Brink’s Forfeits $50 Million for Failing to Register as a Money Transmitting Business

SAN DIEGO – Brink’s Global Services USA, Inc., a currency transporter and subsidiary of Brink’s, Inc. and The Brink’s Company, agreed to forfeit $50,391,143.22 to settle criminal allegations that it operated as an unlicensed money transmitting business.

Today’s settlement is believed to be the first resolution with an armored car company based on admissions of criminal wrongdoing for failing to register as a money transmitting business. Brink’s Global Services USA, Inc. (BGS) admitted that it violated Bank Secrecy Act rules requiring that a company transporting money to a third party register with the Financial Crimes Enforcement Network (FinCEN) and maintain anti-money laundering compliance programs.

As part of a Non-Prosecution Agreement, which allows a company or individual to avoid criminal prosecution in exchange for meeting certain criteria, BGS admitted that it illegally transported money domestically and internationally between third parties and outside the limited regulatory protections for currency transporters. During this illegal conduct, BGS failed to have compliance controls in place to ensure its business activities remained within the regulatory safe harbor provided to the armored car industry. As a result, BGS operated as unlicensed money transmission business on multiple occasions in violation of U.S. law.

For example, BGS transported more than $15 million from a money service business in San Diego to a separate money service business in Florida across 12 transactions but failed to seek or obtain information confirming that the final beneficiary of each transaction was not someone other than the shipper and did not have compliance controls in place to do so.  In fact, for each of the 12 transactions, the approximately $15 million was ultimately transmitted to a third-party not identified by BGS.

In addition, on eight occasions BGS was involved in the importation of currency totaling more than $35 million into the United States from Mexico. BGS and two other currency transporters caused the currency importation and subsequent domestic transportation of that money on behalf of a money service business located in Mexico for final delivery to several money service businesses in the United States.  Such currency cross-border transshipments fall outside the safe harbor of the currency transporter exemption – which allows a company to avoid Bank Secrecy Act requirements if transactions involve just one company or individual and no third parties – and rendered BGS an unlicensed money transmitter in violation of Title 18, United States Code, Section 1960.

“This year’s long investigation detected—and now closes—a back door where cash covertly entered the global financial system,” said First Assistant U.S. Attorney Andrew Haden. “For too long, parties have used currency transporters in a manner that evaded Bank Secrecy Act reporting requirements and anti-money laundering tools. This office remains laser-focused on holding individuals and corporations—including those in the armored car industry—accountable for moving money in ways that dodge U.S. law.”

“This settlement serves as a testament to the unwavering dedication and collaboration of Homeland Security Investigations (HSI) and our law enforcement partners,” said Shawn Gibson, Special Agent in Charge of HSI San Diego. “Together, we have worked to uncover and address the criminal enterprises that have exploited the U.S. financial system for many years. Our commitment to safeguarding the integrity of our financial markets remains resolute, and we will continue to pursue those who threaten its stability and security.”

“This case highlights the significance of Customs and Border Protection’s (CBP) collaboration between law enforcement agencies in dismantling illegal operations that undermine the integrity of our financial systems,” said Sidney Aki, CBP Director of Field Operations for San Diego. “Through these partnerships, we have successfully exposed and disrupted illicit activities that spanned across borders, to include operations in Mexico. Their agreement to forfeit these funds demonstrates our commitment to holding individuals and businesses accountable when they violate the law. We remain steadfast in our pursuit of those who exploit financial systems for unlawful purposes, ensuring that justice is served, and public trust is upheld.”

In a parallel enforcement action, BGS and FinCEN resolved civil allegations related to BGS’s failure to maintain an adequate anti-money laundering program and other related violations.

This case was led by Assistant U.S. Attorney E. Christopher Beeler with important contributions from Assistant U.S. Attorneys Carl F. Brooker and Michael A. Deshong.

The full agreement is attached here.

INVESTIGATING AGENCIES

Homeland Security Investigations

U.S. Customs and Border Protection