Compliance
UK Regulator To Start AML Case Vs NatWest
No individuals are being charged as part of these proceedings, the FCA said. The bank said it was notified of the probe into the matter in July 2017 and has disclosed that it is investigating its compliance with the rules.
Shares in Natwest
Group were down yesterday afternoon after the UK financial
regulator announced that it had started criminal proceedings
against National Westminster Bank Plc, a subsidiary, relating to
anti-money laundering rules.
The Financial
Conduct Authority said in a statement that it had started
actions against the bank for failing to follow regulations over a
period of almost five years, from 11 November 2011 to 19 November
2016.
NatWest Group’s shares were trading at around 184.95 pence per
share, down by about 1.8 per cent early on Tuesday afternoon from
the open. The broader market was up slightly.
“The case arises from the handling of funds deposited into
accounts operated by a UK incorporated customer of NatWest. The
FCA alleges that increasingly large cash deposits were made into
the customer’s accounts. It is alleged that around £365 million
was paid into the customer’s accounts, of which around £264
million ($366 million) was in cash,” the FCA said. “It is alleged
that NatWest's systems and controls failed to adequately monitor
and scrutinise this activity.”
NatWest is scheduled to appear at Westminster Magistrates’ Court
on 14 April.
AML rules require such a firm to determine, conduct and
demonstrate risk sensitive due diligence and ongoing monitoring
of its relationships with its customers for the purposes of
preventing money laundering.
No individuals are being charged as part of these proceedings,
the FCA said.
The entity involved in the case is a subsidiary of NatWest Group
plc, which rebranded from Royal Bank of Scotland last summer.
NatWest Group is parent of Coutts and Adam & Co.
“Since being notified of this investigation in July 2017, NatWest
Group has disclosed that the FCA was undertaking an investigation
into NatWest Group's compliance with the MLR 2007. NatWest Group
has been co-operating with the FCA's investigation to date,”
NatWest Group said in a statement to the London Stock Exchange
yesterday. “NatWest Group takes extremely seriously its
responsibility to seek to prevent money laundering by third
parties and accordingly has made significant, multi-year
investments in its financial crime systems and controls,” it
said.
Sarah Wallace, a financial services expert at Constantine Law,
said: "Some may say a prosecution from the FCA for alleged
failure to comply with the Money Laundering Regulations (MLR) is
long overdue. Others may say it is using a sledge hammer to crack
a nut. There has been speculation for a long time about whether
the FCA would ever actually prosecute a corporate or individual
for MLR breaches – as opposed to just imposing regulatory fines
and insisting on remediation upgrades to AML compliance and
systems and controls. In this case it is the first criminal
prosecution under the MLR by the FCA and against a bank."