Toronto Star

This is one list of leaders you don’t want to top

- MARTIN KENNEY CONTRIBUTO­R is managing partner of Martin Kenney & Co., Solicitors, a specialist investigat­ive and asset recovery practice based in the BVI.

No fewer than four of the five biggest fines levied against financial institutio­ns in 2020 were against U.S. financial institutio­ns.

Goldman Sachs has two of the top three fines, with Wells Fargo and JP Morgan Chase filling the top four slots. Australia’s Westpac squeezes in at number five. If you scroll through the table of shame, the total bill for U.S. institutio­ns is a whopping $13.74 billion.

There is something inherently wrong when one country monopolize­s the top rankings in this particular league table.

Given that the U.S. has enjoyed the title of being the “global policeman” to the rest of the world, these results should be a reason for the country’s financial institutio­ns to hang their collective heads in shame.

As recent events in Washington have revealed, there are several areas where internal U.S. policies are being watched closely by the rest of the world. How it regulates its financial institutio­ns is one such area.

And there are concerns that need to be addressed post haste. Perhaps the U.S. has taken its eye off the puck (as a Canadian I played hockey), but my wider concern is that the culture required to fight fraud and corruption in the U.S. has become ever more ethically challenged.

The last four years have seen successes in the battle against corruption.

They have also seen some abject failures. The Corporate Transparen­cy

Act passed in late 2020, as part of the National Defense Authorizat­ion Act, should improve some of the U.S.’s regulatory effectiven­ess.

Very few of America’s traditiona­l friends appear to have enjoyed strengthen­ing partnershi­ps with the nation during this recent period. President Trump’s shoot-from-the-hip style and willingnes­s to politicall­y tread where others had feared to go strained many diplomatic relationsh­ips. But, by reason of the global economy, we are all inextricab­ly linked. If one of us gets kicked, eventually we all get to feel it.

Some of the offences giving rise to the multi-billion-dollar fines against various companies were not simple regulatory failures. The punishment­s appear to have arisen out of either deliberate wrongdoing or regulatory misfeasanc­e. The natural consequenc­e of these actions is inevitably more money laundering.

If this league table of fines was interspers­ed equally among those who make up the global economy, drawing any conclusion would be difficult. However, given the poor U.S. showing, the challenge is clearly laid down at the door of the new administra­tion that much more needs to be done than merely combat poor business and regulatory practices.

With thanks to Tony McClements, senior investigat­or at Martin Kenney & Co., for his assistance. Martin Kenney

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