header-logo header-logo

On the wire

17 August 2012 / Richard Moorhead
Issue: 7527 / Categories: Features , Profession
printer mail-detail
108194530_4

Richard Moorhead toys with ethical dilemmas & regulatory barriers

Whether the Standard Chartered Bank (SCB) allegations have been sexed up to aid the US in its geopolitical battle for financial supremacy or not, they raise interesting concerns as regards the role of professionals in the process. In broad terms, the bank stands accused of “wire-stripping” information from transactions with Iranian clients involving perhaps $250bn and earning the bank hundreds of millions of dollars in fees. Crucially to the politics of the situation, the transactions are not just alleged to be sanction busting: some of SCB’s client banks are claimed to finance terrorist groups.

Due diligence?

The allegations centre on removing information that would have flagged the payments as Iranian from the wire transfer messages to prevent the payments being flagged and investigated in the US to see if they breached sanctions rules. SCB’s case appears to be that the payments were of a type not subject to sanctions (so-called U-turn transactions permitted until 2008), and had been subject to the necessary due

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Peter O’Hare

Pillsbury—Peter O’Hare

Partner hire bolstersprivate capital and global aviation finance offering

Morae—Carla Mendy

Morae—Carla Mendy

Digital and business solutions firm appoints chief operating officer

Twenty Essex—Clementine Makower & Stephen Du

Twenty Essex—Clementine Makower & Stephen Du

Set welcomes two experienced juniors as new tenants

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
back-to-top-scroll