Compliance
Swiss Regulator Sanctions, Fines Coutts $6.5 Million Over AML Lapses Relating To 1MDB
The Swiss Financial Market Supervisory Authority collaborated with the Monetary Authority of Singapore during its year-long investigation into the private bank and its relation to the 1MDB fund, which is currently at the epicentre of worldwide money laundering probes.
A Swiss regulator has fined Coutts SFr6.5 million ($6.57
million) over “serious breaches” of money laundering regulations
relating to the scandal-hit 1Malaysia Development Berhad and is
considering opening enforcement proceedings against the employees
responsible.
The state-owned investment fund 1MDB is currently the subject of
worldwide money laundering investigations in at least six
countries, including the US, Switzerland and Singapore. In recent
months, multiple indictments, penalties and jail sentences have
been handed down to former bankers affiliated with the fund. Last
year, BSI
and Falcon
Private Bank were forced to shut shop in Singapore by
regulators amid the country's biggest crackdown on alleged money
laundering connected to 1MDB.
“Coutts has seriously breached money laundering regulations by
failing to carry out adequate background checks into business
relationships and transactions associated with 1MDB,” the
Swiss Financial Market Supervisory Authority (FINMA) said in a statement. As a
result, the financial watchdog has ordered the private bank to
shell out SFr6.5 million of “unlawfully generated profits”.
FINMA began its year-long investigation into Coutts in early
2016. The enforcement proceedings unveiled “serious deficiencies”
in the bank's anti-money laundering processes for business
relationships and transactions associated with 1MDB as it failed
to clarify the circumstances surrounding numerous large,
high-risk transactions. In total, $2.4 billion of 1MDB-related
assets were transferred through Coutts accounts in Switzerland
between 2003 and 2009, FINMA found.
Between late 2009 and early 2013, “numerous high-risk
transactions” totalling $1.7 billion were processed through a
Coutts account held by a “young Malaysian businessman”, FINMA
said. Although Coutts had “serious ground for suspicion”,
according to FINMA, the bank then opened a further business
relationship with him in 2012. In March of the following
year, $380 million was transferred into the account from an
offshore company, followed by a further $300 million.
Pass-through transactions were then used to transfer the majority
of the funds to another company owned by the
businessman.
Despite the “obviously suspicious nature” of these transactions,
Coutts failed to scrutinise them efficiently and was “content to
make superficial enquiries,” FINMA said.
A number of Coutts employees expressed concerns to their managers
and the bank's compliance unit about its relationship with the
Malaysian businessman. The individual responsible for providing
him with advisory services in Singapore said: “I feel very
uncomfortable with this guy and the transactions that are going
through the account. I think the management has to make a
decision whether to keep this relationship.”
In 2013 and 2014, various compliance bodies operating within the
bank again raised and questioned the relationship. On each
occasion, however, Coutts decided to continue its dealings with
the businessman.
In the course of its investigations, FINMA collaborated with a
number of other regulators - specifically with the Monetary
Authority of Singapore, which has already brought its proceedings
against Coutts to a close - due to the nature of the
cross-border transactions. As the bank belonged to Royal Bank of
Scotland during the period in question, FINMA said it has brought
the case to the attention of the UK's financial regulator, the
Financial Conduct Authority.