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TD Bank is the 10th-largest bank in the country – but for a while was the No. 1 choice for criminal organizations laundering drug money, according to federal prosecutors.
The bank's $3 billion plea deal shocked the finance world but prompted a U.S. senator to slam the Justice Department for "absurd legal gymnastics" that she says were too soft on executives.
For years, the bank prioritized growing its profits without investing in mandatory precautions to prevent cartels and other organized crime groups from using its systems to launder money, allowing crooks to shuffle $671 million in secretive transfers that should have been flagged and reported to authorities – sometimes with the help of corrupt bank employees, according to the plea agreement.
"By making its services convenient for criminals, TD Bank became one," Attorney General Merrick Garland told reporters in October, announcing the bank's guilty plea.
TD Waterhouse bank in New York City on April 18, 2018. (iStock)
"TD Bank also became the largest bank in U.S. history to plead guilty to Bank Secrecy Act program failures, and the first U.S. bank in history to plead guilty to conspiracy to commit money laundering," he added. "TD Bank chose profits over compliance with the law – a decision that is now costing the bank billions of dollars in penalties."
At the time, he said the investigation was ongoing and warned that more charges could be coming.
An admitted international money launderer in another case, Da Ying Sze, a 45-year-old from New York, bribed bank employees with almost $60,000 in gift cards. He pleaded guilty in his own case to a conspiracy that laundered $653 million on behalf of criminals in the U.S., China and Hong Kong.
Some of it was drug money. And $470 million went through TD Bank, according to federal prosecutors.
Read the charging document:
For almost a decade – between January 2014 and October 2023 – the bank failed to comply with mandatory anti-money laundering regulations that required it to flag suspicious transactions, according to court documents. Instead of updating their system to keep up with emerging technology, bank officials saved money by leaving an outdated anti-money laundering program in place.
The anti-money laundering program was known to executives and so ineffective that employees joked about it, according to federal prosecutors.
"These failures enabled, among other things, three money laundering networks to launder over $600 million in criminal proceeds through the Bank between 2019 and 2023," federal prosecutors wrote in court documents. "These failures also created vulnerabilities that allowed five Bank store employees to open and maintain accounts for one of the money laundering networks."
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Those five corrupt employees helped criminal organizations launder $39 million to Colombia through nearly 200,000 ATM withdrawals.
Even with the massive corporate fine and an "asset cap" that places a tight restriction on the bank, Sen. Elizabeth Warren, D-Mass., blasted the Justice Department for "legal gymnastics" that let top executives off the hook.
Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)
"The way that DOJ structured the plea agreement ensures that TD Bank will not face the full range of penalties that Congress has enacted for banks that engage in criminal money laundering," she wrote in a public letter to Garland.
"These shocking failures enabled three separate money laundering syndicates to launder more than $670 million through the bank between 2019 and 2023," she continued. "The magnitude of the dollar value of these illicit transactions is dwarfed only by the obviousness of the criminal activity."
In all, criminal organizations laundered more than $670 million, according to authorities, and the total fines were set at $3 billion.
Without consequences for the executives, she argued, banks can just write off billion-dollar government fines as a business expense in the future.
The bank did not immediately respond to requests for comment.
TD Bank Group president and CEO Bharat Masrani speaks during the bank's annual meeting of shareholders in Toronto, Ontario, March 30, 2017. (Reuters/Peter Power)
The bank's CEO, Bharat Masrani, told The Associated Press that steps were being taken to fix the deficiency and end the corruption after the bank pleaded guilty last month.
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"We know what the issues are, we are fixing them," he said. "As we move forward, we’re ensuring that this never happens again, and I’m 100% confident that we get to the other side and emerge even stronger."
To address the money laundering problem, the bank says it began a multi-year security boost that included hiring dozens of new leaders and hundreds of experts on money laundering prevention and fighting financial crime.
The Associated Press contributed to this report.
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