By Alan Zibel
WASHINGTON-- CommerceWest Bank of California agreed to pay $4.9
million and admit wrongdoing to settle a Justice Department probe
into allegations the bank failed to prevent a payment-processing
firm from improperly withdrawing money from accounts at other
banks.
Under a deferred prosecution agreement, the bank admitted to one
criminal count of "willfully failing to file" a report of
suspicious activity by one of its business customers to the federal
government.
In court papers filed Tuesday in U.S. District Court for the
Central District of California, federal prosecutors said
CommerceWest received letters and calls from several banks in 2012
and 2013 complaining of fraudulent withdrawals from customers'
accounts by the payment-processing firm, V Internet Corp LLC.
Despite other banks' suspicions of potential fraud, CommerceWest
didn't file a report to the government, prosecutors said.
CommerceWest processed more than 1.3 million fraudulent bank
account withdrawals on behalf of V Internet, the Justice Department
said, earning more than $5 million in fees.
In a statement, the bank said it "recognizes that factors
pointed to a problematic customer that deserved more scrutiny" than
the bank provided. However, the bank said it "does not believe that
any bank employee knowingly assisted with or willfully ignored
signs of fraud."
Bank employees who managed the V Internet account relationship
are no longer with the bank, said CommerceWest Chief Executive Ivo
Tjan in a statement. The bank "has added to and improved its
compliance team and systems," he said.
V Internet Corp couldn't be reached for comment. A Justice
Department official declined to comment on whether the company is
under investigation.
The government agreed to dismiss the criminal charge against
CommerceWest in two years if the bank complies with the so-called
deferred prosecution agreement's terms, including heightened
scrutiny of merchants who do business with the bank. The bank also
settled civil charges brought by the government, but didn't admit
or deny those allegations.
The settlement marks the first time the U.S. has filed a
criminal case against a bank stemming from Operation Choke Point, a
federal probe launched in 2013 to examine fraudulent transactions
processed through third-party firms that do business with
banks.
In January 2014, the Justice Department reached a $1.2 million
civil settlement with a small North Carolina bank, Four Oaks
Fincorp Inc., over allegations the bank processed more than $2
billion in transactions for a payment processor that worked with
allegedly fraudulent merchants. A federal judge approved the
settlement in April 2014.
In the CommerceWest case, the Justice Department said the
payment firm processed transactions for a fraudulent telemarketing
company as well as a payday loan scheme that failed to actually
make loans, the Justice Department alleged.
Bank of America Corp., Wells Fargo & Co. and Zions Bancorp
complained to CommerceWest about the transactions, the Justice
Department said, but instead of cutting off the payment processor
entirely, CommerceWest and the payment-processing firm only blocked
transactions at accounts held at banks whose customers had
complained.
CommerceWest "ignored a parade of red flags indicating that a
third-party payment processor was defrauding hundreds of thousands
of thousands of innocent victims," said Benjamin Mizer, acting head
of the Justice Department's civil division, in a prepared
statement.
In addition, CommerceWest settled a civil fraud charge under a
1989 law that allows the U.S. to recover penalties for fraudulent
behavior. Under the settlement, the bank will be required to enact
new monitoring requirements to prevent fraud from occurring in the
future, the Justice Department said.
Officials seized five airplanes, a firetruck, several tractors
and all-terrain vehicles from the owner of the payment-processing
firm, who wasn't named.
The case came on the same day that New York's top financial
regulator, Benjamin Lawsky, reached a $2.1 million settlement over
online lending industry practices.
Mr. Lawsky alleged that MoneyMutual, a company that sells
information on consumers seeking online loans to lenders was
violating New York laws barring high-interest rate loans.
Under the settlement, the company will stop marketing loans to
New York consumers. Money Mutual's parent firm Selling Source LLC,
didn't admit wrongdoing and said it wanted to "preclude what could
have been costly and extended litigation."
Write to Alan Zibel at alan.zibel@wsj.com
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