Enlarged Partial Agreement on Sport (EPAS) Seminar on Sports Betting and Anti-Money Laundering co-organised by the Council of Europe and the Cyprus Presidency of the European Union 1 The risk of money laundering in the context of sports betting & match-fixing Brussels (Belgium) 11 December 2012, 2 pm - 7 pm

A large number of IGOs got involved in the issue Council of Europe EU Commission / EU Parliament The Commonwealth United Nations Interpol / Europol / WTO 2

Match-Fixing & Money Laundering The increasingly frequent presence of transnational criminal organi- sations in instances of corruption in sport is a major concern. The increase in sports betting throughout the world represents a windfall for criminal organisations. Sports betting represents a money-laundering opportunity for criminal organisations. The problem therefore reaches beyond the field of sport itself, exten- ding to the wider issues of combating organised crime, particularly because of the risk of money-laundering. 3

Transnational Organized Crime (TOC) Since crime has gone global, national responses, even those based on robust law enforcement, are inadequate: they displace the problem from one country to another. Crime has internationalized faster than law enforcement and world governance. Because TOC markets are global in scale, global strategies are required to address them, and anything else is likely to produce unwanted side effects. Because globalized commerce has made it difficult to distinguish the licit from the illicit, enhanced international regulation and accountability in licit commerce could undermine demand for illicit goods and services. Criminals are the first‐movers wherever there are opportunities to exploit. Criminals are faster to adapt than the international community’s ability to respond. 4

TOC ranks under the 20 largest economies The overall best estimates of criminal proceeds are close to US$2.1 trillion in Organized Crime ranks under the 20 largest economies by 2011 nominal GNP The best estimates of the amounts of money that are laundered are close to US$1.6 trillion. Less than 1 per cent of global illicit financial flows is currently being seized and frozen. 5

Organised crime increasingly resembles a transnational commercial enterprise 6 NY Times 2011

Cyber Crime Pressure to violate the integrity of sports competition has increased as access to the Internet has increased. Organized criminals can now engage in systematic fraud, illegal betting and match fixing from anywhere in the world at any given time. A recent report suggests that victims lose around USD $ 388 billion each year world- wide as a result of cybercrime. The speed at which cybercriminals can inflict harm and move on to evade detection also puts enforcement agencies under heavy time pressures, making the need for international cooperation all the more pressing. The global nature of this problem requires a global effort to find a solution. There is no silver bullet to target Cybercrime, but clearly an international and multi layered approach is the path forward. 7

Money Laundering The colossal amounts of income generated by TOC leave trails, which are more difficult to hide than the traces left by the crimes themselves. Money laundering is used to disguise the illegal origin of the profits. This process is of critical importance, as it enables the criminals to enjoy the illicit profits without jeopardising their source. Money laundering is the Achilles heel of criminal activities and organized crime. Targeting the money laundering aspect of criminal activities and depriving the criminals of their ill-gotten gains means hitting organised crime where it is most vulnerable. Without usable profits, criminal activities will not continue. International agreements to fight ML/FT: - Repression- - Prevention- 8

ML / FT Prevention 9 To investigate money laundering effectively, states need the private sector's cooperation. This requirement, however, burdens the financial or busi- ness sector because the obligated or reporting entities will have to expand their resources and manpower to meet the requirement. Gambling sector is part of the non-financial sector (DNFBP) There is still a big void in the FATF recommendations in regards to online gambling.

Online Sports Betting Market Regulation 10 Minimum requirements: Online sports betting operators: AML/CFT compliance Taxes Addiction issues Co-operation and participation of Sport National supervisory authorities for gamling and AML/CFT: Independence from all pressures and inducements, particularly financial Unannounced independent international audits

Compliance with the FATF standard and national AML/CFT regimes 11 Compliance by countries with the FATF standard is low. Of the 161 countries assessed using the current metho-dology from 2004 to April 2011, full compliance with any principle was rare, occurring in only 12.3 percent of the cases (IMF 2011). In keeping with the Cannes Summit Final Declaration, the FATF is seeking from the G20 Leaders a commitment to the full, effective and consistent implementation of the new FATF Recommendations (Los Cabos Summit - June 2012).

Compliance Myth and Reality Administrative complaint. No gambling and AML supervisory authority in place Request from the Federal Financial Supervisory Authority to demonstrate how casinos are used for money laundering Complaint (AMLD) EU infringement case (AMLD) Complaint EU infringment case 2011 The Goverment confirmed that the money laundering act (MLA) has not been enforced since it was enacted in AMLD and MLA are still not effectively enforced

Combating Match-Fixing and Illicit Sports Betting Networks require a Multidimensional, Stakeholder driven Strategy 13

Thank you for giving me the opportunity to speak Andreas Frank Poststrasse 4 CH-6300 Tel