Compliance
Swiss Attorney General Starts Criminal Proceedings Vs Falcon Private Bank

Legal authorities in Switzerland have launched criminal proceedings against the bank, following this week's announcement that it has been banned from Singapore for serious failings around corrupt transactions.
Swiss legal authorities have joined in action against Falcon Private
Bank this week, opening criminal proceedings against the
Zurich-headquartered lender regarding transactions connected to
Malaysian state-run fund 1MDB.
The announcement today from the
Office of the Attorney General of Switzerland, based in
Berne, follows this week’s move by the Monetary
Authority of Singapore to revoke Falcon’s banking licence in
Singapore following the discovery of serious lapses in
anti-money laundering controls. The action by MAS comes just over
four months after it took similar action against BSI in
Singapore, part of Switzerland-based BSI, for similar shortcomings.
Prominent figures, including Malaysia’s prime
minister, are accused of using 1MDB to finance personal
spending. The corruption scandal has already seen MAS censure and
fine a number of banks, while authorities in Switzerland have
announced they had frozen bank accounts several months ago. Legal
authorities in Luxembourg and the US are also involved.
“The OAG suspects deficiencies in the internal organisation of
Falcon Private Bank Ltd. It is believed that due to these
deficiencies, the bank was unable to prevent the commission of
the offences currently under investigation in the criminal
proceedings relating to 1MDB,” the Swiss legal body said in a
statement.
The OAG said Swiss law allows prosecution of a legal entity
suspected of “not taking all the reasonable organisational
measures that are required to prevent natural persons from
committing offences, in particular money laundering or corruption
offences”.
As with the case of criminal proceedings brought against BSI Bank
SA on 23 May, the opening of proceedings today against Falcon is
“based on the information revealed by investigations relating to
1MDB and on issues raised in the enforcement decision made by
FINMA [the Swiss regulator] from early October 2016”, the OAG
continued.