Compliance
Scandal-Hit CBA Admits Losing Almost 20 Million Client Records

The CBA sought to assure clients that there was no evidence it found of suspicious activity.
Commonwealth Bank of Australia, the lender that is under
fire for compliance failings, has added to its woes by confirming
it lost 19.8 million accounts and chose not to immediately tell
clients. The case also highlights continued problems in the
country’s financial services sector.
There is no evidence client data has been compromised or of
suspicious activity taking place since an “incident” in 2016, CBA
said in a statement late last week, adding that its monitoring of
accounts showed clients did not need to act.
There had been a report of an incident where the bank could not
confirm the scheduled destruction by a supplier of two magnetic
tapes containing historical customer statements. The tapes
contained customer names, addresses, account numbers and
transaction details from 2000 to early 2016. The tapes did not
contain passwords, PINs or other data which could be used to
enable account fraud, CBA said.
The announcement adds to troubles for Australia’s banking system
following findings of compliance lapses and misconduct arising
from a judicial inquiry. Regulators have told CBA to keep an
additional A$1 billion ($750 million) in cash reserves because of
alleged AML breaches, which the bank contests. A number of
high-ranking managers are, or have, left CBA. (See
details here.)
Last August, Austrac (Australian Transaction Reports and Analysis
Centre) started legal action against CBA, linked to claims that
the lender breached AML and counter-terrorism financing controls.
CBA said it has provided A$375 million for a civil penalty based
on latest information and advice. In a separate case, CBA has
provided $200 million for expected costs of regulatory,
compliance and related matters, it said. In January this year,
CBA faced fresh woes, with Australia’s national financial
regulator, ASIC, saying it had started legal proceedings against
the bank for “unconscionable conduct” and rate rigging, adding to
actions authorities have taken against other banks in the
country.
Explaining the latest issue, CBA said: “The 2016 incident was not
cyber-related and there has been no compromise of CBA’s
technology platforms, systems, services, apps or websites.”
“The Office of the Australian Information Commissioner and the
Australian Prudential Regulation Authority (APRA) were both
notified of the incident and a briefing was provided on the
results of the investigation. The decision not to notify
customers was made in light of the investigations findings and
the account monitoring in place. An independent forensic
investigation was conducted, recommendations were made and acted
upon to ensure a similar incident would not happen again,” it
said.
Acting Group Executive Retail Banking Services Angus Sullivan
defended the bank’s decision not to immediately tell clients of
the lost data: “We concluded, given the results of the
investigation, that we would not alert customers. We discussed
this course of action with the OAIC who subsequently advised that
it did not intend to take any further action in relation to the
matter. We have however been contacted by the OAIC this week for
additional information about this matter and the actions CBA
undertook in 2016.”
Scandals
Australia’s banking and wider financial industry has been
hammered by a series of scandals, with details emerging from a
recent royal commission probe into the sector. The chief
executive of Australia’s largest wealth manager, AMP, for
example, recently resigned after a probe revealed his firm had
engaged in widespread misconduct. Craig Meller, who had held the
position since 2014, stepped down. The revelations were
concurrent with practices at ANZ, which earlier in April was
ordered to pay A$3 million and submit regular reviews of its
systems and processes after billing thousands of wealth
management clients for services they didn’t receive.
The Australian Securities and Investments Commission has been hot
on the heels of crooked advisors. Since launching its wealth
management project in October 2014, the watchdog has banned 45
advisors and one director from the industry.
Day by day, the Royal Commission, which began in February and is
expected to last around a year, is unearthing more malpractice in
Australia.
(Editor's note: Various Australian regulators, and now the Royal Commission, have unearthed examples of widespread wrongdoing and incompetence in the financial services industry, including wealth management. While it is the case that some of the matters are still contested, already there is considerable hard evidence of a sector that needs massive reform. A key point is that Australia, with features such as compulsory saving for retirement, is sometimes held up as a model to emulate, as this writer remembers when the issue of low retail savings was addressed in the UK in the early Noughties. Some Australian banks, such as ANZ, and investment firms, such as AMP, have international reach. It is therefore crucial that sharp remedial action is taken to prevent Australia's reputation suffering lasting damage.)