ARTICLE
24 November 2021

FinCEN Highlights Environmental Crimes And Related Illicit Financial Activity

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
FinCEN alerted financial institutions to an uptick in environmental crimes and related illicit financial activity.
United States Finance and Banking

FinCEN alerted financial institutions to an uptick in environmental crimes and related illicit financial activity.

FinCEN explained that these "crimes include (i) wildlife trafficking, (ii) illegal logging, (iii) illegal fishing, (iv) illegal mining, and (v) waste and hazardous substances trafficking." FinCEN called these crimes "relatively low risk activities with high rewards because enforcement efforts are limited, demand for the products and services generated by these crimes is high, and criminal penalties are not as severe as for other illicit activities."

FinCEN stated that "environmental crimes frequently involve transnational organized crime and corruption and are often associated with a variety of other crimes including money laundering, bribery, theft, forgery, tax evasion, fraud, human trafficking, and drug trafficking."

FinCEN highlighted the "need to enhance reporting and analysis of related illicit financial flows." In the alert, FinCEN (i) offered financial institutions suspicious activity report filing instructions that are specific to environmental crimes, and (ii) underscored the likelihood of illicit financial activity associated with them.

As recently covered, FinCEN held a virtual FinCEN Exchange to identify illicit financial flows and money laundering related to environmental crimes.

Primary Sources

  1. FIN-2021-NTC4: FinCEN Calls Attention to Environmental Crimes and Related Financial Activity

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