Legal
Former Asia Chief At BSI Sues Bank; Malaysia-Linked Probes Continue

Controversy swirling around BSI due to its links to a Malaysian state-run fund took another turn when the former CEO of the bank in Asia sued it over a frozen bonus, a report said.
Problems for BSI stemming
from its involvement with embattled Malaysian state-run fund
1MDB continued as the
bank’s former Asia chief sued the Swiss bank over a frozen bonus,
media reports said.
The case is being launched by Hanspeter Brunner. The lawsuit
claims BSI’s business in Singapore broke bonus agreements and a
separation term, according to documents filed in the Singapore
High Court on 4 July, reported Bloomberg. Brunner
says there is no legal basis for BSI to suspend the payment for
deferred bonuses due last month.
BSI, which is headquartered in Lugano, Switzerland, declined to
comment to WealthBriefing on the matter today. This
publication has also contacted the High Court in the Asian
city-state for a copy of the filing and may update in due
course.
Brunner is among six BSI bankers referred to prosecutors in
Singapore after the Monetary
Authority of Singapore stated that the Singapore business
will lose
its merchant banking licence because of the “the worst case
of control lapses and gross misconduct” in Singapore’s financial
sector. This was the first time the MAS had taken such action
against a bank since 1984. BSI recently appealed against what it
said was harsh commentary about the matter by the Swiss regulator
(see
that story here). BSI is in the process of being
acquired by fellow Swiss private bank EFG International from
Brazil’s BTG Pactual, and one of a number of banks going through,
or having completed, M&A transactions. (See
a story on the matter here.)
One of BSI’s clients in Asia was 1Malaysia Development, or 1MDB,
and which is being probed in a number of jurisdictions, such as
Switzerland, Singapore and Luxembourg, around claims of money
laundering and other financial offences. 1MDB has consistently
denied wrongdoing.
The news report said lawyers acting for Brunner declined to
comment.
Reports said the bank and Brunner “mutually agreed” in September
last year that he would retire from the bank. In March, a
separation agreement laying out his entitled payments, including
deferred bonuses for 2012-2014, was inked and the bank announced
his retirement. Brunner sued after BSI wrote to the 64 year-old
on 24 June, the news service said, saying it would freeze a
payment of S$722,800 ($536,400).
Brunner joined BSI in 2009 from RBS Coutts with about 70
colleagues. Coutts and Brunner became embroiled in lawsuits after
he left the UK-based bank. A settlement was eventually reached,
Singapore court records were quoted as showing.