Chinese Bank to Pay $215 Million Penalty to New York Regulator
November 04 2016 - 3:15PM
Dow Jones News
By Christopher M. Matthews
Agricultural Bank of China, one of the country's largest banks,
agreed to pay a $215 million penalty Friday to resolve allegations
by New York's banking regulator that the lender violated
anti-money-laundering laws.
The New York Department of Financial Services accused the bank
of deliberately disguising transactions routed through its New York
office that could have hidden laundering of illicit funds or
violations of U.S. sanctions laws. Officials at the bank obfuscated
U.S.-dollar transactions and failed to update the bank's compliance
controls, the department said in a civil consent order filed
Friday.
Representatives for the bank didn't immediately respond to a
request for comment.
The regulator stopped short of accusing the bank of outright
money laundering, but said that compliance staff at the bank who
discovered unusual transactions, some involving Russian, Chinese
and Middle Eastern companies, were silenced when they tried to
raise concerns. That stymieing caused the bank's chief compliance
officer to resign, according to the department.
Under the terms of the consent order, the bank admitted to the
regulator's allegations.
The settlement is the New York regulator's first with a Chinese
bank and among the most significant it has reached since
Superintendent Maria Vullo was installed to lead the office earlier
this year. The Department regulates all banks chartered in New
York, which includes some of the largest foreign lenders in the
world. It has emerged as an aggressive pursuer of financial crime
since its creation in 2011.
Compliance experts have long warned of money laundering risks at
Chinese banks, which have been slower to adopt the stringent
internal controls installed by Western banks over the last decade,
in part due to aggressive enforcement by U.S. authorities.
In September, the U.S. Federal Reserve ordered Agricultural Bank
of China to address "significant deficiencies" in its money
laundering controls. Another of China's largest lenders, Bank of
China Ltd. was ordered by the U.S. Office of the Comptroller to
address its own money-laundering deficiencies earlier this
year.
The actions by U.S. regulators follow a lawsuit brought this
year against Agricultural Bank of China by the former chief
compliance officer at its New York branch, Natasha Taft, who said
she was forced out of the lender after reporting money laundering
issues to the Federal Reserve Bank of New York in 2014. Ms. Taft,
the only female executive at the branch, also accused the bank of
sexual harassment and discrimination.
In the consent order filed Friday, the Department of Financial
Services said the bank increased its U.S. dollar transactions with
foreign correspondent banks in 2013, even after the regulator
warned the bank it couldn't do so until it bolstered compliance
controls. The regulator also said the bank routinely sent coded
messages on transfers to hide who was involved in the
transactions.
Compliance staff also discovered alarming transactions, the
regulator said, including potentially illegal U.S.-dollar trades
with Iranian counterparties and unusually large, round-sum
transactions involving Russian and Chinese companies.
When the compliance officer, Ms. Taft, reported the coded
transaction messages to bank management in the fall of the 2014,
the regulator said officials told her not to report her findings to
regulators. After Ms. Taft resigned in 2015, much of the bank's
compliance staff also resigned, according to the regulator.
--Nicole Hong contributed to this article.
Write to Christopher M. Matthews at
christopher.matthews@wsj.com
(END) Dow Jones Newswires
November 04, 2016 15:00 ET (19:00 GMT)
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