 |
Money LaunderingMoney laundering into the United States still appears to be a significant past time of Jamaican Nationals. Is Jamaica a narco-democracy where big spenders with narcotics-related income can essentially do as they please? See New York Review of Books, Volume 42, Number 6, April 6, 1995. Just like Columbia, Jamaica has lost control over portions of its territory (Spanish Town), and the Government through its errant fiscal policy, appears to condone money laundering. Money laundering is the attempt to conceal or disguise the nature, location, control or ownership of money. See SARO v. U.S., 305 F.Supp.2d 1330 (S.D.Fla. 03/1/2004). Money laundering and drug trafficking are criminological twins. Where you see one, you are likely to see the other. The United States has tried to curtail money laundering at the Federal level through the passage of Statute: the Bank Secrecy Act of 1970, the Money Laundering Control Act of 1986, the Anti-Drug Abuse Act of 1986 and the Money Laundering Suppression Act of 1994 are the major Federal statutes in effect. The Bank Secrecy Act led to the requirement for American banks and securities firms to report currency transactions in excess of ten thousand dollars on a Currency Transaction Report (‘CTR’). Similarly, the Currency Transaction Reports are required for individuals who are physically transporting currency or bearer instruments in amounts over ten thousand dollars into or out of the United States on special Currency or Monetary Instruments Transaction Reports. (‘CMIR’). Many Jamaicans are arrested or have their money seized in Florida for failure to file appropriate CTRs or CMIRs. For instance, it is against the U.S. Law to Federal Express a U.S. dollar cheque from Jamaica to the United States without the proper reporting being done, if the cheque exceeds ten thousand U.S. dollars. It is equally culpable to send the cash out in trailers, barrels or private aircraft. Perhaps the frequency of these ‘cash’ incidents, will lead to greater focus in Jamaica. When Jamaicans are in the United States, it is illegal for them to travel to Jamaica with the sum of over ten thousand U.S. dollars on their person without declaring said sum to Jamaican Customs. A point which has not yet been grasped by Informal Commercial Importers (‘ICIs’) in Jamaica. Most Jamaican police officers are honest, loyal and brave; however, there are a few Jamaican police officers who have standards of living and houses in Jamaica which appear to be thoroughly inconsistent with their Jamaican income from working with the Jamaican police force. If the money did not come through salary with the Government, where did it come from? Certainly, the American Government would have a legitimate concern if there were enough cases of junior Jamaican police officers owning palatial mansions. This type of evidence, though circumstantial, is probably indicative of money laundering and if a U.S. nexus is proven, a U.S. indictment could follow. I assume that nothing is now hidden from the U.S. Marshals who seem to have a well-equipped office in Kingston. I am not sure that Marcus Garvey would have approved of U.S. Marshals on Jamaican soil.
By: Dr. David P. Rowe May 26, 2005
Copyright © 2005 The Law Offices of David P. Rowe & Rosemarie D. Robinson. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
Click here to view David P. Rowe's Profile
Return from Money Laundering to Constitution and Rights |