28 Nov 2024
Wednesday 10 April 2019 - 16:43
Story Code : 344587

StanChart to pay $1 billion to end probes of Iran business

Bloomberg - Standard Chartered Plc agreed Tuesday to pay more than $1 billion to resolve a long-running investigation into its handling of transactions that violated economic sanctions, a penalty whose severity reflects the London-based lenders repeated violation of U.S. sanctions on Iran.

A bank employee who worked in the United Arab Emirates pleaded guilty to sanctions violations, and an Iranian customer was charged in absentia, the Justice Department said.

As part of the settlement, which also included the U.K.s markets regulator, the banks existing deferred-prosecution agreement with the Justice Department over similar conduct was extended by two years, according to a court filing.

The case against Standard Chartered is unusual in that the bank initially settled with U.S. authorities in 2012, paying $667 million over its handling of transactions involving Iran from 2001 to 2007. While under a two-year deferred-prosecution agreement with the Justice Department, the bank revealed that it conducted other transactions for Iranian clients after the 2007 period that were not uncovered during the earlier investigation

More than four years were added to that deferred-prosecution agreement as investigators scrutinized the bank and whether any individuals should be charged. The authorities examined payments handled by the banks Dubai-based unit for shell companies in the United Arab Emirates that were trading with Iranian counterparts through the bank.

Standard Chartered admitted in the latest settlement that it processed hundreds of millions of dollars in clearing transactions between 2008 and 2014 through its Dubai offices on behalf of Iranian entities as well as clients connected to other countries subject to U.S. sanctions laws. The bank said in February it had reserved $900 million to cover costs of the settlement.

The U.K.s Financial Conduct Authority said its investigation had found a series of shortcomings in the lenders financial crime controls, including one instance when an account was opened in a United Arab Emirates branch for an unidentified consulate with a suitcase containing just over $653,050 in cash in the local currency. The regulator said the bank didnt properly check the source of the money.

Standard Chartered said it accepted full responsibility for the violations of U.S. sanctions and that the issues were related to the actions of two former junior employees who were aware of certain customers Iranian connections and conspired with them to break the law, deceive the group and violate its policies, said the bank in a written statement.

The circumstances that led to todays resolutions are completely unacceptable and not representative of the Standard Chartered that I am proud to lead today, said Bill Winters, group chief executive officer of the bank.

In addition to the Justice Department and the New York bank regulator, U.S. regulators participating in the agreement include the Treasury Departments Office of Foreign Assets Control, the Federal Reserve and the Manhattan district attorneys office.

StanCharts total of $1.06 billion in fines and penalties will be divided among multiple regulators. The Justice Department and the office of Manhattan District Attorney Cyrus Vance Jr. will each receive $292 million. Vances office will forward approximately $284 million of its portion to the city and New York state, a spokesman said.

New Yorks Department of Financial Services will receive $180 million, and the Federal Reserve will get $164 million. The U.K. Financial Conduct Authoritys portion is $133 million. (A $639 million penalty imposed by the Treasury Department will be satisfied by payments to other U.S. agencies.)

The resolution offers a window into the U.S.s approach to enforcement under President Donald Trump. He has reasserted a hard line on Iran, which the administration views as a state sponsor of terrorism and a source of regional instability, scuttling the nuclear agreement struck by the Obama administration and re-imposing the sanctions regime that had been in place before. On Monday, the Trump administration for the first time designated an elite wing of Irans military as a foreign terror organization.

At the same time, Justice Department officials have taken a softer stance on corporate crime, such as crediting companies for fines imposed by other authorities.

The U.S. extended its monitoring oversight of Standard Chartered after the other violations were discovered, saying the bank may have failed to disclose violations that continued after the period covered in the original deal. The Justice Departments continuing investigation found evidence suggesting that the banks Iranian business was more extensive than it admitted, five people familiar with the matter told Bloomberg News in August.

Global financial institutions serve as the first line of defense against money laundering and the financing of terrorist activities, and those that fail to foster a strong compliance culture will be held accountable, Linda Lacewell, the acting superintendent of New Yorks DFS said in a written statement. While Standard Chartered has taken significant remedial measures since 2014 to develop a more robust program to prevent these egregious activities, the time has come for the bank to finish the job.

The monitoring and deferred-prosecution agreements were extended four times overall while authorities investigated the new allegations, weighed the evidence and ultimately began settlement negotiations. The most recent extension, on April 1, was for only 10 additional days, signaling that the case was coming to a close.

The case is U.S. v. Standard Chartered Bank, 1:12-cr-00262, U.S. District Court, District of Columbia (Washington).

(A previous version corrected the dollar conversion for the U.K. penalty in the 10th paragraph.)

With assistance by Ambereen Choudhury, Greg Farrell, and Christian Berthelsen
https://theiranproject.com/vdcaayne049nym1.tgk4.html
Your Name
Your Email Address