National Post

MANULIFE REVEALS IT FACED $1.15-MILLION PENALTY.

REGULATOR TO REVIEW DISCLOSURE POLICIES

- Barbara Shecter

Canada’s anti-money laundering watchdog is reviewing its policies after Manulife Financial Corp. revealed Monday its domestic banking unit was subject to an administra­tive penalty meted out by FINTRAC.

FINTRAC disclosed in April of last year that it had levied a $ 1.15 million penalty against a bank, but the director of Canada’s financial intelligen­ce unit elected not to identify the bank.

“In making this decision, I took into considerat­ion the fact that the violations were of a technical nature and I emphasize that the penalty has nothing to do with money laundering or the financing of terrorism,” Gérard Cossette, FINTRAC’s director said in a statement Monday.

“However, in exercising my discretion to withhold the name of the bank, I understand that it may not have met public expectatio­ns in relation to openness and transparen­cy.”

Cossette said FINTRAC will now work with Finance Canada to review legislatio­n related to its penalty program, and will review penalty policies to ensure they “strike an appropriat­e balance between the need for transparen­cy and the requiremen­ts of the Proceeds of Crime ( Money Laundering) and Terrorist Financing Act.”

Manulife issued a statement Monday acknowledg­ing the administra­tive penalty after Manulife Bank was identified in a CBC report as the financial institutio­n at the heart of the FINTRAC matter.

The penalty resulted from “administra­tive lapses in reporting” at Manulife Bank, according to the company’s statement.

“Manulife did not enable or facilitate money laundering,” the company said. The statement noted that one violation involved a customer whose activities had already been reported to law enforcemen­t and FINTRAC by Manulife.

“There is no evidence to suggest that the administra­tive reporting violations were connected to any financial misconduct,” Manulife said, adding that the administra­tive reporting lapses were “remedied in the first half of 2014.”

Following a speech in downtown Toronto, Manulife chief executive Don Guloien told reporters the errors were the result of a single misinterpr­etation on Manulife’s part that led to continued administra­tive reporting violations.

“I think what happened in this case is there are two interpreta­tions someone could take about the ( FINTRAC) guidelines. We took an interpreta­tion that was clearly wrong, or certainly not the one FINTRAC wanted us to hold, and it was repeated a number of times, which led to this large number,” he said. “But again these are strictly administra­tive errors. There’s no suggestion whatsoever of financial misconduct.”

At the time of FINTRAC’s initial disclosure, it was suggested that the size of the financial penalty was enough to encourage the bank that paid the penalty, and others, to take anti- money laundering seriously.

But some criticized the move, suggesting that by not identifyin­g the bank, FINTRAC was casting doubt on the anti- money laundering efforts of all the banks subject to FINTRAC guidelines.

THE PENALTY HAS NOTHING TO DO WITH MONEY LAUNDERING.

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