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12 December 2022
Issue: 8007 / Categories: Legal News , Criminal , Regulatory , Banking , Financial services litigation
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Bank fined for failures in AML oversight & management

Santander UK has been fined £107m for ‘serious and persistent’ gaps in its anti-money laundering (AML) controls on business banking customers.

The bank qualified for a 30% discount (from almost £154m) because it did not dispute the Financial Conduct Authority (FCA) findings and agreed to settle. The FCA found the UK part of the bank failed to properly oversee and manage its AML systems between 31 December 2012 and 18 October 2017. It had ineffective systems to verify the information provided by customers about the business they would be doing, and failed to properly monitor the money customers told them would be going through their accounts compared with what was being deposited.

In one case, a new customer opened an account as a small translations business with expected monthly deposits of £5,000. Within six months it was receiving millions in deposits, and swiftly transferring the money to separate accounts. The FCA also found that, while the account was recommended for closure by the bank’s own AML team in March 2014, poor processes and structures meant this was not acted on until September 2015, by which time millions of pounds had been transferred through the account.

The FCA found several other accounts where there was a serious money laundering risk, as well as examples of the bank failing to deal promptly with ‘red flags’ associated with suspicious activity.

Mark Steward, an executive director at the FCA, said Santander’s ‘poor management… created a prolonged and severe risk of money laundering and financial crime’.

The FCA has previously fined Standard Chartered Bank £102m in 2019 for AML breaches in two high-risk areas. Last December, it fined HSBC nearly £64m for serious weaknesses in monitoring systems over an eight-year period, and an FCA investigation led to NatWest being fined £264m in the same month at Southwark Crown Court for three AML offences.

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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