28 September 2017

Money Laundering: Internal Affairs v. Ping An Finance

Failure to comply with money-laundering rules resulted in a $5.29 million penalty for Auckland currency remitter Ping An Finance.
Owned by Xiaolan Xiao, Ping An Finance (Group) New Zealand Ltd ostensibly operated as a low value remittance service from offices above Auckland’s Queen Street for Chinese migrants and students.  But Internal Affairs investigators unearthed a large-scale operation which over the 2014 calendar year handled transactions totalling over $105.4 million.  The High Court was told there had been a wholesale failure to carry out due diligence on customers as required by the Anti-Money Laundering and Countering Financing of Terrorism Act.  Proper customer records were not kept.  Mandatory reporting of high-value transactions was not carried out.  Justice Toogood said Mr Xiao misled Internal Affairs in the course of its investigation and demonstrated a complete disregard for the Act’s requirements.  Out of some 1500 transactions surveyed, 173 transactions raised suspicions.  They included multiple transactions with individual customers on the same day, or within a short period, transactions for large amounts and high-value cash deposits.  There were multiple transactions with 122 customers and no evidence of any customer identity recorded to properly identify their business.  The most egregious example was a $444,444 wire transfer by one customer in July 2014 followed up with three separate transactions by the same customer four days later transferring a further $700,000.
Failures to properly document transactions, conduct proper due diligence on customers or report suspicious transactions can lead to fines of up to two million dollars for each non-compliance resulting in a combined potential liability of some eight million dollars.  Classified as civil penalties, proof is required to the civil standard of proof only; on the balance of probabilities.
Neither Ping An Finance nor Mr Xiao defended Internal Affairs’ claim.  Born in Beijing, Mr Xiao is a New Zealand citizen. 
Internal Affairs v. Ping An Finance Group – High Court (28.09.17)

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