Bank of America (BAC.N), has been fined $1.21bn by US regulators for widespread failures to detect potential money laundering and other illicit activity, a penalty the bank said will hurt third-quarter earnings. The treasury department said the fine, the third-largest in department history, is due to the bank’s failure to report more than $5bn in suspicious activity to the government, including $1bn that posed national security-related and other priority illicit finance risks. The consent order requires Bank of America to hire an independent third party to review past transactions, identify suspicious activity that the bank failed to detect at the time, and report those transactions to FinCen.
Analysts have estimated adjusted EPS of $1.10, according to mean estimates compiled by LSEG, but that excludes one-offs like this fine. Shares were down 2.7% in after-hours trading after closing the day down 1.1%. The penalty is likely to add to negative investor sentiment and raise concerns about higher expenses and whether Bank of America can maintain its roughly $6bn quarterly share buyback pace, the UBS analyst Erika Najarian said in a note.
With earnings due on Wednesday, “we think shares likely underperforming at open,” she said. She noted there was no asset cap, a regulatory penalty that would limit how large the bank could grow. As part of the fine, the Office of the Comptroller of the Currency levied a $750m civil penalty against the lender, the largest ever for the regulator, citing failures to address shortcomings in its anti-money laundering programs that were identified as part of a 2024 cease-and-desist order from the watchdog.
The regulator said the bank’s compliance program was “deficient and ineffective”, and its transaction monitoring system caused the bank to delay filing suspicious activity reports on billions of dollars of transactions. In addition, the bank paid an $11.6m fine to the Office of Foreign Assets Control for over 400 apparent violations of numerous sanctions programs. The treasury said the bank mistakenly processed millions of dollars in payments that violated sanctions programs targeting countries including Russia and Iran.
The fine comes days after American Express was also hit with a $350m penalty for similar anti-money laundering shortcomings.
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