Thursday 2 May 2013

EFG Private Bank Limited fined £4.2 million by the new Financial Conduct Authority


Just over a month ago the Financial Conduct Authority (FCA) took over the reins from the Financial Services Authority, and practitioners have been waiting with some interest to see what approach the new body will take to regulation.  And first signs are that they will be tough.

On 24th April, the FCA fined EFG Private Bank Ltd £4.2 million for failing to take reasonable care to manage money laundering (AML) risks. The failings were serious and lasted for more than three years.  The fine would have been £6 million had it not been for an early settlement discount of 30% agreed between the bank and the regulator.

The bank is the UK private banking subsidiary of a global private banking group, based in Switzerland, and as such is a gateway for access to the UK banking system. 

The FSA visited the bank in January 2011 as part of a thematic review of how UK banks were managing money laundering risks.  It considered 99 files of customers identified by EFG as being higher risk customers.  Of these, 54 related to Politically Exposed Persons (PEPs). 36 files which had been opened between 15 December 2007 and 25 January 2011 were reviewed and 17 contained due diligence documents which identified significant risks of money laundering, but failed to document what was done to mitigate those risks.  13 of those 17 files contained allegations of criminal activity including corruption and money laundering. The report found that EFG had not put into practice their own AML policies, had not completed adequate due diligence checks or taken appropriate steps to monitor and mitigate the risks identified.
EFG is not the first bank to be fined for inadequate money laundering processes – Coutts, Habib and Turkish Bank (UK) have all faced similar sanctions in 2012.  But the first action taken by the new regulator (albeit based on a review by its predecessor regulator) will send an important signal to the financial community that breaches will be identified and dealt with in a strong manner.


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