UBS fined CHF50,000 ($55,220) by Switzerland’s finance ministry after an investigation revealed that employees allegedly failed to report multiple red flags of money laundering spanning several years. This significant penalty is tied to accounts held by the former president of Yemen, Ali Abdullah Saleh.
UBS Fined CHF50,000 – Background and Allegations
The penalty notice, dated the 4th of April 2024, became legally binding after the expiration of the 30-day objection period. However, the specific details of the notice have not been made publicly available. UBS, one of Switzerland’s largest banks, is alleged to have managed millions of dollars for Saleh.
The 2009 Transaction
According to SRF Investigativ, the investigation centres on a substantial transaction in 2009. The Sultan of Oman reportedly issued a cheque for more than $10 million (CHF9 million) to Saleh, which was handed over to UBS in Zurich by Saleh’s son. This transaction triggered internal alerts within UBS, but rather than escalating the matter to the Money Laundering Reporting Office Switzerland (MROS), employees merely noted in an internal dossier that such gifts were common among wealthy rulers in the Arab world.
Continuing Oversight
The accounts associated with the Saleh family were balanced in 2011, but despite subsequent red flags, UBS failed to notify the authorities. SRF Investigativ reported that the finance ministry criticised UBS for not adequately documenting the reasons for their inaction. “According to the finance ministry, the bank also failed to record why it did not do so in a comprehensible manner,” SRF Investigativ stated.
Investigation and Penalty
The finance ministry’s investigation into UBS’s handling of these accounts began in 2021, yet it took two years for prosecutors to obtain the necessary files from the bank. The ministry noted that the fault lay significantly with the unidentified individuals responsible for reporting these transactions. Despite their considerable oversight, the fine was set at CHF50,000, the maximum amount that can be imposed on a legal entity in administrative criminal proceedings by the finance ministry.
Finance Ministry’s Statement
The finance ministry remarked on the severity of the negligence exhibited by UBS employees and stated that the penalty, though substantial, was the maximum allowable under the current legal framework for such offences. The ministry emphasised the importance of financial institutions adhering to stringent reporting protocols to combat money laundering effectively.
Repercussions and Industry Impact
This case highlights the ongoing challenges that financial institutions face in monitoring and reporting suspicious activities. The fine imposed on UBS serves as a reminder to other banks about the critical nature of compliance with anti-money laundering regulations.
However, it’s not just financial businesses that need to ensure they are meeting compliance regulations set by the regulatory body; businesses working within the legal sector also need to have effective procedures in place. Law firms need to practice compliantly in terms of completing checks and due diligence, so it is essential they have effective protocols and procedures in place that comply with the regulations.
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A Lesson For Other Businesses
The CHF50,000 fine levied against UBS by Switzerland’s finance ministry underscores the importance of vigilant compliance with anti-money laundering regulations. The allegations involving millions of dollars linked to Yemen’s ex-president, Ali Abdullah Saleh, highlight the significant responsibilities placed on financial institutions to monitor and report suspicious transactions.
This case serves as a stark reminder to all banks about the consequences of failing to adhere to regulatory standards. Moving forward, it is essential for financial institutions to bolster their internal controls and ensure comprehensive documentation and reporting of any activities that raise red flags. The finance ministry’s decisive action against UBS aims to reinforce the integrity of Switzerland’s financial system and its commitment to combating money laundering on a global scale.