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LEHMAN, LEE & XU China Lawyers
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China Banking Lawyers Alert
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November 2012
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The China Law News keeps you on top of business, economic and political events in the China. |
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In the News |
HSBC may see higher fine, criminal charges |
A US fine for anti-money laundering rule breaches could cost HSBC significantly more than US$1.5 billion and is likely to lead to criminal charges, Europe's biggest bank said yesterday. HSBC said the US investigation had damaged the bank's reputation and forced it to set aside a further US$800 million to cover a potential fine for breaches in anti-money laundering controls in Mexico, adding to US$700 million put aside in July. "It could be significantly higher," CEO Stuart Gulliver said on a conference call, saying the latest provision was based on discussions with the various US authorities involved in the probe. The timing of any settlement is in the hands of regulators and is likely to involve the filing of corporate criminal and civil charges, the bank said. A US Senate report in July slammed HSBC for letting clients shift potentially illicit funds from countries such as Mexico, Iran, the Cayman Islands, Saudi Arabia and Syria. HSBC had warned earlier in the year that it could face criminal or civil charges as part of the investigation. The London-based bank has said the issue was "shameful and embarrassing" after the report criticized a "pervasively polluted" culture at the bank and said HSBC's Mexican operations had moved US$7 billion into its US operations between 2007 and 2008. "The report undoubtedly caused considerable reputational damage to HSBC. The extent to which that has resulted in loss of business is hard to measure, but it has undoubtedly damaged our brand," Gulliver said. He said a number of staff had left the firm as a result of the investigation and a number had had pay clawed back. "The money laundering provision is a concern, particularly given the uncertainty on what the final figure might be," said Richard Hunter, head of equities at stockbroker Hargreaves Lansdown. The issue is another blow for the reputation of British banks, after rival Barclays was fined US$450 million in June for rigging Libor interest rates and the industry has had to set aside more than 12 billion pounds (US$19 billion) to compensate UK customers for mis-selling insurance products. Gulliver said it would take time to clean up the mess. "There's a whole series of things that came from probably a decade in the 2000 to 2008-09 period that have surfaced now that the industry needs to sort out, remediate, and make sure doesn't happen again. "It will take a chunk of time to clean the system and then it will take a little bit longer than that for trust to be restored more fully," Gulliver said, adding that it was his job to get HSBC back to a position "where it's regarded as the best of the bunch." |
offers yuan bonds in London |
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