six-year struggle to uncover Osama bin Laden's financial
network failed because American officials did not skillfully use the
legal tools they had, did not realize they needed stronger weapons,
and faced resistance at home and abroad, officials involved in the
effort say.
Federal officials say they have not persuaded foreign banks to
open their books to investigators and that in this country, a law
that would have allowed the United States to penalize foreign banks
that did not cooperate was blocked last year by a single United
States senator.
Current laws and regulations give the government less authority
to seize the assets of terrorists than of drug cartels, one federal
investigator said; it may seize only assets that are the direct
proceeds of terrorist violence. For drug cartels or organized crime
gangs, it can seize any assets used to support their activities.
Investigators also attribute their inability to pierce Mr. bin
Laden's financial network to an ancient system of cash transfers
based on trust, not detailed records, that they say has spread from
countries like Pakistan into the United States.
Since last week's attacks, proposals to curb money laundering by
terrorists have suddenly gained support among old opponents —
including the Bush administration — after languishing for two years.
The White House says it now wants an aggressive attack on money
laundering, including stepped-up seizure of assets.
The bin Laden organization operates in 35 countries and needs to
move money to its members, American intelligence officials say.
Tracing the money could reveal not only terrorists' sources of
support, but their intentions.
But present and former government officials say that since the
mid- 1990's, they did not fully use the legal tools they had to wage
this difficult fight. "We could have starved the organization if we
put our minds to it," said Richard Palmer, who gained experience in
money laundering as the Central Intelligence Agency's station chief
in Moscow during the 1990's. "The government has had the ability to
track these accounts for some time."
Congress is now reviving a proposal killed last year by Senator
Phil Gramm, the Texas Republican who was then chairman of the Senate
Banking Committee. The bill, introduced by the Clinton
administration, would give the Treasury secretary broad power to bar
foreign countries and banks from access to the American financial
market unless they cooperated with money-laundering investigations.
It was strongly opposed by the banking industry and Mr. Gramm.
"I was right then and I am right now" in opposing the bill, Mr.
Gramm said yesterday. He called the bill "totalitarian" and added,
"The way to deal with terrorists is to hunt them down and kill
them."
But the bill is gathering support from both parties. "I would be
amazed if there is not a sea change," said Senator John Kerry, the
Massachusetts Democrat, who is sponsoring the bill with Senator
Charles E. Grassley, Republican of Iowa. He said the opposition was
based on "ridiculously phony" arguments.
Even after the attacks last week, the banking industry continues
to doubt the need for new rules to combat money laundering, a
lobbyist said.
Most experts say the funds used to finance the attacks here
probably came into this country in small amounts either through wire
transfers or through the use of brokers that belong to a paperless
underground banking system.
That system of brokers is often referred to by its Hindi name,
"hawala," meaning "in trust." It enables individuals to transfer
sizable sums of cash from their country to recipients in another
country without the funds ever crossing borders. The system, which
has spread to the United States, is particularly popular in
countries like Pakistan and India where people want to avoid paying
taxes or bribes to officials when transferring money across borders,
experts said.
"Somebody will come into the office of a hawala broker in
Pakistan and say, `I want $100,000 to get to somebody in Vero Beach
who is going to come in and identify themselves as Cupid,' " said
Jonathan M. Winer, who led the State Department's international law
enforcement efforts from 1994 to 1999 and now practices law in
Washington.
The Pakistani broker, Mr. Winer explained, will contact a
counterpart in the United States, often using the Internet, then
mail him a chit or agree on a code word to complete the
transaction.
Mr. Winer said such brokers might have been used to transfer
sizable sums of money destined for terrorists in this country
because carrying large amounts of cash posed too many risks.
"The two brokers have absolute trust in each other," said Rowan
Bosworth-Davies, an expert on money laundering at the Control Risks
Group. "They often come from the same clan and that is why nothing
is written down or records kept."
Congress passed a law in 1993 requiring check-cashing businesses
and informal financial enterprises like hawalas to register with the
government and report transactions over $3,000. But the Clinton
administration did not publish all the regulations until 1999. The
Bush administration ordered a further delay until June 30, 2002.
Jimmy Gurule, the Treasury under secretary for enforcement, said
yesterday that the administration, in light of last week's attack,
might move up the date.
The effort to track the bin Laden group's money began in earnest
when President Bill Clinton signed a classified presidential order
on Oct. 21, 1995. The secret order, Presidential Decision Directive
42, ordered the Departments of Justice, State and Treasury, the
National Security Council, the C.I.A. and other intelligence
agencies to increase and integrate their efforts against
international money laundering by terrorists and criminals.
The government agencies joined together to try to penetrate the
bin Laden network of businesses, charities, banks and front
companies. They failed.
The ball was handed to people who were generally incompetent to
handle the intricate task, said one Clinton administration official
directly involved in the effort to drain or divert the money flowing
in and out of the bin Laden organization.
The government agencies given the job suffered from "a lack of
institutional knowledge, a lack of expertise," said William
Wechsler, a National Security Council staff member under Mr.
Clinton. "We could have been doing much more earlier. It didn't
happen."
Then attackers blew up two American embassies in Africa in August
1998. Richard A. Clarke, the government's counterterrorism
coordinator, set up a new government team. He ordered it to find out
how much money the bin Laden organization had, where it came from,
how it moved around the world — and to stop it.
"We had only marginal successes," said Mr. Wechsler, who led the
new team in 1998 and 1999. The United Arab Emirates imposed money
laundering laws and China banned flights by the Afghan state
airline, Ariana, at the United States' urging, officials said.
The lack of great success was "mostly due to the limited
assistance we received from key countries abroad," Mr. Wechsler
said. He blamed "their lack of political will or weaknesses in their
laws which fail to effectively regulate their financial institutions
and charities."
Until last week's attacks, the Bush administration was not much
more enthusiastic about new money laundering laws than Mr. Gramm.
Led by its chief economic adviser, Lawrence B. Lindsey, the
administration did not want to pressure international banks in the
United States and elsewhere to open their books.
Now the White House is setting up a new agency, called the
Foreign Terrorist Asset Tracking Center, run by the Treasury
Department with help from law enforcement and intelligence services,
to try anew to track bin Laden's finances.
The financial architecture of the bin Laden organization has not
changed radically since he set up operations near the Khyber Pass in
the mid-1980's and worked side by side with the C.I.A. to support
the rebels fighting Soviet forces in Afghanistan, United States
officials said.
"The money movement and fund- raising system is the same," Mr.
Wechsler said.