Compliance
Regulator Cuts Fine For Miscreant Bank Over 1MDB
One of the banks embroiled in the Malaysia-centred scandal, and kicked out of Singapore as a result, had been forced to disgorge SFr95 million by the Swiss national regulator. That sum has been reduced.
Swiss regulator FINMA
has cut the amount of money it is confiscating from the
1MDB.
Instead of paying SFr95 million ($104.7 million), as originally
ordered, BSI - a business now acquired by Zurich-listed EFG
International – will pay SFr70 million instead, FINMA announced
yesterday.
“In making this reassessment, it considered those income and
costs of the bank that were closely linked to the violations of
supervisory law in business relationships in the context of 1MDB.
FINMA has thus taken into account the new case law on the
disgorgement of profits, including the Federal Administrative
Court’s judgement of November 2019,” the regulator said on its
website.
BSI had contested FINMA’s decision over anti-money laundering
failings in the 1MDB case from the year 2016 before the Federal
Administrative Court. The latter confirmed the serious violations
of supervisory law in its judgement of November 2019, but
rejected one aspect of FINMA’s ruling: the calculation of the
disgorgement of profits. Following the redetermination of the
disgorgement of profits, this case is now closed, the watchdog
said.
FINMA has also concluded all enforcement proceedings against
individuals which were opened following the BSI case.
In a separate statement, EFG International said: "As announced
previously, EFG’s financial results will not be impacted by the
modified disgorgement amount as the final purchase price for
the BSI acquisition accounted for a respective provision,
with the difference now being released for the benefit of
the seller."