Published Dec 22, 2020

450: Frank Maderal | The Dirty Money Behind Illicit Gold Smuggling

Frank Maderal, a litigator and expert featured on Netflix's Dirty Money, delves into the illicit gold smuggling industry, unraveling how it launders billions and devastates economies while exposing regulatory gaps that allow criminal enterprises to flourish.
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  • Gold vs Diamonds

    The gold industry faces unique challenges in regulation compared to the diamond industry. explains that while diamonds have certification agencies to ensure they are conflict-free, similar mechanisms are lacking for gold. He notes that consumer pressure played a significant role in the diamond industry's shift towards ethical sourcing, a force not as prevalent in the gold market 1. Gold's industrial uses and the lack of consumer-driven demand for ethical sourcing make it difficult to implement similar regulations 1.

    The market for diamonds is a little different than it is for gold. Gold has a lot of industrial uses other than jewelry.

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    Additionally, gold's ease of valuation and transportability make it a preferred medium for money laundering, unlike diamonds, which have subjective valuations and are harder to assess 2.

       

    Refinery Loopholes

    Refineries play a crucial role in the illegal gold trade, often due to inadequate anti-money laundering measures. highlights how refineries can claim ignorance by not having proper systems in place, which allows them to process illicit gold without facing legal repercussions 3. The law requires refineries to have adequate anti-money laundering programs, but the definition of "adequate" is vague, leading to loopholes that are exploited by unscrupulous operators 4.

    You have to try and go to do a good job and have some sort of controls, some sort of process in place so you know your customer.

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    This lack of regulation enables the continuous cycle of illegal gold transactions, as refineries fail to ask critical questions about the origins of the gold they process 4.

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