Sat, Mar 21, 2015 - Page 15 News List

Bank of New York Mellon to pay US$714m in forex case

PREFERENTIAL RATES:The bank admitted it gave the worst possible forex rates to clients, and said that it would fire several executives guilty of fraud


Bank of New York Mellon Corp (BNYM) is to pay US$714 million to settle charges it cheated customers of its custodial services in foreign exchange deals, US justice authorities said on Thursday.

The bank was accused in civil fraud lawsuits by the US Department of Justice, New York state and private clients of systematically overcharging clients by giving them the worst rates possible in foreign exchange transactions.

“Contrary to representations to clients that it provided ‘best rates’ and ‘best execution,’ the bank actually gave clients the worst reported interbank rates of the trading day,” the Department of Justice said in the announcement.

BNYM is to pay US$335 million to the US and New York state governments. Another US$335 million is to settle private class action lawsuits from customers, while US$30 million is to go to the US Securities and Exchange Commission, and US$14 million to the US Department of Labor.

The bank, which admits the conduct, also agreed to dismiss several executives involved in the fraud, the Department of Justice said.

“The Bank of New York Mellon’s custody clients, many of whom are public pension funds and non-profit organizations, trusted the bank to be honest about the financial services it was providing and to deal with them fairly. BNYM and its executives, motivated by outsized profits and bonuses, breached this trust and repeatedly misled clients,” US Attorney for the Southern District of New York Preet Bharara said.

In a statement, the bank made no reference to the nature of the charges, but it said the penalties were fully covered by existing reserves.

“We are pleased to put these legacy FX matters behind us, which is in the best interest of our company and our constituents. We continue to improve our product offerings to ensure they are meeting client demand and positioning clients to succeed in an increasingly complex financial environment,” the company said.

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