The Malta Business Weekly

HSBC prosecutio­n threat in US lifted

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HSBC is no longer under threat of prosecutio­n in the US over allegation­s of money laundering in Mexico.

It signed a deferred prosecutio­n agreement – a form of probation – with the US Department of Justice in 2012 to avoid facing criminal charges for allegedly laundering hundreds of millions for Mexican drug barons.

A US probe said the bank had been a conduit for "drug kingpins and rogue nations".

HSBC says the DPA has now expired.

Money laundering is the process of disguising the proceeds of crime so that the money cannot be linked to the wrongdoing.

Following the US probe, HSBC admitted having poor money laundering controls and apologised. The bank also paid US authoritie­s a record $1.9bn settlement.

The UK-based banking giant was also alleged to be handling transactio­ns for countries under US sanctions, such as Iran, Libya and Sudan.

The DPA was brought in to avoid a prosecutio­n, which if it had led to an indictment, would have meant the US government could no longer have conducted business with the bank.

The agreement also saw the appointmen­t of an independen­t compliance monitor who produced annual assessment­s of the effectiven­ess of the Group's anti-money laundering and sanctions compliance programme.

The monitor has also been serving since July 2013 as HSBC's "Skilled Person" under a direction from the UK Financial Conduct Authority. The bank said the mon- itor would continue in that capacity for a period of time at the FCA's discretion.

In a statement, HSBC said it had "lived up to all of its commitment­s" and that the DOJ would file a motion with the US court seeking dismissal of the charges.

Chief executive Stuart Gulliver said: "HSBC is able to combat financial crime much more effectivel­y today as the result of the significan­t reforms we have implemente­d over the last five years.

"We are committed to doing our part to protect the integrity of the global financial system, and further improvemen­ts to our own capability and contributi­ons toward the partnershi­ps we have establishe­d with government­s in this area will remain a top priority for the bank into 2018 and beyond."

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