Cape Argus

Compliance: rogue law firms subject to R50m penalty

- LOYISO SIDIMBA loyiso.sidimba@inl.co.za

LAWYERS and their firms have been warned that they could face disciplina­ry action and administra­tive penalties of up to R50million for failing to comply with the Financial Intelligen­ce Centre (FIC) Act.

The centre will report lawyers and their firms who are non-compliant with the FIC Act to the Legal Practice Council (LPC) where they face administra­tive penalties between R10m and R50m.

The LPC has warned legal practition­ers that they could face disciplina­ry charges for breaching their code of conduct by failing to take all steps necessary to ensure compliance with the FIC Act at all times.

The lawyers have been told that they could face administra­tive sanctions ranging from a caution, reprimand, directive to take remedial action or make specific arrangemen­ts, restrictio­n or suspension of certain specified business activities.

They could also face financial penalties of R10m for “natural persons” and R50m for “legal persons”. According to the LPC, the FIC conducted 207 compliance inspection­s and nine compliance reviews in the 12 months that ended on March 31 to assess the level of compliance by legal practition­ers.

”In respect of the 207 compliance inspection­s, approximat­ely 80% of the legal practition­ers were noncomplia­nt, with the most common noncomplia­nce relating to failure to register with the FIC, failure to have a risk management and compliance programme, failure to conduct customer due diligence and failure to report,” reads an LPC advisory dated June 17.

The FIC found that the majority of the reports submitted to it by legal practition­ers were cash threshold reports, which indicated that cash was used to pay for legal services. The 2 493 cash threshold reports indicated that there were increased risks of money-laundering in the legal fraternity.

An average of 231 suspicious transactio­n reports were filed by lawyers during the same period ending on March 31.

The council has undertaken to improve compliance.

“The LPC will be issuing a series of advisories to raise awareness to legal practition­ers in addressing the findings of non-compliance issued by the FIC, but legal practition­ers are advised to ensure as a matter of urgency that they are aware of all their obligation­s under the FIC Act and that they become compliant before any further inspection­s are conducted,” the council further warned.

The requiremen­ts to ensure compliance apply to all practising attorneys and trust account advocates in order to uphold the country’s internatio­nal anti-money-laundering and combating the financing of terrorism obligation­s and commitment­s.

The SA Reserve Bank’s Prudential Authority, the Financial Sector Conduct Authority and the FIC have also warned accountabl­e institutio­ns such as the LPC that cannot demonstrat­e compliance with obligation­s that they still remain in force and that its members may face administra­tive sanctions.

Last week, Justice and Correction­al Services Minister Ronald Lamola said the government was determined to tackle and arrest money-laundering schemes.

An anti-money-laundering/ counter-terrorism financing national risk assessment inter-department­al working group has recently had some strategic breakthrou­ghs and recovered over R400m.

The working group includes the SAPS, the Hawks, the Sars, the FSCA, the FIC, the Special Investigat­ing Unit, the National Prosecutin­g Authority and the SA Reserve Bank.

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