Tag: Kenneth Farrugia

A book released in Malta by NGO Repubblika concludes that police officers investigating suspected money laundering at MFSA’s licensed Pilatus Bank were searching for justifications for the decision not to prosecute top bank officials. The author Robert Aquilina exposed how police officers discussed how to justify the decision by Attorney General Victoria Buttigieg not to prosecute Pilatus Bank's former top executives, Antoniella Gauci and Mehmet Tasli.

The scandal-ridden Maltese regulators are apparently trying to settle the filling of the top posts among themselves. The last...

Casino Malta Limited failed to report suspected activities by an alleged drug trafficker and another player linked to bribery and tax evasion. Malta’s FIAU announced it had fined Casino Malta, run by Eden Leisure Gaming, €233,000 for serious and systemic failures in its measures to prevent financial crime. The directors of the casino are Ian De Cesare, Kevin De Cesare, and Corey David Plummer. Allegedly, Malta’s Prime Minister Robert Abela was legal counsel to the Eden Leisure Group.

Until August 2022, Malta was greylisted by the FATF for being a money-laundering hub. The greylisting was undoubtedly the result of failures of the country's Financial Intelligence Analysis Unit (FIAU). Nevertheless, its officials enjoy almost unlimited powers without transparency. They meet behind closed doors to decide on punishments. While enjoying such powers, they do not declare their conflicts of interest. A litany of companies has sued the FIAU.

Malta’s Financial Intelligence Analysis Unit (FIAU) has been sued by more than a dozen companies and professionals. The authority is accused of having breached Malta’s Constitution and the European Convention for Human Rights, given that it acts as judge, jury, and prosecutor. The same entity that decides whom and when to investigate or not carries out the investigation and then decides on the punishment to be given has been trying to defend itself at Malta’s courts.

“Being very strong with the weak and very weak with the strong” was the criticism launched towards Malta’s FIAU by various professionals, international media, and institutions. After firing hefty fines against small operators, including advocates and notary public, the FIAU, headed by Kenneth Farrugia and Alfred Zammit, recently came up with a token fine against HSBC Bank Malta. The fine considered a joke by international media is just €83,000. FIAU has earned the reputation as a "Pussycat Regulator."

Questions sent to the acting CEO of the Malta Financial Services Authority (MFSA), Michelle Mizzi Buontempo, have remained unanswered. Calamatta Cuschieri Investments Services Limited, a MFSA-licensed firm, has been named by a convicted criminal under oath in court, for dishing him out some €500,000 in cash. She was asked whether the MFSA considers such dodgy transactions as legal and if an investigation into Calamatta Cuschieri’s operations is being carried out.

The Maltese-registered Novum Bank was fined €89,156 by the Financial Intelligence Analysis Unit (FIAU) in August 2022, following an onsite compliance review that was carried out in 2019. It is unknown why FIAU waited more than three years to dish out the fine. The Malta-based bank owned by the Dutch billionaire Marcel Boekhoorn has been fined by FIAU for shortcomings in its efforts to detect potential money laundering. Novum Bank was ordered to tighten up its checks on clients.

Malta was grey listed by the Financial Action Task Force (FATF) in June 2021. This had been long coming. In a bid to not become grey listed and impress the FATF, Malta’s Financial Intelligence Analysis Unit (FIAU) was over-fining individuals and firms. The FATF did not fall for such games and grey-listed Malta. The FIAU continued issuing very high fines to targeted companies and individuals. Malta has now been removed from the FATF grey list after a year. Some companies and individuals who were hugely fined took legal action against the FIAU.

A fine imposed on the now-defunct Bulgarian-owned laundromat Satabank plc by Malta's Financial Intelligence Analysis Unit (FIAU) has been slashed from €327,500 to €68,000 after the bank appealed the penalty. The FIAU announced that a fine they had issued against the bank in October 2018 had been reduced by the Court of Appeal (Inferior Jurisdiction). As usual, details of the judgment have not been disclosed to the public. Satabank became notorious with a €3.7M AML/CFT penalty.

A wave of court cases has been filed in Malta’s courts against the FIAU, headed by Kenneth Farrugia. The regulator is under harsh criticism for acting late or not acting at all against the big fish while being too strong with the weak. The FIAU dished out a €94,868 fine against N Trust Limited earlier this year. N Trust Limited has appealed the fine and sued the FIAU for allegedly acting as judge, jury, and prosecutor, which would violate constitutional and human rights.

The Maltese Arbiter for Financial Services ruled that Calamatta Cuschieri Investment Services Ltd (www.cc.com.mt) d/b/a Calamatta Cuschieri is guilty of not meeting the relevant regulatory obligations. The detailed decision describes how an investor lost more than €100,000 through investments, which were suggested to him by Calamatta Cuschieri. The MFSA-regulated company is part of the CC Finance Group PLC and one of the largest financial services firms in Malta and is also the distributor of UBS funds in Malta.