Compliance
HSBC Pays More Than $350 Million To Settle Probe At Swiss PB

A source close to the process at the Swiss private banking arm of HSBC talked to this publication about how and why the breach happened.
HSBC will pay €300
million ($353 million) to terminate a long-running probe into its
Swiss private bank which found it had helped French clients evade
taxes.
The French government's investigation found that “numerous”
French taxpayers had not declared to tax authorities assets
booked at HSBC's Swiss private bank, which had also provided
services “to conceal their assets,” the lender said earlier this
week in a statement.
“HSBC is pleased to resolve this legacy investigation which
relates to conduct that took place many years ago,” the bank
said.
The agreement is the first under a French system introduced last
year allowing companies to settle without any finding of guilt,
HSBC said, adding that the investigation “has been
dismissed”.
The case dates back nearly 10 years when Herve Falciani, a former
IT employee at the bank, in 2008 leaked client data that has
since triggered investigations in several countries.
Falciani has said he is a whistleblower looking to help
governments track down those who used Swiss accounts to sidestep
taxes. In 2015, a Swiss court sentenced him to five years in
prison for industrial espionage following a trial he did not
attend.
A different world
Governments globally are clamping down on tax evasion in a bid to
cool public anger at the idea that the world's wealthiest people
may not be paying their full due.
Switzerland was once renowned as a safe-haven for secret assets
because its Banking Act, introduced in 1934, made it illegal
for a native bank to reveal details of account holders. But
in 2015, the Alpine State inked a deal with the European Union to
align Swiss banking practices with those of the bloc, in effect
ending the secrecy that EU-resident clients of Swiss banks had
enjoyed in the past. Under the arrangement, Switzerland and EU
countries will automatically exchange information on the
financial accounts of each other's residents from next year.
HSBC was operating in a “different era” a decade ago, and it was
for this reason it was caught in authorities' cross-hairs, a
source close to the process at its Swiss private bank told this
publication.
“This was a period when the bank operated completely differently
today,” they said. “This stemmed from a data theft more than 10
years ago, when secrecy laws were still around. [HSBC] has done a
lot to simply its model, it has learned lessons from the past. It
is not the same bank it once was.”
The source, who asked to remain anonymous, explained that at the
time of the breach, HSBC's Swiss private bank was serving more
than 150 markets outside of Switzerland, but now focuses on just
20 “priority” jurisdictions. The unit is “very much” geared
toward high net worth clients, and the threshold to open an
account is $5 million.
In its statement, HSBC said the settlement “notes the significant
repositioning” of its Swiss private bank since the incident.
This has included “refocusing and reducing” its client base,
reinforcing its compliance function, and employing “enhanced
global policies on tax compliance”, the lender noted.
HSBC is not the only lender to have felt the heat turned up by
authorities at its Swiss banking arm, though.
Rival UBS, the world's largest wealth manager, is yet to agree on
a settlement in a similar case in France and now faces trial
following a probe into allegations it assisted its wealthy
clients in evading taxes.
In 2015, Royal Bank of Scotland was forced to shell out €23.8
million to German prosecutors to settle an investigation into the
Swiss arm of its private bank, Coutts. The same year, RBS sold
Coutts' Swiss operation to Union Bancaire Privée following
revelations of the probe.