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  • 11
    Dec
    2012
    4:38am, EST

    Banking giant HSBC to pay record $1.9 billion in money-laundering case

    Stefan Wermuth / Reuters, file

    The investigation HSBC -- Europe's largest bank by market value -- has focused on the transfer of funds through the U.S. financial system from Mexican drug cartels and on behalf of nations like Iran that are under international sanctions.

    By NBC News staff and wire services

    British banking giant HSBC has agreed to pay more than $1.9 billion to U.S. authorities -- the largest penalty ever paid by a bank -- after failing to abide by anti-money laundering and sanctions laws, it said on Tuesday.

    The investigation of the bank -- Europe's largest by market value -- has focused on the transfer of funds through the U.S. financial system from Mexican drug cartels and on behalf of nations like Iran that are under international sanctions. 

    The bank said in a statement  that it had also “clawed back” bonuses from a number of senior staff, spent more than $290 million on “remedial measures” and taken steps to limit business in “countries that pose a high financial crime risk.”

    The statement added that the bank was also expected to finalize an agreement with the U.K. Financial Services Authority “shortly.”

    Stuart Gulliver, chief executive of HSBC Group, said in the statement that the bank was a “fundamentally different organization” now.

    "We accept responsibility for our past mistakes. We have said we are profoundly sorry for them, and we do so again,” he said.

    Related content:
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    "While we welcome the clarity that these agreements bring, ensuring the highest standards wherever we do business is an ongoing process,” Gulliver added. “We are committed to protecting the integrity of the global financial system. To this end we will continue to work closely with governments and regulators around the world."

    The statement, which included a string of measures taken by the bank to address the problems, also said that an independent monitor would assess HSBC’s progress over the five-year term of the agreement with the Justice Department.

    The agreement with the Justice Department noted that HSBC Bank USA and HSBC Group had "provided valuable assistance to law enforcement," according to the bank’s statement.

    U.S. and European banks have now agreed to settlements with U.S. regulators totaling some $5 billion in recent years on charges they violated U.S. sanctions and failed to police illicit transactions, Reuters reported.


    Follow @NBCNewsUS

    No bank or bank executives, however, have been indicted as prosecutors have instead utilized deferred prosecutions, the wire service said.

    Analyst Jim Antos, of Mizuho Securities, said the statement on Tuesday indicates an extra $420 million for the settlement costs, calling it a "trivial" figure in terms of the company's book value, Reuters reported.

    "But in terms of real cash terms, that's a huge fine to pay," Antos added, who rates HSBC a "buy."

    U.S. justice department officials are expected to detail the settlement later Tuesday, according to Reuters.

    HSBC's settlement comes a day after rival British bank Standard Chartered agreed to a $327 million settlement with U.S. law enforcement agencies for sanctions violations, a pact that follows a $340 million settlement the bank reached with the New York bank regulator in August.

    CNBC's Eamon Javers reports the detail on an investigation of HSBC's lending practices.

    Medicare fraud case
    Such settlements have become commonplace. In what had been the largest settlement until this week, ING Bank NV in June agreed to pay $619 million to settle U.S. government allegations it violated sanctions against countries including Cuba and Iran.

    Other banks that have reached settlements over sanctions violations are Credit Suisse Group, Lloyds Banking Group, Barclays and ABN Amro Holding NV.

    In the United States, J.P. Morgan Chase & Co., Wachovia Corp. and Citigroup Inc. have been cited for anti-money laundering lapses or sanctions violations.

    HSBC's failings date to 2003, when the Federal Reserve Bank of New York and New York state regulators ordered the bank to better monitor suspicious money flows.

    In 2010, a consent order from the Comptroller of the Currency (OCC) ordered HSBC to review suspicious transactions moving through the bank, Reuters reported. At the time, the OCC called HSBC's compliance program "ineffective."

    In 2008, the U.S. Attorney in Wheeling, West Virginia, began investigating HSBC and how a local pain doctor allegedly used the bank to launder Medicare fraud.

    Ultimately, that prosecutor's office came to believe the case was "the tip of the iceberg" in terms of the suspicious transactions conducted through HSBC, according to documents reviewed by Reuters and reported earlier this year.

    Reuters and The Associated Press contributed to this report.

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    84 comments

    I'm not surprised at all that HSBC was involved in this. I used them to purchase something through Best Buy, and I'll never finance again through either company. Hidden fees galore, and charges for account protection and similar things I blatantly told them I didn't want when I signed up.

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    Explore related topics: bank, money-laundering, prosecution, record, fine, hsbc, featured
  • 12
    Jun
    2012
    4:17am, EDT

    Massachusetts town approves $20 fine for swearing in public

    A Massachusetts town has instituted a new $20 fine for public cursing. WHDH-TV's Janet Wu reports.

    By msnbc.com staff and news services

    MIDDLEBOROUGH, Mass. -- Residents in Middleborough have voted to make the foul-mouthed among them pay fines for swearing in public.

    At a town meeting Monday night, residents voted 183-50 to approve a proposal from the police chief to impose a $20 fine on public profanity.

    Officials insist the proposal was not intended to censor casual or private conversations, but instead to crack down on loud, profanity-laden language used by teens and other young people in the downtown area and public parks.


    I'm really happy about it," Mimi Duphily, a store owner and former town selectwoman, said after the vote. "I'm sure there's going to be some fallout, but I think what we did was necessary."

    The measure could raise questions about First Amendment rights, but state law does allow towns to enforce local laws that give police the power to arrest anyone who "addresses another person with profane or obscene language" in a public place.

    Matthew Segal, legal director for the American Civil Liberties Union of Massachusetts, said the U.S. Supreme Court has ruled that the government cannot prohibit public speech just because it contains profanity.

    The ordinance gives police discretion over whether to ticket someone if they believe the cursing ban has been violated.

    Duphily, who runs an auto parts store, is among the downtown merchants who wanted take a stand against the kind of swearing that can make customers uncomfortable.

    "They'll sit on the bench and yell back and forth to each other with the foulest language. It's just so inappropriate," she said.

    Fined for free speech?
    Middleborough, a town of about 20,000 residents perhaps best known for its rich cranberry bogs, has had a bylaw against public profanity since 1968. But because that bylaw essentially makes cursing a crime, it has rarely if ever been enforced, officials said, because it simply would not merit the time and expense to pursue a case through the courts.

    The ordinance would decriminalize public profanity, allowing police to write tickets as they would for a traffic violation. It would also decriminalize certain types of disorderly conduct, public drinking and marijuana use, and dumping snow on a roadway.


    Follow @msnbc_us

    Segal praised Middleborough for reconsidering its bylaw against public profanity, but said fining people for it isn't much better.

    "Police officers who never enforced the bylaw might be tempted to issue these fines, and people might end up getting fined for constitutionally protected speech," he said.

    Another local merchant, Robert Saquet, described himself as "ambivalent" about the no-swearing proposal, likening it to try to enforce a ban on the seven dirty words of George Carlin, a nod to a famous sketch by the late comedian.

    "In view of words commonly used in movies and cable TV, it's kind of hard to define exactly what is obscene," said Paquet, who owns a downtown furniture store.

    But Duphily said, "I don't care what you do in private. It's in public what bothers me."

    The Boston Globe reported that Middleborough voters also approved a $50 fine for littering; a $50 fine for shoveling snow into the street; and a $300 fine for smoking marijuana in public.

    The Associated Press contributed to this report.

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    1250 comments

    What year is this? 1812?

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    Explore related topics: fine, public, massachusetts, featured, swearing, middleborough
  • 28
    Feb
    2012
    6:00am, EST

    Woman fined for faking cancer, raising money

    By msnbc.com staff and news services

    RICHMOND, Va. -- A suburban Richmond woman was fined $100 after admitting she faked cancer to raise money.

    The Richmond Times-Dispatch said that Martha Ann Nicholas pleaded guilty on Monday to two misdemeanor charges of obtaining money by false pretenses. Besides the fine, she was ordered by a judge to not take part in any charitable causes and placed on five years' probation.


    A 12-month jail sentence was suspended, the newspaper reported.

    The Mechanicsville woman had claimed at rallies that she was a cancer victim.

    Her attorney, Sam Simpson, said Nicholas has made restitution of $1,700, the total she had collected for herself.

    Nicholas had been suffering from a psychosomatic condition that made her believe she had a cancer-like illness, Simpson said.

    Her family said she is receiving counseling and told the Times-Dispatch that they were relieved she was not going to jail.

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    The Associated Press contributed to this report.

    165 comments

    I am a recent cancer survivor and have seen this disease on many "friends " in the waiting rooms for months.The little children, bald,gaunt and with saddened eyes beyond description as well as the ones with no facial expressions and no lite in their eyes! Pain is a common factor with hope and prayer …

    Show more
    Explore related topics: cancer, court, fine, fake, featured, crime-and-courts, martha-ann-nicholas

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