MAS Bans Kevin Michael Swampillai for Life
Summary
The Monetary Authority of Singapore (MAS) has issued lifetime Prohibition Orders against former BSI Bank representative Kevin Michael Swampillai. The ban follows his misconduct involving approximately US$5 million in secret profits and misrepresentations to auditors related to 1MDB investments.
What changed
The Monetary Authority of Singapore (MAS) has permanently banned Kevin Michael Swampillai, former Head of Wealth Management Services at BSI Bank, from performing regulated activities. This enforcement action, effective October 22, 2020, stems from his involvement in channeling approximately US$5 million in secret profits from 1MDB restructuring to an entity he beneficially owned, without the bank's knowledge. Swampillai also made deliberate misrepresentations to auditors regarding 1MDB's investments.
This lifetime ban signifies a severe consequence for financial misconduct and underscores the MAS's commitment to integrity in the financial sector. While the ban applies to an individual, it serves as a strong deterrent to others in the industry. Regulated entities should review their internal controls and compliance procedures to prevent similar instances of unauthorized profit-taking and misrepresentation, particularly in complex transactions involving state-linked entities.
What to do next
- Review internal controls for fund management fees and secret profits.
- Ensure accurate and truthful representations are made to auditors.
- Reinforce compliance training on conflicts of interest and disclosure requirements.
Penalties
Lifetime Prohibition Orders preventing the individual from performing any regulated activity under the Securities and Futures Act and providing financial advisory services under the Financial Advisers Act. Prohibited from taking part in management, acting as a director, or becoming a substantial shareholder of any capital market and financial advisory services firm.
Source document (simplified)
Decrease font size Increase font size Print this page Media Releases Published Date: 23 October 2020
MAS Bans Kevin Michael Swampillai for Life
Singapore, 23 October 2020… The Monetary Authority of Singapore (MAS) has issued lifetime Prohibition Orders (POs) against Mr Kevin Michael Swampillai, a former representative and Head of the Wealth Management Services Department of BSI Bank Limited, Singapore Branch (BSIS). These POs were issued at the conclusion of an investigation conducted by the MAS and took effect on 22 October 2020.
2 From 2012 to 2013, Mr Swampillai and his then subordinate, Mr Yeo Jiawei, had assisted the Malaysian state-owned strategic development company, 1Malaysia Development Berhad (1MDB), to restructure several of its joint venture interests. In the course of doing so, Mr Swampillai and Mr Yeo channelled a portion of the fund management fees (or “secret profits”) to an entity beneficially owned by Mr Swampillai, without BSIS’ knowledge and authorisation. In total, Mr Swampillai received about US$5 million in secret profits at the expense of and without the knowledge of BSIS.
3 Mr Swampillai also deliberately made misrepresentations to 1MDB’s auditors, KPMG Malaysia, in an attempt to improperly influence the outcome of an audit carried out by them on 1MDB’s fiduciary fund investments. He misrepresented that the assets held by PetroSaudi Oil Services Limited (PSOSL), one of 1MDB’s investments, were liquid in nature and mostly cash, even though he knew that PSOSL’s assets comprised two drill ships.
4 Mr Swampillai’s actions have given MAS reason to believe that he will not carry out regulated activities honestly. On account of the severity of his misconduct, MAS has prohibited him permanently from performing any regulated activity under the Securities and Futures Act (SFA) and providing any financial advisory service under the Financial Advisers Act (FAA). He is also permanently prohibited from taking part in the management, acting as a director, or becoming a substantial shareholder of any capital market and financial advisory services firm under the SFA and FAA.
- Singapore today published its National Anti-Money Laundering (AML) Strategy, as part of continuing efforts to maintain the effectiveness of our AML framework.
- The Inter-Ministerial Committee (IMC) released its report today to share the findings and recommendations following a review of Singapore’s Anti-Money Laundering (AML) framework.
- MAS today issued a 9-year prohibition order against a former representative of OCBC Bank, Mr Hoi Wei Kit, following his conviction for offences under the Penal Code and the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act. View all news
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Sg Financial Enforcement alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when MAS Enforcement Actions publishes new changes.