In the second part of the major interview given to Seneweb, the former President of the National Financial Information Processing Unit (Centif), Ngouda Fall Kane, looks back on his tumultuous career at Centif, his troubled relationship with President Wade and the unit's first case. Interview!

 

How does Centif proceed in its investigations?

 

Centif conducts financial intelligence. It enriches the information it receives from professionals subject to the obligation to report suspicious transactions by using appropriate financial intelligence procedures and techniques.

 

In carrying out its mission, CENTIF acts with discretion. Confidentiality is the foundation on which the work of CENTIF and all financial intelligence units (FIUs) around the world is based.

 

So it is in compliance with this confidentiality obligation that certain files are not visible on the Centif website?

 

Centif cannot post its files on its website. The report that is published is a summary report that highlights Centif's strategic and operational actions during the year, as well as the typologies observed. This report has been intended for the Minister of Finance and Budget, the BCEAO, and the public for several years.

 

The investigation reports drawn up on the basis of the suspicious activity reports received are forwarded directly by Centif to the prosecutor of the Judicial and Financial Pool. The prosecutor, in turn, is required to forward the report directly to the investigating judge for the opening of a judicial investigation or legal proceedings. The initiation of judicial investigation procedures is the exclusive responsibility of the investigating judge.

 

That said, it is, in my opinion, important to note a significant development in the fight against economic and financial crime in our country. We must accept this. This development rests on two pillars: the clear political will to combat economic and financial crimes and the establishment of the Financial Judicial Pool (PJF).

 

Moreover, since its establishment, we have seen that Centif files are processed quickly....

 

As I mentioned above, I have always denounced the lack of speed in the judicial processing of reports from CENTIF, OFNAC and the supervisory bodies. This is a situation that is now being resolved by the State and the law enforcement authorities.

 

In your time, why was this speed not appropriate?

 

Cases were not handled quickly because there was a single prosecutor handling all the cases. Today, there is a Judicial Pool that specializes in handling economic and financial crimes.

 

Do you share the opinion of certain politicians who see the PJF as the armed wing of the regime?

 

I prefer not to go into these details. What is clear is that the Judicial Pool now allows for the diligent processing of reports submitted, not only by CENTIF, but also by other bodies that fight economic and financial crime (IGE, Court of Auditors, OFNAC, etc.). It is a system in which each element, including justice, has a role to play.

 

If the justice system doesn't react, the system doesn't work; it's blocked. Since the establishment of the Judicial and Financial Pool, we've been able to diligently process cases related to economic and financial crime. This is important. If you follow the cases currently being opened by the PJF, you'll see that there are those from the IGE, the Court of Auditors, as well as reports from other oversight bodies.

 

We have always demanded the diligent processing of reports submitted by supervisory bodies and administrative investigation bodies. It is a pleasure to note that this has now become a reality.

 

Were there any obstacles to the diligence of certain files at the time when you were in charge of Centif?

At the time, political will, in my opinion, was lacking and the public prosecutor was also overloaded.

 

Regarding the Centif reports, their processing is not as complicated as that due to their volume but also due to the operational trap of reversing the burden of proof.

 

The CENTIF makes enormous efforts to present to the financial judicial pool, hard-hitting cases supported by the evidentiary elements it has identified. However, the CENTIF cannot qualify the offense. It forms suspicions. The qualification of the offense is a matter for the courts.

 

The efforts made by Centif in terms of analysis are now accompanied by increasing support from professionals subject to the obligation to report suspicious transactions, the scope of which was extended by the 2024 law.

 

Overall, for greater efficiency of the system for combating economic and financial crime, efforts must be made to eliminate information asymmetry and the leaking of judicial and extrajudicial information to the press before the completion of procedures.

 

But the population needs to know too?

 

The public needs to be informed, but it must be well informed. Likewise, the presumption of innocence regarding the persons cited must be scrupulously respected.

 

Doesn't Centif's working methodology, which is based on declarations of suspicion, constitute a brake on investment, especially in a context where the country needs funds?

 

No, not at all! On the contrary, investors need an environment where economic and financial crime is combated. In other words, an environment where there is less corruption, less embezzlement of public funds, less money laundering, etc.

 

Consequently, an effective fight against money laundering is an element that can encourage technical and financial partners to invest in our country or to finance economic projects. As proof, Senegal has made enormous efforts at the regulatory level to get off the FATF gray list and the European Union black list, given their blocking effects on the mobilization of external resources and foreign investment.

 

In a recent publication, you highlighted the growing seriousness of money laundering. Can you provide some details on certain key sectors in Senegal? Which sectors are at risk?

 

Let's not kid ourselves: all sectors that generate funds can now be risky sectors. We also have drug trafficking, which is experiencing extraordinary growth in our country, embezzlement of public funds, irregular land management, etc.

 

There is also construction, which is a sector at risk for money laundering.   because it is corrupting.

 

There's also the wrestling industry (our national sport). For several years, this sector has been considered a breeding ground for money laundering. Have there been any suspicious activity reports regarding players in this sector?

 

No, I couldn't say. But it's a sector that's very exposed to money laundering. I'm not the first to say that. I think Gaston Mbengue (may he rest in peace) spoke about it at the time. It's a sector with a high risk of money laundering.

 

I would also like to highlight the drug trafficking that has reached worrying proportions in this country. This is evidenced by the numerous cocaine seizures made since 2022 by Customs and security forces. However, despite the scale of the seizures, a significant amount slips through the net. In addition to cocaine, amphetamines, Kush, captagon, and other synthetic drugs that come to us from certain countries in West Africa and the Middle East also circulate in our country. Where there are drugs, there is necessarily a risk of money laundering.

 

There is also illegal migration, which is a significant source of money laundering. This too should be noted.

 

What measures do you recommend for a much more effective fight against money laundering and the financing of terrorism?

 

We need to raise awareness among the population and those involved in the global economy, not just about money laundering. We must not dismiss money laundering as a fundamental crime. When you want to fight an enemy, I believe you must also fight everything that gives the enemy strength.

 

Furthermore, as the phenomenology of money laundering is evolving, investigative bodies and law enforcement authorities must adapt by strengthening their capacity to identify money laundering techniques as well as the underlying offences and crimes in order to better combat them.

 

So you agree that the effectiveness of Centif needs to be further strengthened. What measures should be adopted?

 

As I have already said, the fight against money laundering involves a system of which the Centif is the pivot. What is expected is the effectiveness of the system for combating economic and financial crime, not only the Centif but also the justice system and other stakeholders.

 

As for Centif, despite the criticism, it is doing good work, as evidenced by the gradual acceptance by those subject to the obligation to report suspicious transactions and the number of cases referred to the courts.

I nevertheless encourage Centif to adopt new financial investigation technologies in order to improve the analyses and reports to be sent to the Judicial and Financial Pool.

International cooperation is also fundamental, it seems to me...

 

As money laundering is a transnational crime, the strengthening of international cooperation is to be encouraged, as is internal cooperation between dedicated structures (control bodies, OFNAC, police, gendarmerie, etc.).

 

You were the first President of Centif when it was established in 2005. Can you look back and tell us about your experience. What were the main challenges you encountered?

 

It wasn't easy when I opened Centif in 2005. First of all, it was an unknown structure. It took a lot of effort to make it known nationally and internationally. Internally, we also had to train ourselves in the fight against money laundering and help those subject to it to train. The stakes were high. It was a law and a decree that was given to me in 2004, and that was it.

 

We started Centif in 2005 and the first file received concerned a politically exposed personality.

 

Can you name him?

 

No, I can't quote him.

 

Was he an opponent or what?

 

No, he wasn't an opponent. He was in power. He was a hot potato (laughs). But we fought to make the report and transmit it to the   public prosecutor.

 

Where was the difficulty?

 

The difficulty was to prepare a well-informed report to send to the public prosecutor.

 

Did anyone object?

No, no one objected. The authorities were only informed when the judicial investigation was opened.

 

What was the reaction of the authorities when they learned about it?

 

I was called from everywhere (laughs). "He came into my gardens. What is he doing? What is this Centif business? Who is this boy?" Mr. Wade reacted. Mr. Wade hated Centif so much that he spoke of "the Centif" instead of "the Centif" (laughs). This already gives you an idea of the difficulties I had in getting all the stakeholders on board, particularly financial institutions, lawyers, notaries, and other taxpayers.

 

In this regard, enormous efforts have been made in terms of training and awareness-raising, over almost four years.

 

At the same time, I had to establish Centif internationally to achieve its membership in the EGMONT group, which took place in 2009 (the second country in West Africa after Nigeria).

 

To return to the first case. Finally, what happened next?

 

The suspect died before the investigations were completed.

Many reports have been submitted to the courts, each one as important as the last.

 

The other difficulty was the decision taken by the government at the beginning of June 2011 to amend Law No. 2004.09 of 6 February 2009 on the fight against money laundering, resulting from the internalisation of the 2002 WAEMU directive on money laundering, in its fundamental provision which obliges the Public Prosecutor to immediately refer the matter, upon receipt of the Centif report, to the investigating judge for the opening of a judicial investigation or to proceed with legal proceedings.

 

I was informed of its approval by the Council of Ministers. The information was given to me in real time, while I was at an awareness seminar in Saint Louis. I immediately appealed to the press to denounce "this extremely serious setback in the fight against financial crime in our country."

 

Back in Dakar, I kept informed the institutions of the UEMOA, the World Bank, the IMF, the Egmont Group, the FATF, the US embassies and the French embassies.

 

In addition, the National Assembly's Law Commission summoned us (me and the members of CENTIF). It was headed at the time by Abdoulaye Babou. This meeting allowed us to force the government to back down.

 

Many other difficulties arose as Centif evolved, and we tried to address them. I will return to this later in a book I am currently writing, "Choice of Life - Memoirs of a Tireless Servant of the State."