The growing
volume of containerized cargo – handled in containers that all look alike and
conceal whatever is inside – has changed the nature of crime on the waterfront.
Smuggling
is a $13 billion problem in the United States, authorities estimate. And that
doesn’t even count the drugs that come and go.
An
examination of federal seizure statistics, civil litigation and trade reports
shows that as the shipping business has gotten more efficient, so has crime:
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An
increasing amount of illicit cargo is turning up in the nation’s ports,
evidenced by rising numbers of seizures by the U.S. Customs Service –
ranging from stolen cars and drug money being exported, to imports of
drugs. Authorities concede,
however, they are catching only a fraction of what’s coming though.
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Smuggling
is becoming more sophisticated.
One ongoing scam at Port Newark uses Phantom exports and phony
bills of lading to smuggle American Products earmarked for overseas
distribution back in this country.
The scheme in some cases is being used to launder dirty money.
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Sloppy
enforcement of food import laws at entry ports has put the public at risk,
allowing a substantial amount of tainted food imports – food found to be
unfit for human consumption, some of it contaminated by dangerous E. coli
bacteria – to be slipped past port inspectors and onto store shelves.
The deal was for coffee.
A
humanitarian group calling itself the Sina Foundation has negotiated a heavily
discounted, $15.8 million purchase of Taster’s Choice instant Coffee. It said it was going to distribute it to the
needy in Egypt in support of the government’s fight against Islamic
extremists. The order was so large that
lines of trucks wound around the warehouse in Jersey City to pick up the coffee
shipment.
It was all
an elaborate export scam.
The coffee
– which was sold for less that the U.S. wholesale price – ended up on
supermarket shelves in this country, earning a tidy profit for a Bergen County
food broker and a Swiss freight forwarder – who were later convicted of fraud.
Law
enforcement officials and trade experts say Port Newark-Elizabeth us a focal
point for such cargo schemes, which they say spawned a new crime – providing
paper trailed for dirty money.
“This is
the new frontier for money laundering,” said Todd Sheffer, director of the
National Associated of Credit Management’s loss prevention department, which
tracks businesses that engage in credit fraud.
Money
laundering generally employs multiple transactions to disguise the source of
the original funds, until they appear to be legitimate profits from legal
businesses. The movement typically
allows a drug trafficker or a mob boss to spend the money without having to
answer uncomfortable questions about where it came from.
However,
increasing scrutiny on banking institutions and world financial markets has
made it more difficult to hide such transactions, and U.S. State Department
officials say money launderers now are turning instead to the purchase and sale
of consumer goods, luxury items and other products involved in the
import-export trade to provide a pedigree for dirty money.
“All these
facilities utilize a variety of vehicles to mask the origin and ownership of
tainted funds,” noted a recent State Department report, citing the use of shell
companies as a common vehicle.
Phony
export deals have been an ongoing problem for the U.S. manufacturers for years.
The
schemes, known as cargo diversion make money by undercutting the U.S. wholesale
price of American manufacturers.
Here’s how
it usually works:
A
legitimate U.S. company receives an order from an overseas buyer in a part of
the world that may represent a new market for the American company. The company offers the goods at a price
below the U.S. wholesale price – but on the condition that they will not be
sold in this country.
The company
fills the order and ships it though a place like Port Newark. However, the overseas buyer is actually a
front for someone intending to divert the foreign shipment back to the U.S.
If the
diverter is handling the shipping, he may not even load the cargo aboard a
ship. Instead, the merchandise finds
its way directly to discount outlets and wholesalers in the United States and
the manufacturer receives a fake bill of lading.
Other
times, the diverter will actually ship the product out of Port Newark to an intermediate
port like Cologne, Antwerp, Singapore or Roterdam. But on arrival, the merchandise is simply turned around and sent
back to Port Newark. There, the goods
are declared, “U.S. goods returned” though U.S. Customs, which scarcely looks
at the shipment, and they are sold to discount chains nationwide.
By itself,
there is nothing illegal about cargo diversion, although it infuriates
manufactures because it undermines their pricing and marketing strategies. A number of legitimate gray market companies
specialize in acquiring products outside normal distribution channels to feed
the demands of consumers looking for cheap name-brand electronics, cosmetics
and even food.
Assistant
U.S. Attorney Noel Hillman specializes in prosecuting cases when the gray
market diversion involves fraudulent export incentives or other crimes.
“These
transactions put consumers at risk, hurt the U.S. Treasury, and can be used as
a mask for the international movement of funds as part of another scheme,
including money laundering,” he said.
Hillman
said Port Newark-Elizabeth is a major center for gray market activity. “The area can be a black hole that a
diverter needs to operate,” he said.
“It is the largest East Coast port and there are large-capacity
warehouses here to neutralize the goods.
You have a lot of independent shipping and trucking companies that will
cooperate and you have freight forwarders who may be willing to sell false
paperwork.”
It is a
scenario well suited to money laundering, said Sheffer. He noted that law enforcement agencies would
question a multimillion-dollar wire transfer to a foreign bank, but no one
would take a second look at a letter of credit used to purchase U.S. consumer
goods.
“It’s a
much better way to avoid the attention on law enforcement,” Sheffer said.
Donald deKieffer, an international trade lawyer based in Washington, D.C., has found
nearly 50 front companies connected with various diversion transactions in
republics of the former Soviet Union, the focus of a growing world-wide
investigation into money laundering and illegal cash transfers involving U.S.
banks.
According
to deKieffer, such transactions are growing because they represent an easy way
to take money out of countries that restrict the flow of capital.
“Let’s say
you have millions of rubles in Moscow,” he explained. “But you don’t want
rubles in Moscow. You want dollars in
Geneva.”
A criminal
might not be able to go to the Central Bank in Moscow to exchange those rubles,
but it is relatively easy to obtain a letter of credit from a bank to purchase
detergent in the United States for export, he said.
Paid for
with the letter of credit, the soap never makes it to Russia. Instead, it is
sold to discount marketers in the United States and the proceeds end up in a
Swiss bank account. The multiple
transactions leave a legitimate paper trail that may avoid the attention of
agencies like the Financial Crimes Enforcement Network, which sifts for clues
pointing to money laundering.
The
individuals who handle the transaction are usually not even the ones with the
dirty money, he said, but only the “faces” used by others trying to launder
their funds through third parties.
“This is
cool for bad guys,” said deKieffer, who served as general counsel to the U.S.
Trade Representative and now represents manufacturers that file suit when their
products are diverted.
“Usually
they pay a discount to launder cash. Now they are laundering it though an American soap company, and making a
profit on it,” he remarked.
Federal
prosecutors have not made a case in court tying diversion to money
laundering. To do so, they say, would
require them to prove that funding for the fake export scheme itself came from
illegal activity. However, Michael G.
Kessler, a New York based investigator who handles diversion cases, said there
is ample evidence for it.
“Diversion
lends itself to laundering dirty case,” said Kessler.
In an
ongoing probe he is handling involving contact lenses and solution, he said the
source of funds to purchase the products could not be identified. Payments would arrive as cashiers’ checks
and international money orders.
Hillman
said that, money laundering concerns aside; diversion poses a threat to the
safety of consumers. “Diverters are
notorious for the improper storing, handling and repackaging of diverted goods
and are known to use it as a mask for counterfeit and repackaged, outdated
items,” he commented.
Some of the
cases have involved very elaborate schemes to convince U.S. companies that the
export orders were legitimate, including the Taster’s Choice coffee deal, which
was so large that even Nestlé got suspicious of the volume.
Hillman
still has a jar of coffee from the case and put in out on the table. “Notice anything different about it?” he
asked.
The red label
was missing the UPC bar code that all products sold in this country carry, so
that supermarket scammers can ring them up. And when the glass jars of Taster’s Choice started showing up in
supermarkets, and Nestlé started getting calls from angry store managers, the
company knew it had a problem.
The same
group that put together the coffee deal also approached Johnson & Johnson,
this time purporting to be the Anglo-American Foundation, and sought to buy
diabetic test strips at a discount. The
pharmaceutical products were to be distributed to needy diabetics in the former
Soviet Union.
The New
Jersey-based drug company filled the humanitarian order, but included consumer
coupons in the packages to see where they actually ended up. Many of the coupons came back from consumers
in the New York metropolitan area.
Wayne
Gilbert, a former FBI agent and director of security for Johnson & Johnson,
said most consumer product companies have diversion problems of some kind.
“We’re
constantly seeing stuff coming back into the U.S. as American goods returned,”
he said. “It’s frustrating because
there’s not a lot of controls.”
In
testimony before a Senate subcommittee this summer looking into the so-called
“black market peso exchange” in Colombia, an unidentified witness said Johnson
& Johnson was among a number of companies whose products were being used to
launder drug proceeds in a series of legitimate-appearing commercial
transactions.
Gilbert
said it might be happening, but it was beyond the control of any American
company.
“Once you
sell a product to customer, it becomes their property,” he said. “It’s
unfortunate our products are being used, but you tell me how to stop it.”