BSI Appealing Swiss Regulator Actions Against it Over 1MDB
23 June 2016 - 9:50PM
Dow Jones News
ZURICH—BSI SA, a Swiss bank embroiled in the legal controversy
surrounding Malaysian state investment fund 1Malaysia Development
Bhd., or 1MDB, said on Thursday that it is appealing "flawed"
actions taken against it by Switzerland's financial regulator.
The Swiss regulator, Finma, issued a sternly-worded statement in
May, saying that BSI had committed "serious" breaches of money
laundering regulations in its dealings with the Malaysian fund,
1MDB, and had executed a number of large transactions for the fund
"despite clearly suspicious indications." Finma ordered BSI to pay
95 million Swiss francs ($99 million) in profits tied to its
business with 1MDB to Switzerland's public coffers.
Finma also said it was starting enforcement proceedings against
two unidentified former managers at the Lugano-based bank.
On Thursday, BSI said Finma's communication about actions taken
against the bank "has severely harmed the reputation of the bank
and its employees." BSI added that it "challenges Finma's
assessment of the facts, and holds that the measures [Finma]
ordered are unlawful and disproportionate."
BSI said it has lodged its appeal with the Swiss Federal
Administrative Court. A BSI spokesman declined to comment further
on what remedies the bank is seeking.
A Finma spokesman said only that its decisions can be challenged
and are subject to judicial review, and declined further
comment.
Finma's action against BSI in May corresponded with related
action taken by authorities in Singapore—which was the locus of
BSI's business with 1MDB, as The Wall Street Journal has previously
reported. Singapore's central bank revoked BSI's local banking
license, and asked prosecutors to investigate some of the bank's
senior employees. BSI said later its local subsidiary continues to
operate normally, adding that its license would only be pulled in
the future as BSI is absorbed by acquirer EFG International.
Finma's action also came alongside an announcement from
Switzerland's Office of the Attorney General that it was opening
criminal proceedings against BSI. The attorney general's office
said its decision was based on evidence it had gathered as part of
its investigation of 1MDB, and on issues raised by Finma.
Investigators gathering evidence about 1MDB in at least seven
countries believe that as much as $6 billion was siphoned from the
fund, which was established several years ago by Malaysian Prime
Minister Najib Razak to spur economic development.
Mr. Najib has denied any wrongdoing, and 1MDB has denied
wrongdoing and said it is cooperating with investigations in
Malaysia and abroad.
Finma has said that BSI failed to adequately monitor its
relationships with clients who had ties to 1MDB and maintained
about 100 accounts at the bank. Much of the money believed to have
been siphoned from 1MDB was funneled through BSI's Singapore
office, according to court records, documents, and people familiar
with probes of the fund, The Wall Street Journal has reported
previously.
Malaysian businessman Jho Low, who had close ties to 1MDB,
opened more than 50 accounts at BSI's Singapore subsidiary,
including 18 separate accounts on a single day in October, 2014,
the Journal has reported. Such accounts held by a so-called
"politically exposed person" with connections to a public
investment fund normally receive close scrutiny from compliance
staff at banks, experts say.
BSI said on Thursday that all of its client relationships
related to 1MDB were closed in early 2015. Since the fall of 2013,
the bank said, it had been "in continuous and transparent contact
with Finma relating to…1MDB and related matters."
"BSI acknowledges certain internal shortcomings in the past,"
the bank said. "Where deficiencies have been recognized, BSI has
taken, and continues to take corrective measures."
Write to John Letzing at john.letzing@wsj.com
(END) Dow Jones Newswires
June 23, 2016 07:35 ET (11:35 GMT)
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