Fine wine, fast profits

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Published Jan 8, 2017

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Singapore

- He was the leader of one of the largest mass defections in private

banking history, with more than 100 staff following him from RBS

Coutts Bank in the thick of the global credit crisis to create a

financial phenomenon in Singapore at a little-known Swiss bank.

Hanspeter

Brunner, together with former deputy Raj Sriram and chief operating

officer Gary Tucker, were the kernel of a plan by BSI, founded in

1873 in Lugano, to build up a $10 billion wealth-management business

serving the burgeoning ranks of Asia’s millionaires.

Brunner,

a veteran Swiss private banker who has spent more than two decades in

Asia, offered his Coutts colleagues an extraordinary lifeboat.

Then-parent Royal Bank of Scotland Group was being bailed out by the

U.K. government, while all around the financial industry was

culling tens of thousands of jobs.

Brunner

knew every banker, analyst, back-office worker and client at Coutts,

according to people familiar with the move. When he went to BSI, even

the pantry lady followed, three of the people said. This wasn’t

just a chance for BSI to grab a few star talents in the cutthroat

world of private banking in Asia, this was a wholesale exodus.

Brunner’s lawyer Ng Lip Chih of NLC Law Asia declined to comment.

The

mass move to BSI Bank Ltd., the Singapore unit, forged a sense of

camaraderie among the defectors and cemented a bond with Brunner, who

managed to negotiate pay increases of as much as 40 percent,

according to the people, who didn’t want to be named because of the

sensitivity of the matter. BSI’s payroll swelled from 30 employees

to 200 within a year, according to a company report.

They

little knew that Brunner was bringing them from one crash to another.

In May, Singapore’s financial watchdog ordered the bank to shut its

operations in the city-state, blasting BSI as the nation’s worst

case of banking misconduct.

The

reason was BSI’s links with 1Malaysia Development, the Malaysian

state investment fund at the center of a series of international

fraud investigations, and wealthy Malaysian financier Low Taek Jho,

known as Jho Low.

A

laissez-faire attitude meant deals were done with insufficient

oversight, according to documents filed in a Singapore state

court by Yak Yew Chee, 1MDB’s and Low’s former wealth

manager. With BSI determined to grow fast, there were cases of deals

happening against the advice of a bank compliance officer, the

documents show.

Brunner

had put in place compliance rules when he built up BSI Bank, but some

of those involved in handling the accounts of Low and 1MDB didn’t

follow the rules, a person with knowledge of Brunner’s actions

said.

“There’s

pressure within banks and industry to get the deal done, but the

reality is that if you get the deal done without compliance checks

that’s going to come back and bite you,” said Andre Jumabhoy, a

former prosecutor and an enforcement lawyer at K&L Gates in

Singapore. “Certainly that would appear to be the case with BSI.”

As

business rolled in from 1MDB and Low, BSI became the custodian bank

of $2.3 billion of investments from the Malaysian fund, according to

a report from a Malaysian parliamentary hearing. Yak and team members

were lauded by Brunner and his bosses in Lugano, who handed out

bonuses as big as S$5.5 million ($3.8 million), according to court

papers filed by Yak.

Brunner,

voted “Outstanding Private Banker Asia Pacific” in 2008 by

Private Banker International, promoted a collegial environment and

built strong personal relationships, according to people who worked

with him. He made a point of walking the floors of the bank at least

once a week to meet and chat with people. He would take groups of

colleagues out for lunch or drinks and invite senior ones to dinner

at his S$8.7 million conservation home near the city’s main

shopping district.

Straits

Chinese

The

house in Cairnhill Road, an old Straits Chinese home, was described

by the real-estate vendor as “like living in the royal palace.”

Brunner filled it with Asian artifacts from his trips around the

region, Persian carpets and fine red wines, according to people who

have been to the house and pictures posted on an architectural firm’s

website. He had traditional Chinese doors installed and hunted down

tiles made in Vietnam.

Former

coworkers described Brunner as a man who celebrated success, often

opening his home to staff for an annual party. Along with the wine,

he collected contemporary Asian art, some of which adorned his

office.

But

as the success mounted, so did the investigations.

‘Biggest

customer’

1MDB

became the subject of probes stretching from the US to Switzerland

over money laundering and corruption allegations where billions of

dollars may have been drained from the fund. Prosecutors began to

raise questions about the millions flowing through BSI and accounts

controlled by Low.

Low

was BSI’s “biggest and most important customer,” Yak said in a

mitigation plea in November after being charged in Singapore with

offenses related to transactions allegedly involving Low. US

prosecutors characterized Low as the controller of an illicit

payments scheme that drained billions from 1MDB. Low has described

his role with 1MDB as informal consulting that didn’t break any

laws.

Calls

to Low’s Jynwel Capital in Hong Kong weren’t answered. He has not

been charged with any offense and 1MDB has consistently denied any

wrongdoing.

In

his mitigation plea, Yak, Low’s former private wealth manager, said

“BSI’s management was always prepared to act on Low’s requests

and give Low the benefit of the doubt.”

A

BSI compliance officer on November 6, 2012, flagged Low’s circular

flow of funds to his father and back to him as “nebulous to say the

least and not acceptable in compliance’s view,” according to

court records filed in Yak’s case. Despite this warning, the

transactions were eventually processed, according to the filing. BSI

spokesman Luciano Crobu declined to comment for this story. Attempts

to contact Low’s father were unsuccessful.

‘Dereliction

of duty’

That

breach was among 41 lapses at BSI uncovered by the Monetary Authority

of Singapore. The regulator slammed BSI for having a “pervasive

pattern of non-compliance” and found “considerable evidence of

gross dereliction of duty.”

Heads

soon began to roll from Brunner’s team. Yak, 58, was given an

18-week jail term and fined S$24 000 after being convicted in

November of forging documents and failing to disclose suspicious

transactions allegedly related to Low. Yvonne Seah Yew Foong was

jailed for two weeks and fined S$10 000 on December 16 for similar

offenses. Lawyers for Yak and Seah said they didn’t appeal.

Then

on December 22, Yeo Jiawei, 34, a former wealth planner at BSI, was

sentenced to 30 months in prison, the longest term yet handed down by

the courts in Singapore’s probes linked to 1MDB. Yeo’s lawyer

said he’s appealing.

Giving

testimony in Yeo’s trial, former head of wealth management

services  Kevin Swampillai said BSI’s management in Singapore

was a “lame duck committee.” Bankers were allowed free rein in

dealing with clients with a lack of central control, he said.

Brunner

himself may face charges after the Swiss regulator began

proceedings against him and he, Sriram and Swampillai were

referred to Singapore prosecutors by MAS. Tucker has not been accused

of wrongdoing. Efforts to reach Tucker through social media and via

Singapore telephone listings weren’t successful. Sriram’s lawyer

said he declined to comment.

“It

is unprecedented for MAS to name individuals publicly that they have

referred” for investigation, said Sandy Baggett, a Singapore-based

lawyer at Freshfields Bruckhaus Deringer, and former deputy director

for financial securities offenses at the Singapore attorney general’s

office. “That tells you something about the level of evidence they

must have.”

Tarnished image

The

lapses at BSI tarnished Singapore’s image as a financial

center, MAS chief Ravi Menon said, and the government has vowed

tough action to repair the damage to its reputation. The 1MDB scandal

has also resulted in fines for banks including UBS Group and Standard

Chartered, and a former Goldman Sachs Group banker may be banned. On

January 5, Singapore prosecutors charged Jens Sturzenegger, a former

branch manager of Falcon Private Bank Ltd., with 16 offenses related

to the scandal. MAS ordered Falcon Bank to shut in Singapore in

October.

BSI

was acquired by EFG International last year. The Zurich-based lender

has said the deal contains indemnities for BSI’s legal issues.

Daniela Haesler, an EFG spokeswoman, declined to comment on the

matter.

The

1MDB case and revelations leaked in the Panama Papers “demonstrated

that everyone in Singapore needs to be a lot more vigilant about

systems and controls to prevent transnational money laundering,”

said Baggett at Freshfields.

Two

months before MAS ordered BSI to shut in Singapore, the bank

announced Brunner, 64, would retire. Brunner and the bank in August

settled a lawsuit after he sued over deferred bonuses. The private

banker saw himself as instrumental in building up BSI’s business in

Asia, according to a person close to Brunner.

The

legal spat had echoes of Brunner’s departure from Coutts, bankers

to the British royal family. In 2010, Brunner sued for wrongful

dismissal from Coutts while the bank sought the return of an advance

on his bonus. That complaint was also settled, according to court

records.

BLOOMBERG

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