Month: June 2022

Why not a single banker was jailed over HSBC’s billion-dollar money laundering scandal

Money Laundering
Ten years after the bank admitted enabling El Chapo’s Mexican drug cartel, the drug lord is serving a life sentence but bankers only faced fines. Whose job is it to police global finance? No senior banker went to jail over 2008; no HSBC banker was charged, let alone went to jail, when the bank admitted in 2012 to enabling the laundering of billions of dollars of drugs money for El Chapo and his Mexican Sinaloa cartel. The reason, as I explain in my new book Too Big to Jail – Inside HSBC, the Mexican drug cartels and the greatest banking…

Londongrad: how the City became a money-laundering haven

Money Laundering
Which key factors have conspired to make the UK capital synonymous with financial crime? Insights outlines the root causes, and ICAEW’s Michelle Giddings highlights emerging vulnerabilities.Since the dawn of Russia’s war with Ukraine, scrutiny has intensified on illicit financial activity conducted in and around the City of London. Rooted primarily in money laundering, the cycle of criminality has earned the UK’s financial hub two damning sobriquets: ‘The Laundromat’ and ‘Londongrad’ – monikers steeped in such blithe resignation, they convey that London’s susceptibility to malign influences is essentially taken for granted. Faith in a medium- or long-term solution is conspicuous by…

Review of the UK’s AML/CFT regulatory and supervisory regime

Money Laundering
The government is publishing two post-implementation reviews and a forward-looking review of the UK’s anti-money laundering and countering the financing of terrorism regime. Review of the UK’s AML/CFT regulatory and supervisory regime Post Implementation Review of the Money Laundering Regulations Post Implementation Review of the OPBAS Regulations Details The government is publishing a forward-looking review of the UK’s AML/CFT regime, in response to the call for evidence launched last year. Alongside this, the government is also publishing two post-implementation reviews to fulfil its statutory obligations; one of the Money Laundering Regulations 2017 and one of the OPBAS Regulations 2017. Taken…

Ex-bank manager sentenced for £255,000 money laundering

Money Laundering
A former Barclays Bank manager has been sentenced today (31 May 2022) for helping to launder £255,000. Heather Smalley, 31, was sentenced to two years’ imprisonment, suspended for two years, for entering an arrangement which facilitated the laundering of another person’s criminal proceeds, at Warwick Crown Court. Smalley had pleaded guilty to this charge on 23 March, at Coventry Magistrates’ Court. Smalley had worked for Barclays Bank for 14 years and was the bank manager at a Coventry branch. On six occasions, between February and October 2020, she arranged to take in bags of low value £10 and £20 notes…

Mining firm Glencore pleads guilty to UK bribery charges

Bribery, Corruption
A British subsidiary of the mining firm Glencore has pleaded guilty in a UK court to corruption offences for the second time in the last two months. It was accused of paying millions of dollars in bribes to secure access to crude oil in several African countries. The Serious Fraud Office (SFO) found that bribes occurred from 2012 to 2016. It found that bribes of over $28m (£22.8m) were paid via the Swiss-based firm’s employees and agents. The bribery charges stated that the firm’s aim was for officials to “perform their functions improperly, or reward them for so doing, by…

UK’s revenue and customs agency begins handing out fines to art market players

Art Dealers, Money Laundering
HMRC, the UK’s revenue and customs agency, has started to hand out fines to art market participants (those handling transactions of €10,000 or above) who failed to register under the new anti-money laundering legislations, by the June 2021 deadline. The list of companies and individuals receiving fines will not be publicly available (via the government’s website) until later this year, but one such penalty notice seen by The Art Newspaper makes it clear that “trading whilst unregistered” was now being pursued as a breach of the regulations. In addition to carrying out increased due diligence, art market participants have been…

U.K. Regulator FCA Fines Ghana International Bank $7.1M for Weak Anti-Money-Laundering Controls

Money Laundering, Prosecutions
The U.K.’s Financial Conduct Authority (FCA) said Thursday that it fined U.K.-based Ghana International Bank PLC about GBP5.8 million (US$7.1 million), for alleged failures in its anti-money-laundering and counter-terrorist-financing controls in relation to its correspondent-banking activities. By using correspondent-banking relationships, banks can gain access to financial services in various jurisdictions and provide cross-border payment services to customers. The regulator said that no money laundering was detected, but that between 2012 and 2016, the bank failed to perform required checks on its established relationships with overseas banks and assess those banks’ anti-money-laundering controls. As a result, the FCA said the risk…

Justice Department Urges Companies to Self-Report Sanctions Violations

Sanctions
The Justice Department is looking to enlist the private sector in its efforts to enforce U.S. sanctions on countries such as Russia, a top official said. The agency has long worked to police the restrictions that the U.S. has placed on countries such as Iran or North Korea, but it has dialed up its efforts following Russia’s invasion of Ukraine, Deputy Attorney General Lisa Monaco said Thursday. The Justice Department is adding resources and looking for new ways to enforce sanctions, said Ms. Monaco, who spoke via video at a conference hosted by Global Investigations Review in London. The agency…

French Woman Violaine Clerc Takes Over as FATF’s New Executive Secretary

FATF, Financial Crime
FRENCH regulator Violaine Clerc was today unveiled as the new FATF Executive Secretary. Ms Clerc comes to the international position with more than 25 years experience in prudential, AML and CFT supervision through positions at the French Central Bank and French financial supervision authority (ACPR). She previously served as a member of the AML standing committee of the three European supervisory authorities, as well as a senior member of the French delegation to FATF. She was co-chair of the Evaluation and Compliance Group of the FATF for eight years. FATF said Ms Clerc takes the lead at an “important time,”…

Publication of the Effectiveness Through Collaboration Paper

Money Laundering, Terrorism, Wolfsberg
Today, the Wolfsberg Group is publishing its paper on Effectiveness through Collaboration. The document expands on a key element of the Wolfsberg Group’s views on developing an effective Anti-Money Laundering/Counter-Terrorism Financing (AML/CTF) programme (The Wolfsberg Factors), which is to engage with the public sector, including law enforcement. The paper specifically focuses on successful engagement through Public-Private Partnerships and is intended to be an introduction to the subject for those who may be less familiar with the principles underpinning these arrangements and the pivotal role that national authorities must play. The Wolfsberg Group urges the public sector to prioritise the establishment…

Credit Suisse Prosecutor Finds $60 Million in Money Laundering

Money Laundering, Prosecutions
A prosecutor has identified more than $60 million that he believes was laundered through Credit Suisse Group AG, in the precursor to what would be just the second Swiss criminal indictment ever against a major local lender. Geneva’s top financial-crime prosecutor, Yves Bertossa, identified a series of 8 transactions the bank failed to prevent between 2008 and 2014 at a hearing last week, which he said constituted aggravated money laundering by the Swiss lender, according to people familiar with the investigation. Patrice Lescaudron, the fraudster at the heart of the case, faked signatures and contrived dummy portfolio statements to illegally…

Sanctions Take Toll on Laundering Tools Used by Ransomware Gangs

Sanctions
U.S. sanctions in recent months have hammered a handful of cryptocurrency services used by ransomware groups, suggesting Washington can effectively target some tools hackers use to convert digital ransom payments into cash. The Treasury Department since last year has sanctioned at least three Russia-based crypto exchanges, as well as a mixing service hackers allegedly used to help launder dirty money, barring U.S. companies from transacting with them. “Sanctions have been catastrophic to their business, severely damaging their operations,” said Jackie Koven, head of cyber threat intelligence at Chainalysis Inc., which analyzes crypto transactions across public ledgers known as blockchains. Ms.…

Deutsche Bank investors can sue in U.S. over Epstein and Russian oligarch ties

Corruption, Money Laundering
NEW YORK (Reuters) -A U.S. judge on Monday said shareholders can sue Deutsche Bank AG for allegedly hiding shortfalls in its internal controls while doing business with risky, ultra-rich clients like the sex offender Jeffrey Epstein and Russian oligarchs. U.S. District Judge Jed Rakoff in Manhattan said shareholders may try to prove in their proposed class action that the German bank was aware its know-your-customer and anti-money laundering controls were ineffective, and that its share price fell as the truth became known. In a 30-page decision, Rakoff said the complaint described specific processes that Deutsche Bank knowingly undermined through an…

Justice Department Secures Forfeiture of Property Purchased with $3.5 Million in Alleged Corruption Proceeds Linked to Ex-President of The Gambia

Corruption, DoJ, Prosecutions
The Department of Justice, pursuant to a court-ordered default judgment and final order of forfeiture entered on May 24, has secured the forfeiture of a Potomac, Maryland, property acquired with approximately $3.5 million in alleged corruption proceeds by the former President Yahya Jammeh of The Gambia, through a trust set up by his wife, Zineb Jammeh. The judgment is the result of a civil forfeiture complaint filed by the United States in July 2020 seeking the forfeiture of the Maryland property. As alleged in the complaint, Yahya Jammeh corruptly obtained millions of dollars through the misappropriation of stolen public funds…

The Crackdown on the Illicit-Finances Aiding Oligarchs

Money Laundering, Sanctions
The United States Department of Treasury has outlined actions it plans to take to address illicit finance, saying Russia’s invasion of Ukraine had underscored the need to close regulatory loopholes and step up the fight against related financial crime and transnational corruption. Major international financial institutions have previously been caught red handed in scandal in banking sanctioned groups and individuals the most historically notable was HSBC Mexico facilitating a money laundering scheme on a grand scale for drug cartels, which resulted in a fine in excess of $2 billion. Most recently, a massive leak outlining Credit Suisse’s less than reputable…

Crypto Exchanges Should Lose Licenses for Laundering Breaches, EU Regulators Say

Digital Currencies, Money Laundering, Regulation
Crypto exchanges should lose their licenses if found to have seriously breached anti-money laundering rules, European Union financial supervisors said. The recommendation comes as lawmakers reach the closing stages of landmark legislation known as the Markets in Crypto Assets Regulation, or MiCA, introducing an authorization regime for virtual asset companies within the 27-nation bloc.Regulatory authorities responsible for authorizing or registering crypto exchanges and wallet providers should “be empowered to withdraw the authorisation/registration for serious breaches of AML/CFT [anti-money laundering and terrorist finance] rules,” said a report published Wednesday by the three European supervisory authorities responsible for overseeing banks, insurers and…

Decision on Lifting EU Sanctions Against Alisher Usmanov and Sisters Expected Soon

Sanctions
European court of justice deciding appeal filed by ‘one of Putin’s favourite oligarchs’ Sanctions imposed on the Russian billionaire Alisher Usmanov and his two sisters could be suspended after a legal challenge at the European court of justice by the businessman once described as one of Vladimir Putin’s “favourite oligarchs”. Usmanov, as well as his sisters Saodat Narzieva and Gulbakhor Ismailova, each filed separate legal appeals in April in an attempt to overturn sanctions that have blocked them from travelling across the EU or making use of assets located in member states, including a $600m (£484m) yacht. The Guardian understands…