Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Afmls Abn Motion to Dismiss

Afmls Abn Motion to Dismiss

Ratings: (0)|Views: 571|Likes:
Published by corruptioncurrents

More info:

Published by: corruptioncurrents on Dec 28, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/11/2012

pdf

text

original

 
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIAUNITED STATES OF AMERICA ::v. : CRIMINAL NO. 10-124 (CKK):The former ABN AMRO BANK N.V., :now known as :THE ROYAL BANK OF SCOTLAND N.V., ::Defendant. :
GOVERNMENT’S MOTION TO
DISMISS CRIMINAL INFORMATIONWITH PREJUDICE
Pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure, the United States
Attorney’s Office for the Di
strict of Columbia, along with the Asset Forfeiture and MoneyLaundering Section of the Criminal Division of the United States Department of Justice
(collectively, the “United States”),
hereby moves to dismiss the Criminal Information filed in theabove-captioned case against the defendant, the former ABN AMRO BANK N.V., now knownas ROYAL BANK OF SCOTLAND N.V. (hereinafter
RBS
 N.V.”)
. As grounds for thismotion, the government states as follows:1. On May 10, 2010, the United States filed a Criminal Information charging RBS N.V.with: (1) knowingly and willfully conspiring to defraud the United States Department of 
Treasury and the Office of Foreign Assets Control (“OFAC”), to commit violations of the
regulations promulgated under the International Emergency Economic Powers Act
(“IEEPA”)
,Title 50, United States Code, Section 1705, and to commit violations of the regulationspromulgated under the Trading with the Enemy Act
(“TWEA”)
, Title 50, United States CodeAppendix, Sections 1-6, 7-39 and 41-44; and (2) willfully failing to establish an adequate anti-money laundering program in violation of Title 31, United States Code, Section 5318(h) and5322.
Case 1:10-cr-00124-CKK Document 16 Filed 12/20/11 Page 1 of 4
 
2. On the same date, May 10, 2010, the United States and RBS N.V. entered into a one-year deferred prosecu
tion agreement (“DPA”), which was
filed with the Court. The DPArequired, among other things, that RBS N.V. and its employees acknowledge responsibility forits criminal conduct, which included: (a) methodically removing or falsifying references fromoutgoing United States Dollar payment messages that principally involved countries such as Iran,Libya, the Sudan and Cuba, banks from those countries, or persons listed as parties or jurisdictions sanctioned by OFAC; (b) advising sanctioned entities on how to evade automatedfilters at financial institutions in the United States; and (c) willfully failing to establish anadequate Bank Secrecy Act and anti-money laundering procedures or to conduct effective duediligence reviews concerning foreign correspondent accounts.3. As part of the DPA, RBS N.V. agreed to the following conditions: (a) to forfeit$500,000,000.00; (b) to continue to cooperate with the United States; (c) to terminate theconduct at issue in the DPA and referenced in the factual statement
attached to the DPA (“theFactual Statement”)
; (d) to demonstrate its good conduct and full compliance with internationalAnti-Money Laundering and Combating Financing of Terrorism best practices and theWolfsberg Anti-Money Laundering Principles for Correspondent Banking
(“WolfsbergPrinciples”)
; and (e) to settle any and all civil and criminal claims currently held by the UnitedStates for any act within the scope of, or related to the Factual Statement. The DPA wasoriginally scheduled to expire on May 10, 2011.4. Pursuant to paragraph 5(ii) of the DPA, if RBS N.V. fully complies with all of its
obligations under the DPA, the United States would “seek dismissal with prejudice of theInformation filed against [RBS N.V.].”
5. On April 5, 2011, the parties filed a Joint Motion for Approval of Extension of Deferred Prosecution Agreement and Exclusion of Time under the Speedy Trial Act. The parties
Case 1:10-cr-00124-CKK Document 16 Filed 12/20/11 Page 2 of 4
 
asked for the extension to address concerns raised by federal and state bank regulators followingbank examinations of RBS N.V.
1
On April 6, 2011, the Court granted the joint motion, andordered the DPA extended until December 31, 2011.6. With respect to
RBS N.V.’s
obligations under the DPA, the United States understandsand now states that:(a) RBS N.V. forfeited the $500,000,000.00 to the United States;(b) RBS N.V. has met its obligation of cooperating with the United States;(c) RBS N.V. voluntarily terminated the conduct at issue in the DPA and FactualStatement;(d) RBS N.V. is in compliance with international Anti-Money Laundering andCombating Financing of Terrorism best practices and the Wolfsberg Principles;(e) RBS N.V. has settled any and all civil and criminal claims currently held bythe United States; and(f) RBS N.V. is addressing the issues raised by the regulators in their Cease andDesist Order.7. As further set forth below, the United States has also conducted its own targeted duediligence in an effort to verify that RBS N.V. has complied with the provisions of the DPA:(a) A search of relevant law enforcement databases resulted in no informationthat would indicate RBS NV did not comply with the provisions of the DPA;
1
On July 26, 2011, the Board of Governors of the Federal Reserve System, the New York State BankingDepartment, the State of Connecticut Department of Banking, and the Illinois Department of Financial andProfessional Regulation entered into a Cease and Desist Order with RBS N.V. (among other related entities of TheRoyal Bank of Scotland) directing The Royal Bank of Scotland to strengthen corporate governance, board oversight,Bank Secrecy Act and anti-money laundering compliance, and Office of Foreign Assets Control compliance at The
Royal Bank of Scotland’s U.S. operations.
 
Case 1:10-cr-00124-CKK Document 16 Filed 12/20/11 Page 3 of 4

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->