Economic Crime: Law Enforcement

Mims Davies Excerpts

Thursday 7th July 2022 Commons Chamber

[Kevin Hollinrake]

That is absolutely right. My hon. Friend has much experience and expertise in this area as the former Government anti-corruption champion. He is absolutely right that we are tackling this in an analogue way in a digital era, and that we need to look at it completely differently. This is about enforcement and resources, and understanding the scale of the problem and meeting that with the right scale of response. However, we also need to look at legislative areas, because there are things we could do to make sure we get a better bang for our buck from our enforcement agencies, rather than just have more and more people, and I will talk about some other measures shortly.

On my hon. Friend’s point, at the moment 0.8% of our police and enforcement agencies’ time is spent tackling economic crime. Of the 20,000 new police officers who are going to be recruited, 725 are going to be dedicated to economic crime. That is better, but it is still only 3.6% of that cohort, so he is absolutely right. Her Majesty’s inspectorate of constabulary says that 90% of cases of economic crime are not even looked at, which is shocking.

The FCA is responsible for controlling money laundering in our financial organisations. Most of this runs through financial organisations—not just through the likes of Binance, which are shadowy enterprises—and I will talk about our main institutions in a moment. For money laundering purposes, the FCA regulates 22,000 organisations, which is a huge number, of which 5,000 are defined as high-risk organisations for money laundering. Last year it did 200 checks—only 200 out of those 5,000—and some of those were desktop checks, for money laundering. I would argue that we are never going to be able to tackle this just by having more and more people, although we do need more people.

This is not just about Binance. I am sure that, sooner or later, we will catch up with Binance. At some point in time, it will be banned, fined or something. In particular, the German regulators and the US enforcement agencies are on to it. Binance is based in the Cayman Islands, as Members might imagine. This is about our UK institutions as well.

If we look at our banks, we see that they have a horrendous record. HSBC was fined £1.4 billion for facilitating money laundering for Mexican drug cartels—the Escobars of this world—in 2012. That was a £1.4 billion fine, and it was fined another £64 million in 2021 for facilitating money laundering offences. In 2019, Standard Chartered was fined £840 million in the US and £102 million in the UK. In 2021, MT Global was fined £23 million by Her Majesty’s Revenue and Customs for money laundering offences. NatWest was fined about £260 million this year, which was the first ever corporate criminal prosecution by the FCA. I welcome the fact that this year is the first time this has ever happened for historical money laundering offences. UBS has had the biggest ever fine—£3.2 billion by the French authority in 2019.

Danske Bank has facilitated £200 billion of money laundering offences, but it has not been fined yet. This has been identified, and it will be fined for the £200 billion of Russian money coming out of Russia and being spread around the world, with it all going through small banks in Estonia via Danske Bank—horrendous. We talk about how Putin funds his invasion of Ukraine. He does so by keeping a coterie of people around him who are stealing Russian assets and making him—there is no doubt about this—the wealthiest person in the world. However, we are facilitating this, because UK companies are involved in the shell companies moving that money around.

I could cite other examples of economic crime from my involvement with the all-party parliamentary group on fair business banking. Criminal fraud at Lloyds HBOS was proven in 2017, and the cover-up associated with that is an utter disgrace. We are yet to see the Dobbs review, which later this year should identify the scale of the cover-up by Lloyds of what went on at HBOS. We have also seen the problems with Royal Bank of Scotland’s Global Restructuring Group, which devastated tens of thousands of businesses, in effect by defrauding businesses of their assets. On all those occasions, all those businesses ever got was a fine. Not a single senior executive in any of those cases has gone to jail. What we need is personal liability or this stuff will just be seen as a cost of doing business. That is the reality.

[Mims Davies (Mid Sussex) (Con)]

My hon. Friend speaks with knowledge and clarity about these crimes, and about the impact on constituents and the global impact—the two are very much interlinked. Many of my constituents have been impacted, to the tune of hundreds or thousands of pounds, which then filters into the global impact. How can we tackle this problem without people feeling that the answers are beyond them? We are talking about the global scale but this is affecting individuals; the two are inextricably linked and people want to see action.

[Kevin Hollinrake]

That is the right question. These problems are not difficult to solve if people are willing to apply the right rules. On the money taken from my hon. Friend’s constituents, there is probably an organised criminal gang behind that, contacting the constituent, saying they should move the money, and when they do that the money is probably moved through a mule account in one of the major banks and then off somewhere else, offshore, and it then disappears into the ether. The reality, of course, is that the banks would clamp down on mule accounts if they had the right incentive or the willingness to do so. These crimes can be stopped, but people will not stop them until that is in their interests to do so, and we need to make sure that is the case. Yes, we need the enforcement and enough people, but we need the people who are currently facilitating this, who are largely UK-based in this context, to be willing to prevent it.

The UK plays a particular role in all this economic crime. It is seen as a place where money is laundered, not necessarily where it is kept, although that is different in the case of kleptocrats or Russian oligarchs. The money is usually laundered in the UK and then goes off to other jurisdictions, largely the US. That is because of the consolidation of expertise in the City of London—we should be very proud of the City—and the financial organisations and the advisers who sit around them, who are also culpable in this regard. We have strong regulation in some areas and very weak regulation in others, particularly on offshore regulation, where in the UK there is a particular relationship between its domestic regulations and what happens offshore.