The Role of the Financial System in Criminal Organizations, Money Laundering, and the Design of Anti-Money-Laundering (AML) Policies: Striking a Balance between Prosecution and Prevention
Alejandro Werner
Roberto de Michele
Criminal organizations rely on the financial system to move and use their illegal profits, disguising them through a process known as money laundering. Illicit funds from crimes are first blended with legitimate business income, then transferred and layered through the financial system to hide their origin.
The global anti-money-laundering and combating the financing of terrorism (AML/CFT) framework, set by the Financial Action Task Force (FATF), was originally designed to help prosecute money laundering and related crimes, especially drug trafficking. As a result, many countries adopted frameworks focused primarily on criminal investigations. While still important, this approach is challenged by several factors, including increasingly sophisticated criminals capturing legitimate markets and, in Latin America and the Caribbean, large informal economies and heavy cash use.
Financial intelligence units (FIUs) are at the center of these frameworks and play a key role by collecting, analyzing, and sharing information on suspicious activities. However, growing operational demands and requests from other agencies have shifted their focus away from strategic analysis and feedback to the private sector.
The paper argues that the traditional prosecution-centered model overlooks the value of a strategic, preventative AML approach. This strategy would “tax” criminal activity by making it harder and more costly for criminals to use the financial system—through better detection, penalties, and system design—while minimizing burdens on legitimate users. We propose to tip the balance to preventative policy measures, especially using digital technologies to improve compliance and reduce costs. These measures are meant to complement, not replace, prosecutions. This paper ultimately reviews why AML matters, how the framework has evolved, challenges in Latin America and the Caribbean, limits of the prosecutorial model, and policy options to strengthen prevention.

The Growing Threat of Organized Crime in Latin America and the Caribbean
Marcela Meléndez, Nicolás Peña-Tenjo, Ernesto Schargrodsky, Juan Vargas
This policy paper examines the scale and nature of organized crime in Latin America and the Caribbean (LAC), highlighting its uniquely violent character. We propose a novel metric—excess lethal violence—that underscores how the region stands out globally in terms of criminal violence. Organized crime in LAC significantly undermines growth, productivity, and social mobility, reinforcing poverty and inequality traps. We argue that while eradicating organized crime is unlikely—just as developed countries coexist with entrenched mafia structures—countries already dealing with entrenched organized crime, as well as those where criminal networks have yet to fully embed themselves, still have a window of opportunity to contain their most harmful effects. The paper outlines four critical policy priorities for the region: (a) prison reform to address their criminogenic nature; (b) improved training and coordination within and across police and law enforcement agencies; (c) reinforced judicial effectiveness, reducing impunity and defining strategic priorities; and (d) international coordination and collaboration. We emphasize the value of emerging research efforts that combine fine-grained data with deep contextual knowledge of LAC’s local dynamics to inform more effective and actionable policy solutions.

