On July 30, 2019, the US Court of Appeals for the DC Circuit unanimously upheld a district court order requiring three unnamed Chinese banks to produce financial records subpoenaed by US federal prosecutors. Although the US government does not currently suspect that the subpoenaed banks took part in wrongdoing, the banks were allegedly used by […]

What has happened? On 8 July 2019, the English High Court handed down judgment in proceedings between N and The Royal Bank of Scotland plc (“RBS“) ([2019] EWHC 1770 (Comm)). Following the conclusion of related proceedings brought by the National Crime Agency (“NCA“), the court was required to consider whether RBS had acted lawfully in freezing […]

When assessing anti-money laundering risk and exposure, global financial institutions should be mindful of the complex landscape and assertions of broad authority by U.S. authorities and banking regulators. U.S. banking regulators, in conjunction with U.S. criminal and civil authorities, have traditionally pursued anti-money laundering and sanctions enforcement cases against multinational banks in relation to conduct […]

This week, Standard Chartered Bank signed a new deferred prosecution agreement and agreed to pay more than $1 billion in fines and forfeitures. This latest scandal evolved because, while the bank negotiated its earlier admission of guilt for intentionally violating sanctions against Iran and other nations, two of its officers on the SALES SIDE OF […]

Jersey firms are warned to review their procedures within their businesses relating to probate procedures. In the recent case of The Attorney General v Abu Dhabi Commercial Bank PJSC, Jersey Bank, the Royal Court found a bank guilty of committing a criminal offence and fined the bank for not obtaining the necessary authorisation before transferring […]

A MIDDLE-EASTERN bank has been fined £25,000 and ordered to pay £2,805 in compensation after transferring $401,103 from a deceased man’s Jersey account without the correct authorisation. Abu Dhabi Commercial Bank PJSC appeared in the Royal Court on Friday after pleading guilty to the offence of ‘intermeddling’. Crown Advocate Julian Gollop, prosecuting, explained how on […]

The Financial Action Task Force (FATF) has published updated guidance in respect of a risk-based approach for the banking sector. This guidance is intended to assist in the design and implementation of a risk-based approach for the banking sector, taking into account national risk assessments and the national legal and regulatory framework. FATF intends for […]

– End Update 2012 – Fines imposed by the Financial Services Authority (FSA) since 1 January 2012 (through 20 December) have totalled £310 million, more than four times the total for 2011 (see Figure 1). This increase is due to a handful of very large fines, including the £160 million fine against UBS for LIBOR […]