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10. There were at least four significant failures in HSBC Bank USA's AML [Anti-Money Laundering] program that facilitated the laundering of drug trafficking proceeds through HSBC Bank USA:
a. Failure to obtain or maintain due diligence or KYC information on HSBC Group Affiliates, including HSBC Mexico;
b. Failure to monitor over $200 trillion in wire transfers between 2006 and 2009 from customers located in countries that HSBC Bank USA classified as "standard" or "medium" risk, including over $670 billion in wire transfers from HSBC Mexico;
c. Failure to monitor billions of dollars in purchases of physical U.S. dollars ("banknotes") between June 2006 and July 2009 from HSBC Group Affiliates, including over $10.5 billion from HSBC Mexico; and
d. Failure to provide adequate staffing and other resources to maintain an effective AML program.
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16. From 2006 to 2009, HSBC Bank USA knowingly set the thresholds in CAMP so that wire transfers by customers, including foreign financial institutions with correspondent accounts, located in countries categorized as standard or medium risk would not be reviewed. Only transactions that involved customers in countries rated as cautionary or high risk were reviewed by CAMP. During this period, HSBC Bank USA processed over 100 million wire transfers totaling over $300 trillion. Over two-thirds of these transactions involved customers in standard or medium risk countries. Therefore, in this four-year period alone, over $200 trillion in wire transfers were not reviewed in CAMP.
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18. Despite this evidence of the serious money laundering risks associated with doing business in Mexico, from at least 2006 to 2009, HSBC Bank USA rated Mexico as standard risk, its lowest AML risk category. As a result, wire transfers originating from Mexico were generally not reviewed in the CAMP system, including transactions from HSBC Mexico. From 2006 until April 2009, when HSBC Bank USA raised Mexico's risk rating to high, over 316,000 transactions worth over $670 billion from HSBC Mexico alone were excluded from monitoring in the CAMP system.
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63. From at least 2000 through 2006, HSBC Group knowingly and willfully engaged in conduct and practices outside the United States that caused HSBC Bank USA and other Financial institutions located in the United States to process payments in violation of U.S. sanctions. To hide these illegal transactions, HSBC Group altered and routed payment messages to ensure that payments violating IEEPA, TWEA, and OFAC regulations cleared without difficulty through HSBC Bank USA and other U.S. financial institutions in New York County and elsewhere. The total value of OFAC-prohibited transactions for the period of HSBC Group's review, from 2000 through 2006, was approximately $660 million. This includes approximately $250 million on behalf of Sanctioned Entities in Burma; $183 million on behalf of Sanctioned Entities in Iran; $169 million on behalf of Sanctioned Entities in Sudan; $30 million on behalf of Sanctioned Entities in Cuba; and $28 million on behalf of Sanctioned Entities in Libya.
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7. As a result of the Bank's conduct, including the conduct set forth in the Statement of Facts, the parties agree the Department could institute a civil and/or criminal forfeiture action against certain funds held by the Bank and that such funds would be forfeitable pursuant to Title 18, United States Code, Sections 981 and 982. The Bank hereby acknowledges that at least $881,000,000 was involved in transactions, in violation of Title 18, United States Code, Sections 1956 and 1957; and that at least $375,000,000 was involved in transactions in violation of Title 50, United States Code, Appendix, Sections 3, 5 and 16 and the regulations issued thereunder, or Title 50, United States Code, Section 1705 and the regulations issued thereunder. In lieu of a criminal prosecution and related forfeiture, the Bank hereby agrees to pay to the United States the sum of $1,256,000,000 (the "Forfeiture Amount"). The Bank hereby agrees the funds paid by the Bank pursuant to this Agreement shall be considered substitute res for the purpose of forfeiture to the United States pursuant to Title 18, United States Code, Sections 981 and 982, and the Bank releases any and all claims it may have to such funds.