Events & Awards

From Conclave: JVC Shares Anti-Money Laundering Program Tips

Events & AwardsSep 22, 2021

From Conclave: JVC Shares Anti-Money Laundering Program Tips

Plus, jeweler Melissa Quick of Steve Quick Jeweler details what it was like to go through an AML audit.

20210922_Money Laundering.jpg
During a presentation at AGS Conclave in Dallas last week, Tiffany Stevens and Sara Yood of the Jewelers Vigilance Committee and Melissa Quick of Steve Quick Jeweler shared tips on how jewelers can set up and maintain an anti-money laundering program.
Dallas— Attorneys from the Jewelers Vigilance Committee headed to Dallas last week to school AGS Conclave attendees on the do’s and don’ts of creating an anti-money laundering program.

From scouring supplier lists to trade-in exceptions, JVC’s Tiffany Stevens and Sara Yood delved into the details.

And Melissa Quick of Steve Quick Jeweler in Chicago shared her personal experience of being audited as a cautionary tale for other jewelers.

Here are a few important things to keep in mind, per the presentation.

Know the law and if it applies to your business.

Money laundering is the process of making ill-gotten gains appear legal and any jeweler is liable to get tangled in its web.

Anti-money laundering (AML) laws were first enacted in the United States by the Bank Secrecy Act of 1970 and were later expanded to include jewelers by the USA Patriot Act of 2001.

The regulations apply to jewelers who purchase and sell $50,000 or more in “covered goods,” which refer to goods made of precious metal, precious gems, and jewels and jewelry that derive at least 50 percent of their value from those precious materials.

However, retailers who only buy from sellers who are compliant with U.S. anti-money laundering laws do not need to have an AML program in place.

If a retailer buys from a foreign supplier, estate sales, auction houses, government-sponsored sales, or from the public (not including trade-ins), then an AML program should be put in place.

(Regarding trade-ins, AML rules apply if a trade-in leads to a payment to the customer and retailers should ask to see an ID.)

Jewelers should name a compliance officer to take charge of the AML program.

This person needs to be an employee of the company who is knowledgeable about the business, capable of documenting actions related to the program, and has the authority to make decisions on behalf of the company.

Also, be sure all employees are aware of the program and trained on how it works.

If a business is not compliant, following investigations and legal proceedings, regulators could impose two different types of penalties, according to Jewelers of America.

A retailer could face a civil penalty with a fine up to $250,000 or up to two times the amount of the transaction (not to exceed $1 million), or a criminal penalty with a fine up to $500,000 and a maximum of 10 years in prison, or both.

Check on suppliers regularly.

It’s important for jewelers to perform a risk assessment, paying particular attention to suppliers.

The Office of Foreign Assets Control, a division of the U.S. Treasury, publishes a list of individuals and companies owned or controlled by countries U.S. citizens are not permitted to do business with by law.

It also lists individuals, groups and entities, like terrorists and drug traffickers, that are not country-specific. They are called “specially designated nationals” (SDNs) and U.S. citizens must avoid doing business with them as well.

Jewelers can also check the list of sanctions programs and the Financial Action Task Force’s list of non-cooperative countries.

JVC advises retailers to go through their supplier list and spot check regularly to see if any show up on these lists. Customers can be checked as well.

If there appears to be a match, verify before burning that bridge.

Jewelers should keep an Excel file or list to document when the list has been cross-checked.

If an auditor comes knocking, well-kept records could fend them off, or at least buy some time, said Yood.

 Related stories will be right here … 

Be wary of red flags.

Many jewelers have long-standing, trustworthy relationships with their suppliers and customers, but if something feels off,  examine the situation.

For example, if a supplier suddenly wants a jeweler to send payment somewhere other than the usual place, that’s a red flag, said Yood.

When jewelers encounter a red flag, they should speak with the supplier or customer and ask a few clarifying questions.

Make a risk assessment and consult with the AML compliance officer, then decide whether or not to proceed with the transaction and document the decision.

Stop accepting cash payments.

Cash transactions come with their own baggage.

Transactions over $10,000 paid in cash have to be reported to the IRS via a form 8300. Whether it’s one transaction or a related series of transactions, that form needs to be filled out.

A retailer will need a customer’s tax ID and address to fill out that form, so be sure to collect that.

A foolproof way to avoid the problems attached to cash payments is to stop accepting them, said Yood.

“If someone really wants to buy something, they will figure out a way to pay you that is not cash,” she said.

While getting rid of paper money, ditch the paper invoices too, said Yood, noting digital ones are easier to sort through and manage.

Stress test the program.

Those looking to create a program have a few options.

Jewelers can hire an attorney to draft one, purchase JewelPAC, an automated software program from JVC and Jewelers Mutual, or buy JVC’s hard copy AML kit.

Once a program in place, be sure that it works. JVC recommends annual testing by a third-party auditor.

The stress test should include a full review of the AML program and documents as well as a review of three months of transactions.

Ledger entries should be matched to invoices and then to payments to suppliers or from customers.

Yood recommends holding onto all documents for seven years, as per the usual legal standard.

A word from the wise

Melissa Quick shared her experience of being audited with the session attendees, recounting a harrowing tale of nonstop paperwork and hefty legal fees.

The IRS contacted her seemingly out of the blue, showing up just ahead of the holiday season, an inopportune time for any retailer. Thankfully, her lawyer was able to negotiate a postponement until after the holidays.

The auditor dragged Quick along on a 9-month long journey that cost her $25,000 in legal fees.

“I didn’t do anything wrong, but it was a great expense to prove I didn’t do anything wrong,” said Quick.

Time and money aside, the experience was a drain on her mental health.

Quick reached out to JVC for guidance on how she and her lawyer should navigate the auditing process.

Looking to avoid this ordeal again in the future, Quick heeded Yood’s advice and stopped taking cash payments entirely, concluding she’d rather pay the 2.5 percent credit card processing fee and avoid another five-figure legal bill.

She also no longer works with international vendors to lower her risk level.

Quick said she doesn’t know any other jewelers who have gone through this process, though Yood was aware of a few in the Midwest and on the West Coast.

The likelihood of an audit is low, said Yood, but it’s always good to be prepared.

The Latest

Stock image of handcuffs and gavel
CrimeMay 02, 2024
4 Indicted in Burglary Ring Targeting Indian, South Asian Families

The men are allegedly responsible for stealing millions in jewelry and other valuables in 43 burglaries in 25 towns across Massachusetts.

Horizon Campaign Collage
CollectionsMay 02, 2024
Foundrae Launches ‘Horizon’ Collection

“Horizon” invites individuals to explore the limitless possibilities that lie ahead, said the brand.

Pandora jewelry
FinancialsMay 02, 2024
Pandora Raises Guidance After Strong Q1

The jeweler credits its recent “Be Love” campaign and ongoing brand revamp for its 17 percent jump in sales.

national-jeweler-top-image-v1.jpg
Brought to you by
Rio’s Reimagined Podcast: For the Love of Jewelers

Meet Ben Claus—grand prize winner of For the Love of Jewelers 2023 Fall Design Challenge.

Glenn Lewis
IndependentsMay 02, 2024
Oklahoma Jeweler Glenn Lewis Dies at 68

The co-founder of Lewis Jewelers was also the longtime mayor of the city of Moore.

Weekly QuizMay 02, 2024
This Week’s Quiz
Test your jewelry news knowledge by answering these seven questions.
Take the Quiz
The back of the Baume & Mercier watch Elvis gave to Dodie Marshall
AuctionsMay 02, 2024
Vintage Baume & Mercier With Ties to Elvis Sells for $7K

Elvis Presley gifted this circa 1967 gold and diamond watch to Dodie Marshall, his co-star in “Easy Come, Easy Go.”

Harwell Godfrey
IndependentsMay 01, 2024
Harwell Godfrey Opens First Store

It is located in Marin County, California.

1-(3.18).JPG
Brought to you by
The Blueprint for Success in Scalable, Personalized Jewelry Retail

With Ho Brothers, you can unlock your brand's true potential and offer customers the personalized jewelry experiences they desire.

Woman holding a dress
SurveysMay 01, 2024
Consumer Confidence Falls in April

Concerns about rising prices, politics, and global conflicts continue to dampen consumer outlook.

Syna emerald earrings
TrendsMay 01, 2024
Amanda’s Style File: All Eyes on Emeralds

May’s birthstone is beloved for its rich green hue and its versatility.

Jacqui Larsson Looking at a Diamond
SourcingMay 01, 2024
Opsydia Names New Sales and Marketing Director

Jacqui Larsson joins Opsydia with nearly two decades of experience in the industry.

Stock image crime handcuffs
CrimeMay 01, 2024
Grand Jury to Hear Case Against Jeweler Charged in Fatal Shove Following IJO Show

Last month in Dallas, David Walton pushed another jeweler, David Ettinger, who later died.

Tiffany Blue Book 2024: Tiffany Céleste Wings Pendant
CollectionsApr 30, 2024
12 Otherworldly Pieces From Tiffany & Co.’s 2024 Blue Book

The “Tiffany Céleste” collection reimagines designer Jean Schlumberger’s interpretations of the universe.

Zales 100th Anniversary Marketing Campaign
MajorsApr 30, 2024
Zales Celebrates 100 Years With New Campaign

The brand also created a 100-carat lab-grown diamond necklace in honor of its centennial.

Tim Schlick
MajorsApr 30, 2024
Platinum Guild International Appoints New CEO

Tim Schlick has been promoted from his previous position as COO.

Supplier Spotlight -GIA -Recorded-Webinar.png
Recorded WebinarsApr 29, 2024
Watch: Diamond Identification and Evaluation - How to Protect your Business

Supplier Spotlight Sponsored by GIA

De Beers polished in tweezers
SourcingApr 29, 2024
De Beers to Move Auction HQ from Singapore to Botswana

Sales will be paused while the relocation takes place over the next few months.

Simone I. Smith SIS x MISA Denim and Diamonds
CollectionsApr 29, 2024
Simone I. Smith Mixes Denim and Diamonds in New Collection

“SIS x MISA Denim and Diamonds” is a collaboration between the designer and celebrity stylist Misa Hylton.

Venus Jewelers Logo
IndependentsApr 29, 2024
Venus Jewelers Relocating After 45 Years

The retailer is moving to a newly designed space in the same shopping center.

Established Mom tattoo pendant
SurveysApr 29, 2024
Mother’s Day Jewelry Spending to Reach $7B, Says NRF

Gifts that are unique and thoughtful are top of mind this year, according to the annual survey.

Jacquie Aiche’s Starry Galaxy Inlay Necklace
CollectionsApr 26, 2024
Piece of the Week: Jacquie Aiche’s Starry Galaxy Necklace

The necklace is featured in the brand’s “Rebel Heart” campaign starring Adam Levine and Behati Prinsloo.

De Beers Venetia diamond mine in South Africa
SourcingApr 26, 2024
Anglo American Reportedly Shopping De Beers as BHP Eyes Anglo

Big changes appear to be on the horizon for the diamond miner and its parent company, Anglo American.

Lisa Bridge and Alexis Padis at AGS Conclave 2024
Events & AwardsApr 25, 2024
Alexis Padis Takes Over as AGS Board President

Padis succeeds Lisa Bridge, marking the first time the organization has had two women board presidents in a row.

Jesse Cole Savannah Bananas
EditorsApr 25, 2024
5 Tips for Creating Fans from the Top (Savannah) Banana

Jesse Cole, founder of Fans First Entertainment, shared the “five Es” of building a fan base during his AGS Conclave keynote.

John Mayer Audemars Piguet
WatchesApr 25, 2024
Audemars Piguet and John Mayer Partner on Limited Edition Watch

The Royal Oak Perpetual Calendar "John Mayer" was celebrated at a star-studded party in LA last week.

Stock image of rough diamonds mined by De Beers
SourcingApr 25, 2024
De Beers Lowers Production Guidance for 2024

The announcement came as the company reported a 23 percent drop in production in Q1.

Jared Goff Presents Jared Jewelers’ Donation to Give Merit
MajorsApr 25, 2024
Detroit Lions’ QB Jared Goff Keeps Going to Jared

The three-time Pro Bowler continues to partner with the retailer, donating to a Detroit nonprofit and giving watches to fans.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy