Feb 27 (Reuters) - HSBC Holdings Plc said on Monday it
will likely face criminal or civil charges from an expanding
investigation into its ties to allegedly illegal money
transactions, including some tied to Iran.
The disclosure in a regulatory filing shows the increasingly
serious nature of inquiries into the London-based bank's
business.
HSBC already is the subject of multiple U.S. law-enforcement
probes for ties to illegal money transactions. Monday's filing
was the first time the bank disclosed that Iranian transactions
are under scrutiny and that it could face a criminal charge.
The bank's HSBC USA Inc unit said investigations are being
conducted by the Justice Department, the district attorney in
Manhattan, two Treasury department agencies and the Federal
Reserve. It said those inquiries were examining "historical
transactions involving Iranian parties and other parties subject
to" U.S. economic sanctions. Financial institutions doing
business in the United States are prohibited from aiding
sanctioned countries or banks.
In recent years, the Manhattan district attorney and Justice
Department have settled with a number of European banks that
operated transfer systems for Iranian clients. Banks aided
clients trying to improperly move money by removing, or
stripping out, references that could tip off a U.S. bank system
to a transaction tied to Iran or another sanctioned state.
HSBC disclosed the new details in a filing with the U.S.
Securities and Exchange Commission as part of the bank's 2011
annual results. HSBC USA provides commercial and consumer
banking and operates 461 branches. The bank previously said in
securities filings that it was facing inquiries and it had
received grand jury subpoenas.
Last month, Reuters reported that HSBC was under
investigation by a U.S. Senate panel in a money-laundering
inquiry. In January, HSBC named former top U.S. Treasury
Department official Stuart Levey as its chief legal officer.
Levey had specialized in combating terrorism financing before
leaving the Treasury Department last year.
In the filing on Monday, HSBC also highlighted the serious
nature of the U.S. investigations. It disclosed that it is
likely "there will be some form of formal enforcement action,
which may be criminal or civil in nature."
In a statement, an HSBC spokesman said: "The change in the
disclosure reflects the fact that the investigations have
developed over the course of the year, and we can now say that
some form of formal enforcement action is likely and that it may
be criminal or civil in nature."
The bank suggested in the SEC filing that the U.S. inquiries
could result in a deferred prosecution. That type of agreement
with prosecutors requires a bank to acknowledge criminal
wrongdoing and leaves the door open for further prosecution if
more violations occur.
In its filing, the HSBC unit said: "Investigations of
several other financial institutions in recent years ... have
resulted in settlements. Some of those settlements involved the
filing of criminal charges, in some cases including agreements
to defer prosecution of these charges, and the imposition of
fines and penalties."
HSBC added that the fines and penalties paid by other
institutions were "significant." The bank said in the securities
filing it is "cooperating fully and engaging in efforts to
resolve these matters."
(Reporting by Carrick Mollenkamp)
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