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January 8, 2014

JPMorgan Pays $2.6 Billion Fine to Avoid Criminal Charges in Madoff Case 
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The financial giant JPMorgan Chase will pay $2.6 billion to settle
allegations it failed to disclose suspicions of fraud in what turned out
to be a massive Ponzi scheme by Bernie Madoff. Senior executives at
JPMorgan Chase had serious doubts about Madoff’s investment business
at least 18 months before it collapsed. Despite repeated suspicions, the
bank never alerted authorities and allowed Madoff to move billions of
investors’ cash in and out of his Chase bank accounts right up until
the day of his arrest in December 2008. New York District Attorney Preet
Bharara unveiled the settlement.

Preet Bharara: "The BSA is a law that requires financial institutions
— as institutions — to establish and maintain effective
anti-money laundering compliance programs and to know their customers.
It is not a tip; it is not a suggestion. It is a legal requirement,
enforceable through criminal sanction. Today's charges have been filed
because, in this regard, JPMorgan, as an institution, failed and failed
miserably. One reason, among others, that Madoff was able to get away
with his crime for so long was that JPMorgan had an inadequate and
ineffective anti-money laundering program."

Of the $2.6 billion fine, $1.7 billion will go to Madoff's victims, who
lost an estimated $18 billion. With the Madoff penalty, JPMorgan has now
paid some $20 billion to resolve government probes over the past 12
months. It is the latest settlement to come out of a series of deferred
prosecution agreements that have allowed major corporations to escape
criminal charges. In a statement, the watchdog group Public Citizen
criticized the Justice Department, saying: "This marks the latest
example of a predilection toward settling through the use of deferred
prosecution agreements, instead of issuing indictments. It also
underscores the continuing, and perhaps growing, problem of 'too big to
jail.'"