KYC News,
December 31, 2004
A British firm
previously exposed by OffshoreAlert for fraudulently seeking to profit from the
9/11 terrorist attacks is now involved in a controversy involving the United
States Department of Homeland Security.
Global Objectives Ltd., doing business as World-Check, launched a public
relations campaign in December claiming that U. S. Immigration and Customs
Enforcement, which is Homeland Security's largest investigative arm, is
actively using its know your customer database to ferret out financial
criminals.
Not so, according to ICE, which issued a statement on December 28 denying
the claim. "ICE has never used this product in any criminal or civil
investigation," nor has it any plans to, stated the release. In a separate
interview with New York-based freelance journalist Lucy Komisar, ICE spokesman
Dean Boyd stated: "We have not entered into a contract nor are we using
World-Check," adding: "It has not been installed on any computer
here."
Claims that ICE was using World-Check first appeared in a New York Times
article on December 12, followed by a World-Check press release the next day
and, a day later, a story in American Banker magazine.
After interviewing World-Check's principal, David Leppan, The Times
reported that ICE had "begun experimenting" with the database, while
American Banker went so far as to claim that ICE had "hired" and
"contracted" with the firm. World-Check itself claimed in a press
release headlined "World-Check Provides Assistance to Department of
Homeland Security in Fight Against Terrorist Financing, Money Laundering"
that ICE "is using the World-Check system on a trial basis to help sort
existing federal banking and immigration-related data to detect potential
terrorist and criminal activities" its system and created the impression
that it was being "fully implemented" by the agency. "DHS's
World-Check screening process is running through the advanced name-filtering
technology of a World-Check integrated software partner, Safe Banking
Systems," stated the release.
So much interest was generated by World-Check's claims that ICE considered
it necessary to issue a statement. "ICE routinely tests products that are
provided to it on a trial basis" and, in this regard, "ICE conducted
a one-time test of World-Check in August, 2004", stated the agency.
However, "ICE has not used this World-Check product in any capacity since
the test demonstration".
ICE spokesman Dean Boyd went into further detail in an interview with
journalist Lucy Komisar about the New York Times article. Boyd denied that the
agency was actively "experimenting" with World-Check, as The Times
article suggested, adding: "I'm shocked and very upset with the New York
Times. … I felt the story grossly misrepresented our position."
World-Check, however, was not backing down when contacted by OffshoreAlert.
In an email, a representative of the firm who did not identify himself/herself
stated: "World-Check stands by its press release, which is accurate and
was approved by DHS. We are unaware of the DHS spokesman's comments that
you claim, but will contact him to discuss any discrepancies. World-Check
neither lies nor misleads journalists, its clients or the public.
"World-Check has nothing to lie about and nothing to conceal no matter
how much you attempt, in your publication, to disparage our good name in hopes
of financially benefiting." In the past, Leppan has claimed that
OffshoreAlert is only exposing his firm because the newsletter's publisher,
David Marchant, is also a director and shareholder of a competitor,
Florida-registered World Compliance Inc.
Leppan, a 31-year-old, South African national, incorporated World-Check as
Global Objectives Ltd. in England and Wales on October 30, 2000 after leaving
financial products firm Thomson, for whom he sold bank compliance products.
World-Check offers clients profiles of what it claims are "known
heightened-risk individuals and businesses" to help them screen existing and
prospective clients. The firm claims to provide services to "more than 800
institutions, including many regulatory and government agencies in over 110
countries" and OffshoreAlert believes its clients include ING, Deutsche
Bank, Credit Suisse, Royal Bank of Canada, and HSBC.
World-Check was unprofitable before 9/11, reporting a loss of £89,376 on
gross revenue of £199,407 for the 17 months ended March 31, 2002, but its
business took off afterwards, helped by the passage of the USA PATRIOT Act,
reporting a profit of £245,189 (US$473,000) on total revenue of £1,974,221
(US$3.8 million) for the 12 months ended March 31, 2004.
World-Check's growth was partly fueled by widespread media coverage in 2002
of a fantastic claim that it had profiles of 15 of the 19 9/11 hijackers in its
database BEFORE the attacks, which some journalists then used to ridicule the
U. S. Government. In reality, however, World-Check had simply entered the names
of the hijackers into its database AFTER they were publicly-released by the FBI
on September 14, 2001 and only pretended to have them first as part of a
fraudulent marketing scheme.
After OffshoreAlert asked him to prove the claim, Leppan first said he had
been misquoted by an Associated Press journalist, then did a U-turn and
declared in an email that the statement was true, before reverting back to the
'misquote' excuse, notwithstanding the fact that World-Check repeated the claim
in promotional material. Leppan claimed the journalist was confused because World-Check
had profiles of 15 of the 22 people on the U. S. Government's list of 'Most
Wanted' terrorists, which he said was launched with 19 names on it—the same
number as the hijackers—with three more added later. However, the U. S.
Government has confirmed that its list of 'Most Wanted' terrorists has only
ever contained 22 names – for people wanted for terrorist attacks that occurred
before 9/11 – and research showed that World-Check did not even have profiles
of 15 of those before September 11, as it claimed, even though they had been
criminally indicted months and, in some cases, years before.
Meanwhile, Leppan blamed another misquote for a false claim in an article
in Finance Asia magazine on February 6, 2002 that World-Check had a minimum of 100
profiles for each of the 236 countries that it covered, even though research by
OffshoreAlert showed its database had
fewer than 100 profiles for 51 per cent of its covered countries.
The company was at it again in July, 2003 when a prospective client,
Anguilla's Financial Services Department, asked it about an OffshoreAlert
exposé of World-Check that was published on November 30, 2002. Daniel Komer,
one of World-Check's Texas-based salesmen, falsely claimed in an email to the
prospective client that OffshoreAlert had "modified" its story after
World-Check had "addressed" the issues.
Research by OffshoreAlert also showed that several World-Check
profiles—such as members of the Cayman Islands Chamber of Commerce— did not
appear to constitute "high risk", as the firm describes those in its
database, and found inaccuracies in its data. Interestingly, the sole
World-Check profile highlighted in the New York Times article contained a
mistake. World-Check's "high-risk list includes both Viktor Bout, a well-known
international arms trafficker, and his older brother, Serge," reported The
Times. "But the United States Office of Foreign Assets Control, which
administers financial sanctions against banned foreign individuals and
entities, does not include Serge Bout on its list." However, Viktor Bout
does not have a brother called Serge, although he does have one named Serguei.
Despite a history of making false claims to boost business, World-Check has
found no shortage of business partners among companies claiming to be experts
in detecting such activity, even in cities that were the targets of the 9/11
attacks. For example, Marsh & McLennan-owned Kroll Inc., which has a mutual
referral relationship with World-Check, is headquartered in New York, while PR
firm DBC Public Relations Experts is located in Washington D. C.
Kroll charges clients hundreds of dollars per hour to help them detect
fraud and, in an article published by The Miami Herald on April 21, 2003, Kroll
claimed it was so adept at protecting clients from financial crime that
"banks in Latin America now talk of the need to ''Krollicize''
themselves". However, Kroll was apparently unable to complete the simple
task of detecting World-Check's marketing fraud when sent links to documentary
evidence by OffshoreAlert or simply did not care enough to do anything about
it.
"The Kroll employees with whom I spoke are aware of your previous
stories and related efforts to publicize your concerns about World-Check's
product within Kroll, in the AML compliance community and through speaking
engagements," stated Kroll's Media Relations Manager Jodie
Rosenbloom. "We will say that these concerns have never been raised
by the private sector and government FIU [Financial Intelligence Unit]
World-Check users that we have been in contact with, and in our experience,
they tend to be satisfied with the quality of World-Check's product. We
are also active users of their product. We would not have entered into a
channel partner agreement with them otherwise."
Another World-Check business partner, Minnesota-based Bankers Systems Inc.,
which purports to be a leader in risk management, showed little interest in
reducing its own risk when contacted by OffshoreAlert and did not even want to
receive our evidence against World-Check.
"The selection of World-Check as the BSI provider of global
information concerning high-risk individuals was made after conducting
considerable research and evaluation of competitive offerings," stated
Bankers Systems. "Since the formation of our product agreement,
World-Check has proven to be a valuable partner providing a quality solution to
our bank customers. As with any product or service, Bankers Systems is
extremely concerned with the accuracy and functionality of World-Check. To
date, our customer feedback regarding World-Check has been decidedly positive.
We will continue to monitor the performance of the World-Check product for its
effectiveness using our own internal mechanisms as well as the evaluations we
receive from current and future customers."
Bankers Systems did, however, remove promotional material from its web-site
after OffshoreAlert pointed out that it was inaccurate. The firm had been
falsely claiming that, through its distribution of World-Check, "Bankers
Systems is the sole provider of this, or any, integrated service in the U.S.
that screens potential and existing customers of financial institutions against
a global list of high-risk individuals and organizations".
Meanwhile, a warning about doing business with the wrong compliance
software provider was sent to bank CEOs and Chief Information Officers on
November 16, 2004 by the Federal Deposit Insurance Corporation, which is an
independent agency of the U. S. federal government.
Urging banks to conduct "proper due diligence when selecting computer
software or a service provider", the agency added: "The FDIC has
determined that certain software products used by financial institutions do not
comply with applicable laws and regulations, including the Bank Secrecy Act,
which includes the USA PATRIOT Act. Management is responsible for ensuring that
commercial off-the-shelf (COTS) software packages and vendor-supplied in-house
computer system solutions comply with all applicable laws and
regulations." It did not identify any vendors whose products it considered
to be deficient.
Below are
questions that OffshoreAlert recently sent to World-Check principal David
Leppan and answers that were emailed by someone at the firm who did identify
himself/herself. Before OffshoreAlert
exposed World-Check in November, 2002, Leppan wrote in an email that its
publisher had a "fine reputation". As you can read below, his opinion
has changed since then.
OA: On
December 13, 2004, World-Check issued a press release stating, inter alia, that
"the Department of Homeland Security (DHS) is using the World-Check system
on a trial basis to help sort existing federal banking and immigration-related
data to detect potential terrorist and criminal activities". Similar
claims were made in recently-published articles, based on interviews with you,
that were published by the New York Times and American Banker. However,
Homeland Security spokesman Dean Boyd stated that the NY Times article
"grossly misrepresented" the facts and Homeland Security issued a
press release on December 28, 2004 denying that it was using World-Check. What
are your comments on this discrepancy? Is this another example of World-Check
lying or misleading journalists and/or the public, as it has done in the past,
most notably with false claims about having profiles of 15 of the 19 September
11 terrorists in its database before the attacks, and also that it had 15 of
the 22 U. S. 'Most Wanted' terrorists in its database before September 11?
WC: World-Check stands by its
press release, which is accurate and was approved by DHS. We are unaware
of the DHS spokesman's comments that you claim, but will contact him to discuss
any discrepancies. World-Check neither lies nor misleads journalists, its
clients or the public. World-Check has nothing to lie about and nothing to
conceal no matter how much you attempt, in your publication to disparage our
good name in hopes of financially benefiting.
OA: Homeland Security stated
that "ICE has never used this product in any criminal or civil
investigation". In the New York Times article, however, it was stated that
"David Leppan, chief executive of World-Check, the British company that
has provided the database to American officials, said the recent test runs had
produced a number of promising hits on people with suspected criminal ties
overseas who had entered the United States with more than $10,000 in cash or
made other financial transactions in this country that were reported to the
government". How do you explain this contradiction?
WC: You already have the
answer to your question, Mr. Marchant, if you review the press release and the
articles with care. Mr Leppan's statement clearly indicated the use
was in a test run environment. DHS reiterated this point by stressing it
had never been used in a 'criminal or civil investigation'. There is no contradiction.
Mr. Leppan's statement, I am afraid, Mr. Marchant, cannot be construed in
any other way – no matter how disappointing this may be to you. Your
motivations and tactics are deplorable. Do your readers know your true
financial interests and motivations in this baseless attack on our good name?
OA: Did World-Check and/or
any representative, including yourself, knowingly mislead journalists and the
public about its relationship with Homeland Security?
WC: Mr.
Marchant you appear to be running out of questions on this subject. You have
already asked this question and an answer has been provided above.
OA: Did World-Check and/or a
representative directly or indirectly compensate, financially or otherwise, New
York Times journalist Eric Lichtblau for writing his recent article which
Homeland Security described as misleading?
WC: You
may not be aware of this Mr. Marchant, but serious, reputable journalists do
not accept 'compensation'. No one within this company has ever given
or offered to give any form of compensation to any journalist. We do not
operate like this nor do we have any reason or requirement to. However
your suggestion reflects your moral character and motives.
OA: The
commonly-accepted definition of fraud is lying or misleading in order to obtain
a pecuniary advantage over another party. Do you consider yourself a fraudster?
WC: Fraud
is defined as 'something intended to deceive; deliberate trickery intended to
gain an advantage'.
Your attempt to fabricate
baseless stories against Mr. Leppan and this company over
several years in an attempt to generate any interest in your competitive
product has not only been ineffective, but is shameful and unethical.
Eventually, every one of your readers will come to know you for what you are.
To go to the length of calling Mr. Leppan a fraudster and a conman
only continues to prove to the financial community what most already know too
well about you and your publication. We, including the financial industry,
see right through your tactics and despicable intent. Our team will
continue to do their jobs professionally and honestly, no matter how much
longer or how you attempt to blacken our good name and reputation.
Once
again, an appeal, to you as a self-proclaimed 'journalist' to publish ALL
of your questions and ALL of my answers as they very accurately depict your
true motivations and the lack of a story. However, you always neglect to do
so—so it can be safely assumed this time will be no different.