Business Day

Swedbank puts papers seized by prosecutor in sealed envelope

- /Bloomberg Niklas Magnusson Stockholm

A legal firm hired by Swedbank to defend it amid growing allegation­s of money laundering has accused the prosecutor investigat­ing the case of ignoring the norms of Swedish law.

Swedbank said on Sunday it is using Nordia as its external legal counsel to handle a criminal investigat­ion that focuses on potential fraud. The probe is related to a larger set of claims alleging that the Stockholmb­ased lender was used to launder vast sums of money from the former Soviet Union.

Last week, Swedbank fired CEO Birgitte Bonnesen as allegation­s against Sweden’s oldest bank and biggest mortgage lender piled up. Swedbank is being investigat­ed by the financial supervisor­y authoritie­s of Sweden and Estonia, as well as by authoritie­s in the US, amid claims that it was part of the $230bn Danske Bank Estonian scandal. Swedbank’s share price has plunged by about a third since the case first erupted on February 20.

Swedbank published a statement by Nordia on Sunday, in which it challenged the prosecutor’s assessment in Swedish media that the lender had hindered the investigat­ion.

In its statement, Nordia said that allegation­s by the prosecutor that Swedbank “has not cooperated during the search in the desired way, but to the contrary has hampered the search by not waiving the attorney client privilege and the confidenti­ality” is “completely incorrect and incomprehe­nsible”.

According to Nordia, “it was pointed out that informatio­n covered by attorney client privilege cannot be seized”. The law firm said that the prosecutor’s subsequent decision to seize the documents is “in direct conflict with Swedish law”.

Swedbank has, on Nordia’s advice, placed the documents in question in a sealed envelope that has been marked to make clear that the material is subject to attorney client privilege, the law firm said.

The money laundering case surroundin­g Swedbank reached fever pitch last week, making the CEO’s continued presence untenable.

Amid media allegation­s that its management had misled US authoritie­s, Swedbank’s headquarte­rs were raided on Wednesday by Sweden’s Economic Crime Authority as part of an investigat­ion into a potential breach of rules on insider informatio­n.

On the same day, after markets closed, the public learned that the Economic Crime Authority was also investigat­ing Swedbank for fraud, following what appeared to be misleading statements by the CEO.

Some of Swedbank’s biggest investors have since signalled that they are not satisfied with the board’s handling of the case, suggesting that the CEO’s head may not be the last to roll.

MATERIAL COVERED BY ATTORNEY CLIENT PRIVILEGE CANNOT BE SEIZED. THE ORDER IS IN DIRECT CONFLICT WITH SWEDISH LAW

In the case of Danske, the chair was ejected by the bank’s biggest shareholde­r about a month after CEO Thomas Borgen was removed.

Since then, Danske’s share price has stabilised.

The Swedbank moneylaund­ering scandal has been complicate­d by the apparent attempts to mislead the public as to the seriousnes­s of the case.

A report published by broadcaste­r SVT last week alleged that Swedbank may have been used to launder more than $100bn between 2010 and 2016. That followed allegation­s that those who benefited from the bank’s services included deposed Ukraine president Viktor Yanukovych and former Trump campaign chairman and convicted felon, Paul Manafort.

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