CIBC to Pay Millions in Employee Communications Probe

Shweta Mazoomdar
6 Min Read

The regulators in the United States have ordered the Canadian Imperial Bank of Commerce or CIBC to pay about US$42 million. This is being done in penalties for failing to stop its employees from using the unapproved communication methods. The Toronto-based bank was ordered to pay US$30 million by the Commodity Futures Trading Commission (CFTC). It has also been told to pay US$12 million by the U.S. Securities and Exchanges Commission (SEC), agencies that heavily regulate the derivatives and securities markets, respectively, in the U.S.

A Sneak Peak Into CIBC: What is It?

CIBC is defined as a leading and well-diversified North American financial institution. It is strongly committed to creating enduring value for all stakeholders. This includes clients, team, communities and various shareholders. The bank walks on the sole purpose to help make ambition a reality. Along with that, the bank is also activating resources to create a positive change and thus, contribute to a more secure, equitable and sustainable future.

Across Personal and Business Banking, Commercial Banking and Wealth Management, and Capital Markets and Direct Financial Services businesses, the 48,000 employees of this bank provide a full range of financial products and services. All of this is related to 14 million personal banking, business, public sector and institutional clients in Canada, the U.S. and around the world.

CIBC Strategy

CIBC is focused on building a modern, relationship-oriented bank. Through these efforts, it aims to strongly deliver a superior range of client experience and top-tier shareholder returns. All of this is done while maintaining the financial strength, risk discipline and advancing of the purpose-driven culture. Foundational to the bank’s progress there is a consistent focus on four strategic priorities:

a. Growing the mass affluent and private wealth franchise in Canada and the U.S.;

b. Expanding the digital banking offering in Canada;

c. Delivering connectivity and differentiation to commercial and capital markets clients; and

d. Enabling, simplifying and protecting the bank.

What Has the CFTC Said On CIBC?

Regarding the CIBC, the SEC has penalized 10 other companies for a total of about US$88 million. This on a vast scale is including of a Toronto-based Canaccord Genuity LLC., which will pay US$1.25 million. This is a “significantly lower” penalty. This is because of the fact that it self-reported the violations, the SEC said in a statement on Tuesday.

The CFTC said that the CIBC’s violations had been taking place since at least 2018. Along with it, it also included senior-level officers sending messages via personal text.

“CIBC was required to keep certain of these written communications because they related to the firm’s CFTC-registered business,” the agency said in a statement on Tuesday. “These written communications generally were not maintained and preserved by CIBC, and CIBC generally would not have been able to provide them promptly to the CFTC if and when requested.”

What More Did the SEC say on CIBC?

The SEC on this issue said that investigations into the firms have uncovered. It has turned out to be “pervasive and longstanding” use of “off-channel” communications. The failure to also maintain and preserve required records deprives the SEC of these communications in the investigations.

“Throughout this process, CIBC offered its full co-operation to both regulators and took immediate steps to implement remedies internally,” CIBC spokesperson Andrew McGrath said in a statement on Tuesday.

Along with that, the U.S. Agencies have ordered the Canadian Banks to effectively pay penalties. This was in the past year by those two U.S. agencies.

How Much has the CFTC Fined So Far?

In August, reports stated that the SEC ordered the Royal Bank of Canada to pay US$45 million. Along with it, the SEC ordered the Toronto-Dominion Bank to pay US$30 million. Along with it, the CFTC also ordered to pay a sum of US$78 million.

In 2023, the CFTC fined the Bank of Nova Scotia US$15 million. It also fined the Bank of Montreal US$35 million for using unapproved communication methods. This on a vast scale went on to including messages sent via personal text and WhatsApp.

In total, the CFTC has imposed US$1.237 billion. This in the past has been in civil monetary penalties on 27 financial institutions. The best part is that it has been actively executed out. Furthermore, the period of it is since December 2021. This is ultimately, for their use of unapproved methods of communication.

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