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Wednesday
Sep052018

ING wins SEC declination after $900 million Dutch penalty

The SEC closed its investigation into ING Group NV one day after the banking giant reached a $900 million settlement with Dutch authorities.

In a new SEC filing Wednesday, ING said:

As previously noted, in connection with the investigations ING also received information requests from the U.S. Securities and Exchange Commission (SEC). ING has received a formal notification from the SEC that it has concluded its investigation. In the letter the Division of Enforcement states that, based on information as of this date, it does not intend to recommend an SEC enforcement action against ING.

ING said Tuesday it will pay the Dutch Public Prosecution Service €675 million ($782 million) and disgorge €100 million ($115 million) to resolve criminal investigations for lapses in client on-boarding, the prevention of money laundering, and corrupt practices.

The SEC's declination is consistent with the feds' new policy against piling on. In May, the DOJ said it will try to avoid multiple-agency prosecutions of corporate defendants in FCPA and other cases.

According to FCPA Tracker, ING first disclosed the criminal investigations in an SEC filing in March 2017.

ING Group shares are listed in Amsterdam, Brussels, and New York.

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Harry Cassin is the managing editor of the FCPA Blog.