4 ms·
That heavy jail sentence while HSBC got a "slap on the wrist", paying their way out of a criminal indictment [1]. > The settlement, announced December 11, 2012
by luso_brazilian 10y ago
That heavy jail sentence while HSBC got a "slap on the wrist", paying their way out of a criminal indictment [1].
> The settlement, announced December 11, 2012, included a $1.256 billion forfeiture and $665 million in civil fines.
> It resolved charges accusing HSBC of having degenerated into a "preferred financial institution" for Mexican and Colombian drug cartels, money launderers and other wrongdoers through what the U.S. Department of Justice called "stunning failures of oversight."
(...)
>The deferred prosecution agreement, known as a DPA, lasts for five years, and prosecutors may indict the bank if it violates the terms.
> Gleeson said "much of what might have been accomplished by a criminal conviction has been agreed to in the DPA," whose administration he will supervise.
> He noted having received requests from the public to reject the agreement because it did not hold HSBC criminally liable. He also read numerous editorials and columns suggesting, as one put it, that HSBC was "too big to indict."
[1] http://www.reuters.com/article/us-hsbc-settlement-laundering-idUSBRE9611B220130702 http://www.reuters.com/article/us-hsbc-settlement-laundering...
- rayiner 10y agoI haven't read the indictment in this case, but HSBC didn't merit jail time for anyone in the U.S. The DOJ had no evidence that anyone in the U.S. at HSBC actually knew about specific money laundering transactions. The charge was based on inadequate controls. That's the classic case for a fine as opposed to jail time. It's not illegal for your bank to be used for money laundering. Every bank is used by money launderers. And every U.S. bank knows, in the abstract, its branches are used to launder money. Read the money laundering statue: https://www.law.cornell.edu/uscode/text/18/1956 https://www.law.cornell.edu/uscode/text/18/1956. It requires transferring money with either: a) intent to promote illegal activity; or 2) knowing that the transaction is designed to conceal unlawful activity.