Toronto Star

UBS fined $15M over anti-money laundering systems

U.S. regulators point to roughly 13 years of compliance failures

- MARIA ARMENTAL AND SAMUEL RUBENFELD THE WALL STREET JOURNAL

UBS Group AG agreed to pay a combined $15 million (U.S.) fine over regulatory deficienci­es in its anti-money-laundering program, U.S. regulators said Monday.

The U.S. Treasury Department’s Financial Crimes Enforcemen­t Network, or FinCEN, said broker-dealer unit UBS Financial Services Inc. violated the Bank Secrecy Act, which requires financial firms to report suspicious activities, over a roughly 13-year period through 2017.

The UBS broker-dealer unit provided clients with what U.S. regulators called “banking-like services,” such as wire transfers, check writing and ATM withdrawal­s, but it didn’t structure its anti-money-laundering compliance program to address the potential use of its offerings for illicit-finance purposes, regulators said. UBS is to pay $5 million to the Treasury Department, $5 million to the Securities and Exchange Commission and another $5 million to the Financial Industry Regulatory Authority, the industry-funded brokerage regulator.

The bank “is pleased to have resolved this matter, which addressed certain legacy antimoney-laundering program deficienci­es,” a spokesman for UBS said.

The Office of the Comptrolle­r of the Currency this year censured UBS over “systemic deficienci­es” in anti-money-laundering systems at its branches in New York, Connecticu­t and Florida. The order didn’t carry monetary penalties. FinCEN said Monday that UBS Financial Services had failed to provide sufficient resources to ensure day-to-day anti-money-laundering compliance. Inadequate staffing led to a backlog of alerts and decreased the broker-dealer’s ability to file timely suspicious-activity reports, FinCEN said.

UBS Financial Services, over a period of several years, processed through certain brokerage accounts hundreds of transactio­ns that showed red flags associated with shell-company activity and failed to adequately monitor foreign-currency-denominate­d wire transfers worth tens of billions of dollars that were conducted through its commoditie­s accounts and retail brokerage accounts, FinCEN said.

Shell companies are legally formed corporatio­ns, but they can also be used to mask the beneficial ownership of account assets and can make tracking funds more difficult for law enforcemen­t and tax officials. FinCEN issued guidance in 2006 on the money-laundering risks of shell companies.

The broker-dealer’s monitoring system failed to capture critical informatio­n about the foreign-currency-denominate­d wire transfers, including sender and recipient informatio­n and the country of origin and destinatio­n, FinCEN said.

“Financial institutio­ns must fully evaluate and identify the specific [anti-money-laundering] risks of the business and services they offer to their customers so they can proactivel­y develop and implement an appropriat­e [anti-money-laundering] program to mitigate those risks,” FinCEN said. The Finra fine includes $4.5 million against UBS Financial Services for failing to properly oversee billions of dollars in foreign-currency wire transfers and $500,000 against UBS Securities LLC for failing to reasonably monitor “penny stocks” transactio­ns from January 2013 to June 2017.

The bank’s failure to monitor the transactio­ns was discovered in 2012 and UBS failed to put in place a reasonable system until April 2017, Finra said.

 ?? MICHELE LIMINA BLOOMBERG ?? U.S. regulators this year had censured UBS over “systemic deficienci­es” in anti-money-laundering systems at branches in New York, Connecticu­t and Florida.
MICHELE LIMINA BLOOMBERG U.S. regulators this year had censured UBS over “systemic deficienci­es” in anti-money-laundering systems at branches in New York, Connecticu­t and Florida.

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