets, and the eIDAS 2.0 regulation which will underpin EUDI, may hold the answer - although previous attempts to achieve similar goals have been marred by a lack of uptake and differing opinions between national governments as to to the most effective means to implement and maintain such a system.”  

Crowdfunding and social media platforms take centre stage in the fight against terrorist financing
 
‘Super apps’ going beyond their core functionalities could see new fraud risks emerge
Alia Mahmud, Regulatory Affairs Specialist at ComplyAdvantage:
 

“From WeChat to Alipay, super apps are the norm in the East and this trend is now moving towards the West with the rise of all-in-one apps resulting in billions of people carrying out a large part of their mobile activities from a single app, from messaging friends, ordering products and services, ridesharing and banking. Although they offer convenience to consumers, they’re also convenient for fraudsters. With a platform to collude on and share information through, criminals can target super apps for account takeovers, to set up fake accounts using stolen personal details, abuse referral systems, and commit payment fraud."


"With talk of Meta, Twitter, and Uber going ‘super’ with the introduction of features like payment services, traditional fraud prevention methods might become ineffective. Any firm considering this route needs to ensure its processes, controls, and technology can effectively detect and prevent financial crimes. Otherwise, these apps will be vulnerable to criminals.” 
 
Brace for big fines: Russia sanctions enforcement is coming
Alia Mahmud, Regulatory Affairs Specialist at ComplyAdvantage:

“The Russia - Ukraine conflict has paved the way for greater cooperation and an enhanced partnership between the UK and US Treasuries. This enhanced partnership between the UK Treasury’s Office of Financial Sanctions Implementation (OFSI) and the US Treasury’s Office of Foreign Assets Control (OFAC) will not only facilitate the sharing of information and best practices but will also allow enforcement actions to be scaled at large."

"Attorney General Merrick Garland stated in March that the U.S. government would “leave no stone left unturned” when enforcing U.S. sanctions violations. In June, Deputy Attorney General Lisa Monaco likened the DOJ’s dedication to sanctions enforcement to its previous focus on the Foreign Corrupt Practices Act (FCPA). Monaco explained that the DOJ has brought “a new level of intensity and commitment to sanctions enforcement,” such that sanctions enforcement is “the new FCPA.” 

"Keeping in tune with the US Treasury, the new OFSI strict liability test for imposing civil monetary penalties which came into force on June 15 2022 indicates a shift in attitude toward enforcement actions. Where previously the OFSI was required to prove that the relevant person had knowledge or reasonable cause to suspect that they were breaching financial sanctions, now the OFSI will simply be required to prove that there was a breach of financial sanctions by the relevant person. This change also reflects the U.S. financial sanctions model of strict liability and will make it significantly easier for OFSI to impose monetary penalties on companies and individuals who breach sanctions, including for inadvertent violations.”

"With the dizzying economic sanctions and export controls directed against the Russian government, Russian banks, operating companies, and individual firms might find themselves subject to monetary penalties for inadvertently subverting these sanctions, leaving them exposed to significant fines. This will put a greater burden on compliance teams who are already grappling with a litany of financial crimes and terrorist financing threats to mitigate, and firms struggling to retain staff and business in these tough economic times.”

 
 
As the global environmental crisis accelerates, so too will fraud and exploitation risks 
 
 
Circular scams related to carbon offsetting will likely increase
Alia Mahmud, Regulatory Affairs Specialist at ComplyAdvantage:

 
“With no laws governing the voluntary carbon offsets market, critics call it the ‘wild west of carbon markets’ with poor transparency credentials. The offset model rests on the idea that carbon emitted in one part of the world will be reabsorbed in another. This has led to land grabs in areas where indigenous rights are not well recognised. It also disadvantages for poorer countries to account for their own emissions. Offsetting incentivises the commodification of nature and allows powerful corporations to take over the lands of vulnerable communities, risking human rights abuses. When credits are sold for projects that would have happened anyways, there is a problem.”

"Oxfam has calculated that the fossil fuel industry alone could require 500 million hectares of land to offset its emissions by 2050 to reach net zero. With a shortage of land and increase in greenhouse emissions, the risk of circular scams to carbon offsetting in an already unregulated industry is likely to increase.”   
 
 
As firms look to establish their ESG credentials, some will resort to “greenwashing”
Alia Mahmud, Regulatory Affairs Specialist at ComplyAdvantage:

 
“This year British Gas has been accused of misleading tens of thousands of customers by selling them “green energy” that may have no environmental benefit. The energy giant claimed to reduce its carbon footprint by using carbon credits which pump money into environmental work abroad, but an investigation found that almost half the carbon offsets held by British Gas owner Centrica are ‘junk credits’ that were issued under a discredited scheme, with nearly half of them having been banned from trading in the EU from 2013.”

"This example underlines that the sale of carbon credits is an unregulated activity. The FCA has rightly warned about scams in this space, and with many firms providing little to no transparency into their projects, it is easy for companies to ‘greenwash’ their credentials and activities behind the smokescreen of ‘net zero’. Regulators have yet to define a supervisory and enforcement framework for ESG initiatives that ensures consumers and the environment are protected. This may well be coming in 2023.”

 
2023 is set to be a year of unprecedented regulatory change
 
Globally, the crypto regulatory wave is coming
Major legislative changes are planned in the EU with its MiCA bill, and in the US with the Lummis-Gillibrand bill. As two of the world’s powerhouse markets, reforms here will surely ripple around the world.
 
From consumer duty to economic crime, the UK’s financial services landscape is being fundamentally changed
Alia Mahmud, Regulatory Affairs Specialist at ComplyAdvantage:

 
“Effective July 31, 2023, Consumer Duty will apply to new products and services, and existing products and services that remain on sale or open for renewal.”

"The FCA has termed the Consumer Duty as a ‘“paradigm shift” with the FCA wanting to see firms deliver a higher standard of customer care and protection, and to go further to equip consumers to make effective decisions in their interests. The final rules were published on July 27 2022 and firms are required to implement these rules for existing and new products and services by July 31 2023. Correct implementation requires a cultural shift in most organisations, requiring the right governance, systems, and controls to be embedded.”

"Under the new Duty firms will be required to review and potentially rewrite their product governance policies to ensure customer outcomes are considered across the product lifecycle, from inception to design, pricing, delivery, post-sales, and termination. The FCA expects firms to collect data and metrics that evidence fair outcomes for customers across this lifecycle. This requires firms to build out robust data analytics and data warehousing for reporting these metrics to satisfy themselves that the data they are collecting will enable them to identify and prevent potential problems before they occur.”

"Although the Consumer Duty gives rise to a new consumer principle i.e. a firm must act to deliver good outcomes for retail customers, it remains to be seen how compliance will be enforced. Rigorous enforcement will be important to ensure this becomes more than simply a tick-box requirement for firms.” 
 
FinCrime hotspots to watch in 2023
 
Iran: Protests across the country have created a level of uncertainty not seen in the country for decades
Russia, China, and the end of global payments
North Korea: While many observers have been focused on Russia and Ukraine, in 2022 North Korea conducted a record number of missile tests.
Democratic Republic of Congo, Tanzania, and Mozambique - All three countries were placed under enhanced monitoring in 2022 by the global supervisory body the Financial Action Task Force. 

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