Category: Financial Crime
A year on from Credit Suisse’s rescue, banks remain vulnerable
LONDON/ZURICH – A year after the banking crisis that felled Credit Suisse, the authorities are still considering how to fix lenders’ vulnerabilities – including in Switzerland, where the bank’s takeover by rival UBS created a behemoth. The Swiss government-sponsored rescue of Credit Suisse and US bank salvages in March 2023 doused the immediate fires kindled by a run at little-known US regional lender Silicon Valley Bank. But regulators and lawmakers are only starting to address how banks could better withstand…
JPMorgan fined almost $350M for issues with trade surveillance program
JPMorgan is facing nearly $350 million in fines from bank regulators due to issues with its trade surveillance program. The Office of the Comptroller of the Currency said Thursday that it was assessing a $250 million civil penalty against JPMorgan Chase Bank because it found that the company “operated with gaps in trading venue coverage and without adequate data controls required to maintain an effective trade surveillance program.” The OCC said it found that JPMorgan failed to monitor billions of…
Barclays sells credit card debt to Blackstone: Profiting from Poverty
Barclays (BARC.L), opens new tab has agreed to sell about $1.1 billion of credit card debt in the United States to Blackstone. Banks globally have been making greater use of credit risk transfers to shed risk from loan portfolios, Reuters has reported, with investors sharing the risk of losses. (See Corporate home buyouts: homelessness, mortgage & rent crisis rising) Barclays’ investment bank acted as an advisor to Blackstone on the transaction. (Reuters) Blackstone’s investment has been made through insurance accounts managed…
Pentagon Has Opened Over 50 Criminal Probes on US Aid to Ukraine
The Pentagon’s inspector general said its criminal investigators have opened more than 50 cases related to aid provided to Ukraine, including some involving contractors, but have yet to firm up any allegations. The investigations, which are at different stages, are looking at issues including “procurement fraud, product substitution, theft, fraud or corruption, and diversion,” the inspector general, Robert Storch, said in a briefing Thursday. “We have not substantiated any such allegations, though that may well change in the future,” he…
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…