Principal Deputy Assistant Attorney General Nicole M. Argentieri Delivers Remarks Announcing TD Bank’s Guilty Plea for Bank Secrecy Act and Money Laundering Conspiracy Violations in $1.8B Resolution

Remarks as Prepared for Delivery

Thank you, Deputy Secretary Adeyemo. I’m Nicole Argentieri, head of the Criminal Division.

Today, we are announcing the guilty plea of TD Bank, the 10th largest retail bank in the United States, for Bank Secrecy Act violations and money laundering. Over the course of a decade, TD Bank placed profits over compliance, prioritizing a “flat cost paradigm” that limited spending across the bank — including on the bank’s anti-money laundering (AML) compliance program, despite growing risks — even while profits soared.

The bank knew it had pervasive and systemic deficiencies in its AML program, including a transaction monitoring system that remained stagnant over the course of 10 years despite warnings from regulators, consultants, and even its own employees.

AML employees joked that the Bank’s failed AML system made TD an “easy target” and a “convenient” bank for bad actors. And they were right. TD’s failed AML compliance program created vulnerabilities that criminals — including TD’s own employees — used to launder money through the Bank.

All told, three large money laundering networks, two prosecuted by our partners in the District of New Jersey and the third prosecuted in the District of Puerto Rico, laundered over $670 million through TD.

And in one of these schemes, five bank insiders helped. These TD Bank employees opened and maintained accounts for money laundering networks and provided dozens of ATM cards that the launderers used to withdraw funds in Colombia, shortly after the money was deposited in the United States. The insiders took kickbacks for their work, sometimes using the very debit cards they issued to the money laundering organization to take their cut. Through the TD accounts these five insiders opened, the laundering networks moved over $39 million in illicit funds.

That’s why today, TD Bank is pleading guilty not only to violating the Bank Secrecy Act. It’s also pleading guilty to money laundering. Because TD Bank’s inadequate AML program allowed bank insiders to facilitate a significant money laundering scheme. This resolution, in addition to the historic daily BSA fine we have imposed, sends a clear message to U.S. banks — you are the first line of defense. When you criminally fail to protect your own bank from money laundering you put our financial system at risk, and we will hold you accountable.

But it’s never too late to do the right thing. After TD learned of our investigation, the Bank provided strong cooperation. For example, TD identified additional misconduct and provided evidence of that misconduct to the department. Some of that evidence helped advance our investigation of individuals, including video surveillance footage TD provided after reviewing hundreds of hours of videotape and materials recovered because TD secured the workplaces of employees involved in misconduct.

What’s more, TD took steps on its own to hold its employees financially accountable. The Bank clawed back bonuses, including for its CEO and other executives, resulting in a dollar-for-dollar reduction of the Bank’s fine of approximately $2 million, consistent with the Criminal Division’s Pilot Program on Compensation Incentives and Clawbacks. Under that pilot program, as of today, 10 companies that have resolved with the Criminal Division have implemented compliance metrics in their compensation system. But today’s resolution marks a first. This is the first time a company has committed to clawing back compensation prospectively. Over the next few months, TD will identify additional compensation it will claw back from its employees. And if the bank is successful during the term of its agreement with the department, the Criminal Division will credit those clawbacks against the fine.

TD has also started on the path to reform, beginning to remediate its compliance system, committing to additional compliance enhancements, and agreeing to retain an independent compliance monitor. That monitor will closely assess TD’s compliance with our agreement while moving swiftly to ensure that TD makes necessary reforms. Under the close oversight of the department and the monitor, TD can right this ship. While there is a long road ahead, today’s resolution demonstrates that accepting responsibility and cooperating with the department can ensure that even the largest companies can be held accountable for serious crimes, but also choose a different path and successfully move their business forward in full compliance with the law.

I want to thank our trial attorneys in the Money Laundering and Asset Recovery Section’s Bank Integrity Unit and our partners in the District of New Jersey, along with our law enforcement partners at IRS-Criminal Investigation, Federal Deposit Insurance Corporation Office of Inspector General, and Drug Enforcement Administration. And now I’ll turn it over to the U.S. Attorney for the District of New Jersey, Philip Sellinger.