FAQ’s

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How to identify money laundering?

Money laundering is a technique used by criminals to cover their financial tracks after they illegally obtain money from an illegitimate source.

Profits gained from criminal activity are often referred to as ‘dirty money’. This is because the money is linked directly to the crime and can be traced. Due to this, criminals need to ‘clean’ the money so that it appears legal and can be used for investments.

For money laundering to be successful, the dirty money must enter the financial system. So, how do banks prevent money laundering from happening? Well, the answer is anti-money laundering.

In this guide, we’ll explain exactly how to detect money laundering and the anti-money laundering requirements that obliged entities such as banks need to meet. However, before we do this, let’s first take a detailed look at the money laundering techniques employed by criminals and the signs to look out for.

Understanding money laundering techniques

Before you learn how to detect money laundering and how to address your compliance requirements, you must first have a deep understanding of how money laundering works, including the techniques employed by criminals.

Money laundering involves three stages: placement, layering, and integration.

Placement

The placement stage of money laundering refers to how and where illegally obtained funds are placed into the financial system. Methods used by fraudsters include:

Making payments to cash-based businesses
Making payments for false invoices
Putting small amounts of money (below the AML threshold) into bank accounts or credit cards
Moving money into trusts and offshore companies that hide owner identities
Using foreign bank accounts
Aborting transactions shortly after funds are lodged with a lawyer or accountant

Layering

The layering stage of money laundering refers to the way that criminals separate the illegally obtained funds from their source.

During this stage complex financial transactions take place and the origins and ownership of the funds in question are disguised. When carried out correctly, the layering process makes it incredibly difficult for AML investigators to trace the transactions back to the source of the funds.

Integration

The integration phase of money laundering happens when the laundered funds re-enter the economy in what appear to be legitimate business or personal transactions.

The money launderers will often do this by purchasing real estate or luxury assets in order to increase their wealth.

Complex money laundering techniques

It’s important to point out that money laundering techniques vary in complexity. That said, the most common method of money laundering is for the dirty money to be processed through another cash-based business.

Many money laundering organizations also own multiple ‘front businesses’ that would usually handle large amounts of cash, such as casinos, restaurants, or launderettes. With the help of the front business, legitimate profits can be mixed with criminal money, meaning that the source of the funds can be hidden effectively.

Alternatively, some money launderers will use a process called structuring. This is the act of dividing large sums of money into smaller amounts and then spreading these sums across multiple accounts. By dividing the money into smaller amounts, the criminal can bypass money laundering policies and make the deposits appear less suspicious.

Other techniques employed by money launderers include:

Currency exchanges: Here, dirty money is exchanged by a foreign currency provider (often unwittingly)
Laundering money using virtual currencies: Cryptocurrencies are one of the most convenient methods to wash money. This is because they are not connected to a person’s identity

What to look out for

When it comes to detecting the signs of money laundering, vigilance is key. Signs that indicate one of your customers may be involved in money laundering include:

Unusual financial activity that is out of character when compared with their usual transaction patterns
Large cash deposits are made with no justification for where the funds came from
They are evasive or defensive when they’re asked about details
There are discrepancies in the information they’ve provided
Large sums are invested by third parties, with no explanation for the private funding
Their financial transactions have become increasingly complicated

Can I see Europol staff wearing uniforms on the street?

No, Europol staff members do not wear a uniform. But we may wear a jacket with the Europol logo to distinguish ourselves from Member State law enforcement when in the field. If you pay a visit to our headquarters, you can also see our security officers in uniforms and bulletproof vests.

Which crimes trigger the biggest operations?

As you may already suspect, the most dangerous crimes are of particular interest to us. We have made a list of ten crime areas to focus our efforts on – we call these our ‘priority crime areas’.

But how do we choose ten crime areas? We listen to what EU Member States want and need and analyse crime trends in the EU. It usually consists of crimes that require an international approach and cooperation between several countries, inside and outside the EU. These ten crime priorities shape how we work for the following four years.

Our crime priorities areas are:

cybercrime;
drug trafficking;
facilitating illegal immigration;
trafficking in human beings;
child sexual exploitation;
illicit firearms trafficking;
environmental crime;
criminal finances and money laundering;
document fraud.

I fulfil all eligibility and essential requirements except one, can I still apply?

All eligibility criteria need to be fulfilled; otherwise your application cannot be considered.

Does Europol own my personal data?

No. Europol provides technical tools and capabilities to national authorities to exchange personal data of suspected criminals securely. However, the national authority sharing this data with Europol and other national authorities remains the owner. This data exchange allows the detection and identification of criminals operating across international borders.

Can Europol staff be deployed to other countries to help out?

Our experts can support EU Member States and third parties in the field on their request. We help investigators connect and use information stored in our databases. We can provide expertise and tools which may not be otherwise available.

Forensic examination, for example, is one way we can help investigations. We have forensic labs in our headquarters, but we can also deploy drug labs for forensic analysis to support drug trafficking investigations.

We can also help recover and analyse operational information extracted from digital devices, computers and digitally stored media. Our mobile device extraction kits were used 155 times in 2018. This is complemented by our in-house cyber forensic tools, housed in Europol’s European Cybercrime Centre (EC3).

Is there a limit of age to apply for a vacancy at Europol?

The Staff Regulations do not impose an age limit for a candidate who would like to apply for a vacancy at Europol. Current pensionable age is 66 years old if one entered the service on or after 21/07/2024.

Do Europol staff members carry guns?

No. Europol staff members do not carry firearms. Intelligence is our weapon.

Even when Europol staff members are deployed to operations on the ground they are unarmed. Instead, we carry laptops and other fancy electronic devices linked to databases with millions of criminal data entries. Since 2015, we’ve used these devices 1 821 times.

Can Europol investigate serial killers?

We work with Member States to support investigators from national authorities. Europol does not investigate crimes alone. If a serial killer committed a series of murders across Europe, Europol could help the countries concerned, if we were requested to do so.

If there isn’t a lot of evidence, can I still be charged with a sexual offence?

Yes, it is still possible to be charged with a sexual offence even if there is very little evidence. It can often be possible in sexual offence cases that there is limited evidence, especially if they have been reported sometime after the alleged commission of the offence. However, in these cases, it is still possible for someone to be charged with an offence if the complainant is willing to provide a supporting statement. Cases of this nature can often amount to one word against another. It is therefore important to ensure you have the correct legal representation in place if you have been accused of a sexual offence even if the evidence seems minimal.

What is sexual communication with a child?

Sexual communication with a child is often referred to as online grooming. It can take many forms and with different motivations. All forms are regarded as child sexual abuse. They are illegal and cause harm.

Can you go to jail for talking to a minor online?

It is not illegal for an adult to talk with a child online per se, but sexual communication with a child is a criminal offence.

What are examples of sexual communication?

For example, one could communicate whether foreplay is an important component of sexual activities or if there is a desire for sex toys, and if so, which ones. You also may decide to share your sexual fantasies if both of you are comfortable doing so. Sexual communication does not always have to be verbal.

What is the average sentence for child molestors in the EU?

The average custodial sentence for sexual offences in the EU is between 5 and 10 years, some would argue whether this is long enough for those found guilty of such horrendous crime.

What is the maximum sentence for grooming in the EU?

10 to 15 years

What is a bail bond?

When someone is arrested, they are often given the opportunity to post bail in order to be released from jail until their trial. However, bail can be expensive, and not everyone has the financial means to pay it. This is where a bail bond comes into play.

A bail bond is a type of surety bond that is paid to the court by a bail bondsman on behalf of the defendant. The bail bondsman charges a fee, typically 10% of the total bail amount, for their services. In exchange, the bail bondsman agrees to pay the full bail amount if the defendant fails to appear in court.

Who Is Eligible For A Bail Bond?

In most cases, anyone who has been arrested and granted bail by the court is eligible for a bail bond. However, certain factors such as the severity of the charges, criminal history, and flight risk may influence a judge’s decision to deny bail. Keep in mind that immigration status can also impact eligibility for bail.

How Much Does A Bail Bond Cost?

The cost of a bail bond typically ranges from 10% to 15% of the total bail amount. For example, if the court sets bail at $10,000, the bail bondsman’s fee would be between $1,000 and $1,500. It’s crucial to note that this fee is non-refundable, even if the charges are dropped or the defendant is found not guilty.

What Sentence Will I Get?

If you are convicted of a criminal offence, the court will consider the most appropriate sentence to impose. What is appropriate will depend on a number of factors, including the seriousness of the offence, what plea you entered, your personal circumstances and whether the case calls for punishment, deterrent or rehabilitation or a combination of all three.

Financial Penalty

The level of a ”fine“ has to be related to the offender’s ability to pay. Guidelines say that any fine should be capable of being paid off within about a year. If the fine is not paid, the court can take out enforcement proceedings and the offender could ultimately be sent to prison. The Court will usually impose a Collection Order which gives the offender a period of time (say, 7 days) to pay the fine in full.

What happens if I’m arrested by the police?

If the police suspect that you have committed a criminal offence, it is possible that you will be arrested and detained at a local police custody centre where you will be interviewed about the alleged offence.

In order to arrest you, the police have to be sure that an arrest is ‘necessary’. Usually, it is for the purposes of a prompt and effective investigation, so that evidence can be secured and preserved and a suspect can be interviewed without an opportunity to fabricate a defence. Although there are a number of reasons why an arrest may be considered necessary, it is important that the police consider this test carefully before arresting someone, because an offence can be investigated without the need for an arrest and there are a number of consequences that flow from an arrest.

How to represent yourself in the Magistrates’ Court

You have the right to speak for yourself in court without a solicitor or other legal professional.

If you have been charged with an offence and you are intending to represent yourself in court, it is likely that you will have some questions that need answering before you get there. You may have no idea what will happen at the first hearing in court. Will the court expect you to enter a plea straight away? If so, how do you know whether to plead guilty or not guilty? What will happen if you plead guilty? Will you be expected to say anything to the court? What powers of sentence does the court have and what orders might the court make?

You’ll be known as a ‘litigant in person’ if you represent yourself. You’ll also be known as an ‘applicant’, ‘respondent’ or ‘defendant’ depending on whether your case is heard in a family, civil or criminal court.

What will happen if I'm convicted of a sexual offense?

If you are convicted of a sexual offence, there are a number of potential consequences that we would seek to bring to your attention at an early stage in your case.

Many sexual offences will carry a custodial sentence. However, the Sentencing Guidelines generally state that where there are sufficient prospects of rehabilitation, an accredited programme, undertaken in the community, may be an alternative to a long or moderate length prison sentence.

What will happen if I’m prosecuted for a criminal offence?

Interview Under Caution If we, police, or some other investigatory body (eg the Health and Safety Executive, Border Force etc), suspect that you have committed a criminal offence it is likely that they will want to conduct an interview with you. The purpose of an interview is to collect evidence against you and so the interview will be ‘under caution’. Although an interview will also give you, as the suspect, an opportunity to deny your involvement in the offence or to put forward a defence. You should always have legal representation in interview. If there are grounds to arrest you (in other words, an arrest is deemed to be ‘necessary’ in law) then you will be detained in police custody until that interview process is complete and a charging decision is made. If the police (or CPS) need to carry out further enquiries, you may be bailed for a short period (usually 28 days in the first instance) or you may be released under investigation (RUI’d).

Convicted Before A Magistrates’ Court – Can I Appeal?

Many people convicted before magistrates feel aggrieved at the outcome, and wish to consider an appeal.

A grievance may arise because they think that their case was not prepared correctly, or that the court reached the wrong result.

Is it a criminal offence to breach Health & Safety law?

Yes. Health and Safety law gives rise to both civil and criminal liabilities.

Broadly speaking, civil liabilities include claims being brought by an injured person (or their estate or dependents) in negligence, vicarious liability or occupiers’ liability. Usually, the consequence will be corporate liability for monetary compensation, for which insurance is available.

Can I contest a Sexual Risk Order?

Absolutely. You can contest the making of the order. You can oppose the prohibitive restrictions sought by the Police. If contested, a full hearing of the case will take place in the future to allow both sides to properly prepare.

Can a sexual defence lawyer help if I've been falsely accused of a sexual offence?

Yes, a criminal defence solicitor can help if you have been falsely accused of a sexual offence. There are legal teams who specialise in these types of cases and who will be able to assist with your case, whether it is at the police station phase or if you have been charged with an offence. Sexual allegations are generally very serious and we understand that these cases can be extremely stressful.