Will the HSBC scandal, Forex trading probe, Libor scandal and other
major financial scandals lead to more regulatory compliance for the financial
services industry
How many are enough global financial
scandals? That is the question the global oversight authorities are asking
each other when the question pf regulatory overreach is discussed. A growing
chorus of public outrage may prompt criminal prosecution of HSBC executives
and spark a new wave of regulations in the financial sector. HSBC, the
British multinational banking and financial services company and the world's
second largest bank, has come under close scrutiny by American and European
governments for a range of scandals, ranging from money laundering, to
tax evasion, to violating international sanctions against Iran.
You name it; they did it
HSBC has been dogged by scandal across the world for years. Money laundering
investigations have been launched against it by federal authorities in
India
and Argentina.
However, despite the seriousness of the charges in these cases, it was
a far-reaching investigation by the US Department of Justice in 2012 that
resulted in the greatest harm to HSBC's reputation.
American investigators found that HSBC laundered at least $881
million in drugs proceeds through the U.S. financial system for international
drug cartels and processed an additional $660
million for banks in US sanctioned countries such as Iran and Sudan.
Despite receiving the largest
banking fine in US history, $1.9 billion US dollars, some
decried the failure of the US government to launch criminal proceedings.
Prosecutors
admitted that their concern about the negative impact on financial
markets if criminal charges were filed against HSBC executives influenced
their decision to not pursue further legal sanctions against the bank.
While HSBC has so far avoided criminal prosecution a new set of scandals
has raised its specter once again.
The oversight authorities has documentation which seems to show that HSBC
has aided thousands of its customers in multiple countries with the creation
of tax
avoidance schemes.
The reaction across Europe and the United States has been swift. British
MPs have called for the resignation of HSBC executives while French
authorities have launched
criminal proceedings. In the United States, the nomination of Loretta
Lynch for Attorney General has
been stalled as she was the chief federal negotiator during the 2012
settlement and failed to consider pursuing criminal charges against HSBC.
The US Department of Justice has started another investigation of HSBC,
with prominent lawmakers calling
for criminal charges to be filed.
A successful criminal
prosecution of HSBC in the United States would result in the revoking
of its corporate charter, leaving the bank unable to operate in the country.
The winding down of HSBC's American operations would have a massive impact
upon the global financial system and would have to be managed extremely
carefully by the US government. While this scenario is still unlikely,
its probability has increased in light of the latest revelations of HSBC's
conduct.
Far more likely than the shuttering of the bank's American operations,
however, is further
oversight and regulation of the banking sector as the public, unfavorably
predisposed to banks since the 2008 global financial crisis, will demand
consequences for their perceived malfeasance.
Under these circumstances, bank profits would be squeezed, and layoffs
in the financial sector would accelerate. While American banks have
enjoyed record
profits in recent years, a growing storm of outrage over HSBC continual
legal violations makes the continuation of this trend increasingly doubtful.
At the 9th annual European Summit in Stockholm on the 22-23rd September
2015 at The World Trade Center we have several experts who will speak
on the regulatory compliance enforcements and what can all trades and
businesses learn from the scandals.
CHANGING NATURE OF CAPITAL MARKETS
- Creating Long-Term Corporate Value in a Short-Term Equity Market
- Institutional Investors and Their Evolving Role in the Capital Markets
- Activist Investors and Hedge Funds
- Corporate communications with institutional investors
- Focus on Engagement in the Shareholder Rights Directive
Dr. Cristina Ungureanu, Head of Corporate Governance
Advisory, Sodali