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17 August 2012 / Richard Moorhead
Issue: 7527 / Categories: Features , Profession
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On the wire

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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