Danske Bank whistleblower talking to US enforcement agencies
DoJ investigates biggest money-laundering scheme ever uncovered
33 minutes ago
The former Danske Bank manager who blew the whistle on a €200bn money-laundering scandal centred on the bank’s tiny Estonian branch has talked to a multitude of US law-enforcement agencies, raising the stakes for Denmark’s biggest lender as it faces investigations around the world.
Howard Wilkinson — who alleged to Danske bosses that branch customers included shell companies that were fronts for Russian intelligence and relatives of Vladimir Putin, the Russian president — was cleared by the bank to talk to various agencies including the Department of Justice, Securities and Exchange Commission, and the Treasury’s Financial Crimes Enforcement Network, or FinCEN, according to people familiar with the situation.
Mr Wilkinson, a British citizen who will testify to both the Danish and EU parliaments this week, previously signed a non-disclosure agreement with the bank that Danske must waive before he gives evidence. The bank gave permission to Mr Wilkinson’s lawyer each time to meet US authorities.
The DoJ has launched an investigation into the biggest money-laundering scheme ever uncovered, with what amounted to more than Estonia’s annual GDP passing through the branch every year from Russia and other former Soviet states. The agency is also scrutinising the roles played by Deutsche Bank, Bank of America and JPMorgan Chase in clearing cross-border payments for the branch.
FinCEN, which has the ability to order US banks to stop handling cross-border payments for foreign lenders suspected of facilitating money-laundering, has said publicly that it has an active interest in the case.
“The Russian element makes this a high enforcement priority for the US,” said John Coffee, a professor of law at Columbia Law School in New York. “If a whistleblower was rebuffed internally when he came forward with credible information, that would definitely be of interest to DoJ.”
How Danske Bank's Estonia branch became a pipeline for dirty money
In several emails to the bank’s senior management in Copenhagen seen by the Financial Times, Mr Wilkinson laid out how a UK-based limited liability partnership called Lantana Trade “apparently” had beneficial owners that included “the Putin family and the FSB”, the Russian intelligence service. The Kremlin has previously told the FT: “President Putin has nothing to do with the mentioned bank.”
Mr Wilkinson’s
warning was followed up in 2014 by Danske’s internal audit team, which confirmed much of what he reported. But the bank did not start its own full investigation until 2017, when Berlingske, a Danish newspaper, started reporting on Danske accounts used in alleged money laundering schemes from Russia and Azerbaijan.
Mr Wilkinson, who once worked at HBOS, the collapsed UK lender, will give evidence on Monday to the Danish parliament alongside Danske’s interim chief executive, Jesper Nielsen. Mr Nielsen has taken the reins after the scandal toppled former CEO Thomas Borgen. Mr Borgen was head of international banking, which included responsibility for Baltic banking, from 2009 until 2012.
Danske also partially released Mr Wilkinson from his NDA to give evidence to the Danish parliament. But he still faces the threat of criminal prosecution from what he tells parliamentarians, particularly if he strays into details about clients, according to his lawyer, Stephen Kohn.
Mr Kohn said Mr Wilkinson’s testimony will not be privileged, or carry protection from libel. Meanwhile, the bank’s waiver included a warning that it could not release him from “mandatory” obligations under bank-secrecy and data-protection laws.
“It is unacceptable that Mr Wilkinson, who was an exemplary employee when he worked for Danske Bank, may face further retaliation based on his testimony before parliament,” Mr Kohn said. “We have been informed that legal protections for whistleblowers who appear before parliament also do not exist. This is an untenable position. It is not possible for a democracy to properly function if members of parliament cannot obtain complete information from witnesses.”
Danske, the DoJ, the SEC and FinCEN all declined to comment.
Additional reporting by Kadhim Shubber in Washington