The
Australian Securities and Investments Commission has confirmed it will
investigate the Commonwealth Bank's handling of suspicions that its intelligent deposit machines were used by money launderers and criminal gangs.
Chairman
Greg Medcraft says the corporate regulator will investigate whether the CBA's board complied with continuous disclosure laws when it
decided not to alert investors to the suspicious behaviour.
Commonwealth
Bank chairman Catherine Livingstone said earlier this week that the bank's
board first became aware in the second half of 2015
that the CBA's intelligent deposit machines were at risk of being targeted by
criminal elements including money launderers.
Speaking
to a parliamentary joint committee in Sydney this morning, Mr Medcraft said
ASIC would look specifically at whether the CBA's officers and directors complied
with their disclosure duties under the Corporations Act.
"I
wanted to inform the committee that ASIC has commenced inquiries into this
matter and any consequences this matter has for the laws we administer,"
Mr Medcraft said.
Mr
Medcraft said the probe would examine whether the CBA complied with their
licensing obligations "to act efficiently, honestly and fairly" in
line with a requirement to report potential liabilities.
Chief
executive Ian Narev has rejected criticism that the bank's board should have
informed investors as soon as it became aware of the gravity of the money
laundering allegations.
"In
an organisation of this size there are individual items that come to the
attention of board and management from regulators and others all the
time," Mr Narev told the ABC on Wednesday.
"We
shouldn't and can't be in a situation where we could disclose every time
anything comes to our attention. That would end up being very confusing to the
market."
The
Treasurer Scott Morrison yesterday described the latest scandal engulfing the
Commonwealth Bank as "an epic fail" and "incredibly
serious".
Mr Morrison said the decision not to disclose
the suspicions to investors was one of the reasons he was "puzzled"
about the CBA's handling of the allegations.
Mr Medcraft noted that companies including the
CBA were not required to alert ASIC to breaches of anti-money laundering and
terror financing laws.
However, in his address to the parliamentary
committee Mr Medcraft repeated his earlier concerns about the importance of
culture in financial services firms.
"Our view is that culture is a set of
shared values and assumptions within an organisation," Mr Medcraft said.
"It reflects the underlying mindset of an
organisation and the unwritten rules for how things really work."
"If the culture and values of a business
are not aligned with customer outcomes it is easy to see how a trust deficit
will emerge and this will impact its long term sustainability."
Without specifically mentioning the
Commonwealth Bank, Mr Medcraft alluded to an earlier case involving the Centro
property group where disclosure rules were breached.
Mr Medcraft said directors needed to
"bring professional scepticism in exercising their role" while
ensuring the effectiveness of risk management systems.
The ASIC investigation of the money laundering
scandal is the latest chapter overshadowing the CBA's full year profit of $9.93
billion announced on Wednesday.
The financial intelligence agency AUSTRAC has
alleged that the Commonwealth breached anti money laundering regulations on
almost 54,000 occasions and failed to report suspicious activity when they
become aware.
The Commonwealth Bank is preparing a defence
while chief executive Ian Narev has conceded that "mistakes were
made" in the handling of the scandal.
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