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Regulatory Sanctions

BNY Mellon to Pay $6.6Mn for Miscalculating Regulatory Capital Figures

January 12, 2017

BNY Mellon has agreed to pay $6.6 million in penalties to settle SEC charges that it miscalculated its risk-based capital ratios and risk-weighted assets that were reported to investors.

 

An SEC investigation found that …..    from late 2010 to early 2014, BNY Mellon deviated from regulatory capital rules by excluding from its calculations approximately $14 billion in collateralized loan obligation assets (CLOs) that the firm consolidated onto its balance sheet in 2010.  BNY Mellon never obtained approval from the Federal Reserve as required under regulatory capital rules to exclude such assets from its calculations. 

 

The miscalculations, which were not detected by BNY Mellon’s internal accounting controls, caused its risk-weighted assets to be understated and certain of its risk-based capital ratios to be overstated - in both in quarterly and annual reports.