UniCredit’s German Unit Pleads Guilty in U.S. Sanctions Case

A German unit of the Italian bank UniCredit SpA pleaded guilty to U.S. charges that it allowed Iranian customers to conduct transactions in violation of sanctions.

As part of its settlement with several U.S. regulators, the bank will pay $1.3 billion and its Austrian unit will enter into a deferred-prosecution agreement. The bank’s German unit, HypoVereinsbank, will also enter a guilty plea in Manhattan to a state-level charge of violating books-and-records requirements.

The penalty is several hundred million dollars more than people familiar with the matter had expected. It’s also among the largest ever related to U.S. sanctions laws. On April 9, Standard Chartered Plc agreed to pay more than $1 billion to resolve a long-running investigation into its handling of transactions related to Iran.

Over a decade beginning in 2002, the German bank moved at least $393 million through the U.S. financial system on behalf of sanctioned entities, the U.S. Justice Department said. The Austrian unit of UniCredit also conspired to circumvent U.S. restrictions on Iranians, prosecutors said.

The bank handled billions of dollars in illegal and non-transparent transactions to clients in sanctioned countries including Cuba, Iran, Libya, Myanmar and Sudan, according to New York’s Department of Financial Services, which fined UniCredit $405 million as part of the settlement. The U.S. attorney’s office in Washington, the Treasury Department, the New York branch of the Federal Reserve Bank and the New York district attorney’s office also took part in the settlement.

The lender set aside 741 million euros ($838 million) in provisions and charges, including funds to settle the allegations, in the third quarter. The bank had also set aside some money for the matter earlier but declined to provide a total.

The settlement amount is covered fully by those set-asides, UniCredit said Monday in a written statement. The bank’s first-quarter earnings will be boosted by about 300 million euros after the penalty funds are released, the bank said. Its common equity tier 1 ratio, a key measure of financial strength, will improve by 8.5 basis points, it said.

UniCredit says it has implemented a “remediation and enhancement plan to strengthen its policies, procedures, supports and controls to ensure full compliance with applicable economic sanctions and internal control requirements,” it said. The bank said it would also further develop methods to prevent and detect illegal activity.

According the New York regulator, UniCredit implemented automated transaction filtering software, known as the “embargo tool,” in 2004 as part of its efforts to flag transactions that might run afoul of the U.S. Treasury’s Office of Foreign Assets Control.

The bank’s core compliance team came up with an instructional guide designed to help the bank’s employees work around the embargo tool -- by submitting payment orders in an “OFAC-neutral” manner that wouldn’t trigger any red flags, according to the New York regulator.

“UniCredit prioritized profit over compliance and security by deliberately engaging in billions of dollars of transactions with clients from sanctioned nations, including Iran, Libya and Cuba, and then working to cover their tracks to avoid detection,” said Linda Lacewell, the acting superintendent of the New York regulator.

UniCredit Chief Executive Officer Jean Pierre Mustier inherited the case when he took the helm in July 2016. HypoVereinsbank, the German unit, was subpoenaed in March 2011 by the New York district attorney’s office over transactions with certain Iranian entities.

UniCredit, Italy’s biggest bank, is one of several European financial institutions settling similar cases. Fifteen European banks have together paid more than $19.5 billion for violating U.S. sanctions against various countries. BNP Paribas SA’s $8.97 billion penalty in 2014 was the largest individual fine.

The settlement is the second for an Italian bank. Intesa Sanpaolo SpA, the country’s second-biggest lender, agreed to pay $235 million in Dec. 2016 to resolve a New York regulator’s allegations that it flouted money-laundering controls for a decade.

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UniCredit Said Near $900 Million Sanctions Accord With U.S.

UniCredit SpA is nearing an agreement with US authorities over allegations that the bank provided dollar-clearing services to Iranian clients in violation of US sanctions, people with the knowledge of the matter said. The deal would cost the Italian lender about USD 900 million but spare it from criminal prosecution, the people said.

A settlement of that size would be one of the largest for violations of U.S. sanctions laws, exceeded only by agreements reached with Societe Generale SA, Commerzbank AG, HSBC Holdings Plc and BNP Paribas SA. Among them, only BNP Paribas admitted guilt. The others entered into deferred-prosecution agreements.

“This is very positive for UniCredit because it eliminates one of the remaining pending risks for the bank,” said Fidentiis Equities analyst Fabrizio Bernardi. “This can improve UniCredit’s valuation for the future.

Chief Executive Officer Jean Pierre Mustier inherited the case from previous management when he took the who took the helm in July 2016. He announced provisions for related to the probe in November and said he didn’t expect it to have a material impact on the bank’s accounts.

A deal is expected in the coming weeks, the people said. It would resolve investigations of UniCredit by the U.S. Justice Department, the Treasury Department’s Office of Foreign Assets Control, the Federal Reserve, the Manhattan district attorney’s office and New York’s Department of Financial Services.

Representatives from those offices declined to comment or didn’t immediately respond to messages. A UniCredit spokesman declined to comment.

UniCredit rose as much as 2.3 percent in Milan trading and was priced at 12.10 euros as of 9:14 a.m. The stock has gained 21 percent this year, boosting the company’s market value to about 26 billion euros.

UniCredit’s German unit, HypoVereinsbank, was subpoenaed in March 2011 by the New York district attorney’s office over transactions with certain Iranian entities that were subject to U.S. sanctions. The lender set aside 741 million euros (USD 831 million) in provisions and charges, including funds to eventually settle the allegations in the third quarter. Additional funds were provisioned by HVB in the first half, according to the unit’s financial report.

UniCredit has declined to disclose the total amount of provisioning related to the sanctions. The bank’s provisions for the settlement are expected to fully cover the fine, one of the people familiar with the matter said.

Italy’s biggest bank, UniCredit is one of several European financial institutions settling cases for alleged sanctions-busting. Fifteen European banks have paid more than USD 18.5 billion over the last 15 years for violating U.S. sanctions on certain countries, particularly Iran. BNP Paribas’ USD 18.97 billion penalty in 2014 was by far the largest.

Standard Chartered Plc may also be getting close to settling allegations that it violated Iran sanctions. On Monday, it agreed to a short extension of its non-prosecution agreement with supervising authorities to “allow for additional time to resolve the outstanding investigation into our historical U.S. sanctions compliance.”

The UniCredit settlement would be the second by an Italian bank. Intesa Sanpaolo SpA, the country’s second-biggest bank, agreed to pay USD 235 million in December 2016 to resolve a New York regulator’s allegations that it flouted money-laundering controls for a decade.

Photo Credit: Bloomberg