Politics

Whatever happened to innocent until proven guilty?

Thalia.

Posted to Politics on Fri Jul 07, 2006 at 12:49:54 PM EST. RSS.

Money transfer agencies have delayed or blocked thousands of cash deliveries on suspicion of terrorist connections simply because senders or recipients have names like Mohammed or Ahmed, company officials said.  Money sending groups say their clerks are simply following U.S.
Treasury Department guidelines that scrutinize cash flows for terrorist links. Most of the flagged transactions are delayed a few hours. Some are blocked entirely.

The Treasury Department calls it the "Specially Designated Nationals List." It includes the names of convicted terrorists, drug dealers and others considered dangerous. But The AP reports that sloppy checking is victimizing the innocent.

It's not a small problem.  A Western Union clerk at one Middle Eastern office told The AP 300 money transfers are blocked or delayed at that franchise alone -- every day.  To date there have been no lawsuits, and people who are flagged have to go through this process every time.  The only recourse is complaining to the Treasury Department, which does not seem to be responsive.

Tags: politics, discrimination, anti-arab (all tags)

This story: 16 comments (1 from subqueue)
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1

sympathy for the crusading devils

natophonic.

Fri Jul 07, 2006 at 03:05:08 PM EST

3.33 (interesting, astute, interesting)

To be somewhat fair, the way it reads is that the transaction was flagged because the recipient was "Sahir Mohammed", not just "Mohammed", so that narrows the field from approximately 300M people to, let's say, 150000. Add in transliteration difficulties (e.g., Mohammed vs. Muhammed vs. Mohamed), though, and that number probably jumps back up fourfold.

The no-fly list that airlines use to prevent terrorists from boarding planes has the same problems. You may have seen the story a while back about how the phonetic algorithms used by the no-fly list couldn't distinguish between former Sex Pistols frontman Johnny "Rotten" Lydon and Osama bin Laden. (Though I doubt many Republicans would have a problem with Johnny Rotten being barred from entering the US again... means, ends, who cares?)

Even taking phonetics out of the problem, a truly unique name is a difficult thing to come by. My first name is a fairly uncommon Jewish name coupled with a somewhat common (in Switzerland) Swiss name. I've counted at least 23 different and distinct 'me's from a vanity Google search; I'm either a VP of Sales at a large paper envelope manufacturer, an electrical engineer who's a pretty decent amatuer photographer, a software engineer who likes to make music, or a student who races dirt bikes for "Team Christ."

The root of the problem is that private organizations have been forcibly deputized by the Department of Homeland Security into law enforcement responsibilities, because of course post-9/11 "everything has changed." I'm sure it's far less trouble for Western Union to blindly comply with the DHS's 'no money' list and turn away scores of customers, than it would be to slug it out in Federal court every time the DHS fingers them for allowing a $20 transfer to a group of 'terrorists' intent on taking over the world with their wooden rowboat and a knife. If the responsibility of the money transfer agencies, banks, and airlines were reduced to notification of the DHS everytime a customer on one of their lists pops up, I'm sure we'd see much better lists, particularly if the DHS were required to publish a quarterly report on all the notifications they've failed to follow up on. I'm quite certain we would be exactly as safe, if not safer, than we are today.

5

^ 1

I've come to debase the currency

Steve Urkel.

Fri Jul 07, 2006 at 05:18:20 PM EST

4.66 (informative, informative, informative)

"The root of the problem is that private organizations have been forcibly deputized by the Department of Homeland Security into law enforcement responsibilities, because of course post-9/11 "everything has changed."

That isn't the case at all. The Office of Foreign Assets Control, or OFAC, was created in the 1950's, and is overseen by the Treasury, not the DHS. Some of the restrictions are specific to the US (Cuba), but many involve multi-national or UN sanctions (for example the restrictions involving banks and nationals connected to the diamond trade and UNITA stem from UN sanctions).  

The problem of duplicate names would happen regularly, how rapidly the bank took steps to resolve the matter depended on the customer. There isn't much financial incentive to rapidly solve a mix up for an individual who's only transactions with the bank are the sending of small amounts of money.

The only times we would notify law enforcement of someone sending funds to an OFAC restricted bank (I can't remember anyone ever intentionally sending money to a restricted person (specific designated national, or SDN)), was when it seemed there was intent to decive behind it, i.e. routing the money via a number of banks in the hopes the bank would be too stupid to notice. If it was some guy from Sudan trying to send $100 back to his grandma we wouldn't bother, under the reasonable assumption he was only trying because he didn't know any better.  

My favorite OFAC SDN was Roger Tamraz, a Clinton and Democratic campaign contributor who attended a White House dinner while he was on the restricted list. Which I found amusing.

6

^ 5

debased but not devalued

natophonic.

Fri Jul 07, 2006 at 07:32:21 PM EST

4.00 (funny)

Wow, interesting background (I like how I can mod you up even though I've already commented). I was under the impression that the PATRIOT act first mandated that banks block transactions involving suspected terrorists, and that the DHS maintained the list.

And here's the list from the OFAC's website:

http://www.ustreas.gov/offices/enforcement/ofac/sdn/sdnlist.txt

It's still not entirely clear who maintains the list, but two things surprised me: 1) there aren't nearly as many people on the list as I would have expected, and 2) between the aliases and the transliteration, I'd estimate that about half the world's population could conceivably come under scrutiny. I mean, holy crap:

AL-NUBI, Abu (a.k.a. AL MASRI, Abd Al Wakil; a.k.a. ALI, Hassan;
a.k.a. ANIS, Abu; a.k.a. ELBISHY, Moustafa Ali; a.k.a. FADHIL,
Mustafa Mohamed; a.k.a. FADIL, Mustafa Muhamad; a.k.a. FAZUL,
Mustafa; a.k.a. HUSSEIN; a.k.a. JIHAD, Abu; a.k.a. KHALID; a.k.a.
MAN, Nu; a.k.a. MOHAMMED, Mustafa; a.k.a. YUSSRR, Abu); DOB 23 Jun
1976; POB Cairo, Egypt; citizen Egypt alt. Kenya; Kenyan ID No.
12773667; Serial No. 201735161 (individual) [SDGT]

Must suck to be one of the millions of people with Hussein or Khalid in their name. On the other hand, if you frequently travel or do business outside the Middle East and your name is Abu Jihad, you should think about a legal name change (yes, I get that jihad has a broader and non-violent meaning outside of fundy Islam, but still...).

My favorite:

AHMED THE TALL (a.k.a. ALLY, Ahmed; a.k.a. BAHAMAD; a.k.a. BAHAMAD,
Sheik; a.k.a. BAHAMADI, Sheikh; a.k.a. SUWEIDAN, Sheikh Ahmad
Salem; a.k.a. SWEDAN, Sheikh; a.k.a. SWEDAN, Sheikh Ahmed Salem;
a.k.a. SWEDAN, Sheikh Ahmed Salim); DOB 9 Apr 1969; alt. DOB 9 Apr
1960; POB Mombasa, Kenya; citizen Kenya (individual) [SDGT]

I'd really hate to be the bank teller who tells Ahmed the Tall and his two even taller bodyguards that they have to wait while I talk to my manager about their withdraw slip.

8

^ 6

Mohammed is a problematic name.

MayorBob.

Fri Jul 07, 2006 at 11:47:39 PM EST

5.00

Apparently irony isn't dead yet in Dubai if the name of the Western Union office manager is correct:

"Mohammed and Ahmed have become problematic names because they are so common on the list of terrorists," said Nixon Baby, who runs a Western Union franchise in Bur Dubai, a neighborhood packed with South Asian businesses. "These are regulations that Western Union is required to obey. We have no control."

 

Illegitimi non carborundum.

7

^ 6

Ahmed the Tall, Captured!

natophonic.

Fri Jul 07, 2006 at 07:45:26 PM EST

none


well, maybe, or it might have been some other guy...

http://en.wikipedia.org/wiki/Sheikh_Ahmed_Salim_Swedan

Either way, he doesn't look as scary as his name.

13

^ 6

exciting bank trivia!

Steve Urkel.

Sat Jul 08, 2006 at 01:18:35 PM EST

none

From your first example, if an AL-NUBI came up and the intended recipient wasn't in Egypt or Kenya we would clear it. If it was going to Egypt or Kenya you could then use date of birth (ask sender recipients date of birth to ascertain it doesn't match, require recipient to present ID showing date of birth for it to pay out). Or if it was obvious the recipient wasn't a terrorist we would send it (something like 95% of our transfers were for corporate clients, so you have longstanding relationships).

If what I've read is accurate Western Union doesn't clear their own wires, they send them to the government. If we cleared someone once for a client, we could keep track of it, which they probably can't or don't do.  

3

^ 1

Speaking of that pesky "no-fly" list...

geekybob.

Fri Jul 07, 2006 at 03:59:56 PM EST

1.00 (illiterate)

When I purchase a firearm, the transaction is often "held" overnight for further review by the BATF. I always assumed that this was because I have a very common name, and that a namesake had a criminal record. (For the record, it is not a version of "Mohammed").

Last month, we flew out to the Left Coast... it turns out that my common name is on "Do Not Fly."

At the check-in counters in Philly and San Francisco, the ticket agent had to call Homeland Security and read them the information on my driver's license. The agent in Frisco recommended that I travel with my passport in the future, since that document would have enabled her to verify that I was not the geeky Bob on the no-fly list.



I'm not a Democrat, I'm a liberal. Democrats go to meetings...

9

^ 3

Commoner than Geekybob

charlies.

Sat Jul 08, 2006 at 03:35:05 AM EST

none

Thank you, Geekybob. My exhibit in the list of reasons these computers will never catch on: A few years ago a state trooper stopped me for speeding in Nebraska. I gave him my (Washington State) driver's license. He went back to his car. A few minutes later he came back and explained that his department had just installed computers in the cars that could access NCIC, and did I know that there were felony warrants out for me in all fifty states?

I have a very common name.

January 20, 2009. Justice becomes possible.

10

^ 3

Well

snarkism.

Sat Jul 08, 2006 at 04:03:03 AM EST

none

Perhaps they think that being named "Geeky" means you are a cyber-terrorist computer hacker?

snarkism

12

^ 10

Or, maybe...

geekybob.

Sat Jul 08, 2006 at 12:07:36 PM EST

1.00 (illiterate)

Maybe they looked at the BATF background checks, and figured out that I have so many guns that I simply must have three or four of them with me at all times.

(For the record, I only have eight).



I'm not a Democrat, I'm a liberal. Democrats go to meetings...

14

^ 12

8

stevetherobot.

Mon Jul 10, 2006 at 10:18:53 AM EST

3.00 (funny, funny)

You have eight guns with you at all times?  Wow!

2

Not a ton of sympathy here

thefadd.

Fri Jul 07, 2006 at 03:39:14 PM EST

none

There are holds and reporting requirements on all types of funds transfers. Frankly, given the controls in place on bank accounts and credit card accounts in America, I'm sort of shocked at the ease of Western Union money transfers in general. You don't have to give your real name to send money and you don't exactly need a high quality ID to retreive the funds. Sometimes even just a password will do. And if you know the guy at the western union, he can cut you even more slack.

Any type of profiling is disturbing on the one hand and is an ineffective law enforcement tool on a general basis as far as I'm concerned. Put more people on the staff and review more of the transaction on a randomized or algorhythmic basis.

escalators never fail; they just become stairs

4

^ 2

why not follow the money instead of blocking it?

natophonic.

Fri Jul 07, 2006 at 04:09:07 PM EST

4.00 (interesting, interesting, brilliant)

The holds are to cover the bank's own ass, e.g., don't allow Joe to withdraw $10,000 from his checking account that had a balance of $3,000 yesterday and $14,000 today after he just deposited a check, until you're really really sure the check is good.

The reporting requirements (that I'm aware of) are amount- and time-based, e.g., notify the IRS whenever a customer deposits more than $9,000 in cash within 30 days. This is a whole lot less difficult to automate and implement than to figure out if "Saher Muhammed" in the UAE is the same guy as #4593443 on the List of Suspected Terrorists, "Sahir Mohammed" (last location Pakistan, or maybe Detroit). Adding Western Union staff isn't going to help. Adding DHS staff might help tighten up the list, but as I said, only if the DHS staff themselves feel most of the pain from having a crappy list.

Once the list is of a quality above "utter crap," it would be far more useful to let the transaction go through and follow the money, than to block it in the first place. That the DHS is content to do the latter, says that whole of the effort is focused on the appearance of doing something, rather than actually catching terrorists.

11

^ 2

identify yourself, shopper

socky.

Sat Jul 08, 2006 at 05:34:48 AM EST

none

You don't have to give your real name to send money

slightly off-topic but why should you? You don't have to give your real name to put money - or countersigned traveller's cheques, or bank guarantees - in an envelope and send it through the post. You are the one taking the financial risk, just as when you pay one of these companies to wire your money. They should have to give you their real name (especially if they are the WU manager in Dubai - that's worth any service charge).

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