Legal library

  • US Treasury Financial Crimes Enforcement Network (FinCEN) notice of finding that designates BPA as foreign financial institution of primary money laundering concern under Section 311 of the USA PATRIOT Act.

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  • FinCEN’s imposition of ‘Special Measure against Banca Privada d’Andorra as a Financial Institution of Primary Money Laundering Concern which prohibits from opening or maintaining accounts at BPA and processing transactions involving BPA.

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  • Letter sent by the Consulate of the US in Madrid to then Minister of Foreign Affairs of Andorra Gilbert Saboya, which urges the government to take steps to address money laundering issues in the country. The letter does not mention BPA and is instead focused on Andorra’s Moneyval’s recommendation to Andorra.

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  • Declassified email from economic advisor of the United States embassy in Madrid Anton K. Smith to his superiors, where acknowledged that FinCEN’s notice was about wider issues in Andorra.

    In the email, Smith refers to comments he made at an event in Madrid, where he said: “the United States had been warning Andorra for months that it was concerned about errors in money laundering prevention, in especially the Moneyval and FAFT cases'', referencing a letter sent by the US to then Foreing Minister Gilbert Saboya. He explained that the Andorran authorities “were not paying attention with the fluidity that we were expecting, and that is the reason why in the end we had to use the hammer.”

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  • Notice published by FinCEN on the Federal Register (Vol. 81, No. 43, page 11648) which confirmed the withdrawal of the money-laundering notice against BPA stating that “BPA is no longer operating as a financial institution that poses a money laundering threat to the U.S. financial system”, due to the actions of Andorra’s government and the dissolution of the bank and its subsidiaries.

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  • Order by United States District for the District of Columbia Judge James E. Boasberg dismissing the lawsuit against FinCEN.

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  • Decision by the Senior Circuit Judge Edwards from the United States Court of Appeals, District of Columbia Circuit, reaffirming the United States District for the District of Columbia’s decision to dismiss the lawsuit against FinCEN. The court rejected the appeal on the grounds that the withdrawal of the notice made BPA’s claims moot and that the window of time to have an impact on the position of Andorran authorities closed after it was announced that the Andorran government had finalised the sale of BPA assets.

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  • Ruling by Judge Carlos Nieto Delgado, Magistrate of the Mercantile Court of Madrid (Magistrado del Juzgado de lo Mercantil Núm. 1 de Madrid) which “absolved and dismissed” BPA from all claims against them raised. The judge found that the investigation conducted by Spanish authorities did not provide evidence of any crimes or offences committed by BPA regarding money laundering.

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  • Sentence by Judges F. Alfonso Guevara Marcos, M. Angeles Barreiro Avellaneda, and Antonio Díaz Delgado of the the National Court (Audiencia Nacional) of Spain, which is a criminal court based in Madrid, that found BPA Financial Director Santiago Rosello not guilty of the money laundering accusation made against him by Spanish authorities. The Judges found that BPA involvement with Andrey Petrov did not amount to money laundering or any other punishable offences.

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  • Order by the Regional Court of Madrid (Audiencia Provincial de Madrid) that rejects the appeal from Spain’s Public Prosecutor against the previous court ruling that cleared Banco Madrid (BPA) from any wrongdoing. ​​The Court reaffirmed that it did not find any evidence that the bank facilitated money laundering activities.

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  • Congress of Deputies(Spain’s legislature) motion to create a commission to investigate the actions taken by Rajoy’s government between 2011-2018, in relation to Operation Catalonia.

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  • Complaint filed by former BPA shareholder Higini Cierco against the Prime Minister of Andorra Xavier Espot for “influence peddling and waste of public funds, provided for and punished in articles 372, 386 and 389-390-391 of the Criminal Code.” The complaint states that Espot “is responsible or co-responsible for the actions, omissions and decisions, which the GOVERNMENT adopted before and after the fateful note from FinCEN of March 10, 2015.”

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