Featured Product

    Regulators Fine Goldman Sachs for Risk Management Failures

    October 23, 2020

    FCA and PRA in the UK, FED in the US, and the authorities in Singapore have fined Goldman Sachs for risk management failures in connection with the 1Malaysia Development Berhad (1MDB). The FCA and PRA fines are part of a USD 2.9 billion globally coordinated resolution reached with The Goldman Sachs Group Inc. and its subsidiaries. 1MDB is a Malaysian state-owned development company that has been at the center of billion-dollar embezzlement allegations. Goldman Sachs International underwrote, purchased, and arranged three bond transactions for 1MDB in 2012 and 2013 that raised a total of USD 6.5 billion for 1MDB. The 1MDB transactions were approved by global The Goldman Sachs Group Inc. committees that Goldman Sachs International participated in and were booked to Goldman Sachs International.

    FCA and PRA have fined Goldman Sachs International a total of GBP 96.6 million (USD 126 million) for risk management failures connected to 1MDB and its role in three fund raising transactions for 1MDB. The investigation found that Goldman Sachs International breached a number of FCA and PRA principles and rules. Specifically, GSI failed to:

    • Assess with due skill, care, and diligence the risk factors that arose in each of the 1MDB bond transactions on a sufficiently holistic basis
    • Assess and manage the risk of the involvement in the 1MDB bond transactions of a third party that Goldman Sachs International had serious concerns about
    • Exercise due skill, care, and diligence when managing allegations of bribery and misconduct in connection with 1MDB and the third 1MDB bond transaction
    • Record in sufficient detail the assessment and management of risk associated with the 1MDB bond transactions

    The USD 2.9 billion global resolution announced included, in addition to the FCA and PRA, the US Department of Justice, the US SEC, the FED, the New York Department of Financial Services, MAS, the Attorney-General’s Chambers Office, Singapore, and the Commercial Affairs Department of the Singapore Police Force. The global resolution is separate from the USD 3.9 billion settlement reached between The Goldman Sachs Group Inc. and the Government of Malaysia in August 2020. FED announced that it has fined the Goldman Sachs Group, Inc. USD 154 million for the firm's failure to maintain appropriate oversight, internal controls, and risk management with respect to Goldman's involvement in a far-reaching scheme to defraud a Malaysian state-owned investment and development company, 1Malaysia Development Berhad (1MDB).

    Additionally, in Singapore, a conditional warning was issued to Goldman Sachs Singapore Pte, which has committed to, among other things, paying USD 122 million to the Singapore Government’s Consolidated Fund within 5 working days from the date of the Conditional Warning. MAS has directed Goldman Sachs Singapore Pte to appoint an independent external party to review the measures taken by Goldman Sachs Singapore Pte to remediate deficiencies uncovered during an inspection conducted by MAS in 2016 on the company’s risk governance and controls in relation to the 1MDB bond offerings. MAS found lapses in the company's management oversight of enterprise-wide risk, inadequate documentation of risk assessments performed for the 1MDB bond offerings, and poor corrective actions taken for staff’s non-compliance with its policies and processes.


    Related Links

    Keywords: International, Europe, Americas, Asia Pacific, UK, US, Singapore, Banking, Goldman Sachs, Compliance Breach, FCA, PRA, FED, MAS

    Related Articles
    News

    APRA Sets LAC for D-SIBs, Proposes to Enhance Crisis Preparedness

    APRA issued a letter on the loss-absorbing capacity (LAC) requirements for domestic systemically important banks (D-SIBs) and published a discussion paper, along with the proposed the prudential standards on financial contingency planning (CPS 190) and resolution planning (CPS 900).

    December 02, 2021 WebPage Regulatory News
    News

    EC to Review Macro-Prudential Rules while ESRB Assesses Policy Stance

    The European Commission (EC) launched a call for evidence, until March 18, 2022, as part of a comprehensive review of the macro-prudential rules for the banking sector under the Capital Requirements Regulation (CRR) and Directive (CRD IV).

    December 01, 2021 WebPage Regulatory News
    News

    FSB Sets Out Good Practices for Crisis Management Groups

    The Financial Stability Board (FSB) published a report that sets out good practices for crisis management groups.

    November 30, 2021 WebPage Regulatory News
    News

    APRA Penalizes Heritage Bank for Incorrect Reporting of Capital

    The Australian Prudential Regulation Authority (APRA) found that Heritage Bank Limited had incorrectly reported capital because of weaknesses in operational risk and compliance frameworks, although the bank did not breach minimum prudential capital ratios at any point and remains well-capitalized.

    November 29, 2021 WebPage Regulatory News
    News

    OSFI Releases Annual Report 2021-2022

    The Office of the Superintendent of Financial Institutions (OSFI) released the annual report for 2020-2021.

    November 29, 2021 WebPage Regulatory News
    News

    OSFI Updates Timeline for Implementation of Certain Basel Rules

    Through a letter addressed to the banking sector entities, the Office of the Superintendent of Financial Institutions (OSFI) announced deferral of the domestic implementation of the final Basel III reforms from the first to the second quarter of 2023.

    November 29, 2021 WebPage Regulatory News
    News

    EC Defers Adoption of Regulatory Standards for Disclosures Under SFDR

    EIOPA recently published a letter in which EC is informing the European Parliament and Council that it could not adopt the set of draft regulatory technical standards for disclosures under the Sustainable Finance Disclosure Regulation (SFDR) within the stipulated three-month period, given their length and technical detail.

    November 29, 2021 WebPage Regulatory News
    News

    FCA Releases MIFIDPRU Application Forms and Third Set of Rules on IFPR

    The Financial Conduct Authority (FCA) published the third in a series of policy statements that set out rules to introduce the UK Investment Firm Prudential Regime (IFPR), which will take effect on January 01, 2022.

    November 29, 2021 WebPage Regulatory News
    News

    APRA Finalizes Capital Adequacy Standards for Banks

    The Australian Prudential Regulation Authority (APRA) published, along with a summary of its response to the consultation feedback, an information paper that summarizes the finalized capital framework that is in line with the internationally agreed Basel III requirements for banks.

    November 29, 2021 WebPage Regulatory News
    News

    CPMI-IOSCO Seek Comments on Access to Central Clearing and Portability

    The Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) issued a consultative report focusing on access to central counterparty (CCP) clearing and client-position portability.

    November 29, 2021 WebPage Regulatory News
    RESULTS 1 - 10 OF 7751