Crédit Agricole to Pay $787 Million in U.S. Sanctions Case -- Update
October 20 2015 - 6:27PM
Dow Jones News
By Christopher M. Matthews and Noemie Bisserbe
French bank Crédit Agricole SA agreed to pay $787 million
Tuesday to resolve U.S. allegations it handled illegal transactions
involving Iran, Sudan, Myanmar and Cuba, the latest European lender
caught up in a crackdown on sanctions violations.
Federal prosecutors accused the bank of conspiring to defraud
the U.S. government by violating economic sanctions between 2003
and 2008, according to a complaint filed in federal court in
Washington, D.C., Tuesday, and criminally charged one of its
subsidiaries. New York's top banking regulator, which came to its
own, related settlement, said the bank sent a total of $32 billion
through its New York branch on behalf of sanctioned countries.
The bank reached two separate criminal settlements with the
Justice Department and the Manhattan district attorney's office,
admitting wrongdoing, agreeing to adopt better safeguards and
promising to not commit further violations. If it abides by those
settlements, known as deferred prosecution agreements, the criminal
charges will be dropped within three years. The bank also settled
with other federal authorities Tuesday. No bank employees were
charged.
Crédit Agricole had set aside the equivalent of about $1.8
billion to cover total potential litigation costs. The bank's share
price fell less than 1% on Tuesday. In a statement, the bank said
it would continue to cooperate with American authorities.
The settlements are the latest to stem from a long-running
crackdown by U.S. authorities on European-headquartered banks that
allegedly did deals with countries under U.S. sanctions.
Last year, French bank BNP Paribas paid a record roughly $9
billion and pleaded guilty to violating U.S. sanctions, a
settlement that sent chills through the boardrooms of Europe's
largest lenders and led French officials to accuse the U.S. of
engaging in "economic warfare." Commerzbank AG, Credit Suisse Group
AG, HSBC Holdings PLC, Barclays PLC, and Standard Chartered PLC,
among others, have also agreed to pay billions of dollars in fines
to settle allegations.
Authorities alleged Tuesday that Crédit Agricole's efforts to
get around U.S. sanctions were condoned as institutional policy.
For example, a financial security employee at the bank sent an
email in 2007 telling a colleague dealing with wire transfers that
any "reference to IRAN in the free fields must be avoided, so as
not to have to provide lengthy justification to the Yankee
authorities," according to the statement of facts filed with the
Justice Department's deferred prosecution agreement.
The bank also continued to allow 11 Sudanese banks to maintain
their U.S. dollar accounts after the U.S. imposed sanctions on the
country, prosecutors said.
An anti-money-laundering committee at the bank created a
"Sudanese U-turn exception" to process illegal dollar transactions,
which the bank's Geneva employees were encouraged to use, even
though such an exception wasn't allowed under U.S. law, authorities
said. U-turn transactions involve the transfer of funds from a
foreign bank that pass through a U.S. bank and are then transferred
to a second foreign bank.
The New York Department of Financial Services said the vast
majority of employees involved in the illegal conduct were no
longer at the bank. The bank terminated a managing director
allegedly involved in the scheme as part of its settlement with the
New York regulator, it said.
The absence of charges against individuals may open enforcement
officials to further criticism. In a memo last month, a top Justice
Department official codified guidance encouraging prosecutors to
pursue individual prosecutions before entering into corporate
settlements, in response to long-running criticism about the lack
of prosecutions of employees at large banks.
The bank also settled with Treasury Department's Office of
Foreign Assets Control, and the Board of Governors of the Federal
Reserve System. The Manhattan district attorney's office filed
charges alleging Crédit Agricole violated New York state law by
falsifying business records, while the Washington, D.C., U.S.
attorney's office filed the federal criminal charge.
Aruna Viswanatha contributed to this article.
Write to Christopher M. Matthews at christopher.matthews@wsj.com
and Noemie Bisserbe at noemie.bisserbe@wsj.com
(END) Dow Jones Newswires
October 20, 2015 18:12 ET (22:12 GMT)
Copyright (c) 2015 Dow Jones & Company, Inc.
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