Category: Financial Crime

Morgan Stanley and exec Pawan Passi avoid criminal misconduct prosecution for the price of $249 million

Morgan Stanley will pay $249 million to settle a criminal investigation, as well as a related Securities and Exchange Commission probe. The SEC said the bank generated more than $100 million in illicit profits as a result of misconduct by Pawan Passi, the bank’s former head of its US equity syndicate desk, and another employee.  Morgan Stanley has been under investigation by the SEC since 2019 over its handling of block trades (a business that the bank dominates), and the…

SEC ‘deeply regrets’ its ‘errors and lapses in judgment’ in crypto case

Attorneys for the Securities and Exchange Commission apologized to a judge on Thursday for misrepresenting facts used to secure a restraining order and asset freeze against a crypto firm. In a filing submitted to the U.S. District Court of Utah, in response to the judge’s order to show cause for its misstep, the SEC attorneys wrote that the commission “deeply regrets these orders” and promised to conduct mandatory training for staff members involved in the investigation. “I fully appreciate the…

Credit Suisse handed $3.9m penalty by MAS for relationship managers’ misconduct

SINGAPORE – The Monetary Authority of Singapore (MAS) has imposed a $3.9 million civil penalty on Credit Suisse for its failure to prevent or detect misconduct by relationship managers (RMs) in its Singapore branch. Credit Suisse paid the penalty to the regulator immediately after it was imposed, and as part of the settlement, also separately compensated its affected clients, said MAS in a statement on Dec 28. The RMs had provided clients with inaccurate or incomplete post-trade disclosures, resulting in…

Latvia’s ex-central bank chief sentenced to 6 years’ jail for corruption

Latvia’s former central bank governor was sentenced to six years in prison for bribery on Wednesday after a trial over the most prominent of a series of recent financial scandals to hit the Baltic country. Ilmārs Rimšēvičs, head of the Latvian central bank from 2001 until 2019, was found guilty by the Riga district court of accepting bribes and a fishing trip to Russia from shareholders of a now defunct bank. He was sentenced to six years in jail and…

South Korea said to seek fines on HSBC, BNP for naked short selling

SEOUL – South Korea’s financial watchdog has recommended imposing a fine of at least 10 billion won (S$10.24 million) each on HSBC Holdings and BNP Paribas for so-called naked short selling, which is considered illegal in the country, according to two people familiar with the matter.  The nation’s Financial Supervisory Service (FSS) made the recommendation to the Securities and Futures Commission under regulator Financial Services Commission (FSC), said the people, who requested anonymity discussing private matters.  Naked short selling is…

Trends in French White Collar Crime

France’s Sapin II Law was created in 2016 to address corporate corruption and implement antibribery measures. The legislation took effect in 2017, marking a significant shift in the country’s regulatory compliance landscape. The law, which tracks closely with similar laws in the US, UK, and other EU countries, requires large companies [1] to implement a robust compliance program, including anti-corruption policies, monitoring procedures, and accounting controls.  The law also significantly changes the government’s prosecution strategies for white collar crime, particularly…

Fortnite maker Epic Games wins antitrust case against Google

A U.S. federal court jury has decided that Google’s Android app store has been protected by anti-competitive barriers that have damaged smartphone consumers and software developers, dealing a blow to a major pillar of a technology empire. The unanimous verdict reached Monday came after just three hours of deliberation following a four-week trial revolving around a lucrative payment system within Google’s Play Store. The store is the main place where hundreds of millions of people around the world download and…

UK fines 123 offshore companies for transparency law breach

Britain has issued more than 120 financial penalties to offshore companies that have failed to comply with transparency legislation designed to uncover illicit wealth hidden in the UK property market. The Register of Overseas Entities was created after Russia’s invasion of Ukraine to help the UK government crack down on oligarchs and other kleptocrats. Individuals that own British property through offshore vehicles had until the end of January 2023 to register such entities and publicly reveal their ownership at Companies…

Mercer to pay $12 million penalty for misleading representations and fee disclosure failures

Mercer Financial Advice has been ordered by the Federal Court to pay a $12 million penalty for breaching fee disclosure obligations and for wrongly charging fees to customers, ASIC has reported. “This is a significant penalty for a financial advice provider,” said Sarah Court (pictured above), ASIC deputy chair. “Mercer failed in its obligation to provide fee disclosure statements to clients, provided misleading information in the disclosure statements it did provide, and charged its clients fees for services it was…

US audit inspectors unveil $7.9mn fines on China-based firms

WASHINGTON: US inspectors announced fines against China-based firms Thursday, as part of a broader effort to hold US-listed Chinese companies up to American auditing standards amid simmering geopolitical tensions. These included PwC affiliates in Hong Kong and China, alongside a Chinese audit company. The $7.9 million in penalties unveiled by the Public Company Accounting Oversight Board (PCAOB) represent some of the highest imposed on any firm globally, it said. They mark the first time it “has been able to bring enforcement action…

China investors face tens of billions in losses over shadow bank Zhongzhi Enterprise Group

  As China’s embattled shadow banking giant Zhongzhi Enterprise Group faces a criminal probe, lawyers and analysts are assessing the damage to investors. One estimate puts that at about US$56 billion (S$74.9 billion). More than three quarters of investor cash would be lost, with just 100 billion yuan (S$18.7 billion) being recovered from debt of as much as 460 billion yuan, according to one scenario outlined by Mr Ying Yue, a lawyer at Leaqual Law Firm in Shanghai. He expects…

Canada: Class action against Dye & Durham over price hikes, broken promises dismissed

An Ontario justice has thrown out a proposed $200-million class action lawsuit against legal software provider Dye & Durham Ltd. DND-T over price hikes and broken promises by the Toronto software company. Ontario Superior Court Justice Edward Morgan last month dismissed the action brought by real estate law firms and D&D clients Burford Law Professional Corp. and Tais Davis. D&D spokesman Wojtek Dabrowski said in an e-mail: “We are pleased with this outcome and glad to put this meritless lawsuit…

Cyprus lit up with oligarch transactions after Russia invaded Ukraine -leaks

With Russian tanks and troops descending on Ukraine in early 2022, Cyprus became a hotbed of financial activity. The island country has long been known as an offshore transit point for the fortunes of Russian billionaires, and as sanctions loomed over many of them last year, Cyprus financial services firms fielded a series of urgent demands to transfer funds and shareholdings, newly revealed records show. In one case, documents show that two Russian billionaires, Alexander Abramov and Alexander Frolov, needed…

A Chinese man is extradited from Morocco to face embezzlement charges in Shanghai

BEIJING: A Chinese man wanted for allegedly embezzling millions of yuan (hundreds of thousands of dollars) from his company and then fleeing to Morocco was extraditedback to China on Saturday, the Ministry of Public Security said. The man, a financial executive at the company, used passwords for its bank accounts to transfer money to his personal account, the ministry said in a statement.It didn’t name the company but said that Shanghai police filed a case against the man in February…

Recent Discover Lawsuits Provide Compliance Lessons (Mannacio v. Discover Financial Services, et al., 23-cv-06788)

In September, a class action lawsuit (Mannacio v. Discover Financial Services, et al., No. 23-cv-06788 (N.D. Ill.)) was filed against Discover Financial Services (“Discover”) alleging Discover and certain current and/or former executives violated the Securities Exchange Act of 1934. Specifically, the class action complaint alleged that the defendants made false and/or misleading statements and/or failed to disclose that: (i) Discover maintained deficient risk management and compliance procedures; (ii) as a result, Discover, among other things, failed to comply with applicable…

Guernsey firm alleges fraud by Thomas Flohr before he launched VistaJet, case not dismissed

Thomas Flohr, owner of luxury airline VistaJet, must fight a claim that he defrauded a Guernsey investment partnership two decades ago after London’s High Court refused to dismiss the case.  Flohr, who denies the allegations, had tried to have the case thrown out on technical grounds related to the circumstances of the case, in which a previously dissolved partnership was resurrected in 2021 in order to file the suit.  Frontiers Capital initially sued for breach of contract in 2021 but…