Compliance
Switzerland To Probe JP Morgan Over AML Failings

While Swiss banks have felt the pinch of US pressure on secret accounts in the past, it is the turn of a prominent American bank to take heat from the Alpine state's regulator.
Switzerland’s regulator is carrying out an “in-depth” probe of
JP Morgan after
enforcement proceedings against the bank in the Alpine state
concluded it “seriously breached anti-money laundering
regulations” linked to payments from scandal-hit Malaysian state
fund 1MDB.
FINMA said it is tackling a total of seven cases against banks
linked to the 1MDB affair, which has already seen the Singaporean
financial regulator, the Monetary
Authority of Singapore, kick out BSI and Falcon Private
Bank from the Asian city-state.
However, unlike other 1MDB cases, FINMA said it will not start
enforcement proceedings against any individuals based on the
outcome of its investigation. Additionally, no monetary penalties
or business restrictions have been imposed on JP Morgan, which
displayed good cooperation during the FINMA-led
investigation.
JP Morgan failed to adequately identify the increased money
laundering risks in some of the business relationships related to
this case. In other relationships, while the bank correctly
identified the clients as politically exposed persons (PEPs), it
managed the increased risks arising from these relationships
inadequately,” FINMA said today on its website.
The case, as shown by a survey
also reported today on this news service, highlights how the
fight against illicit money remains a major compliance headache
for the private banking industry around the world. The 1MDB saga
has brought some strange twists, even
drawing Hollywood film The Wolf of Wall Street into
its net.
“In managing these business relationships, the bank accepted
incomplete or inconsistent information from clients without
examining it further or documenting it. The bank’s internal
monitoring and control system in place at the time also proved
insufficient: some system-generated alerts warning of heightened
risks were ignored or the information provided by clients was
accepted as plausible without further clarification,” the
statement continued.
The Swiss Financial Market Supervisory Authority, to use the
watchdog’s full name, concluded enforcement proceedings against
JP Morgan (Switzerland) Ltd.
FINMA’s ruling, which has not been appealed, is final and
binding, the statement said.
Setting out the details, FINMA said the bank failed in particular
to identify the money laundering risks relating to cash flows
between business accounts and personal accounts. In one case, it
credited hundreds of millions of US dollars from the 1MDB
sovereign wealth fund, allegedly earmarked for the purchase of a
company, to the personal account of an individual with close ties
to a 1MDB business partner. It subsequently transferred a tranche
of this money to the account of a company associated with that
individual. In doing so, the bank questioned neither the economic
purpose of the transactions, the procedure involved, nor the
substantial amount that remained in the personal account.
Review
FINMA said it has appointed a monitor to carry out an on-site
review of the appropriateness and functioning of the bank's
controls and monitor them on an ongoing basis. This review
focuses primarily on the handling of high-risk transactions
including, in particular, the monitoring of transactions between
personal and business accounts. FINMA has also brought this case
to the attention of the Office of the Comptroller of the Currency
(OCC), the US regulator with overall responsibility for JP
Morgan.
The regulator added that among the total of seven cases it is
following, one of them “remains open”, but it did not specify the
names of the other institutions.