TORONTO, Oct 10 (Reuters) - TD Bank became the
largest bank in U.S. history to plead guilty to Bank Secrecy Act
program failures on Thursday, and the first bank in history to
plead guilty to conspiracy to commit money laundering.
Below are comments from U.S. government officials describing
how TD's lapses led to $3 billion in penalties, an asset cap and
independent monitoring of its operations. Some quotes have been
edited for length.
U.S. ATTORNEY GENERAL MERRICK GARLAND:
"Over the course of a three-year period, a person who TD
Bank employees knew as David moved over $470 million in illicit
funds through TD Bank branches in the United States.
"He found that TD Bank had the most permissive policies and
procedures, and so chose to launder most of his funds there. He
also bribed TD bank employees more than $57,000 in gift cards.
"On more than one occasion, he deposited more than $1
million in cash in a single day, and immediately moved the funds
out of the bank using official bank checks and wire transfers.
"TD Bank employees at many levels understood and
acknowledged the likely illegality of David's activity. In
August 2021, a TD Bank store manager emailed another store
manager: 'Guys really need to shut this down, LOL.'
"In late 2020, another store manager employed his
supervisors, several TD Bank regional managers to act, noting
that, 'it is getting out of hand, and my tellers are at the
point that they don't feel comfortable handling these
transactions.'
"In February 2021, one TD Bank store employee saw that
David's network had purchased more than $1 million in official
bank checks with cash in a single day. The employee asked, 'how
is that not money laundering?' A back office employee responded,
'oh, it 100% is.'
"In a second, separate money laundering scheme, five TD Bank
employees conspired with criminal organizations to open and
maintain accounts at the bank that were used to launder $39
million to Colombia, including drug proceeds."
DEPUTY U.S. ATTORNEY GENERAL LISA MONACO
"This case should serve as a warning and a reminder that we
will hold corporate wrongdoers accountable, no matter their size
or their stature.
"Even as profits rose, the bank starved its compliance
program of the resources it needed to obey law. Time and time
again, TD Bank failed to meet its obligations.
"The problems were so widespread, so pervasive, that it was
only a matter of time before the bank's own employees could
exploit these failures and engage in money laundering
themselves. And that's exactly what happened.
"The financial penalty under today's resolution is based on
TD bank's failure to maintain an effective anti money laundering
program every single day from the beginning of 2014 to the end
of October 2023.
"Today's guilty plea and the resulting $1.8 billion penalty
represents the largest penalty ever imposed under the Bank
Secrecy Act, and it provides an unmistakable lesson: crime
doesn't pay, and neither does flouting compliance."
U.S. DEPUTY TREASURY SECRETARY WALLY ADEYEMO
"The vast majority of financial institutions work
hand-in-hand with Treasury to keep our country and our
communities safe. TD Bank has done the exact opposite.
"I want to be clear, these systemic failures did not just
create hypothetical vulnerabilities, but they resulted in actual
material harm to the American people and our communities.
"Unlike its peers, TD Bank prioritized growth and profits
over complying with the law, the bank enabled drug trafficking.
"TD Bank facilitated over $400 million in transactions to
launder money on behalf of criminals that were selling fentanyl
and other deadly drugs that are poisoning our neighborhoods."
PRINCIPAL DEPUTY U.S. ATTORNEY GENERAL NICOLE ARGENTIERI
"TD placed profits over compliance ... growing risks while
profits soared.
"The bank knew that it had pervasive and systemic
deficiencies in its AML (anti-money laundering) program,
including a transaction monitoring system that remained stagnant
over the course of 10 years, despite warnings from regulators,
consultants, even its own employees.
"AML employees joked that the bank's failed AML system made
TD an easy target and a convenient bank for bad actors, and they
were right."
ATTORNEY FOR THE DISTRICT OF NEW JERSEY PHILIP SELLINGER
"TD bank intentionally excluded common types of financial
transactions from its automated transaction monitoring system.
"From January 2018 to April 2024 TD bank failed to monitor
approximately 92% of its total transactions, amounting to
approximately $18.3 trillion of transaction activity.
"In April 2017 the bank began offering access to Zelle,
which allowed customers to transfer money using their mobile
devices. But TD bank effectively created no way to monitor
activity, so that, for example, a drug trafficker could transfer
thousands of dollars a month without being flagged.
"It's no wonder, then that the motto 'America's most
convenient bank' was used as a joke among employees to describe
TD Bank being convenient for criminals."