Compliance
Credit Suisse Hits Back At Claims That It Held Criminals' Money
![Credit Suisse Hits Back At Claims That It Held Criminals' Money](https://wealthbriefing.com/cms/images/app/General%20Extra/KeyLocker300x288.jpg)
The Swiss bank said that many of the accounts referred to by a cluster of news organisations had been closed years ago. More than half – 60 per cent – were shut before 2015, and the bank has taken action on a number of fronts. Credit Suisse is now seeking to move on from its losses and problems last year.
(Updates with share price reaction, comment.)
Credit Suisse,
seeking to recover from losses over the past year, reacted
furiously yesterday to a newspaper report claiming that it had
received a “massive leak” supposedly showing that the bank
harboured the wealth of clients involved in crimes including
torture and money laundering.
Yesterday, the Guardian website said details of accounts
linked to 30,000 Credit Suisse clients all over the world are
contained in the leak, which has unmasked the beneficiaries
of more than SFr100 billion ($108.6 billion).
The bank argued that many of the accounts referred to had been
closed years ago. More than half were shut before 2015.
The UK newspaper said “the leak points to widespread failures of
due diligence by Credit Suisse, despite repeated pledges over
decades to weed out dubious clients and illicit funds.” The
newspaper said it is part of a consortium of media outlets given
exclusive access to the data. The trove of banking data was
leaked by an anonymous whistleblower to the German newspaper
Süddeutsche Zeitung. “I believe that Swiss banking
secrecy laws are immoral,” the whistleblower source said in a
statement.
Shares in Credit Suisse were down around 3.6 per cent around
14:00 UK time, at SFr7.99 per share.
Yesterday, the bank said: "Credit Suisse strongly rejects
the allegations and insinuations about the bank’s purported
business practices. The matters presented are predominantly
historical, in some cases dating back as far as the 1940s, and
the accounts of these matters are based on partial, inaccurate,
or selective information taken out of context, resulting in
tendentious interpretations of the bank's business conduct. While
as a matter of law Credit Suisse cannot comment on potential
client relationships, we can confirm that actions have been taken
in line with applicable policies and regulatory requirements at
the relevant times, and that related issues have already been
addressed.
“Following numerous inquiries by the consortium over the last
three weeks, Credit Suisse has reviewed a large volume of
accounts potentially associated with the matters raised.
Approximately 90 per cent of the reviewed accounts are today
closed or were in the process of closure prior to receipt of the
press inquiries, of which over 60 per cent were closed before
2015. Of the remaining active accounts, we are comfortable that
appropriate due diligence, reviews and other control
related-steps were taken in line with our current framework. We
will continue to analyse the matters and take additional steps if
necessary."
The bank said it noted that the consortium of news organisations
referred to a “large number of external sources including those
previously known as well as an alleged leak in their reporting.
We take this latter allegation very seriously and will continue
with our investigations with an internal task force including
specialist external experts. We have robust data protection and
data leakage prevention controls in place to protect our
clients,” it said.
The claims are a blow to Switzerland, still home to trillions of
dollars of cross-border financial flows. Ironically, while it has
suffered the loss of bank secrecy for about a decade – at least
as it relates to foreigners’ accounts – the country’s political
and economic stability continues to keep operating as a prominent
financial centre. Woes in financial hubs such as Hong Kong, for
example, have underscored Switzerland’s advantages.
The reports also come almost a decade after Switzerland signed a
sweeping pact with the US under which dozens of Swiss
financial groups signed
non-prosecution agreements in exchange for paying penalties
for operating secret accounts for wealthy Americans. (See
examples
here.) Swiss banks continue to be hit by controversy,
however. They have locked horns with regulators in countries such
as Singapore (as in the case of two banks, BSI and Falcon Private
Bank, being kicked out of that city-state amid the 1MDB scandal.
See stories
here and
here.) Negative official interest rates in Switzerland, and
rising client expectations and tech spending requirements,
have added to pressures.
The claims about Credit Suisse are damaging as it tries to move
on from losses sustained by the Greensill and Archegos sagas of a
year ago. In 2021 it also settled a case with former senior
banker Iqbal Khan, who left to join UBS, over claims that it had
spied on him. The story appeared more akin to a thriller than the
staid world of private banking. A number of senior figures left
the bank, including CEO Tidjane Thiam.
The bank claimed that the allegations against it “appear to
be a concerted effort to discredit not only the bank but the
Swiss financial marketplace as a whole, which has undergone
significant changes over the last several years.”
“In line with financial market reforms across the sector and in
Switzerland, Credit Suisse has taken a series of significant
additional measures over the last decade, including considerable
further investments in combatting financial crime. Across the
bank, Credit Suisse continues to strengthen its compliance and
control framework and, as we have made clear, our strategy
puts risk management at the very core of our business,” it
said.
Over the past decade or more, regtech firms and banks themselves
have sought to make the business of onboarding clients, and
avoiding falling foul of AML controls, easier to carry out. The
business of ensuring compliance with such rules has become an
industry in itself.
The Guardian report claimed that the individuals
involved in the data leak file include a “human trafficker in the
Philippines, a Hong Kong stock exchange boss jailed for bribery,
a billionaire who ordered the murder of his Lebanese pop star
girlfriend and executives who looted Venezuela’s state oil
company, as well as corrupt politicians from Egypt to
Ukraine.”
“One Vatican-owned account in the data was used to spend €350
million in an allegedly fraudulent investment in London property
that is at the centre of an ongoing criminal trial of several
defendants, including a cardinal,” the newspaper said.
Such leaks have echoes of the Panama Papers, Pandora Papers and
Paradise Papers leaks, handled by the Washington DC-based
International Consortium of Investigative Journalists, of recent
years. Those episodes focused on data extracted – in ways the
consortium has not disclosed – from places such as Panama and the
Bahamas, among others. (In that case, the consortium was careful
to state that the persons whose data was leaked were not
necessarily guilty of a crime. These episodes were discussed by
WealthBriefing
here.)
To see another story about the demise of Swiss bank
secrecy internationally, click
here. Swiss federal regulator FINMA has punished banks for
anti-money laundering lapses,
as reported here. The Federal Tax Administration in
2018 said it had for the first time exchanged financial
account data at the end of September under global standards
designed to foil tax dodgers. About 7,000 banks, trusts,
insurers and other financial institutions registered with the FTA
to collect data on millions of accounts and send them on the
Swiss tax agency.
Lessons and reactions
Donald Gillies, Head of PassFort, a Moody's Analytics firm that
looks at issues such as client onboarding, said: “For financial
institutions as large as Credit Suisse, KYC procedures are of
such a scale that errors are bound to happen. We’re demanding
compliance professionals to constantly be perfect, a wholly
unrealistic goal to ask of an individual, which is bound to lead
to these nefarious people successfully onboarding into financial
institutions. Individuals cannot take responsibility in silos and
technology has to play a role in managing and monitoring
activity.
“The goal here, however, is not merely to improve KYC procedures, but to stop financial crime wherever possible. Without their finance being legitimised by institutions without the right checks in place, the likes of human traffickers and corrupt politicians will find it increasingly difficult to get away with their crimes," Gillies said.