Read

User menu

Search form

Banks Actually Want To Make It Easier, Not Harder, To Launder Money

Banks Actually Want To Make It Easier, Not Harder, To Launder Money
Tue, 2/28/2017 - by David Dayen
This article originally appeared on The Nation

The persistent whistling you’re hearing around financial centers in Manhattan is coming from contented bank executives. Since the election of Donald Trump, their companies’ stock prices have soared, amid expectations of regulatory abandonment. Their former colleague ex–Goldman Sachs president Gary Cohn is setting policy inside the White House, and their former lawyer Jay Clayton plans to blind the SECto their money-making schemes. If Republicans can get their act together on major legislation, bank executives will be rewarded with a triple bounty of tax cuts: on their corporate taxes, their individual rates, and the Obamacare taxes that fall entirely on the wealthy.

But what’s the old saying about giving someone an inch and their taking a mile? Instead of smiling at their good fortune and getting down to the business of ripping off clients for profit, the world’s largest banks want to do less to stop drug lords, tax cheats, and terrorists from moving money through their institutions—at precisely the moment when the regulators are poised to walk off the field themselves.

The ask comes in the form of a report the Clearing House Association, a financial-industry trade group, released last week. The report proposed numerous reforms to the anti–money laundering (AML) compliance process, complaining that “the nation’s financial firms are effectively deputized to prevent, identify, investigate, and report criminal activity.”

Financial firms are forced into this duty because of a federal law, the Bank Secrecy Act, in place since 1970. Since banks, you know, perform banking transactions, they are uniquely positioned to detect when a drug lord or a sketchy hedge fund is trying to wash illicit money through legitimate channels. When transactions are larger than $5,000, or have hallmarks of terrorist financing, tax evasion, or money laundering, they must file a suspicious activity report (SAR) and deliver them to federal regulators. This provides raw data for law enforcement to connect the dots on criminal activity.

The report would have you believe that these SARs are so burdensome (“carefully crafted, highly detailed”) that they cost the industry more than it takes to fund the FBI. So to be clear, here’s what’s in a SAR: the subject of the transaction’s personal information, the date of the transaction, the name of the bank where it occurred and its contact information, and a written description of the activity.

That’s it.

If you think this is maybe less than a rigorous hurdle, you’re absolutely right. And it’s even more concerning when you consider that banks are truly terrible at anti–money laundering compliance. They’re fined for compliance failures all the time. Here’s one fine against Raymond James. And Credit Suisse. And Deutsche Bank. And Taiwanese firm Mega Bank. All of those were within the past nine months. For allowing the Sinaloa drug cartel and terrorist financiers to launder illegal cash for a decade, HSBC infamously paid $1.9 billion—but their compliance system remains so weak that the British Financial Conduct Authority opened an investigation just yesterday.

If this poor excuse for compliance costs banks billions of dollars, they aren’t as good with money as I thought.

This context can help us understand why financial firms might want to overhaul the AML process. For one, they don’t like spending money to follow the rules. Also, they don’t like spending money on settlements when they get caught not following the rules. And most important, they don’t like following the rules if it means cutting off business with less than reputable clients that can earn them lots and lots of money.

Therefore, the Clearing House report makes numerous recommendations for AML reform that all have the same bottom line: reducing the number of SARs that banks have to file. SARs don’t prioritize the most egregious financial crimes; therefore, it’s time to raise the dollar threshold that triggers such alerts. SARs are shackling innovative banks using imaginative methods to identify criminal behavior; therefore, regulators should propose a “safe harbor” allowing for such innovation (as opposed to writing SARs). The AML system creates collateral damage by discouraging banks from operating in poor neighborhoods or developing countries; therefore—oh, let’s not pretend there’s a point here, just let us stop writing SARs.

There isn’t a ton of evidence for these assertions: At one point the report states that fewer percentages of SARs “provide value to law enforcement,” based on… nothing: a footnote admits “such ratios have never been published for notice and comment.” A bigger problem is a total misunderstanding of the role of SARs. The report claims law enforcement should prioritize what transactions should be singled out, relieving the burden on banks. But SARs are really just a data stream, and shouldn’t be limited before the fact. Law enforcement already sets priorities based on a total review of available information. Constraining that makes no sense.

If banks stopped filing reports on suspect transactions, government can just spend unlimited resources to pick up the slack, the report asserts. “Government agencies now could develop technical resources and sophistication to mine financial data, reducing the need for SARs,” for example. The idea here is that banks would just supply a fire hose of data and let the government pick through it. I’m sure the Republican Congress will get right on finding the billions of dollars needed to satisfy that project. Even the report’s good ideas, like requiring that corporations reveal the beneficial owner (to prevent bad actors from using shell companies), need a highly unlikely act of Congress.

Shifting the burden from banks to regulators, in the expected permissive environment, will just lead to nobody doing the work, making the Panama Papers look like solid oversight. And that’s the end goal. Banks know that they won’t be seeing much of their regulators for the next four years. So if they can eliminate some of their AML responsibilities, they’ll have a clear field to pick up some, well, interesting new clients.

Bank trade groups issue reports like this all the time, claiming that the rules they must follow are outdated, or inefficient, or contradictory, or even harmful. But when they issue them in an environment predisposed to kill any rule even slightly stressful to industry, they carry far more weight. This is how deregulation gradually transforms from a few pebbles rolling down the mountain to an avalanche. Banks will never be satisfied with getting rid of just enough rules. They’ll always want to be freed from more rules and take more risks. And then one day everything will blow up in their face, and they’ll ask the regulators why they didn’t see it coming.

Originally published by The Nation

3 WAYS TO SHOW YOUR SUPPORT

ONE-TIME DONATION

Just use the simple form below to make a single direct donation.

DONATE NOW

MONTHLY DONATION

Be a sustaining sponsor. Give a reacurring monthly donation at any level.

GET SOME MERCH!

Now you can wear your support too! From T-Shirts to tote bags.

SHOP TODAY

Sign Up

Article Tabs

This last month has shown America that society will gladly tolerate vigilante violence, provided a vigilante chooses the right target.

President-elect Donald Trump isn’t just appointing incompetent buffoons to his Cabinet, but deeply immoral individuals who are completely lacking in family values.

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

The American people clearly spoke, and the drubbing Democrats received requires looking beyond just issue polls, voting patterns, campaign strategy, or get-out-the-vote tactics.

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

This last month has shown America that society will gladly tolerate vigilante violence, provided a vigilante chooses the right target.

If the Democrats’ theme of 2017 was Resistance, the theme for Democrats in 2025 needs to instead be Opposition — and these two GOP senators may be the models to emulate.

President-elect Donald Trump isn’t just appointing incompetent buffoons to his Cabinet, but deeply immoral individuals who are completely lacking in family values.

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

The country has never moved as close to the course it took under Benito Mussolini as it is doing now — and even if Meloni is not a neo-fascist politician, she has put herself in a position to appeal to and broaden fascism's political base.

On the eve of the historic November vote, it seems important to ask: What's wrong with men, how did we get here, and can we change this?

Posted 1 month 3 weeks ago

The recent decisions by two of the most influential national newspapers of record to not publish their endorsements of Vice President Kamala Harris says a lot about how seriously they take Trump’s threats to democracy and his promises of vengeance against his enemies.

Posted 1 month 3 weeks ago

The American people clearly spoke, and the drubbing Democrats received requires looking beyond just issue polls, voting patterns, campaign strategy, or get-out-the-vote tactics.

Posted 1 month 6 days ago

As Trump’s campaign grows increasingly bizarre, his team appears to be more tightly controlling his movements and carefully scripting his public appearances to minimize the negative impact his erratic behavior may have on undecided voters in swing states.

Posted 1 month 4 weeks ago

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.

Posted 2 weeks 6 days ago

The country has never moved as close to the course it took under Benito Mussolini as it is doing now — and even if Meloni is not a neo-fascist politician, she has put herself in a position to appeal to and broaden fascism's political base.

Biden cared more about the appearance of having an independent DOJ untainted by politics than he did about holding an unrepentant criminal ex-president accountable.