ABN Amro the Latest Bank to Show the Need for a New Solution to Money Laundering
It has been reported today that ABN Amro, the Dutch bank
that is half-owned by the Dutch Government, is being investigated by the
country’s public prosecutor. Though it has not revealed what that investigation
entails, it has warned that ‘it could
face fine for lapses in its client due diligence that may have allowed breaches
of money laundering and terrorism financing laws’. In today’s post, we will
look at the potential for this investigation, and assess this against the
backdrop of what seems to be an increased commitment to compliance on behalf of
ABN Amro, paradoxically. In light of a recent
article I developed looking at Sigma Ratings, it is worthwhile considering
their mission again in light of yet another massive breach of AML regulations,
potentially.
Though the bank has been unable to declare what the
investigation concerns, its suggestion that it may be regarding breaches in AML
compliance have resulted in a 9.3% drop in the shares already. The article in
the FT discusses how this investigation is likely to be part of a series of
investigations throughout Europe. The Dutch public prosecutor fined ING €775
million last year for AML failures, and we have already analysed Danske Bank
who, through their Estonian arm, were found to
have laundered more than €200 billion of Russian and ex-Soviet money –
coincidentally, the head of that Estonian arm was
found dead this week. Since the FT article, Bloomberg reports that the
prosecutor has stated that the investigation is concerned with ‘failing
to report suspicious transactions and not conducting sufficient checks on its
clients’, which falls directly in line with the suggestions from ABN Amro
themselves. In July, the Dutch Central Bank forced ABN Amro to increase its
reserves on account of pushing the bank to review all domestic retail clients
under due diligence requirements. The bank actually went further by increasing
its compliance spending and increasing the amount of compliance staff – according
to the FT, ABN Amro increased its compliance staffing levels five-fold in five
years, resulting in the bank having more than
1400 compliance professionals.
The problem here though is that, if it is the case that
there have been breaches of AML laws and regulations, then clearly an increase
in the amount of compliance professionals has done little to impact the bank’s
overall compliance. Although it would be easy to blame the compliance
professionals, research actually shows that the current
AML regime is particularly punitive towards compliance professionals, so
much so that it actually discourages going that extra mile to ensure compliance
and has, ultimately, created a box-ticking culture that is becoming pervasive. It
has even been suggested that the field of banking compliance is a ‘ticking
timebomb’ for professionals, with increasing numbers choosing to move away
from the sector. Furthermore, there are a number of initiatives
being developed to counter stress and anxiety in the compliance field, as
it is becoming clearer that there are underlying issues within the sector. So,
if increasing the amount of compliance officers is not the answer, then what
is?
It is, of course, difficult to declare the one solution to
what is a myriad of problems. We spoke recently about Sigma Ratings and their mission to
increase the amount of independent information within the sector. Understanding
risk, particularly within the AML realm, is of vital importance and my recent
article concluded that the mission of Sigma, and the way that it is going about
achieving that mission, is particularly important. The article concluded that
further AML-related scandals would only increase the need for Sigma’s product,
and that has happened within weeks of the article being accepted for
publication. It will be interesting to see whether ABN Amro is guilty of
internal-based AML compliance failures, or whether it is related to their
dealings with external-but-connected entities, like the model used within ‘correspondent
banking’. If this investigation is related to something akin to Danske Bank’s
dealings with its Estonian arm, then increased information like that which
Sigma could theoretically provide would be particularly useful. It will
certainly be worth monitoring this investigation and Europe continues to reel
from a number of AML-related scandals.
Keywords – AML, ABN Amro, Banking, Compliance, Sigma
Ratings, @finregmatters
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