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TD’s U.S. compliance penalties could ‘approach’ US$4 billion: litigation analyst

Elliott Stein, Senior Litigation Analyst, joins BNN Bloomberg to talk about TD Bank has set aside $3.05billion in provisions and gives his thoughts about it.

One litigation analyst says Toronto-Dominion Bank’s final settlement related to U.S. compliance lapses could be as high as US$4 billion.

Bloomberg News reported in August that TD said it anticipated having to pay a total of more than $3 billion in penalties related to U.S. compliance lapses amid allegations that it failed to catch money laundering and financial crimes at branches south of the border.

“The $3 billion in provisions that TD has taken over the last couple of quarters, that sets a floor for what the potential monetary penalty is going to be, but we don’t really know what the final number is going to be,” Elliott Stein, a senior litigation analyst of financials at Bloomberg Intelligence, said in an interview with BNN Bloomberg on Friday.

Stein said there is not a precedent for anti-money laundering penalties in amounts this high “for any bank at all,” and anti-money laundering violations typically result in penalties in the “hundreds of millions of dollars.”

“So this TD case, based on the provisions that they’ve taken, really is going to set a new bar,” he said.

Stein noted that in a 2012 anti-money laundering case, HSBC took about $1.5 billion in provisions in two steps ahead of a final settlement with a $1.9 billion penalty.

“So based on those numbers, we do think that TD could wind up having to pay more than the $3 billion that it has provision for,” he said.

Based on provisions TD Bank has taken so far, Stein said it appears to be a “more egregious case.”