Standard Chartered agrees $340m settlement with US regulator over Iran

Chief executive Peter Sands under pressure after bank agrees to pay fine levied by New York department of financial services

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Standard Chartered chief executive Peter Sands
Standard Chartered chief Peter Sands has been on the board for most of the period in question. Photograph: Alessandro Della Bella/EPA

Standard Chartered has fended off threats by a New York regulator to revoke its banking licence for alleged breaches of US sanctions. Chief executive Peter Sands is however under intense pressure after the bank agreed to pay $340m (£220m) despite insisting that it had committed only minor breaches of the rules.

Barely 24 hours before the bank was due to attend a hearing with the New York department of financial services (DFS), the regulator announced the surprise settlementwhich also includes the installation a monitor for at least two years to evaluate the bank's risk controls. Inspectors from the DFS will be installed at the bank's office in New York and the bank will "permanently install personnel" in New York solely to ensure that it adheres to money laundering laws.

Benjamin Lawsky, head of the DFS, who stunned Standard Chartered last week with damning allegations of sanctions breaches, had summoned the bank to appear at a hearing in New York at 10am local time on Wednesday. But the showdown was adjourned following the settlement, which was announced after the London market had closed.

Lawsky claims that Standard Chartered schemed to hide 60,000 transactions valued at about $250bn (£160bn) which breached sanctions with Iran. Sands admitted to only 300 breaches, with a much smaller value of about $14m.

Lawsky had said that he could withdraw the bank's licence but has now dropped the threat, which analysts said could protect the share price on Wednesday. However, his statement announcing the settlement insisted that both sides had agreed that the "conduct at issue" covered $250bn – the full amount of his original order.

The fine is considerably larger than the $5m that the bank had argued its breaches should merit – although it may still rise as the DFS is only one of a number of authorities which has been investigating possible breaches. These include the Department of Justice and the Office of Foreign Assets Control (Ofac). Standard Chartered has admitted since 2010 that it has been discussing potential sanctions breaches.

But the bank was unprepared for the decision by the DFS to publish its allegations while Sands was on holiday with his family. Investors' fears that it could be stripped of its New York licence and possible resignations at the top of the bank sliced almost 25% off the bank's share price. The shares have been recovering, ending on Tuesday at £13.70, nearly 3% higher, but still below the £16 levels from last week.

A Standard Chartered spokesman told Reuters last night the settlement was "a pragmatic decision in the best interest of shareholders and customers".

The loss of its banking licence would be more damaging than the fine, although Sands on Tuesday told the Business Standard paper in India – where the bank has a high street banking operation – that he did not believe the bank would be stripped of its ability to conduct business directly in the US.

"We hope we do not lose our licence, we don't believe we should lose our licence and we don't believe we will," Sands said, adding that the bank was planning for all possible outcomes.

Ian Gordon, banks analyst at Investec, said: "It has taken the nuclear option off the table and suggests the total settlement will be manageable."

Sands joined the bank as finance director in 2002 so has been on the board through most of the 2001-07 period covered by the allegations. He was appointed chief executive in November 2006, when he was replaced as finance director by Richard Meddings, who joined the bank four years earlier and was previously head of risk.

Meddings is the executive who, Lawsky claimed, made a remark to a US-based Standard Chartered executive about "fucking Americans" when warned about the potential breaches of sanctions. Standard Chartered insists that the remarks are inaccurate.

Lawsky also hit out against accountants Deloitte, which he said had drafted a "watered-down version" of a report on the potential Iranian sanction breaches for Standard Chartered.

Joe Echevarria, chief executive of Deloitte, told Reuters that the allegations were "distortions of the facts". "It's an unfortunate choice of words that was pulled out of context," he said.

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  • suivolentis

    14 August 2012 10:08PM

    This is just the beginning for Stanchart.....by agreeing to pay a fine so quickly after last week's defiance suggests there is substance to the charges. If so, the wost is yet to come - every Federal outfit up to and including the DOJ will be after them, an then there will be the class action suits. Death of a thousand cuts.

  • infinitesadness

    15 August 2012 4:09PM

    The worst is yet to come? Lets hope that they start suing all these AMERICAN banks who knew they were dealing in all these so called laundered USD$. But I don't think that is about to happen, Chase Manhattan was taking hundreds of millions of USD when I was laundering money for the Iranian Banks for nearly 5 years. You won't see Americans suing their own!!!!!

  • Justthefactsman

    15 August 2012 4:11PM

    Opinion, base on personal observation.

    This shows the utter stupidity of treating corporations as if they were persons.
    The corporation is punished for the offence, not the actual planners and perpertrators.
    Think about this if you will, the corporation kills someone unlawfully.
    How do you punish the corporation ?
    Any fine imposed upon a corporation is ultimately regarded as the 'cost of doing business", by the sociopathic decision makers.
    Corporation law should be changed to make the decision makers directly responsible for the actions that they endorse and promote.
    The present situation allows the sociapaths to make decisions that benefit them and no one else, not the shareholders, the public or the other employees.
    Over the past two decades, as an investor, I would say that there is ample evidence that most companies are managed mainly for the benefit of the sociopaths of the upper echolon management.

  • nocolours

    15 August 2012 5:06PM

    This is just the beginning for Stanchart.....by agreeing to pay a fine so quickly after last week's defiance suggests there is substance to the charges. If so, the wost is yet to come - every Federal outfit up to and including the DOJ will be after them, an then there will be the class action suits. Death of a thousand cuts

    Wrong it is sheer pragmatism. They have been blackmailed by the regulator and had to pay up. However anyone with a brain can see you cannot give a rogue institution a banking licence. The democrat poodle is on a road to nowhere. His own will ditch him as soon as the UK and EU politicians hint the next Chinese query over the reserve currency will be received better by EU citizens. Who have seen billions conned by the yanks.

  • tcfox123

    15 August 2012 5:13PM

    From a US regulatory view don't expect any other agency to take action on this issue. From a US viewpoint it is not thefine that is most important, it is the actions that Standard Chartered has agreed to take to make sure that money laundering does not occur in the US. However their is an elephant in the room. US operations comprise only a part of the bank's operations. The underlying problem has been with the bank's culture. As this pervades all of the bank's operations what else could be going on? I think that is time for the Bank of England to get it's act togethere and begin it's own investigation.

  • infinitesadness

    15 August 2012 5:43PM

    I think its time Chase Manhattan gets it act together, along with a few other US Banks, they forwarded the proceeds of all this laundered money. CIA said they knew all the bank accounts of Iran anyway. It is stupid to assume this one can be pinned on the Bank of England who couldn't organize an orgy in a brothel. It was the international banking regulations that can be blamed. All MT202 banking transactions to help forward these proceeds to other banks without naming 1)the original source and 2) the names of all Iranian companies involved are to blame. It took years before the international banking institutions finally clamped down on these dodgy MT202's. So blame the US for processing them, not Europe of London. I can name many European Banks including Swiss and London that were using this method of so called laundering and the USA was very very very willing to process them. Or are you really telling me that Americans are so stupid that they just found out!!!

  • tcfox123

    15 August 2012 5:54PM

    While I do not like the term sociopath, I do agree that individual responsibility for the actions taken has not been punished. Everyone responsible will still be getting bonuses. No individual fines will be levied. No cease and desist orders will be issued against bank management. People will complain about the bad US regulators, but no shareholders will step up to the plate and accept their responsibility. If executive management and the board do something wrong, they are working for you, so you should fire them or at least reduce bonuses.

  • tcfox123

    15 August 2012 6:17PM

    I agree that we have a corrupt, unethical system. I don't see how the CIA can know all of Iran's bank account - they can know what they know - but does not mean that they know everything. I don't think it would be fair to pin everything on the Bank of England, but they are the lead regulator and should be coordinating international regulatory activity. In most cases they would be receiving the reports from other regulatory agencies. In this case, one NY agency acted without even talking to other US agencies.

    Are the US regulators stupid? Not really. We have a Congress that already says that we are overregulated and will not provide the regulators with the resources to enforce the regulations we do have. We probably have more banks in the USA than the rest of the world combined. Since 1990 the number of banks have been reduced from 12,000 to only about 7,000. Any of our top ten banks have more assets than many countries. And to make the regulatory job even harder we have 12 Federal reserve agencies, agencies responsible for each State, multiple Federal agencies that oversee money laundering, Federal agencies that only responsible for overviewing international activity and Agencies that are only responsible for overviewing domestic activity. And no agency responsible for overseeing our regulatory herd of cats.

    In contrast the UK will soon have only a few agencies responsible for overseeing banking, and in comparison to the number of US banks, have only a tiny number of banks to oversee.

  • infinitesadness

    15 August 2012 6:24PM

    The other thing that also needs to be mentioned is that the reasons the US have done nothing until now, is that it is not making any more money from the fore-mentioned laundered transactions. Best way to claw back lost commissions is to sue. You double your money that way. Money doesn't smell, it travels millions of miles at the flick of a button, but it always leaves an electronic trace. Who is going to prove a bank did or didn't know who was the originator and the recipient of an MT202 to anonymous accounts when profits are to be made ?
    Forensic accountants will take forever to find out and even if they do find out, how will they prove the banks knew who owned these anonymous accounts? We can assume that as the US passed on all this laundered money back to us remained complicit in the transaction, they too never questioned the anonymous accounts. The fact that they have done nothing till now is laughable...........and how are we to stop Iranian oil reaching Russian and Chinese soil?

  • infinitesadness

    15 August 2012 6:42PM

    Firstly the FSA is responsible or irresponsible for the policing of the banks, the Bank of England can't even
    organize a LIBOR rate. There were 512 banks in London at last count, and they can't even regulate or police that. But at least Londoners can organize a good party like the Olympics.

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