is this business model legal or how to make it legal?

Discussion in 'Legal Issues' started by ecsuite, Nov 18, 2008.

  1. #1
    a friend asked me my advice on something last night, because he thought i knew.

    but a business sending payments for another business, how can they avoid anything related to money laundering or similar?

    for instance a business that sends checks or wires on your behalf. is there information you need to get to make it legal? due diligence when handling money, for instance.

    my friend is watching this thread, any help would be appreciated
     
    ecsuite, Nov 18, 2008 IP
  2. TStarnes

    TStarnes Active Member

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    #2
    I would think this would be legal. Western Union does this and they aren't directly a money lender, or at least they were not originally.
     
    TStarnes, Nov 18, 2008 IP
  3. Nonny

    Nonny Notable Member

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    #3
    It looks like Western Union collects information that it will share with law enforcement if it is subpoenaed.

    http://en.wikipedia.org/wiki/Western_Union#Can_be_used_as_money_laundering_tool
    Also: http://www.westernunion.de/info/securityIntro.asp

    It's a tricky business, though.

    The owners of E-Gold were charged with money laundering last year:
    http://www.securityfocus.com/news/11462

    And just last month the owner of Virtual Money Inc (VMI) was indicted for money laundering:
    http://www.boston.com/news/local/co...9/oklahoman_accused_of_laundering_drug_money/

    Presumably both businesses had attorneys who advising them on the regulations and best business practices.
     
    Nonny, Nov 18, 2008 IP
  4. ecsuite

    ecsuite Peon

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    #4
    great post, if you stay on the good side of the law and have reasonable practices, he wanted to know if the govt was going to hassle him

    lots of those people went out of biz for some reason or other, ezpay.com was a recent one, for instance
     
    ecsuite, Nov 19, 2008 IP
  5. alexa_s

    alexa_s Peon

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    #5
    Yes, there is in some countries.

    But there clearly isn't "one universal answer" to this question. It varies from country to country. Especially at the moment, different countries have widely differing laws about this. You have to keep within the law of the country you're in, yourself (which you didn't specify).
     
    alexa_s, Nov 19, 2008 IP
  6. ecsuite

    ecsuite Peon

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    #6
    sorry about that, im out of the US, so like a normal american, i didnt realize there are other countries on this board ;)

    good point, sorry about that
     
    ecsuite, Nov 19, 2008 IP
  7. link2swim06

    link2swim06 Peon

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    #7
    What countries do you plan to have it active in?
     
    link2swim06, Nov 20, 2008 IP
  8. alexa_s

    alexa_s Peon

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    #8
    So, like a normal American, when you're in the US you say you're out of the US. :D;)

    Sorry, I don't know about the US rules. But I think you probably have stricter rules with regard to money-laundering and so on than almost any other country in the world?
     
    alexa_s, Nov 20, 2008 IP
  9. dailyreseller

    dailyreseller Peon

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    #9
    The best advice would be to check this with an attorney.
     
    dailyreseller, Nov 20, 2008 IP
  10. OffshorePrivacyLLC

    OffshorePrivacyLLC Guest

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    #10
    In most cases, a 'know your client' policy would solve all your issues.
    As long you don't pretend to be a financial institute (without having the correct papers) it would depend on your country laws. For the US a KYC policy would fit.
     
    OffshorePrivacyLLC, Nov 20, 2008 IP
  11. ecsuite

    ecsuite Peon

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    #11
    thats exactly why i posted this thread, thanks for the excellent response

    http://en.wikipedia.org/wiki/Know_your_customer
     
    ecsuite, Nov 21, 2008 IP