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  by Rowan Bosworth-Davies
 Financial Crime Expert 
			Consultant
 September 13, 2015
 from 
			Rowans-Blog Website
 
			
			
			Spanish version 
			  
			  
			  
			  
			
			 
			  
			  
			Jesus College, Cambridge hosted, once more, the world's 
			leading 
			Symposium on Economic Crime, 
			and over 500 distinguished speakers and panelists drawn from the 
			widest possible international forum, gathered to make presentations 
			to the many hundreds of delegates and attendees.
 
 This Symposium has indeed become an icon among other international 
			gatherings of its kind and over the years, it has proved to be 
			highly influential in the driving and development of international 
			policy aimed at combating international financial and economic 
			crime.
 
 What became very quickly clear this year was the general sense of 
			deep disgust and repugnance that was demonstrated towards the global 
			banking industry.
 
 I can say with some degree of certainty now that a very large number 
			of academics, law enforcement agencies, and financial compliance 
			consultants are now joined, as one, in their total condemnation of 
			significant elements of
			
			the global banking sector for their 
			organized criminal activities.
 
 Many banks are widely identified now as nothing more than enterprise 
			criminal organizations, who engage in widespread criminal practice 
			and dishonest conduct as a matter of course and deliberate 
			commercial policy.
 
 Speaker after speaker addressed the implications of the scandalous 
			level of
			
			PPI fraud, whose repayment and 
			compensation schedules now run into billions of pounds.
 
 Some speakers struggled with the definition of such activity as 'Mis-selling' 
			and needed to be advised that what they were describing was an 
			institutionalized level of organized financial crimes involving 
			fraud, false accounting, forgery and other offences involving acts 
			of misrepresentation and deceit.
 
 One of the side issues which came out of this and other debates, was 
			the general and genuine sense of bewilderment that management in 
			these institutions concerned, (and very few banks and financial 
			houses have escaped censure for this dishonest practice) have walked 
			away from this orgy of criminal antics, completely unscathed.
 
			  
			The protestations from management that 
			these dishonest acts were carried out by a few rogue elements, holds 
			no water and cannot be justified.
 Similar exercises were carried out examining other forms of 
			financial malfeasance, including Forex manipulation and specifically 
			LIBOR criminality.
 
 The latter area of wrongdoing was amplified and illuminated by the 
			recent conviction of the broker Tom Hayes whose bizarre and 
			dysfunctional behavior at Southwark Crown Court, even while he was 
			standing trial for his criminal wrongdoing became subject to 
			discussion.
 
			  
			His arrogance and the degree of contempt 
			he demonstrated for prosecuting counsel and the jury was described 
			as 'truly breathtaking'
 My colleague who attended the trial, described Hayes as appearing 
			aghast that he should be standing in the dock, proving, as my friend 
			said, how little he really understood of the moral standards which 
			could and should be expected of people who trade in those markets 
			that will have a strong impact on other people's investments and 
			savings, and described Hayes as possessing no moral or ethical 
			dimension at all.
 
 One workshop which I found particularly revealing, and from which I 
			am still trying to extricate my emotions was the break-out session 
			hosted by members of the SME Alliance.
 
 This is an organization made up of ordinary people who have had the 
			misfortune to be defrauded out of millions of pounds by the major 
			banks, and from whom they are seeking redress.
 
			  
			Their excellent website,
			
			www.smealliance.org gives 
			significant information about them and their campaigns.
 I listened with mounting horror and a feeling of growing nausea, 
			while examples of massive conspiracies to defraud small and medium 
			size businesses were outlined in cryptic detail. Good honest (but 
			possibly unsophisticated) businessmen being inveigled into 
			commercial relationships with banks, at the same time as seeking 
			commercial lending to enhance and develop their already successful 
			businesses.
 
 Particularly nauseating was evidence of the criminal defrauding (I 
			refuse to use the weasel words 'mis-selling') achieved through the 
			use of little-understood and unwanted derivative instruments.
 
 In the end, I sat there, open-mouthed while evidence against the 
			same old usual scum-bag financial institutions, was unrolled, and a 
			lengthy list of agencies, all apparently dedicated to dealing with 
			fraud and financial crime, lamely sought to explain why they were 
			powerless to help these victims.
 
 This was followed by a lengthy list of names of major law firms, and
			Big 5 accounting firms who were willing to join with these 
			pariah banks to,
 
				
					
					
					bring complex and expensive 
					legal actions against these victims
					
					bankrupting them
					
					forcing them from their homes
					
					repossessing properties they had 
					worked for years to create,  
			...while all the time, the regulators 
			and the other agencies, including to my shame and regret, certain 
			spineless police forces, stood by and sought to justify their 
			inaction.
 At one stage, we were shown how banks ritually and deliberately take 
			transcripts of telephone calls made between complainants and the 
			bank, and deliberately and systematically go through these 
			conversations, re-editing them and reproducing them in a format 
			which is much more favorable to the bank.
 
 I mean, occasionally it can be difficult to interpret a specific 
			word or even part of a sentence uttered on a bad telephone line, but 
			this was evidence of routine re-editing that had gone on, page after 
			page after page, suppressing conversation which put the bank in a 
			bad or critical light, and purporting to be documentary evidence as 
			to the truth of a conversation.
 
 These documents were blatant forgeries, and at one point, not being 
			able to remain quiet any longer, I burst out in my anger,
 
				
				'These are nothing but downright 
				forgeries, and these people have uttered them'. 
			These documents had been used against 
			these victims during the course of legal proceedings brought against 
			them by the banks, and specifically designed to damage them.  
			  
			They are primary proof of a conspiracy 
			to pervert the course of justice by the banks, and any judge worth 
			his salt would see through them in an instant, but any time one of 
			these victims ever gets within sniffing distance of a settlement 
			with one of these mafia banks, then they are hit with huge gagging 
			orders as part of the settlement process, denying them the right to 
			use these documents.
 I could go on and report more, but I urge you to go to the website 
			and read it and spend time on engaging with its contents.
 
			  
			These good people deserve all the help 
			they can get but there is a massive army of professional lawyers, 
			accountants, insolvency practitioners, and bank consultants out 
			there, weasels and vermin growing fatter on the money they are being 
			paid to maintain this concerted financial attack on some of the most 
			entrepreneurial people of our era.  
			  
			You would think that these professionals 
			would have some shame at such dishonest actions, but there is no 
			apparent shame evidently in earning fees culled from the misery of 
			others, and predicated by crimes of such meanness and damaging 
			magnitude that even Al Capone would blush for shame.
 I was asked to speak at a break-out workshop which looked at the 
			outcome from the
			
			HSBC Mexican money laundering affair, 
			and what lessons we could draw from the entire episode.
 
 I was particularly fortunate to be able make use of a detailed 
			document issued by the US authorities who had supervised the 
			deferred prosecution agreement against HSBC.
 
 What I sought to achieve was to demonstrate how over a period of 
			years, 
			HSBC had routinely and deliberately 
			under-resourced and under-valued any attempts to implement decent 
			and workable anti-money laundering procedures and processes.
 
 I made the point that in my opinion, this was a deliberate decision, 
			predicated by the knowledge that the British financial regulators,
			
			the FSA and latterly,
			
			the FCA were unlikely to do 
			anything to force HSBC to change.
 
 I quoted from
			
			the U.S. document:
 
				
					
					
					...HSBC Bank USA violated the 
					BSA by failing to maintain an effective anti-money 
					laundering program and to conduct appropriate due diligence 
					on its foreign correspondent account holders. 
					
					...A four-count felony criminal 
					information was filed today in federal court in the Eastern 
					District of New York charging HSBC with willfully failing to 
					maintain an effective anti-money laundering (AML) program, 
					willfully failing to conduct due diligence on its foreign 
					correspondent affiliates, violating IEEPA and violating TWEA. 
					HSBC has waived federal indictment, agreed to the filing of 
					the information, and has accepted responsibility for its 
					criminal conduct and that of its employees. 
					
					...The record of dysfunction 
					that prevailed at HSBC for many years was astonishing. 
					Today, HSBC is paying a heavy price for its conduct, and, 
					under the terms of today's agreement, if the bank fails to 
					comply with the agreement in any way, we reserve the right 
					to fully prosecute it.
					
					...."HSBC's blatant failure to 
					implement proper anti-money laundering controls facilitated 
					the laundering of at least $881 million in drug proceeds 
					through the U.S. financial system. 
					
					..., this financial institution 
					is being held accountable for turning a blind eye to money 
					laundering that was occurring right before their very eyes.
					
					
					... 2006 to 2010, HSBC Bank USA 
					severely understaffed its AML compliance function and failed 
					to implement an anti-money laundering program capable of 
					adequately monitoring suspicious transactions and activities 
					from HSBC Group Affiliates, particularly HSBC Mexico, one of 
					HSBC Bank USA's largest Mexican customers.    
					This included a failure to 
					monitor billions of dollars in purchases of physical U.S. 
					dollars, or "banknotes," from these affiliates. Despite 
					evidence of serious money laundering risks associated with 
					doing business in Mexico, from at least 2006 to 2009, HSBC 
					Bank USA rated Mexico as "standard" risk, its lowest AML 
					risk category.    
					As a result, HSBC Bank USA 
					failed to monitor over $670 billion in wire transfers and 
					over $9.4 billion in purchases of physical U.S. dollars from 
					HSBC Mexico during this period, when HSBC Mexico's own lax 
					AML controls caused it to be the preferred financial 
					institution for drug cartels and money launderers. 
					
					..., identified multiple HSBC 
					Mexico accounts associated with BMPE activity and revealed 
					that drug traffickers were depositing hundreds of thousands 
					of dollars in bulk U.S. currency each day into HSBC Mexico 
					accounts. Since 2009, the investigation has resulted in the 
					arrest, extradition, and conviction of numerous individuals 
					illegally using HSBC Mexico accounts in furtherance of BMPE 
					activity 
			What was being amply demonstrated here 
			was the cynical and deliberate flouting of UK and US laws to help to 
			prevent and forestall money laundering.  
			  
			It was typical of the kind of financial 
			crimes being routinely committed by a wide cross-section of the UK 
			and the US banking system, and it was the subject of wide discussion 
			among those attending the workshop.
 For the first time, I found routine agreement among delegates that 
			the banking industry had become synonymous with organized crime.
 
			  
			Many otherwise more conservative 
			attendees expressed their grave concern and their repugnance at the 
			way in which so many of our most famous banking names were now 
			behaving. It is becoming very much harder to believe that the banks 
			will be able to rely on the routine support they have traditionally 
			enjoyed from most ordinary members of the public.
 The election of Jeremy Corbyn to the leadership of the labour 
			Party means that banking crime and financial fraud will now become 
			an electoral issue.
 
 Hitherto, the love affair between Gordon Brown and the
			Square Mile (City of London) was a matter of grave 
			embarrassment for many of us who knew better. Brown's routine 
			praising of the financial sector at mansion House dinners was the 
			stuff of many bad jokes.
 
			  
			These were exacerbated by the 
			relationship between Ed Balls and some very dubious 
			practitioners in the development of
			
			the PFI relationships. During this 
			period, it seemed like the labour Party were openly supporting the 
			bad practices of
			
			the City (of London).
 But now, the new Labour leadership will focus the attention of the 
			electorate on the relationship between the Tory party and their very 
			crooked friends in the City, and the degree of protection that the 
			Square Mile gangsters and their Consiglieri, their Capos, 
			and their Godfathers will become much more identifiable.
 
			  
			Bank crime will now become much more 
			identifiable as a City (of London) practice and their friends in the 
			Tories will be seen as being primary beneficiaries.
 The spotlight of political focus is now about to be shone brightly 
			on the dark alleys and stews of the Square Mile, as well as in the 
			dining rooms and the dealing rooms where these crooked vermin 
			gather.
 
 We are due to enjoy some interesting times!
 
 
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