The Bank of Credit and Commerce International (BCCI) was an international bank founded in 1972 by Agha Hasan Abedi, a Pakistani financier.[1] The bank was registered in Luxembourg with head offices in Karachi and London. A decade after opening, BCCI had more than 400 branches in 78 countries and assets in excess of US$20 billion, making it the seventh largest private bank in the world.[2][3]
BCCI came under the scrutiny of financial regulators and intelligence agencies in the 1980s, due to concerns that it was poorly regulated. Subsequent investigations revealed that it was involved in massive money laundering and other financial crimes, and had illegally gained controlling interest in a major American bank. BCCI became the focus of a massive regulatory battle in 1991, and, on 5 July of that year, customs and bank regulators in seven countries raided and locked down records of its branch offices[4] during Operation C-Chase.[5][6][7]
Investigators in the United States and the UK determined that BCCI had been "set up deliberately to avoid centralized regulatory review, and operated extensively in bank secrecy jurisdictions. Its affairs were extraordinarily complex. Its officers were sophisticated international bankers whose apparent objective was to keep their affairs secret, to commit fraud on a massive scale, and to avoid detection".[8]
The liquidators, Deloitte & Touche, filed a lawsuit against the bank's auditors, Price Waterhouse and Ernst & Young, which was settled for $175 million in 1998. By 2013, Deloitte & Touche claimed to have recovered about 75% of the creditors' lost money.[9]
BCCI continues to be cited as a lesson to be heeded by leading figures in the world of finance and banking. In March 2023, the United States' Acting Comptroller of the Currency Michael J. Hsu stated that "there are strong parallels between FTX and the Bank of Credit and Commerce International, better known in bank regulatory circles as BCCI, which failed in 1991 and led to significant changes in how global banks are supervised."[10]
History
BCCI's founder, Agha Hasan Abedi, established the bank in 1972. Abedi, a prolific banker, had previously set up the United Bank Limited in Pakistan in 1959 sponsored by Saigols. Preceding the nationalization of United Bank Limited in 1974, he sought to create a new supranational banking entity. BCCI was created with capital 25% of which came from Bank of America and the remaining 75% from Sheikh Zayed bin Sultan Al Nahyan, the ruler of Abu Dhabi in the United Arab Emirates.
BCCI expanded rapidly in the 1970s, pursuing long-term asset growth over profits, seeking high-net-worth individuals and regular large deposits. The company itself divided into BCCI Holdings with the bank under that splitting into BCCI SA (Luxembourg) and BCCI Overseas (Grand Cayman). BCCI also acquired parallel banks through acquisitions: buying the Banque de Commerce et Placements (BCP) of Geneva in 1976, and creating KIFCO (Kuwait International Finance Company), Credit & Finance Corporation Ltd, and a series of Cayman-based companies held together as ICIC (International Credit and Investment Company Overseas, International Credit and Commerce [Overseas], etc.). Overall, BCCI expanded from 19 branches in five countries in 1973 to 27 branches in 1974 and 108 branches by 1976, with assets growing from $200 million to $1.6 billion.
Lending practices
BCCI contended that its growth was fueled by the increasingly large number of deposits by oil-rich states that owned stock in the bank as well as by sovereign developing nations. However, this claim failed to mollify the regulators. For example, the Bank of England ordered BCCI to cap its branch network in the United Kingdom at 45 branches.[18]
There was particular concern over BCCI's loan portfolio, because of its roots in areas where modern banking was still an alien concept. For instance, a large number of its customers were devout Muslims who are against charging interest on loans – a major pillar of modern banking – because they consider it to be riba, or usury. In many third-world countries, a person's financial standing did not matter as much as his relationship with his banker. One particularly notable example is the Gokal family, a prominent family of shipping magnates. The three Gokal brothers, Abbas, Mustafa and Murtaza, were owners of the Gulf Group. They had a relationship with Abedi dating back to his days at United Bank. Abedi personally handled their loans, with little regard for details such as loan documents or creditworthiness. At one point, BCCI's loans to the Gokal companies were equivalent to US$1.2 billion, three times the bank's capital.[19] The case of Nazmu Virani, the UK based property tycoon who borrowed £500 million unsecured, was widely reported.[20]
Money laundering
In addition to violations of lending laws, BCCI was also accused of opening accounts or laundering money for figures such as Saddam Hussein, Manuel Noriega, Hussain Muhammad Ershad, and Samuel Doe,[18] and for criminal organizations, such as the Medellín Cartel and Abu Nidal.[21] Police and intelligence experts nicknamed BCCI the "Bank of Crooks and Criminals International" for its penchant for catering to customers who dealt in arms, drugs, and hot money.[22] Both Syed A. Hussain (b. 1960 or 1961) and Amjad Awan, (b. 1946 or 1947) a Pakistani banker that headed the Panamanian branch of BCCI in the early 1980s, assisted Noriega with Noriega's accounts at BCCI.[23][24]
William von Raab, a former U.S. Commissioner of Customs
Investigations begin
BCCI's demise began in 1986, when a U.S. Customs undercover operation led by Special Agent Robert Mazur infiltrated the bank's private client division in Tampa, Florida, and uncovered their active role soliciting deposits from drug traffickers and money launderers.[27] This two-year undercover operation concluded in 1988 with a fake wedding that was attended by BCCI officers and drug dealers from around the world, who had established a personal friendship and working relationship with undercover agent Mazur. At the same time he was dealing undercover with BCCI executives, Mazur used his undercover operation to establish a relationship with the hierarchy of the Medellín Cartel as one of their sources for laundering drug proceeds. Mazur's and others' roles in the sting operation were highlighted in the film The Infiltrator (2016, adapted from the eponymous autobiography).
In 1988, the bank was implicated as the center of a major money laundering scheme. After a six-month trial, BCCI, under immense pressure from U.S. authorities, pleaded guilty in 1990, but only on the grounds of respondeat superior. While federal regulators took no action, Florida regulators forced BCCI to pull out of the state.[18]
In 1990, U.S. Senator Orrin Hatch presented an impassioned defense of the bank in a speech on the Senate floor. He and his aide, Michael Pillsbury, were involved in efforts to counter the negative publicity that surrounded the bank, and Hatch solicited the bank to approve a $10 million loan to a close friend,
Sandstorm report
In March 1991, the Bank of England asked Price Waterhouse to carry out an inquiry. On 24 June 1991, using the code name "Sandstorm" for BCCI, Price Waterhouse submitted the Sandstorm report showing that BCCI had engaged in "widespread fraud and manipulation" that made it difficult, if not impossible, to reconstruct BCCI's financial history.
The Sandstorm report, parts of which were leaked to The Sunday Times, included details of how the Abu Nidal terrorist group had manipulated details and through using fake identities had opened accounts at BCCI's Sloane Street branch in London. Britain's internal security service, MI5, had signed up two sources inside the branch to hand over copies of all documents relating to Abu Nidal's accounts. One source was the Syrian-born branch manager, Ghassan Qassem, the second a young British employee.
The Abu Nidal link man for the BCCI accounts was a man based in Iraq named Samir Najmeddin or Najmedeen. Throughout the 1980s, BCCI had set up millions of dollars' worth of letters of credit for Najmeddin, largely for arms deals with Iraq. Qassem later swore in an affidavit that Najmeddin was often accompanied by an American, whom Qassem subsequently identified as the financier Marc Rich. Rich was later indicted in the United States for tax evasion and racketeering in an apparently unrelated case and fled the country.
Qassem also told reporters that he had once escorted Abu Nidal, who was allegedly using the name Shakir Farhan, around town to buy a tie, without realizing who he was. This revelation led in 1991 to one of the London Evening Standard
Forced closure
BCCI was awaiting final approval for a restructuring plan in which it would have re-emerged as the "Oasis Bank". However, after the Sandstorm report, regulators concluded BCCI was so fraught with problems that it had to be seized. It had already been ordered to shut down its American operations in March for its illegal control of First American.
On 5 July 1991, regulators persuaded a court in Luxembourg to order BCCI liquidated on the grounds that it was hopelessly insolvent. According to the court order, BCCI had lost more than its entire capital and reserves the year before. At 1 pm London time that day (8 am in New York City), regulators marched into BCCI's offices and shut them down. Around a million depositors were immediately affected by this action.
On 7 July 1991, Hong Kong Office of the Commissioner of Banking (predecessor of the Hong Kong Monetary Authority) ordered BCCI to shut down its business in Hong Kong on the grounds that BCCI had problem loans and the Sheikh of Abu Dhabi, the major shareholder of BCCI, refused to provide funds to the Hong Kong BCCI. Hong Kong BCCI was liquidated on 17 July 1991.
A few weeks after the seizure, on 29 July, Manhattan District Attorney Robert Morgenthau announced that a Manhattan grand jury had indicted BCCI, Abedi and Naqvi on twelve counts of fraud, money laundering, and larceny. Morgenthau, who had been investigating BCCI for more than two years, claimed jurisdiction because millions of dollars laundered by the bank flowed through Manhattan. Also, Morgenthau cited BCCI's secret ownership of First American, which operated a subsidiary in New York City. Morgenthau said that all of BCCI's deposits had been fraudulently collected because the bank misled depositors about its ownership structure and financial condition.
American inquiries and legal actions
In 1991, Robert Mueller declared the government had been investigating BCCI since 1986 resulting in intense media coverage.[33]
In 1992, United States Senators John Kerry and Hank Brown became the co-authors of a report on BCCI, which was delivered to the Committee on Foreign Relations. The BCCI scandal was one of a number of disasters that influenced thinking leading to the Public Interest Disclosure Act (PIDA) of 1998. The report found that Clifford and his legal/business partner Robert A. Altman had been closely involved with the bank from 1978, when they were introduced to BCCI by Bert Lance, the former director of the Office of Management and Budget, to 1991. Earlier, Pharaon was revealed to have been the puppet owner of National Bank of Georgia, a bank formerly owned by Lance before being sold back to First American (it had previously been an FGB subsidiary before Lance bought it). Clifford and Altman testified that they had never observed any suspicious activity, and had themselves been deceived about BCCI's control of First American. However, the federal government and Morgenthau contended that the two men knew, or should have known, that BCCI controlled First American. Pharaon also was revealed to be the puppet controlling owner of CenTrust Bank in Miami, Florida.
Morgenthau and the federal government brought indictments against Clifford and Altman, but did not pursue Clifford due to his age and deteriorating health (he died in 1998).
British inquiry and litigation
The British government set up an independent inquiry, chaired by Lord Justice Bingham, in 1992. Its House of Commons Paper, Inquiry into the Supervision of the Bank of Credit and Commerce International, was published in October of that year. Following the report, BCCI liquidators Deloitte Touche filed suit against the Bank of England for £850m, claiming that the Bank was guilty of misfeasance in public office. The suit lasted 12 years. It ended in November 2005, when Deloitte withdrew its claims after England's High Court ruled that it was "no longer in the best interests of creditors" for the litigation to continue.[34][35] Deloitte eventually paid the Bank of England £73 million for its legal costs. According to news reports at the time, it was the most expensive case in British legal history.[35]
Litigation elsewhere
Although major litigation has ended in the case, suits and legal actions relating to the bank were still being brought in 2013, more than 20 years after the bank's failure.[36]
Former directors
- Khalid bin Mahfouz – non-executive director. Mahfouz and his brothers owned a 20% stake in BCCI between 1986 and 1990.[37]
- Alfred Hartman
- Shaikh Mohammed Ishaq
Legal cases involving BCCI
- Bank of Credit and Commerce International SA v Aboody [1992] 4 All ER 955, pre-collapse case, later overturned, on the criteria for undue influence if someone is pressured into signing a mortgage agreement
- Mahmud and Malik v Bank of Credit and Commerce International SA [1998] AC 20, where employees sued the bank for breach of mutual trust and confidence by carrying on unlawful activities and thereby tarnishing the employees' reputations.
- Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2000] EWCA Civ 502
See also
- Abbas Gokal
- Abu Nidal
- Agha Hasan Abedi
- Kamal Adham
- Danny Casolaro
- Abbas Gokal
- The Infiltrator (2016 film)
- The International (2009 film)
- American Conspiracy: The Octopus Murders (2024 film)
- List of banks in Luxembourg
General and cited references
- The UK Government spent 20 years attempting to suppress parts of the document; these are highlighted in red boxes on this copy
- Kochan, Nick & Whittington, Bob. Bankrupt: The BCCI Fraud, London 1991
- Adams, James Ring & Frantz, Douglas. A Full Service Bank, London 1991
- "Case study: Bank of Credit and Commerce International", Erisk, June 2001, (via Internet Archive), retrieved October 1, 2007,
- List of BCCI reports, Association of Accountancy and Business Affairs, retrieved November 9, 2005. Archived from the original on 10 November 2005.
External links
- The so-called "Sandstorm report" produced by the liquidator Price Waterhouse for the Bank of England. The UK Government spent 20 years attempting to suppress parts of the document; these are highlighted in red boxes on this copy
- BCCI (in liquidation) homepage (17 May 2014)
- Summary of Case and Administrators lawsuit against Bank of England
References
- Adams and Frantz (April 1992). A Full Service Bank: How BCCI Stole Billions Around the World. p. ix.^
- Angelos Kanas. Pure Contagion Effects in International Banking: The Case of BCCI's Failure Journal of Applied Economics, May 2005^
- Biographical data on Agha Hasan Abedi Salaam Knowledge