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BANK

US hits French bank BNP hit with $8.9m fine

BNP Paribas pleaded guilty Monday to US criminal charges of violating sanctions on Iran and Sudan for eight years and was fined a record $8.9 billion (€6.5 million).

US hits French bank BNP hit with $8.9m fine
BNP looks set to pay out billions of dollars in fines to the US for breaching sanctions with Iran and Sudan, according to reports. Photo: Dierk Schaefer/Flickr

The US Justice Department said France's largest bank deliberately hid thousands of transactions with the two countries as well as Myanmar and Cuba during 2004-2012 in what officials called a "complex and pervasive scheme" that top bank managers knew broke US law.

Officials called it the largest penalty ever obtained by the Justice Department in a criminal economic sanctions case, and the largest in any criminal case involving a bank.

"BNP went to elaborate lengths to conceal prohibited transactions, cover its tracks, and deceive United States authorities," Attorney General Eric Holder said.

The violations aided countries involved in terrorism and human rights violations, Holder said, "in many cases to the detriment of United States national security."

"This landmark resolution demonstrates the justice department's firm commitment to enforcing embargoes and other measures designed to protect America's security and our vital national interests," said Holder.

"This outcome should send a strong message to any institution, any institution anywhere in the world, that does business with the United States, that illegal conduct will simply not be tolerated."

The bank agreed to plead guilty to one count of conspiring to violate sanctions, making it the first bank found guilty in a sanctions case.

As part of the settlement, BNP will pay $8.83 billion as forfeiture of gains, split among several US agencies and authorities, and a $140 million fine.

It also agreed to give up US dollar clearing operations through its New York branch and other affiliates for one year in certain business lines like oil-related transactions, where officials say much of the misconduct took place.

And the bank is letting go of 13 employees, five of them top-level executives, including chief operating officer Georges Chodron de Courcel, who resigned in early June.

Violations 'permissible' in France, Europe 

France's banking regulator ACPR said BNP could "absorb the anticipated consequences" of the fine.

But the bank supervisory authority ACPR stressed that it had previously examined the liquidity and solvency of BNP and found it to be "quite solid."

BNP chief executive Jean-Laurent Bonnafe said the bank has "accepted its responsibility for its conduct" and noted that "certain employees deliberately circumvented US rules."

"Aside from these individual failings, there was also a lack of vigilance and responsiveness," Bonnafe said.

But he downplayed the violations of laws he called "complex" and that "evolve over time."

Such transactions "would have been considered permissible from a French and European regulatory standpoint," he said, but because they were dollar transactions they brought US penalties.

The details of the punishment had been widely leaked over the past weeks, and BNP said that, having already set aside €800 million ($1.1 billion) to cover the penalty, it would take another €5.8 billion charge in the second quarter.

US Assistant Attorney General Leslie Caldwell linked the severity of the penalty to both the bank's deliberate attempts to hide the activity and its non-cooperation with the investigation.

"Remarkably, BNP continued to engage in this criminal conduct even after being told by its own lawyers that what it was doing was illegal," Caldwell said.

"Not only did BNP commit severe criminal acts, but then, BNP hindered our ability to prosecute the individuals that engaged in that wrongdoing. It must now accept the criminal consequences of its actions."

Federal Bureau of Investigation Director James Comey said the punishment was also a message to shareholders to demand better behavior from corporate management. "The $9 billion is your money," he said to BNP investors.

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PUNISHMENT

Norwegian prime minister fined for Covid-19 rules breach

Erna Solberg has been fined 20,000 kroner for her role in planning a dinner party at a restaurant in Geilo, southern Norway, in February.

Norwegian prime minister fined for Covid-19 rules breach
Instagram erna_solberg

The South East police district has finished its investigation into the episode and concluded that there was a breach of national infection control rules.

The Prime Minister broke infection control measures when 13 family members were gathered at the restaurant in Geilo, a popular skiing destination. At the time, only 10 people could gather in such settings.

“I take note of the police decision. I have previously said that if the restaurant visit is followed up with fines, then we will of course make up for it. I apologise for what happened and will pay the fine,” Solberg said in a statement .

Despite not being present at the meal, due to having an eye checkup in Oslo, Solberg is considered to be one of the event’s organisers as she participated in the decision to host the dinner and was involved in choosing a restaurant.

Despite police saying his role would also fall under that of an organiser, the prime minister’s husband, Sindre Finnes, will not be fined.

“The practical arrangements were made by Solberg’s husband, but Solberg was involved in the decision to eat out,” police chief Ole B. Sæverud said at a press conference.

The police said that such a case would not normally lead to punishment, unless special considerations dictate it.

They believe that this case meets the special considerations criteria as finding Solberg guilty without any punishment could have a negative impact on the population’s compliance with coronavirus restrictions.

“Even though the law is equal for everyone, not everyone is equal. Solberg is the country’s foremost elected official and has on a number of occasions fronted the government’s decisions on measures to counter the pandemic. It is therefore considered appropriate to react with punishment, in order to maintain the public’s trust in the infection control rules,” Sæverud said.

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The restaurant Solberg’s family ate at, Hallingstuene, will not receive a fine.

“If we had come across the incident while it was taking place, we would have clarified the regulations and, if necessary, given orders to end the event. A punitive response would only be considered if the event was carried out in a clearly contagious manner, or there was a case of repeated violation,” said Sæverud.

The prime minister’s family met twice over a weekend in late February as part of her 60th birthday celebrations in Geilo. On the Saturday there were more than 10 people present at an apartment they had rented. However, as the regulations were unclear at the time police said that this was not a criminal violation.

Solberg apologised for the breach when it was first reported in March.

“I, who every single day stand and speak about infection control to the Norwegian people, should have known the rules better. But the truth is that I have not checked the rules well enough, and thus not realiisd that when a family goes out together and there are more than ten persons, it is actually an event,” she said at the time.  

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