Sure this is a book that exposes HSBC bank's negligence to monitor money laundering and sanction violation transactions, in particular on the Mexico drug lord's (Chapo) use of HSBC banking services in USA and Mexico. Definitely an eye opener to the public who got little knowledge in this domain ... even to HSBC staff whose scope of work did not cross into relevant functions requiring such compliances. Being an ex-HSBC staff, I am surprised upon reading the details, which does not match with my perception of what the bank's group management style was in the period when that happened ... seems to me they are a bunch of hypocrites.
After amassing all the evidence on HSBC's multi-year operations that failed to report, stop and control the drug cartel's leverage of HSBC banking system, in 2012 the US Justice Department (for various rationale ... too big to jail being one) did not proceed to prosecute the bank or its executives ... instead just posted a 5 years DPA (Deferred Prosecution Agreement) with $1.92 billion fines on HSBC (equivalent to 5 weeks of the HSBC's profit only), plus process improvements in KYC (know your customer) and anti money laundering. The author has summarized the DoJ's Statement of Facts on the case in page 232 of chapter 12 "All the way to the top".
Even though the reform of HSBC to prevent similar misshape brought in a person to monitor HSBC's clean up during the 5 years DPA, it was noted in reports that HSBC was not yet adequately managing financial crime risk. Cases in 2018 and 2019 led to HSBC paying a penalty of $101.5 million and $192.35 million respectively to the US Justice Department relating to HSBC traders 'front-running' foreign exchange transactions and HSBC Switzerland conspiring with clients to commit US tax fraud.
The final chapter touched on how some of the HSBC fines were put to good use to various law-enforcement agencies in the US. For readers coming to this chapter, one will surely agree to the author's view on the case as quoted below ...
"A civil penalty paid by the corporation, indirectly by the shareholders, was nothing like the bank and its senior executives being tried and found guilty, and embarrassing and undermining as it might be, imposing a fine does not cause the bank to suffer. For HSBC, it is simply an additional cost that needs to be submitted like any other ongoing expense of running such a huge enterprise. It's the sum the bank has paid to avoid justice, an option that is not available to an ordinary citizen."
The ultimate disappointment raised by the author was that numerous individuals, including HSBC executives, lawyers, US Justice Department senior personnel etc were offered better positions in public or private firms in due course ... implying their decision on cases like the HSBC based on too big to jail brought them the kind of revolving door opportunities, as the chapter is titled as "Overlapping Circles". Again quoting from the chapter ...
"One influence, never admitted, is that human nature plays a part and the officials, lawyers and advisers found it hard to press for convictions against people who were so like themselves. Hitting a bank with a financial penalty is one thing; bringing criminal charges ... sending them to jail, ruining them and their families, that is quite another."