[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] PROMOTING CORPORATE TRANSPARENCY: EXAMINING LEGISLATIVE PROPOSALS TO DETECT AND DETER FINANCIAL CRIME ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON NATIONAL SECURITY, INTERNATIONAL DEVELOPMENT AND MONETARY POLICY OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ MARCH 13, 2019 __________ Printed for the use of the Committee on Financial Services Serial No. 116-9 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] __________ U.S. GOVERNMENT PUBLISHING OFFICE 36-559 PDF WASHINGTON : 2019 -------------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California PETER T. KING, New York GREGORY W. MEEKS, New York FRANK D. LUCAS, Oklahoma WM. LACY CLAY, Missouri BILL POSEY, Florida DAVID SCOTT, Georgia BLAINE LUETKEMEYER, Missouri AL GREEN, Texas BILL HUIZENGA, Michigan EMANUEL CLEAVER, Missouri SEAN P. DUFFY, Wisconsin ED PERLMUTTER, Colorado STEVE STIVERS, Ohio JIM A. HIMES, Connecticut ANN WAGNER, Missouri BILL FOSTER, Illinois ANDY BARR, Kentucky JOYCE BEATTY, Ohio SCOTT TIPTON, Colorado DENNY HECK, Washington ROGER WILLIAMS, Texas JUAN VARGAS, California FRENCH HILL, Arkansas JOSH GOTTHEIMER, New Jersey TOM EMMER, Minnesota VICENTE GONZALEZ, Texas LEE M. ZELDIN, New York AL LAWSON, Florida BARRY LOUDERMILK, Georgia MICHAEL SAN NICOLAS, Guam ALEXANDER X. MOONEY, West Virginia RASHIDA TLAIB, Michigan WARREN DAVIDSON, Ohio KATIE PORTER, California TED BUDD, North Carolina CINDY AXNE, Iowa DAVID KUSTOFF, Tennessee SEAN CASTEN, Illinois TREY HOLLINGSWORTH, Indiana AYANNA PRESSLEY, Massachusetts ANTHONY GONZALEZ, Ohio BEN McADAMS, Utah JOHN ROSE, Tennessee ALEXANDRIA OCASIO-CORTEZ, New York BRYAN STEIL, Wisconsin JENNIFER WEXTON, Virginia LANCE GOODEN, Texas STEPHEN F. LYNCH, Massachusetts DENVER RIGGLEMAN, Virginia TULSI GABBARD, Hawaii ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director Subcommittee on National Security, International Development and Monetary Policy EMANUEL CLEAVER, Missouri, Chairman ED PERLMUTTER, Colorado STEVE STIVERS, Ohio, Ranking JIM A. HIMES, Connecticut Member DENNY HECK, Washington PETER T. KING, New York BRAD SHERMAN, California FRANK D. LUCAS, Oklahoma JUAN VARGAS, California ROGER WILLIAMS, Texas JOSH GOTTHEIMER, New Jersey FRENCH HILL, Arkansas MICHAEL SAN NICOLAS, Guam TOM EMMER, Minnesota BEN McADAMS, Utah ANTHONY GONZALEZ, Ohio JENNIFER WEXTON, Virginia JOHN ROSE, Tennessee STEPHEN F. LYNCH, Massachusetts DENVER RIGGLEMAN, Virginia, Vice TULSI GABBARD, Hawaii Ranking Member JESUS ``CHUY'' GARCIA, Illinois C O N T E N T S ---------- Page Hearing held on: March 13, 2019............................................... 1 Appendix: March 13, 2019............................................... 35 WITNESSES Wednesday, March 13, 2019 Cohen, Jacob, former Director, Office of Stakeholder Engagement, Financial Crime Enforcement Network (FinCEN)................... 5 Lormel, Dennis M., President & CEO, DML Associates, LLC.......... 8 Sharma, Amit, Founder and CEO, FinClusive........................ 9 Shiffman, Gary M., CEO, Giant Oak, Inc........................... 11 APPENDIX Prepared statements: Cohen, Jacob................................................. 36 Lormel, Dennis M............................................. 42 Sharma, Amit................................................. 52 Shiffman, Gary............................................... 61 Additional Material Submitted for the Record Cleaver, Hon. Emanuel: Written statement of the American Gaming Association......... 64 Written statement of the Credit Union National Association... 66 Written statement of the FACT Coalition...................... 67 Written statement of the Jubilee USA Network................. 68 Written statement of the National Fraternal Order of Police.. 69 Written statement of various undersigned trade associations.. 71 Written statement of the National Association of Federally- Insured Credit Unions...................................... 75 New York Times article entitled, ``2 Former Goldman Executives Barred From Banking Indusry After Malaysia Fraud Scandal,'' dated March 12, 2019............................ 77 Garcia, Hon. Jesus ``Chuy'': Fair Share Education Fund report entitled, ``Anonymity Overdose; Ten cases that connect opioid trafficking and related money laundering to anonymous shell companies,'' dated August 2016.......................................... 80 Lynch, Hon. Stephen: Written statement of the FACT Coalition...................... 100 Washington Post editorial entitled, ``Putin and other authoritarians' corruption is a weapon--and a weakness,'' dated March 8, 2019........................................ 101 Perlmutter, Hon. Ed: Letter to Bob Carlson, President, American Bar Association, from various lawyers with expertise in the field of business and human rights, dated March 11, 2019............ 103 PROMOTING CORPORATE TRANSPARENCY: EXAMINING LEGISLATIVE PROPOSALS TO DETECT AND DETER FINANCIAL CRIME ---------- Wednesday, March 13, 2019 U.S. House of Representatives, Subcommittee on National Security, International Development and Monetary Policy, Committee on Financial Services, Washington, D.C. The subcommittee met, pursuant to notice, at 2:09 p.m., in room 2128, Rayburn House Office Building, Hon. Emanuel Cleaver [chairman of the subcommittee] presiding. Members present: Representatives Cleaver, Perlmutter, Heck, Sherman, Vargas, Gottheimer, Wexton, Lynch, Garcia; Stivers, Williams, Hill, Gonzalez, Rose, and Riggleman. Ex officio present: Representatives Waters and McHenry. Also present: Representatives Maloney and Luetkemeyer. Chairman Cleaver. The Subcommittee on National Security, International Development and Monetary Policy will come to order. Without objection, the Chair is authorized to declare a recess of the subcommittee at any time. Also, without objection, members of the full Financial Services Committee who are not members of this subcommittee are authorized to participate in today's hearing. Today's hearing is entitled, ``Promoting Corporate Transparency: Examining Legislative Proposals to Detect and Deter Financial Crime.'' I now recognize myself for 3 minutes to give an opening statement. I would like to thank Chairwoman Waters for creating this new Subcommittee on National Security, International Development and Monetary Policy. These are some of the most pressing issues facing our country and the world, and I am excited for the opportunity this Congress presents to confront them head on. Many of the matters that are likely to come before this subcommittee have historically enjoyed bipartisan support. They go to the very heart of our most profound responsibilities as Members of Congress: preserving America's national security, and the United States' global position as an international leader in free and fair markets. I am convinced that there is no better issue to start our subcommittee's work than a discussion of policies to detect and deter these financial crimes. Since the last major anti-money laundering reforms in 2001, the national security threats that face our country have evolved profoundly. Cyber and technological attacks have risen to the very top of our most recent worldwide threat assessment as a paramount national security risk. Underground online trafficking now allows for simplified avenues to transport illicit materials across the nation and around the globe. While the bill that we are dealing with today will close a number of loopholes that have allowed for financial crimes to be committed, it will also pull us into the 21st Century by positioning the U.S. to face tomorrow's challenges. An innovation council will be created from this bill, represented by directors from each innovation lab, who will coordinate on active Bank Secrecy Act compliance. It is imperative that we modernize our efforts to combat financial crimes because our adversaries will continue to modernize theirs. And this proposal is an important step, even though it is our first step. With that, I will also be sending a letter to the Treasury's Financial Crimes Enforcement Network (FinCEN) this week to discuss how Fintech is being deployed to confront illicit finance. I am also happy to see that the committee will be considering Congresswoman Maloney's bill, which I know she and her team have worked very long and hard on. The straightforward bill provides needed transparency by requiring companies in the United States to disclose the financial beneficiary in order to prevent criminals and wrongdoers from exploiting their status as a company for criminal gain. I am also pleased that we will be considering Congressman Lynch's Kleptocracy Asset Recovery Rewards Act. This bill establishes in the Treasury Department, a Kleptocracy Asset Recovery Rewards Program, which may provide rewards to individuals providing information leading to the restraining, seizure, forfeiture, and reparations of stolen assets linked to foreign government corruption. These are all very important proposals, and I am eager to hear from our witnesses on their perspectives and insight. I will now recognize the ranking member of the subcommittee, Mr. Stivers, for such time as he may consume. Mr. Stivers. Thank you, Mr. Chairman. It is an honor to serve with you as the lead Republican on the National Security, International Development and Monetary Policy Subcommittee. And I want to commend you for your work on anti-money laundering. The draft we have today, I think, is important, and an important conversation to have. Some of the provisions that you have included originate from bipartisan bills from the last Congress, and I appreciate that bipartisan approach. I also agree that we must modernize our approach to anti-money laundering and the Bank Secrecy Act. I also want to applaud Congresswoman Maloney for her dedication over the years in combating the use of shell companies by criminals, terrorists, and rogue nations, and commend my colleagues, Steve Lynch and Ted Budd for their work on the Kleptocracy Asset Recovery Rewards Act. We are fortunate to serve on this subcommittee, because the jurisdiction that we cover is frequently very bipartisan, which I think will make our work easier. But there are a lot of hard things that we have to do. And I know that everyone on this subcommittee is dedicated to preventing criminals and terrorists from accessing our financial network and financial system. While we may disagree about the best way to accomplish these things, we all want to keep money out of the hands of those who would cause us harm. The two benchmarks I will use when I evaluate bills before today's committee are: number one, will the legislation be effective at accomplishing its stated goals; and number two, will these bills be the most efficient means to accomplish their objective? Or do some of the provisions impose unnecessary burdens that can be improved? As we try to answer those questions, we should also be careful to ensure our actions don't result in unintended consequences. The provision of the anti-money laundering draft speaks to this point. The provision which I support directs Treasury to conduct a study on de-risking. This is a practice of financial institutions closing accounts they deem high risk. Some of these accounts are genuinely suspicious and are rightfully terminated. Others belong to people who arguably are at the greatest need for access to our financial system such as legitimate international charities responding to humanitarian crises. Here, timely financial access to payment for medical equipment or supplies can have lifesaving consequences. So I think it is important that we look at this practice. This de- risking is undeniably a result of our well-intended but sometimes current laws and policies. As we examine our bills under consideration today, I want to be mindful to avoid these mistakes in the future. Thank you to the witnesses for being here today. I am looking forward to hearing your testimony today. And I want to thank the chairman for having this hearing. And I would like to yield 1 minute to the vice ranking member of the subcommittee, Mr. Riggleman. Mr. Riggleman. Thank you, Chairman Cleaver, for calling this important hearing today. BSA/AML laws and regulations serve as the legal framework to help our financial institutions safeguard the financial system. From its origins in the 1970 Bank Secrecy Act, BSA/AML has attempted to adapt to continued threats of financial crime. I support FinCEN in its mission to enforce BSA/AML, because I believe that preventing illicit finance on all fronts is essential to national security. I personally witnessed the benefits of cutting the head off the snake. However, I am very worried that the current framework is, at times, both onerous and outdated and, therefore, unable to keep pace with emerging threats and evolved criminals that have adapted to our security posture. Criminals are constantly adapting their tactics, techniques, and procedures (TTPs) to bypass our defenses. As Congress considers reforms to the law, it is critical that we provide the private sector with a flexible, suitable, and effective regulatory regime that actually assists banks and credit unions in preventing illicit finance. We should strive to equip regulators and financial institutions with clear directives and critical information, and create strong partnerships with law enforcement. Collaborative data sharing between law enforcement and financial institutions is essential to supporting FinCEN's mission. I very much look forward to hearing the testimony from our witnesses. And thank you for being here today. I yield back. Chairman Cleaver. Thank you. Chairman Cleaver. Thank you, Mr. Stivers. The Chair now recognizes the gentlelady from California, the Chair of the full Financial Services Committee, Ms. Waters, for such time as she may consume. Chairwoman Waters. Thank you very much, Mr. Chairman. And congratulations on convening the first hearing of the Subcommittee on National Security, International Development and Monetary Policy. This hearing is on an important and timely topic: promoting corporate transparency and safeguarding our financial system from terrorists, traffickers, corrupt officials, and other criminals. Our nation's anti-money laundering framework needs an overhaul. In the past few years, we have seen an increase in human and narcotics trafficking through online marketplaces, large-scale cyber attacks from maligned foreign actors, and the proliferation of shell companies being used to hide illicit funds. It is for this reason that the House debated a resolution I introduced that advocates for the closure of money-laundering loopholes. At the same time, we have experienced tremendous technological advances that can both help detect bad actors, and facilitate terrorism and crime. The need for responsible innovation of new technologies is especially important in this rapidly changing environment. In addition, the Treasury Department and its partners need better access to actionable financial intelligence. And financial institutions large and small must better understand what is required of them in the shifting landscape. It is also painfully clear that some institutions unrepentantly abuse our financial system and are willfully blind to money laundering occurring within the banks instead of being held criminally accountable. However, these institutions often get away with penalties and fines that amount to a slap on the wrist. The legislation being discussed today would address these concerns while also improving compliance and innovation, thus strengthening the anti-money laundering framework. I yield back the balance of my time. Thank you. Chairman Cleaver. Thank you. Today, we welcome the testimony of our four witnesses. Our first witness is Mr. Jacob Cohen. Mr. Cohen is a subject matter expert, with over 8 years of policy, regulatory, and operational experience working to combat money laundering and terrorist financing domestically and internationally. From 2012 to 2018, Mr. Cohen held various roles in the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence, including as policy advisor in the Office of Terrorist Financing and Financial Crimes. He also served for several years as the Director of the Office of Stakeholder Engagement at the Financial Crimes Enforcement Network (FinCEN). He currently advises financial institutions and emerging Fintech companies regarding Bank Secrecy Act requirements and potential exposure to economic sanctions, money laundering, and terrorist financial risk. Welcome, Mr. Cohen. Our second witness is Mr. Dennis Lormel. Over the last 15 years, Mr. Lormel has served as the founder and president of DML Associates, where he provides consulting services and training related to terrorist financing, money laundering, fraud, financial crimes, suspicious activity, and due diligence. Prior to that, Mr. Lormel served as a Special Agent at the Federal Bureau of Investigation for 28 years where, in 2000, he became Chief of the FBI's Financial Crimes Program. Following the terrorist attacks of September 2001, Mr. Lormel established and directed the FBI's comprehensive terrorist financing initiative, which evolved into the formation of the formal section within the counterterrorism division of the FBI known as the Terrorist Financing Operation Section. Welcome, Mr. Lormel. Our third witness is Mr. Amit Sharma. Mr. Sharma is the founder and CEO of FinClusive, a digital financial services platform for financially underserved and excluded entities that leverages blockchain technology and risk compliance tools to drive financial inclusion, build economic resilience, and protect financial system integrity. Mr. Sharma previously served as Chief of Staff to Deputy Secretary Robert Kimmitt, and as advisor to Treasury's senior team under Secretary Henry Paulson. Prior to that, he served at the Treasury's Office of Terrorism and Financial Intelligence, where he developed tools to combat transnational threats and financial crime and anti- money laundering counterterrorist financing strategies. Welcome, Mr. Sharma. Our final witness is Dr. Gary Shiffman. Dr. Shiffman is an expert in the economics of organized violence, and the CEO and president of Giant Oak, Incorporated. His company supports Federal law enforcement and compliance professionals in regulated industries through software that brings the craft of behavioral science together with computer science and subject matter expertise to better understand patterns of illicit human behavior, such as money laundering, human trafficking, drug trafficking, insurgency, and terrorism. Dr. Shiffman previously served as Chief of Staff at the U.S. Customs and Border Protection. He also teaches at Georgetown University in the School of Foreign Service. I welcome all four of you. Mr. Cohen, you are reminded that your oral testimony will be limited to 5 minutes. And without objection, your written statement will be made a part of the record. You are now recognized for 5 minutes. STATEMENT OF JACOB COHEN, FORMER DIRECTOR, OFFICE OF STAKEHOLDER ENGAGEMENT, FINANCIAL CRIME ENFORCEMENT NETWORK (FINCEN) Mr. Cohen. Thank you. Chairman Cleaver, Ranking Member Stivers, and distinguished members of the Subcommittee on National Security, International Development and Monetary Policy, I am honored by your invitation to testify before you today. Today, I want share my views on the importance of providing FinCEN and the Department of the Treasury with the appropriate resources to expand engagement in collaboration with domestic and global stakeholders. I will focus my remarks on FinCEN engagements efforts domestically, but I will also touch upon Treasury engagements with foreign counterparts through its attache and technical assistance program. The current AML/CFT landscape in the United States and around the world is complex, dynamic, and requires FinCEN and its private sector partners to constantly adapt. The global dominance of the U.S. economy places FinCEN and U.S. financial institutions at the forefront of combating financial crimes. To continuously adapt to the ever-evolving threats, FinCEN must have the resources to regularly and systematically engage with all its stakeholders. FinCEN plays an often understated, but outsized role in protecting the integrity of our financial system. FinCEN serves two roles. First, it is a financial intelligence unit, or FIU, for the United States. FinCEN is responsible for the collection, analysis, and dissemination of financial intelligence to law enforcement agencies and other authorities. Second, FinCEN is the lead AML/CFT regulator for the Federal Government. To effectively carry out these roles, FinCEN engages and shares information with the private sector through a variety of mechanisms, including Bank Secrecy Act advisory group (BSAAG) meetings, sharing information through advisories with financial institutions, and select speaking engagements. However, these engagement efforts are not sufficient to keep up with the current threats and the increasing cost from industry for more information to better detect and deter financial crimes. Held twice a year, BSAAG meetings allow FinCEN and other regulators to have frank discussions with a cross-section of industry representatives regarding the operations of the Bank Secrecy Act. However, engagement with a small fraction of financial institutions twice a year is not sufficient to generate the level of collaboration, continuous change, and learning that FinCEN and the private sector need to engage in to stay abreast of emerging threats and identify innovative approaches to continuously update and modernize our BSA/AML regime. FinCEN also communicates with industry by issuing public and nonpublic advisories to alert industry of specific financial crime threats. These advisories provide actionable information to financial institutions that allows them to enhance their AML monitoring systems and produce more valuable reporting. Due to limited resources dedicated to engage stakeholders, not to mention limited analytical support, FinCEN publishes advisories infrequently. This is evidenced by the low number of threat-specific advisories issued by FinCEN over the past 3 years. Advisories on human trafficking, trade-based money laundering, and virtual currency were notably missing. Today, I would like to express my strong support for a few provisions in the discussion draft that I believe will enable FinCEN and Treasury to continue to meet the challenges facing our financial system. The scope of FinCEN's responsibilities require ongoing engagement with stakeholders beyond the Beltway. Providing FinCEN with the resources to deploy domestic liaisons in key cities across the country would allow FinCEN to systematically engage with financial institutions, Federal, State and local partners, and other stakeholders. The benefits of such a program would be substantial. Similar benefits include: identifying region-specific illicit finance risks; issuing region- or industry-specific advisories and geographic targeting orders; communicating priorities and guidance more directly, and with greater frequency to stakeholders; staying abreast of opportunities and challenges of BSA/AML-related innovation. In December 2017, FinCEN launched a FinCEN exchange program to enable greater information sharing between the public and private sectors. Sharing information about specific threats enables financial institutions to more effectively allocate the limited resources, to identify and report illicit financial activity. This important initiative should be supported with dedicated resources for FinCEN to conduct the necessary research and analysis, and to increase collaboration with the private sector. Treasury attaches play a key role in advancing U.S. sanctions policy, advocating for implementation of financial action tasks for recommendations, and combating financial crime threats. However, limited resources and the small footprint of the attache program forces Treasury to play a zero-sum game, essentially closing programs in countries that might still offer significant value when a new program elsewhere is required. Treasury, through its Office of Technical Assistance (OTA) supports foreign regulatory law enforcement, FIUs, and judicial authorities. OTA's approach entails strengthening and integrating the work of the entire spectrum of AML/CFT stakeholders, but with a specific focus on FIUs as a lynch pin of an effective AML/CFT regime. This enables FinCEN to engage in more productive information-sharing relationships with FIU partners around the world. While these proposals will enhance FinCEN's ability to increase engagement with industry, without the proper resources to support these new requirements, you will be placing additional burdens on an already resource-strained bureau. In my experience, one of the greatest challenges for FinCEN has been its ability to hire and retain mission-critical staff. FinCEN is at a disadvantage because it competes for the same experts with Federal banking agencies (FBAs), law enforcement, and the intelligence community, which either have higher salaries, special hiring authority, or both. Allowing the Director of FinCEN to set salaries at the level of the FBA's will position FinCEN to better compete for quality candidates, and I would also urge this committee to consider providing FinCEN special hiring authority to recruit high-quality candidates for mission-critical, hard-to-fill positions. This would go a long way toward ensuring FinCEN is best positioned to achieve its mission, and to adapt to new and emerging threats to our financial system. Thank you for the opportunity to testify today. I look forward to your questions. [The prepared statement of Mr. Cohen can be found on page 36 of the appendix.] Chairman Cleaver. Thank you. Mr. Lormel? STATEMENT OF DENNIS M. LORMEL, PRESIDENT & CEO, DML ASSOCIATES, LLC Mr. Lormel. Thank you, sir. And thank you for inviting me. I appreciate it, and I want to congratulate the committee for the work you are doing. I think it is really important. In your opening remarks, I agreed with everything you just said. And, Mr. Stivers, the comment you made about the inclusion and about the unintended consequences is really important. And that is one of the things I want to focus on later. Thank you for accepting my written statement. And I would like to highlight some things around that. I have been involved in this space--fighting fraud, corruption, money laundering, and terrorist financing--for over 45 years now. And these are very serious problems, as you pointed out. Mrs. Maloney, I want to congratulate you and thank you for your perseverance in continually bringing up the beneficial ownership issue. I think that is an incredibly important issue. So, thank you for that. I know firsthand, having been in law enforcement, and the first shell company I ever dealt was in 1975. So that goes back a long way. I want to strongly encourage the committee to pass this legislation, the beneficial ownership legislation. I have been an advocate for this since 2012, and I think it is really important. I think all of the legislation that you are considering is extremely important. It's interesting that you bring up the kleptocracy issue with--and Mr. Lynch, thank you for that--the beneficial ownership issue, because kleptocracy, if you want case studies, go to every kleptocracy case out there. One MDB right now is one of your most significant cases. And that has shell companies all over it, and it is so difficult to follow those cases, so thank you for that. Looking at the beneficial ownership legislation, I think the best-case scenario would be if we had the incorporation information captured and reported at the point with the States' Secretaries of State. That is not a realistic opportunity, so I think the opportunity that Mrs. Maloney is advancing by using FinCEN as the conduit and repository for information is our good-case scenario. And it is our best alternative going forward. I think it helps law enforcement. It certainly gives law enforcement a lot of good access, and I am sure we will discuss that later. I like what is not included in the other bill, which is the thresholds, the reporting thresholds for SARS and CTRs. In my written statement, I spent a lot of time on the Bank Secrecy Act. Law enforcement is your number one beneficiary of Bank Secrecy and the reporting. And having been an FBI agent, I was the firsthand beneficiary of suspicious activity reports and CTRs. I think anything to diminish the reporting levels would be very detrimental for law enforcement, and I would encourage you, and encourage every committee, to really consult with law enforcement on that issue, because it is so important. In terms of the other things here, I like the theme in your bill about information sharing and building partnerships. Those are critically important. And the innovation. I am not an IT expert. These two gentlemen are. And I certainly defer to them on that. But innovation is critically important. When you can combine partnerships with innovation, that is a win-win situation for us going forward. And I think that is critically important. I think the information sharing--if you can expand 314, that is one of the biggest things I hear, one of the detriments, is that we didn't have a consistent feedback mechanism to financial institutions. And I was partly responsible when I was running the financial crimes program. I met with the Director of FinCEN on a regular basis, and we beat that to death trying to figure out how do you do it. Well, that 314(a), how you recommended it here of providing scenarios and kind of working concepts I think is fantastic. I think that is the type of thing, and I think my old organization, TFOS, in the FBI, they have a tremendous working model just where they do that, where they have a working group of financial institutions, and they share that information. And on that, I am going to run out of time, so I will stop, and I will look forward to questions. [The prepared statement of Mr. Lormel can be found on page 42 of the appendix.] Chairman Cleaver. Thank you, Mr. Lormel. You are now recognized for 5 minutes, Mr. Sharma. STATEMENT OF AMIT SHARMA, FOUNDER AND CEO, FINCLUSIVE Mr. Sharma. Ranking and distinguished members of the subcommittee, thank you very much for the opportunity to testify before you today. In particular, I am grateful for the opportunity to discuss several initiatives that this committee and others in Congress broadly are pursuing to modernize our anti-money laundering and counterterrorist financing regime of the United States, and the attendant issues that emanate from the U.S. Bank Secrecy Act amidst an ongoing and evolving financial crimes threat, not only in terms of the evolution of how criminals move money, but also the attendent consequences or, albeit unintended, of de- risking and the issues related to financial exclusion, which I believe are paramount, and certainly related to our broader national security objective. I am happy to discuss during the Q&A session additional issues associated with this hearing, including corporate transparency, beneficial ownership, and other parts of Titles I, II, and III. But I am going to focus my short remarks on the issues related to strengthening the coordination between public and private agencies, in particular, in recognition of the evolution of technology to advance some of these issues, not only for inclusion, but also to enhance, modernize, and make much more efficient the anti-money laundering and counterterrorist financing regime for banks and nonbanks alike. To start, I would say that there are several important trends that are very, very important to recognize, as we think about both the evolution of illicit finance threats, and the evolution in financial services themselves. The first is the recognition that there has been, and continues to be, an exponential increase in financial intermediation taking place outside of traditionally regulated channels. The direct extension of credit and lending by institutions, and individuals to one another, peer-to-peer transactions, web- and mobile-based banking, the increased digitization and tokenization of financial instruments and assets, and these are just some examples. Under any rubric, we are seeing financial innovation blossom to assist traditional financial market participants and increasingly nontraditional entrants are driving that innovation. And we have to take notice of the same when we think about modernizing and strengthening the broader BSA requirements that impact them. Secondly, this growth in financial activities outside traditional channels provides a hugely tremendous opportunity to increase access for the globally underserved, the underbanked, the unbanked, and those otherwise financially excluded. Such efforts have understandably given financial regulators pause as nonbank entities and other nontraditional market participates have come in. Technology and social media companies, online and e-commerce retailers, corporate entities with large recurrent user and consumer populations, and others with large and growing affinity groups are increasingly realizing the commercial benefits and the potential of providing financial intermediation within their infrastructure and their networks. And while some of these provide tremendous opportunities, the attendant issues that have otherwise impacted and really been relegated specifically to traditional financial institutions, must now necessarily apply to that growing nontraditional space. Finally, since the tragic events of September 2001, and exacerbated by the credit and financial crisis in 2008, there is a growing body of regulation. Financial oversight rules have understandably caused consternation, not only to traditional market players, but increasingly in the nontraditional, nonbank sector. With an average governance risk and compliance, GRC spend for most major banks of 25 percent or more, many organizations are presented with this unfortunate economic decision of whether or not to do business with certain sectors, with certain constituents, and has led importantly to financial exclusion and exacerbated de-risking. I think the comment and the joint statement in December 2018 by the financial regulators to talk about innovation and the AML/CFT space is a very, very good start. But I think some practical steps can emphasize taking that forward in a meaningful way with industry. One, coordination with examiners. Having senior leadership and director level at individual regulators drive finance, technology, and innovation centers with examiners in the field is paramount. Too often, bank and nonbank entities have to navigate this myriad examination space that is largely uncoordinated between the State and Federal level, and doing so with examiners not only helps with respect to the assessment and application of technology, but with the examination and audit process itself. State-based coordination is paramount to enhance that coordination, but also to ensure that bank and nonbank applications of this technology are kept in check, and are done so in a way that financial industry participants, when facing exams with and by State and Federal authorities, where sometimes there may be conflict, can do so and reconcile. In sum, we have to look at some of these financial inclusion tools as part of the national security tool kit and the AML/CFT process versus looking at it as a binary and false choice between inclusion and AML/CFT implementation. And I think with that in mind, I certainly commend this subcommittee's and other efforts to modernize the system to do the same. [The prepared statement of Mr. Sharma can be found on page 52 of the appendix.] Chairman Cleaver. Thank you. Mr. Shiffman? STATEMENT OF GARY M. SHIFFMAN, CEO, GIANT OAK, INC. Mr. Shiffman. Distinguished members of the subcommittee, thank you for the opportunity to appear before you today to discuss the important topic of countering financial crime. I am an economist who focuses on technology, behavioral science, and people who do bad things such as money laundering, human trafficking, drug trafficking, terrorism, fraud, and corruption. I am the CEO of Giant Oak, a software company focusing on making screening easy. I teach courses at Georgetown University on organized violence. And I am also a Navy Gulf War veteran, and I have served in Federal law enforcement. I have no interest in reforming AML compliance for compliance's sake. I tell you about my background to emphasize this point. I come to the subcommittee today as a technologist to argue that we can and must do better to combat money laundering, trafficking, terrorism, and other illicit acts. Our current AML regime requires radical reform. We are inefficient. According to the United Nations, the estimated amount of money laundering globally in 1 year is 2 to 5 percent of global GDP. At the same time, spending to combat money laundering and the financing of terrorism exceeds $7 billion in the United States, and $25 billion globally. However, of the approximately 2 million suspicious activity reports generated by today's AML systems for FinCEN, less than 5 percent of those provide value. In short, it appears we have an AML regime which compels the industry to spend billions of dollars, generates mostly useless data, and counters less than 1 percent of the problem. We must do better. We can begin by harnessing available technologies and focusing them on supporting our law enforcement and national security professionals. When I say, ``technology,'' I refer primarily to machine learning, artificial intelligence, and the application of behavioral science to patterns in data analytics. I define machine learning as the training of computers to identify patterns in data. If you imagine a spreadsheet with millions of rows and columns, it is not hard to believe that patterns exist somewhere in the data. But because our human eyes and brains cannot find those patterns, none of us will ever again live in a world without machine learning. By utilizing machine learning, we can teach computers to find and reveal patterns for us. Any future AML regime must include machine learning, and a future BSA/AML regime without machine learning seems unbelievable. So what can we do? To build the best machine to detect and deter financial crime, one needs good training data. Machines are literal. If you teach a machine to play chess, it will not learn to play checkers. The best machine on the planet for AML will be built by training it on AML data. If we apply this to financial crimes, the vulnerabilities and opportunities are obvious. Government agencies know which SARs provided the best quality information, but the banks do not, so they cannot train their tools properly. The few banks using machine learning for AML today train their machines on previous years' SARs data. But if more than 95 percent of past SARs were wrong, then the banks simply perpetuate the inaccuracies, just more efficiently. However, with feedback from law enforcement, systems can learn and improve. This is where we need to bring the AML regime: information sharing, and priorities. I do not want to end without raising a word of caution. Computers are powerful tools that can do both good and bad. As far back as the 1968 Stanley Kubrick and Arthur C. Clarke film, ``2001, a Space Odyssey,'' we humans have understood the need to harness the computer. To ensure we maintain the balance between risks and rewards of advancing technologies, I suggest three core principles for the subcommittee to consider as part of any reform or legislative proposal. First, encourage information sharing between law enforcement, financial institutions, and regulators. This will enable the sharing of priorities and the training data for machine learning. Second, avoid opaque solutions where humans cannot understand and interpret the internal processes and outcomes of the machines. And, third, keep humans in the loop. Let machines sort and filter data, but let humans adjudicate good and bad, right and wrong. To close, machine learning already pervades our lives. Technology will increasingly enable regulated financial institutions to identify threats with increasingly precise measurements that will enable enhanced security, protection of privacy, and promotion of financial inclusion. We spend billions today to generate mostly useless data, and miss 99 percent of global financial crime. Law enforcement knows that better systems, based upon existing technologies, are available to generate good data and keep us all more safe and secure. Thank you for your time. I look forward to your questions. [The prepared statement of Dr. Shiffman can be found on page 61 of the appendix.] Chairman Cleaver. Thank you very much. I now recognize myself for 5 minutes for questions, and begin by making reference to this New York Times article, which is very disturbing. It talks about one of the executives from Goldman who runs their Asian office, and he has pleaded guilty in a Federal criminal investigation of fraud, and has been ordered--this is the part that troubles me; it is not the main part--to forfeit $44 million. That is not insignificant. But that is the extent of his penalty, forfeiting $44 million. This is just one more example of what happens if you wear a tie and are considered to be in a proper job. I know people in jail who stole $44. That has nothing to do with the hearing, but I had to get it off my chest. But this particular fraud emanated in Malaysia. And I understand Treasury's Financial Crimes Enforcement Network, FinCEN, is one of 159 financial intelligence units in the world. Through international cooperation, these units are better able to detect and counter transnational crime, including terrorism. In my home State of Missouri, we have six foreign banking organizations engaged in a range of financial transactions. And so, I am hopeful they are not engaged in any such illicit activities and are not doing any damage to my constituents. But what makes me feel assured is Treasury's work with the international counterparts. So Mr. Cohen, can you discuss, ever so briefly, FinCEN's efforts with the international counterparts and the value of Treasury's technical assistance international attache's program? Mr. Cohen. Absolutely. I will start with FinCEN. FinCEN is part of the Egmont Group of financial intelligence units (FIUs). In fact, it is one of the founding members of that international body. It is a group of, as you said, 159 FIUs that meets on a regular basis to discuss what the operational standards are for information sharing. Between these bodies, these financial intelligence units, every country has more or less an equivalent of FinCEN. FinCEN has both financial intelligence units and regulatory responsibilities. Other FIUs just have one or the other, or maybe both. And so that engagement is tremendously important for the United States as we are one of the predominant players in that space in sharing information with our partners. And the information that we receive is tremendously helpful for our law enforcement agencies and others. In regards to the Treasury attache program, that is a program where we have, in select strategic countries around the world, just like you have CBP attaches, FBI attaches around the--I mean, embassies around the world. You have Treasury attaches, but to a much lesser extent. And they advocate for U.S. sanctions policy. They advocate for combating financial crimes, and implementation of international AML standards. So in that sense, it is tremendously important. Chairman Cleaver. Thank you. I want to get to the FBI. I could hardly wait to ask you this question. What can Congress do? Where can this committee begin in terms of creating international support and cooperation in fighting money laundering? You have places where people traditionally go to launder money, but what can we do as a body? Mr. Lormel. Thank you, sir, for that. I think there is an awful lot that you can do. And it starts with understanding what the issues and problems are. And to the point that Mr. Stivers made earlier about what not to overreact to, the first thing for law enforcement is--or the FBI law enforcement in general, is the reporting thresholds. We need to be able to have--and law enforcement needs the ability to access and to use that information. And they do that to a very good degree. I think part of the answer to the question you are asking is the difference between regulatory requirements and regulatory expectations involving the regulators. And I think there is kind of--if you look at it--the financial institutions and the regulators and law enforcement, there is a triangle here. And there are hard lines between the financial institutions and law enforcement, and financial institutions and the regulators. But there is a broken line between law enforcement and the regulators. Chairman Cleaver. Keep that line right there. I will get back to you with that line. My time is up. I recognize the distinguished ranking member for 5 minutes. Mr. Stivers. Thank you, Mr. Chairman. I really appreciate you calling this hearing. Again, I want to thank all the witnesses for your great testimony. And Mr. Lormel, I want to ask you first, there were 900,000 suspicious activity reports last year, give or take. That is an approximate number. I have to deal in round numbers because it is all I can handle. But of those, some were very useful, and some were less useful. And to the point you just made, I don't want to reduce the number of suspicious activity reports, but I want us to be able to efficiently process them, which speaks to Mr. Shiffman's point about machine learning. Are we using machine learning enough, and are we communicating back? I have looked at the draft in Sections 109, 201, 202, and 203. Nothing really refers back to the kind of machine learning and computers that have to happen to go through 900,000 reports. Are we helping create a more efficient system, to my opening statement again? And what can we do in this draft to empower that? I will go to Mr. Shiffman next. But have we mentioned the right things in here? I like the fact that it requires a feedback loop, but are we doing what we need to do? Mr. Lormel. I think this is a very good start. I think this is a great foundation to build on. The question you are asking, though, sir, it is such a much more complex issue, because if you look at suspicious activity reports from a law enforcement standpoint, the first part of your question was the analytics. And when I was at headquarters and on a program level, we would use those types of analytics. And we need more and better of those analytics, so I will defer to these-- Mr. Stivers. And I want to go to Mr. Shiffman now, because you brought up a really good point. Machines only learn what we tell them. So if we are not giving them good feedback, machines aren't getting better. We could be a lot more efficient. Is there anything in this draft we need to do to acknowledge what is going on, or be more specific about the machine learning that is going on to make it better? And I want to acknowledge, again, Mr. Chairman, this draft is great. It is a really good start. But I am asking, Mr. Shiffman, can we improve it? Mr. Shiffman. Thank you, Mr. Stivers. I agree. I think this draft is very good. I really like the bill and where it is going and take very little exception to anything in the bill. I would emphasize that--so picture a triangle. You have law enforcement, you have the regulators, and you have the banks. I would argue that communication across all those channels is not good, or is just one way sometimes. In order to take advantage of technology, the banks need the feedback from law enforcement so they can train their algorithms. The banks are already investing billions of dollars in this. So this isn't a matter of appropriating dollars. This is a matter of giving the banks the data they need to train algorithms and to set priorities. That concept is already in this bill. I would just emphasize it for the members of the committee. Mr. Stivers. I guess that goes to the heart of my question. When I read the draft, it does talk about sharing compliance resources in Section 202. It talks about sharing suspicious activity reports within a financial group and the FinCEN exchange with their financial institution counterparts. Do we need to more expressly define that triangle and that sharing that needs to happen between the three and between the machines at the three places for the computer analysis that needs to happen here? It seems to me we might do a better job of explaining the legislative intent of what we want to help them actually comply with law enforcement and FinCEN and the financial institutions. Mr. Shiffman. I think that would strengthen the bill. I think the bill is already pointed in the right direction, but that would strengthen it. Mr. Stivers. And I believe that, too. Thank you. I am going to yield some time to the gentleman from Arkansas, Mr. Hill. Chairman Cleaver. The gentleman is recognized. Mr. Hill. Thank you, Mr. Stivers. And I appreciate you calling this hearing, Mr. Chairman. Just following up on that question, Mr. Shiffman, how do we protect the privacy of Americans in this triangle you described? What is in this bill that thoroughly protects people's Fourth Amendment right to privacy? Mr. Shiffman. I can't speak as an expert on this bill itself. But I think that there are ways in which we can move forward, improve a system, take advantage of the vast resources spent in this AML regime and get better results and protect privacy. And I think we need to do that. I know privacy is addressed in the bill. I am not an expert on what the committee had in mind as they drafted it. But I think we do need to be acutely aware of the tradeoff between law enforcement and privacy, and it is something that we have all been dealing with throughout our careers. Mr. Hill. I yield back. Thank you. Mr. Stivers. I yield back the balance of my time. Chairman Cleaver. Thank you. I would like to ask unanimous consent to allow Mrs. Maloney, who has done enormous amounts of work in this area, to claim 5 minutes for questions. Mrs. Maloney. Thank you so much. Chairman Cleaver. Without objection. Mrs. Maloney. Thank you so much, Mr. Chairman, and Mr. Ranking Member, for holding the hearing. I thank you for allowing me to participate. And I thank all of my colleagues, and I thank all the panelists for your testimony today. This hearing is examining a bill that I have been working on for 10 years, along with my good friend, Peter King, the Corporate Transparency Act, which requires companies to disclose their beneficial owners to law enforcement and financial institutions. The problem that we are trying to solve here is very simple: Criminals and terrorists have always used anonymous shell companies to finance their operations. And because they never have to disclose who actually owns the shell companies, there is no way for law enforcement to figure out who is involved in a transaction conducted by a shell company. Law enforcement tells me that whenever they are following the money in an investigation, they always hit a dead end at an anonymous shell company. They can't figure out who is behind it, so they can't follow the money any further. This is a very serious problem in the City of New York. This challenge was brought to me by law enforcement who are very concerned about, first and foremost, terrorism financing. We are a terrorist target. Since 9/11, numerous other people have tried to strike us. Where did they get the money? Where did it come from? Where did the technology come from? Where did the bomb-making skill come from? All of this information they would like to know. And when they say they hit this LLC, they can't figure out who owns it. You can just ride through my district at night, the East side of Manhattan, and you will pass buildings, complete buildings, where there are no lights on. They are bank accounts. And they simply want to know who owns that bank account, for national security. President Obama was so concerned about this issue that he even formed a task force the last year he was in office with Jim Clapper, head of National Security, and others trying to figure out how to pass this bill that would allow law enforcement to get the tools that they feel they need to protect us. To help address this problem, FinCEN passed a rule in 2016 that requires financial institutions to identify the beneficial owners of the companies that open accounts with them. My bill would take this burden off of financial institutions, and would require companies to disclose their beneficial owners at the time the company is formed. FinCEN would collect this information. And the only people who would have access to it would be law enforcement and financial institutions. And in the case of the financial institutions, the person with the information would have to allow that to be disclosed. I think my bill would help protect our national security, and law enforcement believes the same, and would provide regulatory relief for financial institutions. I want to submit for the record a statement from the Bank Policy Institute on the importance of beneficial ownership legislation, and a letter from 9 different financial services trade groups supporting beneficial ownership legislation, and also statements from law enforcement in support of the bill. Chairman Cleaver. Without objection, it is so ordered. Mrs. Maloney. I want to thank the chairman for yielding to me, and Mr. Lormel, I want to ask you about beneficial ownership. I know you have seen my bill, and I want to thank you for your support for this effort. Now, my colleague, Mr. Hill, has also circulated a bill on beneficial ownership, which I personally think is far, far too weak. Have you seen Mr. Hill's bill? Mr. Lormel? Mr. Lormel. Yes, ma'am. I have. Mrs. Maloney. Do you think Mr. Hill's bill is workable, or do you think Congress would be better off, and the safety of the American people better off passing my Corporate Transparency Act? Mr. Lormel. I think your Act is much more comprehensive. Mr. Hill, I thank you for your effort in this, but I think that--you recommended that the IRS be the collection point, and that is not workable, sir, from my experience. And I think that Mrs. Maloney's bill is much more comprehensive. You also, Mrs. Maloney, you don't have any thresholds. You are asking for all beneficial ownership. I didn't believe that to be the case in the other bill. Mrs. Maloney. Are you concerned that--and I congratulate Mr. Hill's interest and hard-working efforts, but are you concerned that Mr. Hill's bill doesn't even have a provision that would give law enforcement access to the beneficial ownership information? Mr. Lormel. Yes, ma'am. I think that is a serious problem because as a law enforcement-- Chairman Cleaver. Go ahead and finish. Mr. Lormel. Okay. Just to the point about access, as an FBI agent, I wouldn't have access to that information because I would have to have a court order to get IRS information, especially tax information. Mrs. Maloney. You can't collect information if you can't see it, right? Has my time expired? Chairman Cleaver. Yes. Mrs. Maloney. Thank you. Chairman Cleaver. The Chair recognizes the gentleman from the great State of Texas, Mr. Williams. Mr. Williams. Thank you, Mr. Chairman. Thank you all for being here today. And Mr. Lormel, since you have had firsthand experience in the law enforcement perspective, can you walk us through an example where having the beneficial ownership information was crucial for you? Mr. Lormel. Yes, sir. I served 10 years in New York. I was a supervisor in New York. Back in 1983, there was a case that we had with a broker-dealer, and it was an internal embezzlement of about, at that time, $18 million, so you can imagine that $18 million today would be a lot more. The subject who embezzled that money set up, at first, four shell companies, and then he expanded to eight shell companies. And working through those shells to get to--and back then, it was a lot more difficult because we didn't have the internet; we had a paper trail. And so, working through those shell companies was very, very difficult. There were so many impediments to get around them, and to develop the evidence that we needed. It was very challenging, sir. Mr. Williams. Okay. Thank you. Dr. Shiffman, you mentioned in your testimony that technology and machine learning will be the cornerstone of any future BSA/AML regime. FinCEN has an entire technology division within the department. My question to you is, what is the biggest hurdle in getting this technology into use for BSA/AML purposes? Mr. Shiffman. Sir, I think FinCEN has great data, because they have all the data sent to them by the financial institutions, but I am not sure it is the right data, but they have a lot of data. The banks also have a lot of data. I think it is about training tools to identify the right data. As I said in my testimony, at least 95 percent of the suspicious activity reports sent to FinCEN never provide any value, so that is a massive investment on behalf of the banks, and it is a massive amount of data at FinCEN that never provides value. So my concept here is that, let's get the ground truth data, the actual cases of known money laundering, terrorism, drug trafficking, things like that, and train algorithms, both at FinCEN and in the financial institutions, and we will have a much more efficient system. Mr. Williams. Mr. Cohen, I would like to hear what you have to say, if you have anything to add to that answer. Mr. Cohen. Absolutely. I think it is critical for the machinery to work, if I understand it correctly, and I am certainly no expert, but communication and information sharing with the private sector is fundamental. FinCEN as the FIU aggregates all this information, all the SARs that are submitted by financial institutions, and then they can provide critical insight to financial institutions around the country to be able to better identify the type of activity. So I think that FinCEN Exchange programs, like the FinCEN liaison program, the domestic liaison program where you have folks engaging with industry, understanding the threats locally, regionally, that will greatly enhance, in my opinion, financial institutions' ability to detect suspicious activity and make the algorithms and machine learning even more powerful when that information then comes out and is looked at by an analyst. Mr. Williams. In 2016 alone, there were over 900,000 suspicious activity reports filed with FinCEN along with 3\1/2\ million currency transaction reports. With so much information coming in, it seems that bad actors will easily be able to slip through the cracks, since millions of other legitimate transactions are being reported. So my question to you, Mr. Lormel is, I see from your testimony that you are not in favor of raising the thresholds for SAR and CTR. What recommendations do you have, then, in order to make the information within these reports more useful? Mr. Lormel. There are a few things, sir. You have to look at different perspectives. Now, from where I have sat at headquarters, we did data mining, and we did analytics, and I think that is one of the ways forward in terms of using that. But if you go down to the grassroots, to the SAR review team level out in the field, they are going through it by hand. So you have two different perspectives that you are dealing with. But part of the issue, again, comes down to, from where I sit, regulatory expectations versus regulatory requirements and financial institutions kind of getting caught up. If you think about the flow of information from a financial institution to law enforcement, that flow gets impeded by the regulatory requirements to a degree and then the regulatory expectations, so part of the answer also is the feedback. We have to have a better feedback mechanism, like Gary said, from law enforcement, where the banks understand it, and they get those scenarios. I think with the bill that you guys have introduced, you are setting the stage for that with 314. Mr. Williams. Thank you for your testimony. I yield back. Chairman Cleaver. Thank you. The Chair now recognizes the gentleman from Colorado, Mr. Perlmutter. Mr. Perlmutter. Thank you, Mr. Chairman, and gentlemen, thank you for your testimony. I want to focus, first, on sort of the technology piece of this thing. We have two detectives, one in financial and the Treasury, and one police detective and sort of two technologists who want to provide--help them have the best information they can have. So Mr. Sharma, you said something, and that I was kind of scratching my head. You said that growing regulation IT costs and compliance has led to financial exclusion. Am I quoting that right? What did you mean? I didn't know what you meant. Mr. Sharma. Right. Thank you for your question. What we have seen, especially with global financial institutions, certainly western financial institutions, and the U.S. in particular, is that the combination of growing financial sector requirements, vis-a-vis AML compliance, and the ongoing fines that have increased over time, many of which are fully warranted for negligence or willful blindness, et cetera. Many institutions start looking at particular types of transactions, particular types of entities and constituents as just high perceived compliance risk. An example would be global remittance flows. And if I as a bank am spending an increased amount of time, energy, manhours, and money on understanding money services businesses Fintech companies and other non-bank FI activity that are sending money to the tune of hundreds of billions over the course of a year, but that is costing my business a lot from a compliance perspective, many institutions have just said I am not going to do business at all. Mr. Perlmutter. And so, quickly, how would you remedy that? And I have some questions for Mr. Shiffman. Mr. Sharma. This is where I think technology plays a vital role both in terms of the use of applied and advanced analytics like AI and machine learning. Distributed ledger technologies that can bring real-time transaction tracking and client monitoring while preserving the essential personal identifying information in the back end offer great promise to do these things in an environment that has been a very high traditionally man-hour-centric environment or process. So these two technologies have tremendous promise to drive inclusion and keep folks in the system, while, at the same time, following the anti-money laundering, know-your-customer, customer due diligence, monitoring and transaction tracking that are essential to the compliance tool kit. Mr. Perlmutter. All right. Thank you. And so Mr. Shiffman and Mr. Hill brought up the fact that we want to have as much information, make it as effective as possible for our law enforcement, but we are all subjected to the Constitution and our rights to privacy and things like that. So the three of us--Mr. Gonzalez, Ms. Wexton, and I--are all on the Science Committee, and you talked about Hal from ``2001, A Space Odyssey.'' I talked about Skynet from ``The Terminator.'' Why did you bring up Hal? What is it that you are worried about with artificial intelligence in this arena? Mr. Shiffman. If you recall, Hal wouldn't let Dave back into the spacecraft. Mr. Perlmutter. Right. I know. I mean, in ``The Terminator,'' Skynet became aware. Mr. Shiffman. Right. Absolutely. Mr. Perlmutter. And singularity is when the computers become aware. I am not trying to minimize it. Mr. Shiffman. Right. Mr. Perlmutter. I think the concern is that--I am over on the fiction section, not the non-fiction section. The concern, though, is coming back to the Constitution, coming back to the right of privacy, you said we need to focus on three core things: information sharing; avoiding opaque solutions; and keeping humans in the loop. Can you expand on that a little bit? Mr. Shiffman. Sure. Machines are literal. They will do what they are taught, and they don't know right from wrong. They don't have judgment. So you could intentionally, or inadvertently, program a machine that does the wrong thing, and that is why we always need to have, in my opinion, a human in the loop. Humans do know right from wrong. Machines don't. Machines do what we tell them to do. That is why I want to live in a world--my point is we are not going to stop machine learning, artificial intelligence. It is here. It is here to stay. It is pervading every aspect of our life. Therefore, it will make it into AML, so let's deal with it, and let's keep in mind that we want humans in the loop so that way, we can address things like financial inclusion and things like privacy. And if we don't think a lot about that now, we are going to be in trouble later. Mr. Perlmutter. Okay. Thank you, Mr. Chairman, and it was fun talking about that. I yield back. Chairman Cleaver. You and Dr. Shiffman need to go into the corner. The Chair now recognizes the gentleman from Arkansas, Mr. Hill. Mr. Hill. Thank you, Mr. Cleaver. I appreciate that. I appreciate Mrs. Maloney's long years of work on the Corporate Transparency Act and her various iterations of it over the past couple of Congresses. And, of course, all of us support the adequate disclosure that we need for law enforcement to do their job. That is really not in question here. And since the know-your-customer rules were promulgated as a part of Gramm- Leach-Bliley, banks have been collecting this information and had obviously a responsibility for 40 years to follow suspicious activity reports. Mr. Lormel, I was reading your testimony. On page 7 of your testimony, you say your long-time preference is that the States collect this information, and you said they resist doing that. Are you aware of Congress having hearings on the States collecting this information? Mr. Lormel. Yes, sir. Back in 2012, I was actually invited to the annual conference of the National Association of Secretaries of State (NASS) where we discussed this issue, and I-- Mr. Hill. They resisted, of course, and, you know, that is their prerogative. Mr. Lormel. Yes. Mr. Hill. We have 50 States. We have a Federal Government, federalism, and we incorporate entities at the State level. Hasn't this been a problem for years? As an FBI agent, you would say that your biggest concern are all the Californians who claim they are Nevadans, right, for tax evasion purposes. Isn't that a big problem in this country, tax evasion, using the laws of Nevada if you are either a California or an Alaska trust? Mr. Lormel. Yes, sir. Mr. Hill. So we have this challenge with the States, but if we had a set of best standards and beneficial ownership requirements that the States could collect, and should collect in your view, I think, based on reading your testimony, you would support the States doing a better job of being transparent, then, wouldn't you? Mr. Lormel. In most circumstances, I probably would. Mr. Hill. Yes. That is the way I took your testimony, so thank you for that. I think we all agree that it would be great if there was consistent information collected by the States in a machine-readable format. We don't have it. I will argue that that has never really been requested by the Federal Government on behalf of national security for tax evasion purposes, not that I can read in the record. So I will leave it at that for the moment. I know Secretary Mnuchin prefers that. I know the members of this committee prefer if the States would do that. One of the issues, though, you also bring up in your testimony, on page 8, you raise serious concerns about FinCEN's capacity to collect and disseminate beneficial ownership information. Is that in your testimony? Mr. Lormel. Yes, it is. Mr. Hill. Yes. So that is why I focused on this issue of perhaps the normal tax collection process. Like we have changed Schedule B on the Form 1065 many times to collect additional information about foreign bank accounts and foreign activity that we change, that collect beneficial ownership in the same place where we collect all the ownership information of a pass- through entity in the case of an LLC or a partnership and then on the C corp forms or S corp forms for a corporation, and we change the question there. We had that material. In contrary to the testimony you all exchanged in your colloquy, it would be shared with FinCEN from the IRS, so that is the way my bill reads. And I think that is where most small businesses do this kind of work. Instead of having another form with another criminal penalty, Heritage estimates there could be a million unintended felons under the draft bill that we are considering because of the way it is written. I don't know if I agree with that. It could be an exaggeration. But the point is, we are asking charities, every business entity in America, to file directly with FinCEN beneficial ownership information, and yet, we collect all the ownership information, the contact information, the foreign bank account information, everything as a normal part of the income tax preparation. Isn't that right? Mr. Lormel. To a degree, yes, but I don't know that we collect all of the beneficial ownership information. Mr. Hill. We don't do it now. We collect the ownership information undeniably unless you want to be penalty of an IRS--commit IRS fraud. I don't think most people want to do that. Mr. Lormel. No. No, not at all, but the other issue you have, Congressman, is the fact that I would need a court order as an FBI agent or another law enforcement officer. Mr. Hill. So are you suggesting if we use Mrs. Maloney's FinCEN form, you won't have a court order? You can just go look at it? Is that what you are suggesting? Mr. Lormel. Yes. Mr. Hill. You think that protects people's privacy, or should they have a reasonable reason supported by law enforcement to go look at people's information? Mr. Lormel. I think that is very reasonable. Mr. Hill. So if in my paper records--I will yield back. Thank you, Mr. Chairman. Chairman Cleaver. Thank you. The Chair now recognizes the gentlelady from Virginia, Ms. Wexton, for 5 minutes. Ms. Wexton. Mr. Chairman, I have no questions for these witnesses. Chairman Cleaver. The Chair now recognizes the gentleman from Ohio, Mr. Gonzalez, for 5 minutes. Mr. Gonzalez. Thank you, Mr. Chairman. Thank you, everybody, for being here, and for your testimonies today. When I think of the challenge before us, I think of my home State, and I think of Fentanyl. I think of Fentanyl coming from China, going into Mexico, or going through our mail and coming into my community. In Ohio, over the past few years we have lost, in each individual year, more people due to the opioid crisis than we lost in the entirety of the Vietnam War. More people in a year than the entirety of the Vietnam War. It has absolutely devastated my community, and so I thank you all for the work. I thank this whole committee for the work and the commitment to stopping money laundering, and making sure that we take care of the people of Ohio. When I think of machine learning, and Dr. Shiffman, you will correct me if I am incorrect, I think you need good data, and you need it at scale, right? You need a lot of good data, essentially, and the more good data you have, the quicker your machines will be able to train themselves and be able to spot nefarious actors. In your testimony, you talked about 2 million suspicious activity reports, but less than 5 percent provide value. Mr. Cohen, if I could quickly, does that sound accurate? That is a bold claim. I have not heard that before, but is most of the data just not useful? Mr. Cohen. Again, I can't speak to the numbers. I do know that the data is tremendously useful to law enforcement agencies and our international partners. Again, if you are talking about percentages, I don't know those numbers. Mr. Gonzalez. Okay. Dr. Shiffman, can you talk about that a little bit? How are you kind of making that claim? Mr. Shiffman. Sir, there is a footnote in my testimony for that claim, and it is the clearinghouse article called, ``By the Numbers on AML.'' Mr. Gonzalez. Okay. Thank you. My next question, then, would be, again, to Dr. Shiffman. So it sounds like we have a bad data problem, essentially, among others, but what data do we need that we are not collecting, or how can we improve the SAR process generally? Mr. Shiffman. Sir, thank you for the question. The idea here is that in the world we live in today, where we are talking about this new generation of technology, we have to get data and algorithm into the same place at the same time. So how do we do that? We can compel banks to send data in to FinCEN, and that is what they do. But we don't do a good job of letting the banks know this data was good, this data wasn't, because if we did that, then they could refine their algorithms and send better high quality data more efficiently, right. So it is just a matter of thinking about data and algorithm in the same place at the same time to do the training, because your understanding of machine learning is exactly right. It is about having good data and quantities of it. Mr. Gonzalez. Okay. And then quickly, Mr. Lormel, I talked about the Fentanyl crisis in Ohio. Could you describe, sort of, how that works from a shell corporation standpoint, and how they bury, essentially, what they are doing inside of these shell corporations? Mr. Lormel. You could liken that with the Fentanyl to any number of crime problems, but using your example there, if I have an operation, and I have people out there pushing Fentanyl for me, at some point, that money needs to get into the system. And so, one of the ways I am going to get that into the system is through shell companies, and the more opaque I can make that, and the more layers I can put in there, the more I am going to be able to comfortably move my money through and start to legitimize it again. You raise, you move, you store, you spend. And the more that you store and you move, the more opaque it gets. And that is exactly what I would be doing if I was involved in one of those operations. Mr. Gonzalez. Thank you. And with that, I will yield back the balance of my time. Thank you. Chairman Cleaver. The gentleman yields back. The Chair now recognizes the gentleman from Massachusetts, Mr. Lynch. Mr. Lynch. Thank you very much, Mr. Chairman, and Ranking Member Stivers. And thank you to the witnesses. We really appreciate it. I am familiar with all of your work. Thank you so much. Mr. Lormel, I did not realize you had been doing this for 46 years. You must have been violating the child labor laws when you started out. Just like me. You can take the Fifth on that. So I have been on this committee a while, and for a while, I was the chairman of the Task Force on Terrorist Financing before they made it a subcommittee. We are involved in Kabul Bank. We had a situation with the ATMs in Gaza that were operated by Arab Bank. Nigeria. We had a terrible diversion of natural resources. In all those jurisdictions, we had very weak rule of law. And so, one of the ways that we were able to get at that was that FinCEN--thank you, Mr. Cohen--was able to work with people on the ground in those countries that actually provided firsthand information, so we were able to get at this. So that is what led to the kleptocracy bill, because in many of these countries, especially developing countries, because of the lack of rule of law, and the lack of a strong independent judiciary, it is the only way we can get at this stuff, and FinCEN has been doing a lot of this stuff already. They just haven't been formalized, but that is what I hope to do in my bill. I am just wondering, Mr. Lormel, if there is--let me shift. Mr. Sharma, you are dealing with a new area, and I am aware of your work with CGS before on doing a lot of this work. Mr. French Hill and myself have been asked to head up this Fintech task force now. We just started it. Ms. Waters created it. What are the dangers? What are the new and different dangers that we see moving from this sort of brick-and-mortar system to online banking, and the digital dimension of this? Are there new and different things that we need to upgrade our regulatory framework to address that type of threat? I know you have been doing a lot of that work, and also, you have been doing great work on underbanked areas and things like that, but just the technology change. How would we best respond to that threat? Mr. Sharma. A couple of things. I really appreciate the question. So in my opening statement, I talked about a couple of trends that I think that we need to layer in as we look at oversight. One is that increased financial remediation is happening outside the banking network. Mr. Lynch. Yes. It is shadow banking, you mean. Mr. Sharma. Shadow banking. I often tongue-in-cheek ask the regulators, when was the last time you visited Walmart? When was the last time you visited Target? When was the last time you visited Amazon? These are banks. At the end of the day, these are institutions that have certainly a nationwide, if not a global network and engage in credit, lending, stores of value, et cetera. And so now you add that to the growing and emerging non-bank and Fintech space, and there is just increased financial intermediation there. And so from a regulatory perspective, we need to start looking in areas outside of what has been traditional covered institutions. The second is in the context of how some of these new technologies, in particular for the advanced analytics side and in distributed ledger actually provide tremendous opportunity to the unbanked, and some of these are macro challenges that we treat as compliance challenges. Mr. Lynch. Let me ask you to pause there, because we have had some major hacks of our blockchain technologies, Bitcoin in particular. Mr. Sharma. Yes. Mr. Lynch. With Mount Gox and some others, $350 million went in one whack, so have we--and those were fairly recent. I think the last one was in 2014. But have we got to a point where we trust the system? And believe me, I know, in theory, that blockchain will work, and it is probably our best hope, but are we there yet to a point where we can actually, as a Congress, sort of endorse this going forward without having some level of fear for the risk that it creates? Mr. Sharma. I believe blockchain and some of these technologies aren't panaceas. They aren't going to be the be- all-end-all. We do need to understand the difference between the applications of these technologies in the areas that are hackable or corruptible, as we have seen in the Mount Gox and other crypto areas. The underlying technology of distributed ledger does hold promise insofar as the encryption, distribution, and immutability of that ledger. It is harnessing that technology in the context of AML/CFT for transaction tracking and the protection of the underlying information, whether it is your personal data or otherwise. Mr. Lynch. Data, yes. Mr. Sharma. And that is the key. Mr. Lynch. Yes. Mr. Sharma. And so, no, I would not be here saying you must endorse a particular technology as the be-all-end-all but this is where the coordination and technology and innovation centers with regulators can look at both the application tested both in beta and in live-market situations of that technology to address both the inclusion elements and AML/CFT in tandem. Mr. Lynch. Thank you. Mr. Chairman, I yield back. Thank you for your indulgence. Chairman Cleaver. Thank you. The Chair now recognizes the gentleman from Virginia, Mr. Riggleman. Mr. Riggleman. Thank you, Mr. Chairman, and thank you very much to the witnesses. I want to thank my esteemed and venerable colleagues for asking most of the questions I was going to ask. First of all, thank you. Second, I want to say--I want to go a little bit geeky here. My background is a little bit different, I think, and so I want to tell you guys what I have done before I ask some of these questions, because I looked at your resumes. I looked at your bios, and I am very impressed, and probably, it is going to be all of you trying to ask some of this. But for about 26 years, I have been in counterterrorism. For the past 15 years, I have been involved in trying to build data ecosystems to automatically predict what would happen in the command and control networks, right, and you guys know that is a complete infrastructure from fiber to cyber. So listening to this, I don't think this data problem is unique based on what I have gone through, and I want to let you guys know I have broken a lot of capabilities for machine learning and AI in my life. I have completely broken them, and it might have been operator error, but not most of the time. I want to ask Mr. Lormel something. First of all, thank you for your service for 46 years. I very much appreciate that, and I want to ask you: When you are looking at SARs and CTRs for your teams, are you noticing any attributes? Are you noticing any consistencies in the data that allows you to hone in on something rather than another based on the manual templates that you have built and trying to see what SARs or CTRs are effective? Mr. Lormel. Thank you, sir. Yes. Again, if you are looking at SARs from where I sat at a program level, I am looking at it differently, so I am using the data mining capabilities. And so it is easier for us, then, to sort and we are looking at certain things. At the street level, it is going to come down to what we are looking at in those specific locations, which agencies are involved, what violations do we work because that is going to help inform where I am going to look for--what I am going to look for in SARs. So you have the SAR review team. You have an IRS agent. You have an FBI agent. They are going to look at the same SAR. They may see it differently. Mr. Riggleman. I put in a couple bills, 1038 and 1039, to be a little bit more clear on the requirements from the Department of the Treasury and what you guys are looking for, and I am wondering, this is for Dr. Shiffman and Mr. Sharma, and I think, Mr. Lormel, I am going to assume something, that some of your teams are very good at SARs and CTRs and tracking down people. When you look at requirements, and Dr. Shiffman and Mr. Sharma, you are going to smile at this question. If you are going to build an ML template, a machine learning template, we could use Mr. Lormel and his teams to start that ML template to look at what SARs and CTRs are actually effective in going after these certain individuals. Anytime we are parsing data, it is the ``gazintas'' and the ``gazoutas,'' right? So when you are looking at the ``gazintas'' and the ``gazoutas,'' that is my operational term for data. When you are looking at that data, and we use Mr. Lormel's template, is it possible that we could actually build within the bill, or whatever bill that we pass, the ability to be more specific on requirements based on the templates that are built, could you, Mr. Sharma and Dr. Shiffman, look at the specific SARs and CTRs, based on machine learning, where we could be more specific on what is to be reported, so it is not everybody in the world trying to report these specific items? And either one of you can start. Mr. Shiffman. Absolutely, you can do that, sir. You don't want to preclude the ability for the machine to tell you things that the human couldn't identify on their own. The machine can look at a million attributes where a human can't. So you want to be open to that, but absolutely that is where you start. Mr. Sharma. And I would just add where it is the big data, a lot of the data and the associated algorithm to learn, and this is where a human judgment, both on the input and the output side, is critically important. You don't want the machine to just simply reinforce underlying biases in the data, and you don't want it to provide ``garbage out'' simply because it would be fully learned, because that is effectively what data you gave. This is where the 46-year esteemed career of Dennis Lormel plays a huge part in informing machine learning. And then secondly, technologies like distributed ledger can, in fact, allow for permissioned access across a number of different data stores that, by mandate, have to be protected. Mr. Riggleman. I would say that I don't think we should take a human out of the loop in any of these processes. I think that is what we are going to, right, Mr. Sharma? No human out of the loop. But I think my biggest fear--I have owned multiple companies. I have filled out multiple forms, whether they are OOIs, TTB types of information, all the background check you have to do. I had to do Federal acquisition requirements. I have had a lot of fun in my life, trying to go with regulation. But when I look at what Mr. Hill is talking about, and we are looking at bills across the committee, I think the Treasury is more specific in those requirements, based on maybe machine learning that you guys could do for us. Maybe we can dig down and actually build out of those 1065s, OOIs, background checks that we have and use data parsing to get the information that we have from the templates that are built by Mr. Lormel's team and then actually transition those to machine learning or AI or algorithms that can dictate what we want for requirements, rather than just going wholesale, sort of, beneficial ownership like cataclysmic idea of data. Mr. Shiffman. Just to build on that, I think you are right, and one of the points that I would emphasize from my testimony is this idea of priorities. What you are talking about is establishing the priorities, and that is going to make the system much, much better. We don't really do a good job of that today. Mr. Riggleman. Thank you, gentlemen. I am very impressed by you all. Thank you. Chairman Cleaver. Thank you. The Chair now recognizes the gentleman from Illinois, Mr. Garcia. Mr. Garcia. Thank you, Mr. Chairman, and I too want to thank all the witnesses who have provided such valuable testimony here in our endeavor to make an impact on this great challenge that we face. I would like to ask Mr. Lormel a question. While there are many factors that contributed to the opioid epidemic, a 2016 report from the organization Fair Share explains that a key facilitator of opioid trafficking is the ease with which drug cartels can open anonymous shell companies to launder their illicit gains, and mask their identifies from law enforcement. Has it been your experience that drug cartels hide behind anonymous shell companies to impede law enforcement investigators? Mr. Lormel. Yes, sir. Again, you can use a lot of examples, but yes, I mostly worked financial crimes in my career, but where I did assist with drug investigations, that was always a challenge that the people who are responsible for laundering the money, the people involved on the facilitation side like that, that is their job description is to go out and hide that money. They want to disguise it. They want to make sure that it avoids detection. Mr. Garcia. Thank you. And do you believe that collecting beneficial ownership information of those companies formed in the U.S. as the draft Corporate Transparency Act proposes to do would help law enforcement pursue criminal traffickers of heroin, Fentanyl, and other illicit opioids? Mr. Lormel. The simple answer is yes. I think that is very much so, but I also believe that the bad guys are going to be out there looking to see how they can exploit other avenues, because they are going to look for other vulnerabilities. But to the direct question, yes. It would be very helpful. Mr. Garcia. Okay. Thank you. Mr. Chairman, I would like to enter the Fair Share report into the record, if it is possible. Chairman Cleaver. Without objection, it is so ordered. Mr. Garcia. And then one final question. Again, Mr. Lormel, can you give us some examples of bad actors using anonymous shell companies in the U.S. from your experience in law enforcement? Mr. Lormel. I will use a kleptocrat. Vladimir Montesinos was the head of internal security in Peru. Montesinos, at one point, set up shell companies to launder $400 million around the world. I was running the financial crimes program in the FBI when we tried to help Peru render him back to the United States first. He had over $40 million through shell companies in the United States. Mr. Garcia. Any others that you would like--that you can share at this juncture? Mr. Lormel. There are just--there are so many. If you look at right now the ongoing 1MDB case, you can see a lot of use of shell companies there. There is just--I am sorry, sir. There are just so many cases you can go through. Mr. Garcia. I see some heads nodding, so it must be a known fact. Thank you very much. I yield back, Mr. Chairman. Chairman Cleaver. The gentleman from Tennessee, Mr. Rose, is recognized for 5 minutes. Mr. Rose. Thank you, Mr. Chairman. I yield my time to Mr. Hill. Chairman Cleaver. The gentleman is recognized. Mr. Hill. I thank the chairman. And I thank Mr. Rose. I appreciate his time and willingness to do that. Mr. Cohen, I was interested in this issue of balance. We were talking about the most important things, data from CTRs and SARs and beneficial ownership. All of these things are clues to put the puzzle together to catch bad actors, domestic, and to my point, and international. What do you think the most fundamental is from your time at FinCEN? Is it the SAR, the suspicious activity report? Is it the best clue among that group of many things, you think? Mr. Cohen. I can't single out a single report that is most effective. I think it just depends on the nature, and I think Dennis will speak better to that. I think every law enforcement agency, every single piece of the puzzle provided by that particular report could sort of break a case. So I certainly don't want to say what report is best or not. Certainly, the suspicious activity report is very important when you talk about the threats to the U.S. financial system, because a lot of that obviously comes through our financial institutions. Mr. Hill. Yes. I have done it for 35 years in both the brokerage business and the banking business. The nice thing about it from a law enforcement point of view is it isn't quantitative, it is qualitative. There are some rules around it, and there are categories in which you report. But if it is a suspicious activity, you have a duty to report which is an ideal source of clues. Mr. Cohen. Yes. Absolutely. I would add the sophistication of financial institutions varies around the country and around the world. The resources you have to devote to having--some banks have a dedicated financial intelligence unit internally, but others maybe have a few people. And so, I think working closely with the private sector, with financial institutions, law enforcement, we share a lot of information with them. Having FinCEN as the aggregator, right, because FinCEN has a big picture of all the SARs. They are the ones that collect all the SARs. Mr. Hill. Right. I appreciate that response. Mr. Lormel, on the issue of structuring, the big issue, no matter--we had a CDD rule put in place at Treasury last May, and, of course, it arbitrarily took 25 percent of the company you are supposed to report the beneficial owners. And yet, when we look at IRS data, it can be zero, or it can be 100 percent ownership of a company, a shell company, in your example. When we pick a number like 25 percent, like Treasury did in the CDD rule, isn't easily structured around? I know there is no right answer there, but what is your perspective on--and I would say most law enforcement people. You can't give them enough information, and you can't give it to them fast enough, and you can't give it to them better without a warrant. But with that caveat, how do you feel about that 25 percent, and having done it for 4 decades? What is your view of that? Mr. Lormel. There is always going to be wiggle room, so you have that 25 percent, I always make the misstatement if it is a ``good bad guy.'' a proficient bad guy who really understands how to move money is certainly going to be able to circumvent that. Mr. Hill. Yes. And that is an area where if you had aggregated information that you blended with SAR data in a legal way, you have a much better shot at moving that success ratio up. Mr. Cohen, in your experience at FinCEN, does FinCEN aggregate open source data with that SAR trail as you are building a case, and to kind of respond to Dr. Shiffman and Mr. Sharma's analysis? Mr. Cohen. I will caveat that by saying it's not analysis at FinCEN they do from my understanding in working closely with them. Yes, they do aggregate open source information with the BSA reporting that we receive, yes. Mr. Hill. Right. So there are many good things, Mr. Cleaver, in this bill that are really improvements over the work, and I thank Mr. Perlmutter and Mr. Lynch, and Mr. Pearce in the last Congress. We have listened to a lot of this. A lot of what we have heard is captured here like trade-based money laundering, and expanding the target on real estate, something of concern to the Chair and to Mrs. Maloney. So there are many improvements here, but I think we really tried to find some bipartisan consensus on this definition on beneficial ownership. I thank Mr. Rose. I yield the time back to Mr. Rose. Chairman Cleaver. The Chair now recognizes Mr. Sherman from California for 5 minutes. Mr. Sherman. I want to focus a little bit on cryptocurrencies. I think, ultimately, they will be swept into the dustbin of history, but for purposes of these questions, let's assume that they will continue to be around for a while. They undercut the power of the United States Government. First, the U.S. Government makes a lot of profit off of seigniorage, and I may be mispronouncing that term, the profit we make by minting money. We get to spend it first. Our banking sanctions have been incredibly effective, in large part because of the importance of the U.S. dollar, and cryptocurrencies seek to deprive the United States of this money and this power. Now, among those rejoicing in the hope that cryptocurrencies will be successful are our foreign enemies, and also a strange group of people who view themselves as patriotic Americans. They just want to disempower the U.S. Federal Government, a certain Libertarian stream that wants us to stop terrorism so long as there is no power in the U.S. Government. We want a currency to be a medium of exchange and a store of value. The U.S. dollar is clearly superior to any cryptocurrency in those two things. So it appears as if from the user's standpoint, the advantage of cryptocurrency is that it is a system for design and transmission designed to evade the U.S. Government. That is not only useful for terrorists, it is useful to ordinary criminals, and it is useful to people who view themselves as law-abiding Americans. They just want to cheat on their taxes. Does cryptocurrency offer the user an advantage over U.S. currency or other euros or whatever, if they are not intent on evading Federal law? Mr. Sharma? Mr. Sharma. Sir, thank you for the question. I think that the first thing that we need to be taking great care of is that not all cryptocurrencies are the same. Not all cryptocurrencies are treated equal. Not all cryptocurrencies are created for purposes of full evasion or anonymity. In fact, there are tremendous benefits with respect to digital assets. Mr. Sherman. The dollar can be a digital asset, too. Mr. Sharma. Correct. Exactly. Mr. Sherman. I am saying cryptocurrency as compared to a dollar. Obviously, you wire money. You have been doing that for 100 years. Mr. Sharma. Correct. Mr. Sherman. And you can say cryptocurrency is better because you can wire it. I do want to move on to another question. Mr. Cohen, since 2016, FinCEN has had in place a continuous series of 6-month geographic targeting orders or GTOs. Do these GTOs, title insurance companies and a number of areas around the country have worked with FinCEN to collect and report beneficial ownership information of LLCs and other legal entities in certain all-cash real estate purchase transactions? It is my understanding that currently title companies are the only segment of the real estate industry taking part in Federal law enforcement programs to prevent money laundering. How did FinCEN come up with the decision to rely primarily on title companies for the collection of beneficial ownership information to combat money laundering in real estate? And to your knowledge, has beneficial ownership information collected and reported to FinCEN by title companies benefited law enforcement efforts? Mr. Cohen. I have a quick reply to that because while I am aware of the issue, I was not involved in the specifics of the matter, but I do know that FinCEN worked very closely with law enforcement agencies in industry in order to develop the GTO in question. And I do know that information that has been provided must be--I think it has been reported publicly and has been useful to FinCEN. Mr. Sherman. And have the title companies paid for their efforts in this area? Mr. Cohen. I am not sure. I am sorry about that. Mr. Sherman. Does any other witness have a response to that question about title insurance and GTOs? Hearing no answer on that, I can go back and ask for another witness to identify some advantage that cryptocurrencies have for the law abiding user over the U.S. dollar. Dr. Shiffman? Mr. Shiffman. As you said, sir, cryptocurrencies have gained appeal in kind of the Libertarian sort of movements. The advantage to criminals is that it has anonymity or actually pseudonymity, and so therefore, it is like cash, but it is much easier to move around than cash. Mr. Sherman. It is the only currency designed chiefly for law evaders. I yield back. Chairman Cleaver. The Chair now recognizes the gentleman from Missouri, Mr. Luetkemeyer. Mr. Luetkemeyer. Thank you, Mr. Chairman, and I thank all of the witnesses for being here today. Mr. Lormel, I just want to first thank you for your service, and then I would like to ask you about--you talked a little bit today about the levels on SARs and CTRs, and I have a concern about that from the standpoint of it hasn't been raised since it was instituted 30, 40 years ago. I think Dr. Shiffman made a comment that most of it was wasted. Can you give me a justification for not raising the SARs and CTRs whenever you have thousands and thousands and thousands of these things, millions of them, quite frankly, and it takes hundreds of thousands of people? How many people at FinCEN does it take to overlook these things when it takes hundreds of thousands of people to put them together? Mr. Lormel. You certainly bring up a good point, but in today's environment in particular, I think one of the biggest problems that we are looking at now is micro structuring in smaller amounts. The biggest threat we have is the homegrown violent extremist. I can't give you accurate statistics, because I am not in the FBI right now, but I believe that the FBI has some statistics that they used last year in 2018 that talked about the percentage of cases that CTRs, in particular, were used in, and it was a pretty high level. Mr. Luetkemeyer. I would love to have that information. If you can get ahold of it for me, that would be great. My concern is that we are weaponizing the banks. We are making law enforcement officers out of them. I understand your position. The more information you have, the better chance you have to catch somebody, but let me ask you this question: Would you support putting a policeman on every single corner to prevent crime? Mr. Lormel. I'm sorry? Mr. Luetkemeyer. Would you like to see a policeman on every single corner to prevent crime? Mr. Lormel. In a perfect world, yes. Mr. Luetkemeyer. Okay. That is my point. In a perfect world, we had a single SAR for every single transaction, so where do you draw the line? Do you draw the line on having an office to put patrolmen every so many blocks, every so many miles? It is just like the SARs and CTRs. There is a cost benefit here. At some point--right now you have deputized the banks to be law enforcement officers. Mr. Lormel. On that point, that is dangerous in the sense that I would never call the bankers, and want to deputize or give them any-- Mr. Luetkemeyer. They are not enforcing law, but they are gathering data for you, just like a detective would. Mr. Lormel. Right. Mr. Luetkemeyer. They are gathering data to help you make a case. Mr. Lormel. Their responsibility is to identify suspicious activity and report it, and that is really important. Mr. Luetkemeyer. I am not trying to say that this shouldn't be done, but I am trying to say, look, we have to find a cost benefit spot, or sweet spot, and I would like to work with you to find a sweet spot where we can raise the threshold to allow the hundreds or thousands or millions--some of these banks are paying millions of dollars to do these SARs, and according to Dr. Shiffman, most of it is wasted. So Dr. Shiffman, I want to ask you to go back over your numbers for me. Can you give me those numbers again? I think I saw that 5 percent of SARs and CTRs actually provide value. Is that what you said? Mr. Shiffman. Yes, sir. Nobody knows for certain, but the estimates based upon polling done of the banks and others in the clearinghouse report, it is 5 percent at most. Mr. Luetkemeyer. It looks to me like most of the money laundering in today's world, isn't that being done with cryptocurrencies anyway? Mr. Shiffman. I don't know whether that is true. Mr. Luetkemeyer. If you look at the size, the amounts. Mr. Sharma. I think what you would find, sir, is that most of the money laundered in the world is in cash, and we are not going to outlaw cash. Mr. Luetkemeyer. It is laundered through cryptocurrencies, right? Mr. Sharma. In some instances, but no, I would not argue, nor have I seen any data to support that the most laundered instrument in the world is crypto. I don't believe that is true. Mr. Luetkemeyer. Really. That is information I have been given by multiple people, so that is interesting. Okay. Dr. Shiffman, continue. Mr. Shiffman. I would say just to bring the law enforcement and Mr. Lormel's perspectives and mine together; law enforcement loves the FinCEN database right now, because it is massive, and 5 percent of a lot of data is a lot of data, right? So they have a lot of data that they like, and I wouldn't want to take that away. As Mr. Hill was saying, I don't want to take data away from them. Mr. Luetkemeyer. I am not advocating to take it away. I am trying to find a way for everybody to live here-- Mr. Shiffman. Right. Mr. Luetkemeyer. --to be able to do your job to find the bad guys, but yet, don't push the cost on the financial institutions and say, if you don't do this, then you are part of the problem. Mr. Shiffman. Right. I think we love the current system because it is the system we have, but I think across law enforcement, there is this understanding-- Mr. Luetkemeyer. Part of the bill, the BSA bill we put together last year, Congressman Pearce and I had in there a pilot program that had, I think, using some of your technology, Dr. Shiffman, to have an algorithm sit there and figure out by the transactions that go through a bank in a day's time, you can figure out when you come in the next morning, there will be a program, or a printout sitting there saying, we have three people you need to take a look at for the transactions for the day versus SARs and CTRs. That may be an indication, but there are a whole lot of other transactions, I think, if you use the right algorithm, it can actually do a better job. So that is my point. There is a better way to do this than SARs and CTRs. Thank you very much for your testimony. Chairman Cleaver. Thank you, Mr. Luetkemeyer. I would like to thank all of the witnesses for your testimony today. You have been very helpful to us as we have dealt with an issue, and one of the beauties about this particular hearing is that there is no partisan component to it. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. [Whereupon, at 3:53 p.m., the hearing was adjourned.] A P P E N D I X March 13, 2019 [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]