Hong Kong SFC Fines Brokerage Jinrui Futures $611,000 for Money Laundering Failures for 258 Clients, Banned Executive Director 6 Months & Responsible
8th February 2023 | Hong Kong
Hong Kong Securities & Futures Commission (SFC) has fined brokerage Jinrui Futures $611,000 (HKD $4.8 million) for money laundering failures for 258 clients, and banned former Executive Director Shen Chun for 6 months and Responsible Officer Jiang Xiaoqing for 5 months. Hong Kong SFC: “The SFC’s investigation found that Jinrui Futures, which permitted 258 clients to use customer supplied systems (CSSs) for placing orders during the material time, had failed to conduct adequate due diligence on the CSSs. As a result, Jinrui Futures was not in a position to properly assess and manage the money laundering and terrorist financing and other risks associated with the use of such CSSs by its clients. In addition, the SFC identified that some of the deposits made into four clients’ accounts were unusual and/or suspicious and inconsistent with the clients’ declared net worth. Although Jinrui Futures performed certain enquiries on these clients, they were inadequate and did not satisfactorily explain the suspicious transactions. The SFC further found that Jinrui Futures failed to comply with its account opening procedures which require its staff to conduct AML investigations on its clients before account opening, including identifying whether the clients were politically exposed persons or under existing terrorist and sanction lists.” See full statement below | View HK SFC Disciplinary Action here
“ Hong Kong SFC Fines Brokerage Jinrui Futures $611,000 for Money Laundering Failures for 258 Clients, Banned Executive Director 6 Months & Responsible Officer 5 Months “
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JINRUI FUTURES (H.K.) CO., LTD., a wholly-owned affiliated company of JINRUI FUTURES, which is the holding subsidiary company of JIANGXI COOPER CORPORATION, has been approved by SFC in 2007 to run the businesses covered by CME Group and major oversea commodity exchanges and the central code is AOY332.The businesses we operate include futures & options trading and other derivatives trading.
Hong Kong SFC Statement Hong Kong, Asia’s leading financial centre
SFC reprimands and fines Jinrui Futures (Hong Kong) Limited $4.8 million and sanctions its responsible officers for regulatory breaches
7th February 2023 – The Securities and Futures Commission (SFC) has reprimanded and fined Jinrui Futures (Hong Kong) Limited (Jinrui Futures) $4.8 million for failures in complying with anti-money laundering and counter-terrorist financing (AML/CFT) and other regulatory requirements between April 2015 and June 2018 (Note 1).
The SFC has also banned Shen Chun, a former executive director and responsible officer of Jinrui Futures, from re-entering the industry for six months from 6 February 2023 to 5 August 2023 (Note 2).
Jiang Xiaoqing, another responsible officer of Jinrui Futures, has been suspended for five months from 6 February 2023 to 5 July 2023 (Note 3).
The SFC’s investigation found that Jinrui Futures, which permitted 258 clients to use customer supplied systems (CSSs) for placing orders during the material time, had failed to conduct adequate due diligence on the CSSs. As a result, Jinrui Futures was not in a position to properly assess and manage the money laundering and terrorist financing and other risks associated with the use of such CSSs by its clients (Notes 4 & 5).
In addition, the SFC identified that some of the deposits made into four clients’ accounts were unusual and/or suspicious and inconsistent with the clients’ declared net worth. Although Jinrui Futures performed certain enquiries on these clients, they were inadequate and did not satisfactorily explain the suspicious transactions.
The SFC further found that Jinrui Futures failed to comply with its account opening procedures which require its staff to conduct AML investigations on its clients before account opening, including identifying whether the clients were politically exposed persons or under existing terrorist and sanction lists.
The SFC is of the view that Jinrui Futures’ conduct was in breach of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance, the Guideline on Anti-Money Laundering and Counter-Terrorist Financing and the Code of Conduct (Notes 6 & 7).
The SFC considers that Jinrui Futures’ failures were partly attributable to the failures of Shen and Jiang in discharging their duties as the firm’s responsible officers and senior management.
In deciding the disciplinary sanctions against Jinrui Futures, Shen and Jiang, the SFC took into account that:
- Jinrui Futures’ failures to diligently monitor its clients’ activities and put in place adequate and effective AML/CFT systems and controls are serious as they could undermine public confidence in, and damage the integrity of, the market;
- a strong deterrent message needs to be sent to the market that such failures are not acceptable;
- Jinrui Futures, Shen and Jiang cooperated with the SFC in resolving the SFC’s concerns; and
- Jinrui Futures, Shen and Jiang have otherwise clean disciplinary records with the SFC.
Notes:
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