Wednesday, August 15, 2012

Reuters: Regulatory News: UPDATE 5-StanChart eyes joint deal after backing down in U.S.

Reuters: Regulatory News
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UPDATE 5-StanChart eyes joint deal after backing down in U.S.
Aug 16th 2012, 05:12

Thu Aug 16, 2012 1:12am EDT

  * Negotiations accelerate with other agencies after NY deal      * Slump in share price led to "pragmatic" deal      * Shares rise 4.1 percent in London on Tuesday      * Bank sued by victims of 1983 U.S. Marine bombing in Beirut          By Matt Scuffham and Grant McCool      LONDON/NEW YORK, Aug 15 (Reuters) - Standard Chartered   is pursuing a collective settlement with other U.S.  authorities after agreeing to pay $340 million to New York's  financial regulator under mounting pressure from shareholders.      The bank said it made a "pragmatic decision" to settle after  having seen its share price slump by more than 30 percent at one  stage last week, following accusations that it concealed  Iran-linked transactions worth a total of $250 billion.      The transactions were at the centre of a fresh legal  challenge on Wednesday when the estates of victims of the 1983  bombing of U.S. Marine barracks sued the bank. The suit claimed  the transactions were part of Iran's efforts to avoid judgements  against it over the bombing.      With the New York settlement agreed, subject to formalities,  the bank's U.S. lawyers at Sullivan & Cromwell will look to  accelerate talks with other U.S. agencies to enable Standard  Chartered to draw a line under an episode that has caused  lasting damage to its reputation.      "Negotiations are going on between the other agencies, and  we are talking to them. It is safe to assume we are now seeking  a collective agreement with the other agencies," a spokesman for  the bank said on Wednesday, declining to put a time frame on the  process.      The spokesman had earlier said a collective deal with the  other agencies was likely. Subsequently he said this was not the  case, only that a collective agreement was the outcome the bank  was seeking.      Having cut short a family vacation in Canada last week,  Chief Executive Peter Sands is now pushing for a comprehensive  deal that removes lingering uncertainty. The bank is still the  subject of probes by the U.S. Treasury, the Federal Reserve, the  Justice Department and New York prosecutors.        Shares of Standard Chartered rose 4.1 percent to close at  1,429.35 pence, still well below their value before the  accusations against the bank on Aug. 6.       "I think Standard Chartered wanted to settle because the  share price had become destabilised," said one of the bank's 30  biggest investors. "Prior to that, I think they believed they  had good legal grounds to resist a settlement of, say, under  $200 million on the basis of the history of these cases."      New York's financial services superintendent, Benjamin  Lawsky, described Standard Chartered as a "rogue institution"  for breaching U.S. sanctions by concealing information about  funds linked to Iran.      The affair has taken on a political dimension, with British  members of parliament suggesting that the lack of coordination  between Lawsky and other regulators showed bias against London.       British Finance Minister George Osborne made a series of  phone calls to his U.S. counterpart last week, expressing  concern at the way details of the case came out. John Mann, a  member of parliament's finance committee, said there was a  "political onslaught" in the United States against British  banks.      A civil lawsuit filed in the U.S. district court in  Manhattan said concealment of transactions through Standard  Chartered "are part and parcel of Iran's longstanding,  determined efforts to evade collection of the judgment, and  other judgments."       The estates of the Beirut bombing victims obtained a  judgment of $2.6 billion in compensatory damages against Iran in  2007, the lawsuit said.       Standard Chartered spokeswoman Julie Gibson said the bank's  policy is not to discuss pending litigation.      In response to the New York regulator's case, Sands  initially rejected Lawsky's accusations in strong terms. His  decision to give the green light to a hefty settlement just days  later has been viewed as a climb-down, but he maintains the  support of investors and is likely to survive.      "I don't think Peter Sands's reputation has been damaged  much by the affair. The fact that his robust defence doesn't  quite gel with the size of the fine would be the only real  concern," said one of the bank's biggest 40 shareholders.      Simon Morris, a lawyer at CMC Cameron McKenna, questioned  why the bank had paid such a hefty fine following its strong  denial of the allegations. Sands said last week that only a tiny  proportion of the bank's Iran-related deals -- worth less than  $14 million -- were questionable under U.S. sanctions rules.      "Last week there was a flat denial of wrongdoing, so this  would make $340 million an immense penalty for the 0.1 percent  of transactions that supposedly slipped through the net," he  said.      "But if you assume some underlying truth in the allegations,  then it is a middling settlement - still a hefty price to pay  for a continuing licence to run a branch in New York."         Sands, a 50-year-old former McKinsey consultant, has run the  Asia-focused bank for the past six years and his success in the  role had even made him a possible candidate for the job of  governor of the Bank of England. Earlier this month, Standard  Chartered reported a strong first-half performance, setting it  up for a 10th straight year of record profits.       Monday's settlement offered some relief to shareholders, but  investors were quick to point out that Standard Chartered still  had some way to go before closing the most regrettable chapter  in its history.      "Don't forget about the other half of the fine - they  haven't settled with the DoJ/OFAC yet," one of the bank's  biggest 30 investors said, referring to the U.S. Department of  Justice and the Treasury's Office of Foreign Assets Control. He  estimated a second financial hit of around the same size.  
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