Toronto-Dominion Bank has agreed to pay fines totalling about US$3.09 billion from U.S. regulators after pleading guilty to multiple charges related to failures in its anti-money laundering program.
U.S. Attorney General Merrick Garland said in a Thursday afternoon press conference that TD has become the largest bank in U.S. history to plead guilty to Bank Secrecy Act program failures and the first to admit to conspiracy to commit money laundering.
The total fine includes a US$1.8 billion settlement with the U.S. Department of Justice and U.S. AttorneyB次元官网网址檚 Office for the District of New Jersey related to their investigation. The U.S. Financial Crimes Enforcement Network handed TD a US$1.3 billion penalty.
The bank also received a cease-and-desist order, a US$450 million penalty and non-financial sanctions from the Office of the Comptroller of the Currency that put limits on its growth in the U.S. after it found TDB次元官网网址檚 transaction monitoring program had B次元官网网址渟ignificant, systemic breakdowns.B次元官网网址
Garland said TD created an environment B次元官网网址渢hat allowed financial crime to flourish.B次元官网网址
B次元官网网址淭here is nothing wrong with a bank that tries to make its services convenient for its honest customers, but there is something terribly wrong with a bank that knowingly makes its services convenient for criminals,B次元官网网址 he told reporters at the news conference.
B次元官网网址淭D Bank chose profits over compliance in order to keep its costs down. That decision is now costing the bank billions of dollars in criminal and civil penalties.B次元官网网址
TD said the fines will be mostly covered by previous provisions it set aside totalling US$3.05 billion. It has also agreed to remediate its anti-money laundering program and be subject to formal oversight of that process.
The total assets of TDB次元官网网址檚 two U.S. banking subsidiaries cannot exceed US$434 billion as part of the sanctions. That restriction does not apply to TD Securities or any of the bankB次元官网网址檚 Canadian or other global businesses.
TD will be subject to more stringent approval processes in the U.S. for new bank products, services, markets and stores.
TD chief executive Bharat Masrani called it a B次元官网网址渄ifficult chapter in our bankB次元官网网址檚 history.B次元官网网址
B次元官网网址淭his is on us. We own it. We should have done better,B次元官网网址 Masrani told analysts on a conference call on Thursday.
B次元官网网址淲e know what the issues are. We are fixing them as we move forward. WeB次元官网网址檙e ensuring that this never happens again. This is a sad day in our history, but we know what we have to do to go forward.B次元官网网址
Last month, Masrani said the shortcomings were his to bear as the bank announced Raymond Chun will replace him upon his retirement next year.
The probes have been a major overhang for the bank and helped scuttle its proposed US$13.4-billion acquisition of U.S. bank First Horizon Corp. last year.
Garland said the bank admitted in its plea agreement it allowed three money laundering networks to transfer more than US$670 million through TD Bank accounts over a six-year period.
At least one of those schemes involved five TD Bank employees who conspired with criminal organizations to open and maintain accounts at the bank which were used to launder US$39 million to Colombia, including money from drug proceeds, said Garland.
B次元官网网址淎t various times, high-level executives, including the person who became the bankB次元官网网址檚 chief anti-money laundering officer, knew there were serious problems with the bankB次元官网网址檚 anti-money laundering program, but the bank failed to correct them,B次元官网网址 he said.
In total, the U.S. Department of Justice has prosecuted two dozen people for their involvement in those money laundering schemes, said Garland. He said the justice department has charged two TD employees for their involvement in one of those schemes.
Due to the settlement, TD said 2025 would be a B次元官网网址渢ransition yearB次元官网网址 with short-term costs that will necessitate a balance sheet restructuring by the bank. It said it will reduce U.S. assets by around 10 per cent in 2025 and maintain elevated levels of liquidity as part of that plan.
In a statement, CanadaB次元官网网址檚 banking regulator thanked U.S. authorities for their B次元官网网址渟ustained and continuing engagement in this matter.B次元官网网址
B次元官网网址淒eficiencies in any institutionB次元官网网址檚 anti-money laundering regime are a prudential risk,B次元官网网址 said Peter Routledge, superintendent of financial institutions.
B次元官网网址淚n cases where such deficiencies arise, OSFI expects and can require the board and management of an institution to take the necessary corrective measures without delay and with particular emphasis on corporate governance, compliance, and financial and operational resilience.B次元官网网址