NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / Business / Companies / Banking and finance

Bank prepares for sanction busting US hearing

By Tom Bawden
Independent·
14 Aug, 2012 05:52 PM7 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

However the Standard Chartered sanctions-busting saga pans out, chief executive Peter Sands looks like a human political football.

As he limbers up for tomorrow's hearing into allegations that his bank aided hot-potato public enemies such as terrorists and arms dealers by laundering up to US$250 billion ($309 billion) of Iranian money, Sands knows he has to spearhead a political act of gymnastics worthy of an Olympic gold.

Standard Chartered is discussing a settlement with US regulators ahead of the hearing before the New York State Department of Financial Services.

The London-based bank is also looking at asking for a postponement of the hearing if it is close to striking a deal.

It has already indicated it will comply with one of the New York state regulator's requests that it appoint an external monitor to ensure it complies with US money-laundering rules.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

With US hostility to the City of London mounting after a series of banking scandals, a presidential campaign that is in full swing and an ambitious financial regulator in New York keen to make his name, there is clearly the political will to give Standard Chartered a good kicking.

And there have even been suggestions that the US' apparently increasing vigilance is fuelled by financial competition.

"You can't help wondering if all this beating up of British banks and bankers is starting to shade into protectionism; it might actually be at least partly motivated by jealousy of London's financial sector - a simple desire to knock a rival centre," London mayor Boris Johnson wrote in the Spectator.

Whatever the background, Sands is adamant that, while there is a grain of truth in the New York State Department of Finance (DFS) allegations, they are wildly overblown, largely inaccurate and have been released in a damaging and irresponsible manner.

Asked last week whether he thought - as many do - that Standard Chartered was being used as a political football by US regulators, Sands said: "It's not my place to comment on that."

Discover more

Banking and finance

US regulators accuse British bank of dirty deals with Iran

07 Aug 05:30 PM
Banking and finance

Report critical of ex-Barclays boss

19 Aug 05:30 PM

Standard Chartered, which focuses on emerging markets in Africa and Asia, has performed well during the banking crisis.

Few argue that the US has every right to impose tough penalties on those companies breaching sanctions against Iran - especially among banks, which have the potential to bust them on an industrial scale through thousands of hidden transactions that help to oil the wheels of terrorism and Iran's much-feared nuclear programme.

Advertisement
Advertise with NZME.

Lloyds TSB agreed a US$350 million settlement in September 2009 after admitting breaking international sanctions by secretly channelling Iranian and Sudanese money into the US banking system by deliberately falsifying wire transfers to disguise their origins in a process known as "wire-stripping".

Eleven months later, Barclays reached a US$298 million settlement over dealings with countries including Iran, while last month it emerged HSBC had flouted US sanctions on Iran. Meanwhile, in June ING Bank agreed to pay US$619 million in the biggest settlement of the lot.

The US first introduced sanctions against Iran in 1979 after the Islamic Revolution overthrew the government.

But the sanctions have been toughening in recent months, as politicians scramble to halt Iran's perceived efforts to pursue a nuclear bomb-making capability.

"The US has had very tough anti-laundering rules for a long time. They are designed to combat terrorism and nuclear development and are not to be treated as trivial housekeeping rules," said John Coffee, a law professor at Columbia University in New York.

"However, the Standard Chartered case looks different. The normal trait in these situations is for financial regulators to act in concert - but Ben Lawsky has stepped in front of his peers, possibly to get a greater share of the credit," Coffee adds.

Advertisement
Advertise with NZME.

Benjamin Lawsky is the ambitious New York regulator. Last week he broke ranks with the five other regulators who have been working on this case for the past couple of years to publish, without warning, a series of damning indictments on Standard Chartered which the bank was not prepared for - but which it quickly denied.

Lawsky's move is said to have created a good deal of tension among the other regulators, who view it as a bid to further his career at the expense of the investigation, which has yet to be completed.

Although Sands concedes some transactions between 2001 and 2007 busted US sanctions on Iran, their value was less than US$14 million, representing a minuscule fraction of the US$250 billion figure alleged by the DFS. Furthermore, the infringements amounted to honest mistakes - "small clerical errors" - rather than a conscious attempt to flout the sanctions.

At a hastily convened press conference Sands could barely contain his contempt for the New York regulator.

"There are lots of matters in that order which we don't recognise or we don't understand or are factually inaccurate," said Sands after returning early from his summer holiday, adding that some of the DFS findings "contradicts information we have given them".

Whatever the truth of the matter, Lawsky looks to have acted in haste.

Advertisement
Advertise with NZME.

Assuming that what Sands says is correct, the challenge Standard Chartered executives face tomorrow will be to demolish the case against the bank in a firm but cool and polite manner. Even though, with politicians baying for blood, it will be tempting to lash out.

Beyond that, given the backdrop of animosity towards British banks and the temptation for politicians and regulators to cash in, at least some shareholders and experts think that, whatever the truth, the bank should bite the bullet and go for a settlement.

"If Standard Chartered goes to trial, that will be suicidal," said Coffee. And if what Sands says isn't correct, a trial would be far more damaging still.

Lawsky, 42, has been touted as a future New York governor and, if his behaviour over Standard Chartered is anything to go by, he takes this tutelage seriously. By outing the Standard Chartered case before the other regulators were ready, he has made the group effort seem like his own.

A graduate of Columbia Law School, Lawsky worked as an assistant attorney in New York for five years and, more recently, as New York governor Andrew Cuomo's chief of staff.

His role model could be Eliot Spitzer, who made his name taking Wall Street's finest to task as New York's attorney-general between 1999 and 2006, going on to become state governor.

Advertisement
Advertise with NZME.

But here, Lawsky might seek to divert his course - Spitzer resigned as governor in 2008 after admitting to spending thousands of dollars on prostitutes.

LEARNING THE LINGO

WIRE STRIPPING

The practice of removing any coding from wire transfers, such as customer names, bank names and addresses, that would identify their origin so that they can pass undetected through filters at US institutions.

U-TURNS

Before they were outlawed in 2008, u-turns allowed US-based banks to process some dollar-denominated transactions for Iranian banks or individuals provided that a bank that was neither American nor Iranian acted as an intermediary on both sides of the deal.

Advertisement
Advertise with NZME.

NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES

The beefed-up New York financial services regulator, led by Benjamin Lawsky, was created last October through the merger of the state's banking and insurance supervisors. It regulates around 4400 entities with assets of about US$6.2 trillion.

OFFICE OF FOREIGN ASSETS CONTROL

The branch of the US Treasury that is responsible for administering and enforcing economic and trade sanctions.

- Independent

Save

    Share this article

Latest from Banking and finance

Premium
Banking and finance

'Misguided stunt': ANZ declines $300m legal settlement offer

Premium
AnalysisKate MacNamara

Reserve Bank's employee benefits: Gold standard or pretty standard?

Interest rates

Lower interest rates, more money printing - RBNZ considers response to ageing population


Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

Advertisement
Advertise with NZME.

Latest from Banking and finance

Premium
Premium
'Misguided stunt': ANZ declines $300m legal settlement offer
Banking and finance

'Misguided stunt': ANZ declines $300m legal settlement offer

David Seymour gets involved.

16 Jul 04:41 AM
Premium
Premium
Reserve Bank's employee benefits: Gold standard or pretty standard?
Kate MacNamara
AnalysisKate MacNamara

Reserve Bank's employee benefits: Gold standard or pretty standard?

16 Jul 03:00 AM
Lower interest rates, more money printing - RBNZ considers response to ageing population
Interest rates

Lower interest rates, more money printing - RBNZ considers response to ageing population

14 Jul 10:00 PM


Solar bat monitors uncover secrets of Auckland’s night sky
Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

06 Jul 09:47 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP