High-value projects and complex financial transactions associated with the construction industry have become particularly vulnerable to money laundering activities.
For example, in May 2022, brothers Luis Enrique Martinelli Linares and Ricardo Enrique Martinelli Linares, both dual citizens of Panama and Italy, pleaded guilty to conspiracy to commit money laundering and admitted to agreeing with others to establish offshore bank accounts in the names of shell companies to receive and disguise over $28 million in bribe proceeds from Odebrecht S.A., a Brazil-based global construction conglomerate, for the benefit of a close relative, a high-ranking public official in Panama. Both were sentenced to 36 months in prison and ordered to forfeit more than $18.8 million, pay a $250,000 fine, and serve two years’ supervised release.
Challenges Facing Construction Companies
Navigating complex project structures involving multiple stakeholders and subcontractors.
Keeping up with evolving AML regulations and understanding their implications within the construction sector.
Establishing effective internal controls and ensuring their effective implementation.
The Need for Due Diligence
Along with the challenges, conducting due diligence is a crucial part of AML compliance for construction companies. Through strong due diligence processes, construction firms can identify and assess potential money laundering risks associated with their projects.
At a minimum due diligence should involve comprehensive background checks on clients, suppliers, subcontractors, and other stakeholders involved in the construction project. Construction companies should verify the identities of these entities, and assess their reputation, financial stability, and even their own AML compliance measures.
By conducting due diligence at the project level, companies can proactively identify and address money laundering risks before they become significant issues. In addition, the collaboration between construction companies and financial institutions is key to combatting money laundering effectively. Financial institutions possess expertise in AML compliance and can provide valuable guidance to construction firms.
Ipsen Due Diligence working with its affiliate will assist your company in reducing exposure to money laundering by conducting thorough due diligence and background checks on clients, suppliers, subcontractors, and other stakeholders involved in the construction project
Sources:
DOJ: Panama Intermediaries Each Sentenced to 36 Months in Prison for International Bribery and Money Laundering Scheme, and
AML Compliance for Construction Companies by Schuler “Rocky” Reidel. July 2023
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