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2023 Swiss Regulator: Credit Suisse Made ‘Serious Breach’ Of Law

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GENEVA, Switzerland — Swiss regulators have determined that Credit Suisse committed a “serious breach” of law in connection with a now-bankrupt firm linked to Australian financier Lex Greensill and have launched an investigation that could result in penalties for four former bank executives.

FINMA, Switzerland’s financial markets authority, announced Tuesday that it had concluded enforcement proceedings against Credit Suisse that were initiated two years ago after bank partner Greensill Capital went bankrupt. At the time, Credit Suisse closed four funds that were linked to the partnership. About $10 billion was invested in these funds by bank clients.

Credit Suisse’s troubled ties to Greensill Capital were just one of a slew of issues that have resulted in repeated top-management shake-ups and corporate restructurings in recent years. Greensill Capital was also the subject of investigations in the United Kingdom, with allegations that the firm founded by Greensill, a former adviser to former British Prime Minister David Cameron, received lucrative government contracts before going bankrupt.

In Switzerland, FINMA announced that to conclude its investigation, Credit Swiss’s top executives must regularly review about 500 of its most important business relationships and record the responsibilities of about 600 of its highest-ranking employees. The authority also stated that it had opened four enforcement proceedings against former bank executives, whom it did not name.

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FINMA announced that to conclude its investigation, Credit Swiss’s top executives

“FINMA came to the conclusion that Credit Swiss Group seriously broke its supervisory duty over the years by failing to identify, limit, and monitor risks in its business relationship with Lex Greensill,” it said. “FINMA thus concludes that a serious breach of Swiss supervisory law has occurred.”

The authority collaborates with financial institutions, including banks, insurance companies, and the Swiss stock exchange, to ensure proper internal controls and stability. FINMA’s ability to issue penalties is limited, but it does have the authority to revoke business licenses in extreme cases. If more severe penalties or fines are warranted, it is up to prosecutors to pursue them.

In Greensill’s “supply chain finance” model, his company acted as a middleman between businesses and their suppliers, paying invoices that suppliers issued to their customers in exchange for a fee. The claims against those customers were then converted into securities that could be sold. Financial products became far riskier than initially indicated over time.

Credit Suisse “made partly false and overly positive statements” to FINMA about how claims were chosen and the exposure to some debtors, according to FINMA.

Credit Suisse expressed its appreciation for the case’s resolution without naming Greensill. Since March 2021, the Zurich-based bank has taken steps to strengthen governance and control, including dismissing “several managers and employees” in its asset management division, among other things.

 

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SOURCE – (AP)

 

Kiara Grace is a staff writer at VORNews, a reputable online publication. Her writing focuses on technology trends, particularly in the realm of consumer electronics and software. With a keen eye for detail and a knack for breaking down complex topics.

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Nigeria Releases American Crypto Executive After Dropping Money Laundering Case

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Washington — An American cryptocurrency executive who had been detained in Nigeria for the previous eight months has been released after officials there announced they were discontinuing his money laundering trial on health and diplomatic reasons.

According to a statement released Thursday by White House national security adviser Jake Sullivan, Tigran Gambaryan, Binance’s chief of financial crime compliance, was released on humanitarian parole and will return to the United States for medical treatment.

“I am grateful to my Nigerian colleagues and partners for the productive discussions that have resulted in this step and look forward to working closely with them on the many areas of cooperation and collaboration critical to the bilateral partnership between our two countries,” according Sullivan.

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Nigeria Releases American Crypto Executive After Dropping Money Laundering Case

Gambaryan was arrested in February during a business trip to Nigeria, along with Nadeem Anjarwalla, the company’s regional manager in Africa, who escaped custody and is still at large.

Nigerian officials accused Binance, the world’s largest cryptocurrency exchange, and Gambaryan of exploiting the site to launder up to $35 million and manipulate the local naira currency, which they reject.

Nigeria has Africa’s largest crypto economy regarding trade volume, with many citizens using cryptocurrency to protect their wallets from rising inflation and a weakening local currency.

However, as its user base increased and the government attempted to stabilize the currency, officials publicly accused the platform of being used to launder money and fuel terrorism, forcing it to suspend all trading using the local currency on its platform.

R.U. Adaba, a prosecution lawyer with Nigeria’s Economic and Financial Crimes Commission, told the Federal High Court in Abuja on Wednesday that the government was closing the case after “taking into consideration some critical international and diplomatic reasons.”

Binance is still facing charges for tax evasion and operating without a license.

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Nigeria Releases American Crypto Executive After Dropping Money Laundering Case

Gambaryan’s trial has been fraught with controversy, including claims that he and a coworker were unjustly imprisoned and their passports taken. Binance also claimed that Nigerian officials sought money to release him and Anjarwalla.

The Nigerian government refuted the bribery allegations and defended the prosecution as adhering to the rule of law.

Gambaryan’s health deteriorated while his legal proceedings dragged on. The court in Abuja denied him bail twice after a judge determined that he was a flight risk and should remain in the capital’s Kuje jail.

SOURCE | AP

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TD Bank Hit With Record $3 Billion Fine Over Drug Cartel Money Laundering

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TD Bank will pay $3 billion to settle allegations that it failed to adequately supervise money laundering by drug gangs, officials stated Thursday.

The fine includes a $1.3 billion penalty to the US Treasury Department’s Financial Crimes Enforcement Network, which is a bank-record fine. TD also expects to pay $1.8 billion to the US Justice Department and plead guilty to end the US government’s investigation into the bank’s violations of the Bank Secrecy Act and money laundering.

The US Department of Justice claimed in a statement that TD Bank has “long-term, pervasive, and systemic deficiencies” in its transaction monitoring methods. The Wall Street Journal first broke the news late Wednesday.

TD Bank Hit With Record $3 Billion Fine Over Drug Cartel Money Laundering

“By making its services convenient for criminals, it became one,” Attorney General Merrick Garland stated at a press conference on Thursday.

More than 90% of transactions went unmonitored between January 2018 and April 2024, allowing “three money laundering networks to collectively transfer more than $670 million through TD Bank accounts,” according to a judicial complaint.

“I want to be clear, these systemic failures did not just create hypothetical vulnerabilities, but they resulted in actual, material harm to American citizens and communities,” said Deputy Treasury Secretary Wally Adeyemo. “TD Bank, unlike its counterparts, has repeatedly put growth and profit over legal compliance. “The bank facilitated drug trafficking.”

In one case, TD Bank workers collected over $57,000 in gift cards to process more than $470 million in cash deposits from a money laundering network in order to “ensure employees would continue to process their transactions” and not reveal them in necessary reports, according to the DOJ.

In a separate statement, the Office of the Comptroller of the Currency (OCC), a US banking regulator, stated that TD handled hundreds of millions of dollars in transactions that clearly suggested extremely suspicious conduct.

“This is a difficult chapter in our bank’s history,” Bharat Masrani, CEO of TD Bank, stated. “These failures took place on my watch as CEO and I apologize to all our stakeholders.”

“We have taken full responsibility for the failures of our US [anti-money laundering] program and are making the investments, changes and enhancements required to deliver on our commitments,” Masrani told reporters.

TD is stepping up its anti-money laundering surveillance efforts, including the hiring of over 700 new specialists with “experience and qualifications in money laundering prevention, financial crimes, and AML remediation,” as well as the implementation of new processes to “better prevent, detect, and measure financial crime risk,” the bank stated.

FinCEN will monitor the Canadian bank for four years to guarantee compliance with the arrangement.

The US Federal Reserve also penalized TD Bank and ordered that its anti-money laundering compliance division be relocated to the United States.

And, as part of the agreement, the OCC limits TD Bank’s growth in the United States. Although remarkable, the US government’s monitoring and restriction of a bank’s expansion is not uncommon. Wells Fargo was hit with similar growth limits and large penalties for “widespread consumer abuses” in 2018, but has yet to persuade regulators to lift the asset cap. Wells Fargo already revealed that its employees responded to drastically unrealistic sales targets by creating up to 3.5 million bogus accounts.

The severe penalties imposed by regulators on Thursday caught Wall Street off guard. TD Bank’s (TD) US-listed shares fell 6% as investors expect more litigation costs and slower growth.

TD assured that it had sufficient liquidity to pay the penalties and continue operations. In a call with analysts, the bank stated that it expects a one-time charge of $1.5 billion after taxes and will cut 10% of its assets to cover the huge penalties.

TD Bank Hit With Record $3 Billion Fine Over Drug Cartel Money Laundering

“We believe that the market was becoming increasingly comfortable with the idea that there would be no growth restrictions imposed on TD,” wrote John Aiken, analyst at Jefferies, in a note to investors on Thursday. “TD will need to find a new avenue for growth from its traditional reliance on US retail banking.”

Cartel fears
Officials at the Justice and Treasury departments have grown more concerned about Mexican cartels’ use of the US banking system to launder earnings from the sale of fentanyl and other drugs, which kill tens of thousands of Americans each year.

Couriers laundering money for the cartels “are opening accounts in banks big and small here in the US,” a senior Treasury official told CNN in May.

Treasury and IRS authorities began briefing US banks and social media companies earlier this year in an effort to gain a better understanding of how the cartels are exploiting the financial system, CNN reports.

According to the Treasury source, one of the talks’ main topics will be how to leverage intelligence offered by smaller banks that can detect laundering fronts in their communities.

Some critics, including Democratic Massachusetts Senator Elizabeth Warren, said that the punishments were insufficient given the gravity of the allegations.

“Big banks treat government fines as the cost of doing business,” Warren stated in a statement. “This deal absolves irresponsible bank management of the responsibility for allowing TD Bank to be used as a criminal slush fund. The Department of Justice and the Office of the Comptroller of the Currency must do better in implementing our anti-money laundering legislation.”

Last year, TD Bank paid $1.2 billion to settle a lawsuit alleging its role in an infamous $7 billion Ponzi scheme conducted by convicted financier Allen Stanford over a decade ago.

The funds were used to repay victims of the scheme, but the bank denied any wrongdoing.

SOURCE | CNN

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Judge Rules The FTC Can Proceed With Antitrust Lawsuit Against Amazon, Tosses Out Few State Claims

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A federal judge ruled that the Federal Trade Commission can proceed with its blockbuster antitrust lawsuit against Amazon. However, he did give the firm a modest victory by dismissing a few allegations made by states interested in the legal dispute.

The order, granted last week by Judge John H. Chun and unsealed on Monday, is a significant defeat for Amazon, which has attempted for months to have the lawsuit dismissed in court. A trial in the case is scheduled for October 2026.

“We are pleased with the court’s decision and look forward to moving this case forward,” FTC spokesperson Doug Farrar said in a prepared statement. “The ways Amazon illegally maintains its monopolies and the harm they cause—including suppressed competition and higher prices for shoppers and sellers—will be on full display at trial.”

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Judge Rules The FTC Can Proceed With Antitrust Lawsuit Against Amazon, Tosses Out Few State Claims

The FTC and the attorneys general of 18 states, including Puerto Rico, have sued the e-commerce juggernaut, alleging that it is abusing its market position to raise prices on and off its platform, overcharge vendors, and discourage new competitors.

The case, filed in September 2023, is the culmination of a years-long probe of the company’s operations and is one of the most major legal challenges to Amazon in its almost 30-year history.

US authorities and state attorneys general have accused the online retailer of breaking federal and state antitrust and consumer protection laws.

Judge Chun of the United States District Court for the Western District of Washington issued the ruling allowing the federal challenges and many of the state claims to proceed. However, he dismissed some allegations filed by New Jersey, Pennsylvania, Oklahoma, and Maryland under state antitrust or consumer protection statutes.

Amazon, for its part, expressed confidence that it could prove its claim in court as the matter moves forward.

“The ruling at this early stage requires the court to assume that all of the facts asserted in the complaint are accurate. They are not,” Tim Doyle said in a statement, adding that the agency’s case “falsely” alleges people only shop for household products on prominent websites such as Walmart.com, Target.com, Amazon, and eBay.

Judge Rules The FTC Can Proceed With Antitrust Lawsuit Against Amazon, Tosses Out Few State Claims

“Moving forward the FTC will have to prove its claims in court, and we’re confident those claims will not hold up when the FTC has to prove them with evidence,” Doyle said to the press. He also stated that the FTC’s strategy “would make shopping more difficult and costly.”

The FTC is also targeting Meta Platforms for alleged monopolistic actions, while the Department of Justice has sued Apple and Google with some success.

In August, a federal judge declared that Google’s ubiquitous search engine is improperly using its power to impede competition and innovation.

SOURCE | AP

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