Compliance
Danske Eyes Capital Increase Amid Regulator's Scolding Over AML Failings
The Danish bank has been reprimanded by the country's financial regulator following a money laundering scandal in the lender's Estonia operations.
Denmark’s financial regulator yesterday told Danske Bank it needs to
bolster its capital by DKK5 billion ($803 million), and imposed
eight orders and eight reprimands on the lender following a money
laundering scandal at the bank’s Estonian branch.
"Our investigation shows that there have been serious
deficiencies in the bank's governance. The bank acted too late on
information concerning the lack of anti-money laundering measures
and on suspicion of criminal activities of customers, which it
received from sources that include an internal whistle-blower,"
Jesper Berg, director general of the Danish FSA, said in a
statement.
"The bank's governance has not ensured that the problems in
Estonia have been handled in a satisfactory way, including by
reporting suspected crime to the relevant authorities," Berg
said.
Danske Bank has found itself at the epicentre of a money
laundering scandal in the Baltic region, drawing criticism from
its shareholders and executive board. Estonia’s financial
watchdog in February said it would open an investigation into the
lender after media reports claimed it had been aware of money
laundering allegations at its Estonian business as far back as
2013. (As
reported last week, earnings tumbled at the lender.)
Explaining its view that Danske Bank needs to boost its capital
buffer, the FSA said: “The Danish FSA also notes in the decision
that the conduct of Danske Bank's management has damaged the
bank’s reputation.”
The bank said that in addition to the initiatives already taken
in recent years, it will launch further measures to ensure that
it complies with all orders.
“We take the criticism expressed by the FSA very seriously,”
Thomas F Borgen, chief executive, said.
“We agree that we should have understood the depth and scope of
the problems in Estonia at an earlier stage and should have
reacted faster and more forcefully. As the FSA’s decision states,
beginning in 2014, we took a number of initiatives to reduce the
risk and improve controls. But today, it is also clear that we
did too little too slowly. There is unfortunately nothing we can
do to change that. Instead, we need to ensure that it cannot
happen again. That is one of the reasons why we launched thorough
investigations in autumn 2017,” he said.
Danske said the he non-resident portfolio in Estonia, which was
at the centre of the problem, has been closed down. The bank
added it has “invested massively in compliance activities”.
“As the FSA also states, we have strengthened our AML efforts in
recent years,” Borgen said. “Today, Danske Bank has more than 900
employees working to combat financial crime. Our governance and
control functions have been significantly strengthened and we
have made considerable IT investments and have strengthened
competencies in a number of support functions. Today, the
situation is quite different from what it was at the time. So we
believe that we have come a long way towards addressing the
issues covered by the orders. Now we need to work resolutely and
systematically to ensure that we comply with all orders.”
As a result of organisational changes announced in early April,
Danske’s compliance unit reports directly to Borgen, the bank’s
statement continued.
Danske said the FSA’s call for more capital “should be viewed in
light of a total capital ratio of 21.4 per cent at 31 March
2018”.
Danske Bank had concluded that in the period from 2007 to 2015 it
was not sufficiently effective in preventing the branch in
Estonia from potentially being used for money laundering and that
this was due to critical deficiencies in governance and
controls.
Continued investigations are expected to be completed no later
than September this year, Danske said.