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Feb.13, 2010, 4:44:00 PM

A major money-wiring corporation will pay Arizona millions of dollars to end a lawsuit filed against it by the state.

Western Union will pay $50 million to a non-profit organization that will then be given available in grants to law enforcement agencies in the four border states to combat human trafficking, drug smuggling and money laundering. The company also will pay $21 million to Arizona to cover the costs already incurred in its investigation of whether Western Union or its agents were engaged in money laundering.

On top of that the company said it will spend $19 million to enhance its own money-laundering efforts. And it will fund a special monitor to oversee those efforts at a cost of $4 million.

Potentially more significant, the agreement requires the company to give the state information on all future wire transfers of cash of $500 or more between any two points in the border area -- 200 miles into both this country as well as Mexico -- without the state first having to obtain a warrant. That data will help prosecutors figure out who is funneling money back to smugglers in Mexico and who might just be sending cash home to a family member.

The deal ends a 4-year effort by the Attorney General's Office to get the company to cooperate more in the state's efforts to figure out who was sending money to Mexico that might be linked to illegal activity in this country. That includes not only cash from drug sales but also amounts paid by people who were ferried illegally into the United States by smugglers.

In the deal, Western Union's admitted that between 2003 and 2007 the company had information which, viewed as a whole, gave it reason to know that people at several of its locations were actively engaged in laundering cash. And company officials said they have duties under both state and federal law to monitor for this kind of activity.

David Schlapbach, the executive vice president and general counsel, said he believes the company's efforts to fight money laundering is "the best in the industry.' But he said Western Union can -- and will -- do more.

"We are committed to working cooperatively with Arizona to further enhance our program to deal with the unique problems associated with criminal activity along the Southwest border,' he said in a prepared statement.

Whether the company actually does better, though, remains to be seen.

The order gives a court-appointed monitor the power to oversee what Western Union is doing to combat money laundering. Assistant Attorney General Cameron Holmes said, in essence, the company will be on probation for at least the next 29 months.

During that time, if the monitor finds there is not compliance, the state is free to bring charges against the company for any violations that have occurred.

After that, Holmes said, it will be up to the monitor to decide if the company is fulfilling all of its legal obligations. If so, the monitor can recommend that the probationary period be ended, freeing up Western Union from the possibility of prosecution for anything it had done.

But the monitoring can continue for up to 41 months.

Attorney General Terry Goddard said the deal will make it easier to combat crime.

"Attacking the flow of illicit funds from the United States to smuggling cartels in Mexico is fundamental to our goal of crushing the cartels,' Goddard said in a prepared statement. "The money and information made available from this settlement will offer invaluable tools to federal law enforcement on both sides of the border.'

The deal does not overturn an Arizona Supreme Court ruling which limits the ability of Goddard's office to use "damming warrants.'

Under that procedure, prosecutors sought court orders to "dam' all wire transfers meeting certain criteria. It would then be up to the intended recipient to show that the funding is for a legal reason.

But Western Union balked when Goddard, saying that smugglers were purposely sending their cash from elsewhere, tried to expand that to cover funds wired from other states into Mexico.

Goddard argued these were linked to criminal activity taking place in Arizona, including smuggling humans and drugs. But the high court said unless Goddard could show the money actually passed through Arizona, such warrants are illegal.

Holmes said, though, that ruling left open other options for his office to take possession of wired funds and force senders or recipients to prove the money is for legitimate purposes.