Mkanganyiko wa Sheria ya Kutakatisha Fedha - Albert Msando

Mkanganyiko wa Sheria ya Kutakatisha Fedha - Albert Msando

Kuthibitisha k

Hapa kuna mkanganyiko. Ili uite peas ilikuwa illegal inabidi uthibitishe kwamba serikali iliibiwa. Kadiri ya maelezo ni kwamba eti waliongezewa ada ya mkopo toka 1% hadi 2.4%. Je hawakujua? Walikubalije? Tusiangalie mwisho wa hadithi tuangalie mchakato wake. Na kama walipewa bei wakakubali unasemaje umeibiwa?
hapa ndio yule dada mrembo na mkwe wa lowasa wanapoingia...ni hivi yule dada mrembo alifoji document kutoka kwa waziri wa fedha kwamba serikali imekubali kuwalipa akina kitillya adaa ya 1% as a middleman wakati sio kweli
 
muacheni wakili msomi Msando .... saivi anafanya matamasha ya Heineken
 
Haa ha ha aibu sana kwa wasomi wetu kuiba material y watu na kujifanya yao.Ilimpasa Wakili Alberto Msando kudeclare kuwa hilo andiko lake amelichukua huku.
Au angetupia hata ka mfano ka kesi moja ya utakatishaji fedha huko duniani au hapa nchini na sio kukopi endi paste
 
hapa ndio yule dada mrembo na mkwe wa lowasa wanapoingia...ni hivi yule dada mrembo alifoji document kutoka kwa waziri wa fedha kwamba serikali imekubali kuwalipa akina kitillya adaa ya 1% as a middleman wakati sio kweli

"What is undeniable, however, is that after the addition of EGMA, the proposal proceeded quickly. In November, mandate and fee letters were signed, the former being between Standard Bank, Stanbic and the Ministry of Finance for the Government of Tanzania. This mandate did not mention any partner or third party and referred to a “total facilitation” fee of 2.4% which is said to constitute “total advisory, arranging coordinator participation and bookrunner fees” and to include “disbursement costs and agency costs”. The fee letter refers to Standard Bank and Stanbic agreeing to act as lead manager and acting as lead “… in collaboration with its partner”. Also important was the way in which the arrangement was structured: it allowed Tanzanian public funds to be paid to EGMA via Stanbic, without the payment having to be made directly by the Government of Tanzania" Sfo report

Hii inamaana sawa ulichosema labda
 
Kuna haja ya watu kuisoma hii report. bora hata wangesema kama hapo Juu. Yetu macho na masikio
 
stages/phases of money landering.

The placement stage represents the initial entry of the "dirty" cash or proceeds of crime into the financial system. Generally, this stage serves two purposes: (a) it relieves the criminal of holding and guarding large amounts of bulky of cash; and (b) it places the money into the legitimate financial system. It is during the placement stage that money launderers are the most vulnerable to being caught. This is due to the fact that placing large amounts of money (cash) into the legitimate financial system may raise suspicions of officials.

The placement of the proceeds of crime can be done in a number of ways. For example, cash could be packed into a suitcase and smuggled to a country, or the launderer could use smurfs to defeat reporting threshold laws and avoid suspicion. Some other common methods include:

Loan Repayment
Repayment of loans or credit cards with illegal proceeds
Gambling
Purchase of gambling chips or placing bets on sporting events
Currency Smuggling
The physical movement of illegal currency or monetary instruments over the border
Currency Exchanges
Purchasing foreign money with illegal funds through foreign currency exchanges
Blending Funds
Using a legitimate cash focused business to co-mingle dirty funds with the day's legitimate sales receipts

This environment has resulted in a situation where officials in these jurisdictions are either unwilling due to regulations, or refuse to cooperate in requests for assistance during international money laundering investigations.

To combat this and other international impediments to effective money laundering investigations, many like-minded countries have met to develop, coordinate, and share model legislation, multilateral agreements, trends & intelligence, and other information. For example, such international watchdogs as the Financial Action Task Force (FATF) evolved out of these discussions.

The Layering Stage
After placement comes the layering stage (sometimes referred to as structuring). The layering stage is the most complex and often entails the international movement of the funds. The primary purpose of this stage is to separate the illicit money from its source. This is done by the sophisticated layering of financial transactions that obscure the audit trail and sever the link with the original crime.

During this stage, for example, the money launderers may begin by moving funds electronically from one country to another, then divide them into investments placed in advanced financial options or overseas markets; constantly moving them to elude detection; each time, exploiting loopholes or discrepancies in legislation and taking advantage of delays in judicial or police cooperation.

The Integration Stage
The final stage of the money laundering process is termed the integration stage. It is at the integration stage where the money is returned to the criminal from what seem to be legitimate sources. Having been placed initially as cash and layered through a number of financial transactions, the criminal proceeds are now fully integrated into the financial system and can be used for any purpose.

There are many different ways in which the laundered money can be integrated back with the criminal; however, the major objective at this stage is to reunite the money with the criminal in a manner that does not draw attention and appears to result from a legitimate source. For example, the purchases of property, art work, jewellery, or high-end automobiles are common ways for the launderer to enjoy their illegal profits without necessarily drawing attention to themselves.

let us procced with the conversation.

What is the idea/reason behind posting this article? Is it meant to defend Kitilya and company?
 
How do you say it was illegal while they had a contract with stanbic. Egma has never done business with government but with Stanbic. Linking Egma with the government! Mmh. Let's wait to see the facts as the case ikisikilizwa

The link is that the usd 6m paid by Stanbic to EGMA is government money which was an illegal payment but because EGMA had an agreement with Stanbic it became consultancy fee and therefore clean money.
 
Kwa tuliomuelewa Msando anamaanisha kuwa wale jamaa walipiga dili walizodhania ni halali na wakatumia zile hela bila kificho chochote kwa hiyo sio Money Loundering...

Tegemea Kitilya na yule mrembo kuendelea kula bata na hela zetu kesi ikitajwa...
Mahakama Huwa Inaangalia Intention Kaka Labda Sheria Ipindishwe Tu Kuwafeva Hao Maana Hii Ndio Michwzo Yetu Tz.
 
Ninachokiona hapa EGMA ilitumika kutakatisha ile pesa, yaani yaani waliipata illegaly, then wakajaribu kuitafutia uhalali kwa mgongo wa malipo ya middle men, BT in reality ilipatikana kwa udanganyifu. Mfano mwingine, X ambaye ana account Bank M anafanikiwa kuiba electronicaly100 billion from A account at Bank N, then anaiingiza kwa account K Mali ya Y at the same bank, wanakubaliana Y azuge kama anamuuzia X Magari yenye thamani ya 100 billion, kwenye mkataba wanakubaliana kuwa magari hayo lazima yawe ya Kijerumani, na ya rangi nyeupe, wanaweka kipengere kuwa ikiwa Y atakiuka Masharti then atalazimika kurudisha asilimia 88 ya selling price, Y analeta Magari mekundu ya kijapani, then X anazuga kuyakataa, then Y analazimika kumrudishia 88 percent ya selling price kwa kuiingiza kwenye account ya X on Bank L, kumbe yale Magari yalikuwa geresha tu, hakuna biashara iliyofanyika bali ulikuwa ni mkakati wa kuhakikisha ile pesa iliyoibiwa inapata uhalali, yaani ionekane imetokana na mkataba wa kuuziana Magari, hapa X kalamba 88, Y Kalamba 22,lkn ili mchezo use mwepesi lazima kuna bankers wa Bank hizo watahusushwa.
Umeeleza Vyema Sema Umeenda Haraka Sana Mkuu.
Kwa Mtu Ambaye Hana Idea Na Sheria Inampasa Atulie Kidogo Kukuelewa.
Big up mkuu
 
kajala alilipiwa 15m, fain zake ni costant au inategemea na kosa lenyewe.
Faini Huwa Haikadiriwi Mkuu, Inatjwa Kwa Kanuni Zilizowekwa Kisheria Kulingana Na Uzito Wa Kosa Lenyewe.
Kumbuka Kwmb Kajala Alikuwa Mshitakiwa Namba2, No1 Alikuwa Mumewe.

Pia Ktk Sheria Hawaangalii Umelipiwa Wanachojua Pale Umelipa Coz Haimtambui Alokulipia Maana Yeye Hausiki Kwny Hukumu, So Kajala Alilipa Yeye Lakn Pesa Ilitoka Kwa Wema [emoji109]
 
Money Laundering: Misconceptions and Prosecution Blunders: By Albert Msando, Advocate:

Contrary to the common idiom, crime often pays. It can pay so much, in fact, that people with illegally acquired funds often develop complicated plans to make it appear as if the money originated from a legal source. This is money laundering.

Money laundering occurs whenever a person attempts to conceal the source, destination, or identity of illegally obtained or acquired money.

Spending vs Concealment

Money laundering applies when a person attempts to conceal illegally obtained funds, but it doesn't include merely spending money.

If, for example, you make Tshs. 1,000,000 selling stolen goods and then go out and buy land, you have not laundered any money.

Though you have committed the crime of dealing in stolen goods, to be convicted of money laundering you'd need to try to conceal or disguise where the money originated, or otherwise disguise it.


Concealment:

In order to prove money laundering charges, prosecutors must show a person concealed money specifically to conceal the location, ownership, source, nature, or control of the money.

It isn't money laundering, for example, to try to conceal money during transportation by putting it in a hidden place. Laundering would involve taking that money and trying to make it appear as if it came from a legitimate source.

Criminal Proceeds or Criminal Receipts

Money laundering laws don't apply when someone is simply making money from crime.

For example, if you decide to run an illegal lottery in which you collect money from people who play and then pay the winners, this isn't money laundering.

Though you're receiving money from illegal activity and using that money to pay winners, money laundering requires that you in some way try to hide the profits from your activity. Paying money to winners isn't considered concealing profits.

Illegal Activity

Money laundering targets the specific act of concealing, or attempting to conceal, the ill-begotten proceeds of criminal activity. There must be some criminal activity involved that produced the profits before it can be money laundering.

If, for example, you make Tshs. 10,000,000 by selling a car and then try to hide that money from the TRA, you haven't committed money laundering. You've violated tax laws, but because the sale of the car was legal your actions do not count as money laundering.

But due to lack of both of knowledge and experience the prosecutors use the Anti-Money Laundering Act as a stick instead of a deterrent and enforcement tool to deal with the serious money laundering crimes. As it is now any offence can be money laundering!

And things do not end there. The fact that the offence is unbailable makes it a prosecutor's mine field to punish all those who are unlucky to be on the black books.

To be continued...
Wameshaanza kujutetea jwa kutengeneza mazingiracyavkyelimusha. It is NOT concealing the money; it is concealing its nature and its source. If you draw $200,000 from the bank AS IF IT IS YOURS and then send it as cash TO THE MINISTER that is laundering. The real beneficiary is the Minister but he dare not go to the bank himself because the bank will ask who are you and is this your money? So the bank pays the money to Company X as consulting fees by CHEQUE and X draws CASH and pays it to the Minister. There is a name in the cheque but no name on the cash. THAT is laundering, KUFUA hela chafu zionekane kama happy christmas au zikae mchagoni tu.
 
Wameshaanza kujutetea jwa kutengeneza mazingiracyavkyelimusha. It is NOT concealing the money; it is concealing its nature and its source. If you draw $200,000 from the bank AS IF IT IS YOURS and then send it as cash TO THE MINISTER that is laundering. The real beneficiary is the Minister but he dare not go to the bank himself because the bank will ask who are you and is this your money? So the bank pays the money to Company X as consulting fees by CHEQUE and X draws CASH and pays it to the Minister. There is a name in the cheque but no name on the cash. THAT is laundering, KUFUA hela chafu zionekane kama happy christmas au zikae mchagoni tu.

Well and fine, lkn kumbuka huyo Msando kakwapua hayo maelezo hapo juu ambayo yanaendana na Anti- Money Laundering legislation za Marekani na siyo za Tanzania. Watu mtakuwa mnapoteza muda wenu kujadili sheria za Marekani ambazo nadhani zinatofautiana na za Tanzania.
 
Naona Msando kafanikiwa kwenye hili. Keshamtoa Kitillya kwenye hii kashfa. Bado hao wawili sasa.
 
Tatizo la Msando ni kama Zitto,huwa hawapendi kuonyesha upande wao ili kutengeneza fursa ya "unabii" kwa matokeo yoyote...yawe halali au sio halali...jambo lingine wanasheria makanjanja hupenda kutengeneza mkanganyo ili kupata ajira.
vipi?una la kusema sasa?ahahaha
Umekomolea msumari koo. Wewe hawa watu unawajua in and out! Hongera sana kwa kusema ukweli
vipi?msumari haukuingia vizuri,ahahaha!
MsandoAlberto kwanza declare interest
vipi?kuna haja aka declare interests sasa?ahahaha
Msando anawatetea mafisadi
vipi?mafisadi umewaonaje?wametetewa au hawajatetewa?ahahaha
 
vipi?una la kusema sasa?ahahaha

vipi?msumari haukuingia vizuri,ahahaha!

vipi?kuna haja aka declare interests sasa?ahahaha

vipi?mafisadi umewaonaje?wametetewa au hawajatetewa?ahahaha
Sasa wewe umefurahishwa na nini? Hata hivyo si shangai.... nyie ni watetezi wa mafisadi lazima mfurahi...
 
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