Tuesday, 18 December 2018

Transvaginal Mesh Lawsuits and Complications – Do You Have a Case?

See if you qualify for a vaginal mesh lawsuit and learn how to hire the best lawyer

Transvaginal mesh is a medical device that has caused endless problems for female patients. Many of the implants have resulted in terrible health issues like erosion, infection, organ perforation and chronic pain. You might be eligible to join an active vaginal mesh lawsuit for products liability against a medical device manufacturer. Learn more about how to find and work with a transvaginal mesh lawyer.



Transvaginal mesh is a medical device that has a long, storied history of health complications. Far too many women had them implanted for stress urinary incontinence and pelvic organ prolapse before researchers learned about the risks involved. Now the medical device community is facing the legal backlash of vaginal mesh lawsuits for failing to anticipate what their products might do.

Who qualifies to participate in a vaginal mesh lawsuit?

Vaginal mesh lawsuits are, at their heart, products liability lawsuits. You will likely not be pursuing a medical malpractice claim against your surgeon unless there was gross negligence during the implant surgery or medical malpractice at some point; the real problem is with the implant itself.

Also, keep in mind that not every woman who has received a vaginal mesh implant will qualify for a lawsuit.

An attorney will want to know whether you had transvaginal mesh surgery or bladder sling surgery, and when that surgery took place. Sometimes lawsuits only focus on products made between certain date ranges. The lawyer will also want to know the condition that caused the implant to be inserted and what your transvaginal mesh complications were post-surgery.

The side effects are numerous for these types of surgeries, though only those that are clearly tied to the implant will be listed in a lawsuit (for instance, chronic low back pain might indeed be caused by the implant, but that is a nebulous condition caused by any number of things).

These are the transvaginal mesh complications mentioned in mesh lawsuits:


  • Bladder infection
  • Erosion or extrusion
  • Fistula
  • Mesh contraction
  • Mesh hardening
  • Nerve damage
  • Organ perforation
  • Pain during intercourse
  • Pelvic pain
  • Post-surgical infection
  • Recurring incontinence
  • Recurring prolapse
  • Revision surgery
  • Scarring
  • Urinary blockage
  • Urinary tract infection
  • Vaginal pain

Monday, 17 December 2018

3 Ways to Show Support on Mesothelioma Awareness Day
September is mesothelioma awareness month, with the actual mesothelioma awareness day falling on Wednesday the 26th. If you know someone or if you have a loved one who has been diagnosed, it is always helpful to show support for those suffering from this rare and aggressive form of cancer. Over 3,000 people every year are diagnosed with mesothelioma, and this number is only expected to rise as the population ages and tumors begin to form more regularly after the long latency period associated with mesothelioma.

What is important to remember about mesothelioma is that it is a preventable form of cancer. Even though asbestos is regulated in this country and restrictions are put on the amount that is legally used in manufacturing and building, there still exists no outright ban on the substance. The lack of any significant restrictions will mean more human contact with the substance and a higher risk of developing mesothelioma and other illnesses linked directly to asbestos exposure.



Here are three ways for people to show their support for those affected by mesothelioma on Mesothelioma Awareness Day:


  • Learn About the Causes, Symptoms, and Treatment Methods

One of the best things you can do to show support on mesothelioma awareness day for those who have been diagnosed is to educate yourself about the disease. Since this is a rare form of cancer, with a long latency period in which tumors develop, it is even more important to spread the word about this illness. Detecting cancer during its earliest stages is crucial for successful treatment outcomes and extending life expectancy.

Asbestos is a human carcinogen and the only known cause of mesothelioma. Becoming knowledgeable and spreading awareness about the cause of mesothelioma, and how exposure to asbestos at any level raises the risk of developing the disease, is essential to lowering the number of cases each year. This is especially important if people are constantly exposed. Showing support raises awareness and highlights that there is a community of people driving research and the development of new treatments and preventative measures.


  • Wear Blue or a Wristband

Blue, like with many other types of cancer, is the official color of recognition for mesothelioma. With the whole month being dedicated to mesothelioma awareness, there are a number of annual charity events and community support efforts for people affected by mesothelioma. Show your support for a loved one by wearing blue.

The Mesothelioma Guide also offers free wristbands to people who have been diagnosed with mesothelioma and their family members. The awareness wristbands are a great way to show support all year round for those suffering from mesothelioma.




  • Take Action on Mesothelioma Awareness Day

Another important aspect of showing support for mesothelioma victims is taking action to prevent more people from contracting the disease. The best way to do this is to sign Ban Asbestos petitions like the one promoted by the Asbestos Disease Awareness Organization (ADAO). The petition will be sent to congressional representatives who have the power to introduce bills to Congress that will curtail asbestos use in the United States. 

You can also call your Senators and State representatives and make your desire for an asbestos ban known to them. Representatives can also attend the 13th Annual ADAO Congressional Staff Briefing on asbestos. This is a good first step to getting legislation written and passed to protect their constituents from asbestos exposure.



With the cases of mesothelioma on the rise in our rapidly aging population, it is more important than ever to draw as much attention to this disease as possible. With more support from people inside and outside of the community and the recognition that while this is a serious illness, it is preventable cancer through a complete ban on asbestos. Hopefully, with greater recognition of how serious this disease is, it will lead to more research and the development of treatments, as well as methods of early detection.
Minnesota has plenty of jobs, but health insurance? No
Nine years into a robust economic expansion, with Minnesota’s unemployment rate at historic lows, the number of people on public health insurance for the poor is still at historic highs.

Back in 2013, when Minnesota’s unemployment rate was 5 percent, the state had 740,000 people on Medical Assistance, also known as Medicaid. Since then, unemployment has fallen to 2.8 percent, while Medicaid rolls have grown every year, reaching 1.1 million.

The result is that, despite the strongest economy in a generation, roughly 1 in 5 Minnesotans qualify for subsidized health coverage.

That economic puzzle was compounded this month when the state released its latest budget forecast. It predicts that Medicaid growth will decelerate starting in 2019, the first sign of a slowdown since the Great Recession, but says total enrollment will not shrink in the next five years.

One reason for the program’s growth is that Minnesota deliberately expanded Medicaid under the federal Affordable Care Act of 2010, expanding eligibility to single adults and to higher income levels.



But a second explanation is that, despite the sinking jobless rate, it is still a stubborn economy with respect to wage growth and employer health benefits, leaving many workers eligible for state health insurance.

“If history is any guide, we certainly should be seeing more rapid wage growth than we have been,” said Steve Hine, a labor economist at the Minnesota Department of Employment and Economic Development. “There is still this segment of our population that is not necessarily benefiting by the strong employment situation.”

Some of the fastest growing sectors of the Minnesota economy are hospitality and retail, which traditionally offer lower wage, part-time jobs that do not offer health insurance benefits.

Cierra Brown, 19, has worked at Sam’s Club for five months and recently got promoted to a full-time position that she hopes will make her eligible for the company health plan. She’s worked for other retailers, including Target and Cub Foods, that did not offer her benefits. For two years she has been enrolled in Minnesota­Care, a companion program to Medicaid that has slightly higher income limits.

Single adults like Brown must make less than $24,280 to qualify.

“We make people feel ashamed that they are on some kind of assistance,” she said. “But they are not paying enough on these jobs for people to afford private insurance. I don’t feel ashamed, because I know it helps me.”

Even though many uninsured Americans are young and healthy, research has shown that having coverage increases the chance that people will get regular medical care and preventive services.

“Health insurance is so important because there are so many [people] that go untreated,” said Brown, who relies on the insurance for medications and mental health therapy visits.

The percentage of Minnesota employers that offer any health benefit has fallen significantly since 2001, when 68 percent of all jobs came with access to a health plan. That was one reason the state had one of the lowest uninsured rates in the country.

But in 2017, according to a Minnesota Department of Health survey, just 53 percent of employers offered health coverage. Although the uninsured rate is still low, it ticked up last year to 6.3 percent from 4.3 percent in 2015.

Nationwide, 60 percent of Medicaid beneficiaries who are not elderly or disabled are employed — and 42 percent work full-time, according to the Kaiser Family Foundation. Up to 80 percent of Medicaid enrollees live in a family where at least one family member works.

Even in a strong economy, Medicaid remains an option for many in the workforce. One New York City-based company, BeneStream, actually helps employers identify workers who would be eligible for public health insurance and helps sign them up.

“All of our employers offer health insurance,” said Ben Geyerhahn, company founder and chief executive. “What we are doing is creating another opportunity for the individual” who can’t afford to pay premiums or deductibles.

The company serves some multistate employers, such as nursing homes, as well as those who work in the gig economy, such as Uber drivers. Four of its national clients have operations in Minnesota.

The trend is not lost on public officials in Minnesota, where Medicaid will account for $11 billion in the current biennial budget.

“Do I think large employers should provide access to quality health care and benefits to their employees? Absolutely,” said Emily Piper, Minnesota health services commissioner. “Does it always happen? No. Should it happen more? Yes.”

One industry pulling back on coverage is health care.

Employees “are working full-time hours, but they are not eligible for benefits,” said Jamie Gulley, president of the SEIU Healthcare Minnesota union. Increasingly, he said, workers in jobs that do not require a professional degree are being hired into positions that officially are listed as having 16-hour workweeks without benefits. But employees are typically scheduled to work 40 hours a week.

“We are working to have their official positions upgraded to be benefit eligible,” but it has been an uphill battle, Gulley said.

One of the fastest-growing jobs is in home health care, but those positions typically pay about $12 an hour.

“You could be a home care worker and work full time for a year and still be under $24,000” in salary, he said. Most of Minnesota’s home care workers are on Medicaid or MinnesotaCare, he added.

To be eligible for Medicaid, single adults must earn less than $16,146, but the limits increase for families. A family of four would be eligible if members’ combined income is less than $33,383.

At higher income levels, children in families can qualify for Medicaid even if their parents can’t. A family of four making less than $69,000 can enroll their children for health coverage that comes without premiums, co-payments or deductibles.

Infants and children comprise nearly half of Medicaid enrollment, or about 515,000 in 2018, a 15 percent increase since 2014.

Minnesota’s strong economy has immediate effects on some public assistance programs. Enrollment in Minnesota’s cash welfare assistance program, for example, has fallen nearly 9 percent, and the number of people receiving food stamps is down about 6 percent over the past year.

Thursday, 13 December 2018

New York Supreme Court Allows Woman’s Mesothelioma Talc Case to Move Forward


Many people diagnosed with mesothelioma who have no known exposure to asbestos are realizing that they were sickened by the use of talc-based products, and they are seeking justice throughout the court system. A recent example involves Desiree Hooper-Lynch, a New York woman who is filing suit against Imerys Talc America, Inc. and Cyprus Amax Minerals Companies. Ms. Hooper-Lynch claims that her mesothelioma was caused by use of Colgate Palmolive Company’s Cashmere Bouquet body powder product, and that the two companies sold Colgate Palmolive the asbestos-contaminated talc responsible for her illness.

Malignant mesothelioma has long been associated with occupational exposure to asbestos, a mineral that adds strength and insulation against fire and heat to numerous applications. In recent years, however, there has been a rising tide of concern about the presence of asbestos in one of the world’s most trusted household products — talc-based powders. Talc is a mineral that is often found near deposits of asbestos, and this proximity has been linked to contamination of talc sold for a variety of purposes, including baby powders and body powders. Ms. Hooper-Lynch’s claim indicates that she used Cashmere Bouquet from 1968 through 1985, and that the raw talc that the defendants sold for the product to be manufactured contained asbestos. Rather than argue against the contamination, the defendants chose to assert that they cannot be sued in New York because of a lack of personal jurisdiction: both companies are Delaware corporations, and claim that because they do not mine, manufacture, research, develop, design or test talc or talcum powder in the state, they could not be held responsible there. The Supreme Court of New York County denied their motion for summary judgment, indicating that because both transacted business in the state, and that for a minimum of six years “sold talc and shipped it to Colgate-Palmolive in New York on a continuous basis.” Ms. Hooper-Lynch’s case will be able to proceed.

Mesothelioma victims face many challenges, but there are also many resources available to provide them with support. If you need guidance or assistance, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.

Monday, 20 November 2017

Jax moves closer to opioid lawsuit; lawyers to be chosen in December
The opioid overdose epidemic continues in Jacksonville, and a Jacksonville City Council Special Committee is still addressing the matter.

Even as legislators mull a path forward on treatment, the city is also considering legal action against pharmaceutical companies — continuing a trend we are seeing nationwide.
Committee Chairman Bill Gulliford told a story of a 29 year old who overdosed — the son of a friend.

“It encouraged me even more to do everything we can to address this scourge,” Gulliford said, noting that the overdose victim first took opioids after a motorcycle accident.

One means of addressing the scourge: legal action against the pharmaceutical companies.

The Office of General Counsel is vetting what are called “prestigious” law firms, with a decision expected early in December.
Earlier this year, the Jacksonville City Council approved a resolution OKing legal action.

“The general counsel’s approved it, and I don’t feel like there’s any impediment,” Gulliford said.

The city has absorbed real costs from the opioid epidemic.

Overdoses, at last count, end four times as many lives as homicides in Duval County, with 2016’s count of 464 casualties more than doubling 2015’s count of 201.

Caucasians represent 86 percent of the deaths, and over half of those passing away are in their 30s and 40s.

And things could get worse: a fentanyl derivative being used to cut heroin in the Ohio Valley doesn’t respond to Narcan.

911 calls for ODs to the Jacksonville Fire and Rescue Department have tripled. Narcan administrations: up 500 percent. JFRD responded to over 3,411 calls in 2016, and the cost of transporting OD victims could near $4.5M this year.

JFRD is dealing with, on average, 321 calls a month related to overdoses alone, a representative said in the meeting.

Thursday, 9 November 2017

Roma refugees sue Toronto lawyers over failed asylum claims

Viktor Hohots, Joseph Farkas and Erzsebet Jaszi were previously found guilty of professional misconduct.


Three Toronto lawyers who were found guilty of professional misconduct in handling Roma refugees’ asylum claims, are facing separate class-action lawsuits from their former clients.

The proposed class-action members would comprise refugee claimants from Hungary who sought asylum in Canada from Jan. 1, 2009 through Dec. 31, 2013, were represented by Viktor Hohots, Joseph Farkas or Erzsebet Jaszi, and had their claims rejected due to the lawyers’ alleged negligence.

“We have alleged that these lawyers accepted legal aid retainers but abdicated their professional responsibilities, engaged in professional misconduct and negligently represented their clients,” said litigation lawyer Sean Brown, who represents the plaintiffs.

The lawsuits claim the lawyers exhibited “a systemic pattern of conduct, which resulted in many of the defendant’s clients receiving inadequate and negligent service, such that they lost the opportunity to have their claims decided on their merits.”

All three lawyers had previously been found guilty by the Law Society Tribunal of failing to properly serve their clients.

Hohots, who was called to the bar in 2003, was suspended from practising as a lawyer for five months, and barred from practising refugee law for two years. He also had to undergo a review and was ordered to pay $15,000 in legal fees.

Farkas, who was licensed in 1991, was suspended for six months, placed under supervision and ordered to pay $200,000 in costs to the law society. He has already served his suspension but is appealing the finding of professional misconduct and the costs award. A decision is pending.

Jazsi was disbarred and ordered to pay $50,000 in costs. She died earlier this year, and the class-action lawsuit names her estate as the defendant.

The lawyers have not yet filed statements of defence in response to the proposed lawsuits. Hohots did not respond to the Star’s requests for comment about the allegations. Farkas also declined to comment. The allegations against the trio have not been proven in court.

According to an Osgoode Hall Law School study, there were more than 11,000 Roma refugee claimants, mostly from Hungary, in Canada between 2008 and 2012, and only 8.6 per cent of their claims were successful while more than half were abandoned or withdrawn, largely as a result of poor legal representation. The three lawyers were counsel to hundreds of Roma refugees in Greater Toronto.

“We represent some of the most vulnerable members of society, refugee claimants who were victimized in their home country on the basis of their ethnicity. Miraculously, they made it to the safety of Canada and were prepared to go through our refugee system,” said Brown.

According to the proposed lawsuits, the former clients of the lawyers — abroad or still in Canada — would qualify to join the action if they failed their asylum claims and their counsel:

abdicated their own responsibilities and inappropriately passed their professional tasks to others;
failed to complete and file the narrative of the client’s asylum claim with supporting evidence;
completed or filed “manifestly inadequate and incorrect” information in the client’s claim;
failed to appear at asylum hearings;
failed to arrange for translation services for meetings and hearings as needed.
In the statement of claim against Hohots, Istvan Horvath, one of the three representative plaintiffs, claims the lawyer did not attend his refugee hearing, which was attended by another woman who arrived late and was unfamiliar with his case. Horvath’s claim was rejected in June 2012, but he was ultimately permitted to stay in Canada on humanitarian grounds.

In the lawsuit against Farkas, former client Renata Galamb says her asylum narrative was completed by a Hungarian-language interpreter who was employed at the lawyer’s office. She alleges the interpreter included false statements in her asylum claim and that she never met the lawyer until the date of her hearing. Her claim was rejected in 2012, but a new lawyer successfully got her case reopened. It is ongoing.

Samuel Horvath, who came to Canada for asylum in 2009, claims in his lawsuit that the asylum narrative that Jaszi completed for him was returned by the refugee board for deficiencies. He alleges the lawyer failed to show up at his first refugee hearing and “was completely incoherent and seemed to be intoxicated” at the rescheduled hearing. He and his family were deported back to Hungary in 2014 after their asylum claim was refused.

Wednesday, 8 November 2017

Proposed tax bill could boost US P&C earnings
The proposed House tax-reform bill could mean boosted earnings for property and casualty companies.

The bill calls for a reduction in the corporate tax rate from 35% to 20%. That could lift earnings of US P&C companies by an average of 14%, according to an analysis by Morgan Stanley. However, the bill’s provisions on excise tax and intercompany debt could deal a blow to global P&C companies.

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The bill’s excise provision calls for a 20% tax on payments to foreign affiliates, according to a report by Intelligent Insurer. Under the provision, companies can elect to pay US tax on the foreign earnings rather than gross receipts – but that will be a negative for foreign reinsurers, according to the Morgan Stanley analysis.

The intercompany debt provision may also result in a tax hike for global P&C companies. The proposed bill limits the deduction of interest by domestic subsidiaries of international groups, much like proposed Treasury regulations limiting “earnings stripping,” Intelligent Insurer reported.

Earnings stripping lowers taxable income at US subsidiaries of foreign companies through related party debt between the US arms and their foreign parents. If earnings stripping is limited, it could increase the effective tax rate for global companies like Aon and Marsh & McLennan Companies, according to Intelligent Insurer.
Florida lawyers reach plea agreements for auto insurance fraud scheme
Two South Florida personal injury lawyers facing charges in an insurance fraud investigation have reached plea agreements and are cooperating with the authorities.

A total of six attorneys were arrested in September for allegedly participating in an insurance fraud scheme that allowed them to take in profitable kickbacks. Most of the lawyers arrested faced multiple felony counts suggesting that they paid for referrals from tow truck drivers, auto repair employees, and other personnel with access to vehicle collision reports.

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Prosecutors note that the attorneys used the referrals with medical practices to make fraudulent motor vehicle tort and personal injury protection claims.

Steven Slootsky of Steven E. Slootsky P.A. in Boca Raton was the first to commit to a plea. According to the agreement filed in Broward Circuit Court, Slootsky has agreed to plead guilty to 15 felonies, spend up to five years in prison and pay over $170,000 in restitution.

The other lawyer to enter into a plea agreement, Vincent Pravato of Fort Lauderdale-based Wolf and Pravato, reached a deal Friday. He faces three felonies – namely communications fraud, unlawful use of a two-way communication device, and patient brokering.

The deal for both lawyers also requires them to make restitution payments to 11 insurance companies: 21st Century/Security National/Foremost, Esurance, Geico, Infinity, Liberty Mutual, MAPFRE, Ocean Harbor, Progressive, State Farm, USAA, and Windhaven, Daily Business Review reported.

Under the plea agreement, Slootsky will have to pay about $34,039 to Geico, $22,276 to State Farm, $18,433 to Progressive, $16,077 to Ocean Harbor, $15,407 to 21st Century/Security National/Foremost, $15,067 to Liberty Mutual, $14,885 to MAPFRE, $13,843 to Esurance; $8,469 to Windhaven, $5,887 to Infinity and $5,819 to USAA . This does not include the cost of prosecution (nearly $2,937), investigation ($5,000), and forensic services ($1,420) that he has also agreed to pay for.

Wednesday, 4 January 2017

China clamps down on ‘exotic’ coverage

Regulator bans policies for afflictions together with zits, sleep deprivation and smog

China clamps down on ‘exotic’ coverage

Chinese language people will no longer be able to take out cover against pimples, sleep deprivation or smog after regulators banned coverage merchandise deemed “attention-grabbing”, “speculative” and “wonderful”.
He guidelines issued by means of the china insurance regulatory commission are a part of a broader crackdown on non-traditional merchandise.

Last month the commission released a marketing campaign against insurers straying past their center enterprise version — insuring against personal losses — by using selling brief-term investments known as common insurance products, the proceeds of which have been used to fund acquisitions.

Liu shiyu, the fee’s chief, warned insurers no longer to come to be “barbarians” and “robbers” by way of aggressively acquiring agencies in leveraged buyouts.

Later that month, the imperative monetary work convention, china’s pinnacle economic policymaking body, made handling financial chance and stopping asset bubbles a priority for the approaching 12 months.

“after the critical economic work conference, the whole regulatory framework has emerge as tighter and extra lively,” stated zhou hao, analyst at commerzbank in singapore. “liu shiyu’s speech marked a new direction for the circ, which is commonly the slowest of the regulators and is now choosing up its pace.”

China’s biggest fintech structures have additionally entered the “uncommon” coverage market. The 400m registered users of tencent’s alipay payment service should buy a “deal with the beautiful cook” package that pays out if the covered individual suffers cuts or burns even as making ready food.

Jd.Com, china’s second-largest ecommerce platform, offers an “surprising being pregnant” plan that will partly cowl scientific expenses for an abortion.

Different merchandise on offer encompass “overtime insurance” that can be redeemed if the consumer is on the office beyond 9pm, and “gourmands’ coverage” that can pay out within the event of indigestion.

The goods are now and again used to promote the insurance companies, with interest-grabbing advertisements that purpose to go viral.

Even though regulators have formerly attempted to stop smog insurance, the new regulations cowl a broader set of merchandise. They encompass those “wherein the insured event will now not result in any loss to the purchaser” — in different phrases, thinly veiled playing; “merchandise without a real content, in which the cause of the product is for growing marketing hype”; and standard coverage products that commonly integrate life coverage with a excessive-return funding now not related to any event being insured against.

Final week the fee despatched inspectors to nine huge insurers to screen the enforcement of bans on conventional products. Those and different investment-like merchandise account for greater than ninety consistent with cent of the overall premiums at evergrande life, and more than 30 in keeping with cent of charges within the coverage quarter, in accordance to research by means of nsbo china, an investment bank.

Tuesday, 3 January 2017

Correspondent banking: still in rude health?
Correspondent banking: still in rude health?Correspondent banking represents the cornerstone of the global payment system designed to serve the settlement of financial transactions across country borders. Various activities drive the need for cross-border correspondent banking: in trade finance where goods or services transferred across borders need to be settled; in international infrastructure and aid projects where funds need to be disbursed to vendors and contractors involved; and where an overseas worker looks to remit earnings back to his family back home. Each relies on the banking system, providing just examples of the need for cross-border correspondent banking services.
However in recent years, the number of correspondent banking relationships (CBRs) has declined globally. Data from the Bankers Almanac compiled by Accuity shows that between 2013 and 2016, the number of correspondent banking relationships declined from 360,785 to 223,247, representing a 38% decrease globally. That sharp fall in global correspondent banking relationships is especially significant when contrasted with the increase in the number of banks in the same period. The research shows the total number of financial institutions increasing from 42,708 to 45,893
North America and Western Europe in particular have seen the largest reduction of CBRs, with falls of 46% and 39% reductions respectively, reflecting the general trend of the larger Tier 1 banks reviewing and retrenching their existing relationships. A large bank typically has multiple CBRs, as it deals with counterparty banks in different countries and currencies. It is not uncommon for multinational Tier 1 banks to have thousands of relationships, driven by clients’ requests to remit funds across borders in different currencies. World Bank research also supports this trend, with 75% of large banks reporting they had withdrawn from correspondent relationships.
The impact of the decrease in CBRs, combined with the increase in banks, demonstrates the significant decline of correspondent banking overall. There are three primary factors behind this decline; Regulatory drivers, emerging illicit payment corridors and changing payment models.

Regulatory drivers

Regulatory drivers are certainly a significant factor in driving the decline. Over the past five years, the number of penalties for non-compliance with anti- money laundering (AML) regulations has increased. To date the biggest penalties levied have been BNP Paribas, fined US$8.9bn in 2014 and HSBC US$1.9bn in 2013 for various alleged money laundering offences, including the stripping of references to Iran in US dollar wire payments for clearing in the US.
As a result, large banks are concerned with the inherent risks of dealing with transactions from sanctioned countries, including Iran, North Korea and other high-risk countries in the Middle East, Africa and the Caribbean. The challenge for Western correspondent banks here is the lack of understanding of the customer base of their respondent banks in these high-risk countries. The concern is that these respondent bank customers may be high risk themselves, leading the western correspondent banks to withdraw their CBRs ‘wholesale’ as the cost of conducting enhanced due diligence on each of the respondent bank customers proves too cost prohibitive based on the perceived increase in risks in those countries.

Emerging illicit payment corridors

The second factor is the increase in criminal activity that drive illicit financial flows in new payment corridors. In the European Union (EU), migrant smuggling is a highly attractive business for criminal networks, activity having grown significantly in 2015 and 2016. Smugglers control the whole chain from recruitment to arrival in Europe. A joint Europol/Interpol report shows migrant smuggling worth US$4.85bn annually and growing.
Smuggling proceeds need to be laundered through the financial system, increasing overall transaction risks for correspondent banking. This puts further pressure on banks in Eastern Europe and North Africa to identify source of funds. Western banks, keenly aware of the risks and the reputational damage from being associated with migrant smuggling and the human tragedy of refugees from Syria and elsewhere are more likely to de-risk and withdraw entirely from these regions. There are other payment corridors that continue to see illicit financial flows, including drug smuggling revenues from Latin America and the Caribbean into North America with extensive de-risking occurs in these regions as well.

Changing payment models

The third factor driving the decline in CBRs is related to the changing payment model itself. Globally, payment patterns are changing, with greater volumes of lower value payments crossing borders. Payment and lending roles, traditionally serviced by centralised banking functions, are now being disintermediated by emerging payment service providers and financial technology (fintech firms). These firms offer an alternative to traditional cross border payments, with new technologies such as distributed ledger and new models like payment netting offering consumers and corporates various alternatives.
Digital commerce, driven by Amazon, eBay, Alibaba and others, offer their customers cross-border payment transfer services that do not rely on the traditional ‘rails’ of correspondent banking. Global digital commerce sales (which are typically lower value transactions) are projected to grow from US$1.3 trillion in 2014 to US$3.6 trillion in 2019. These trends drive innovation in cross-border payment services that look to lower or eliminate the current inefficiencies and high transfer costs in traditional cross-border banking services.
The declining trend of CBRs globally will continue, with an estimated rate of decline between 15% to 20% over the next five years from the current 38% decrease in 2016. Implementing financial counterparty know-your-customer (KYC) solutions will help with bank to bank risk modelling. However, this rate of decline may even accelerate as new cross border payment models developed by fintechs mature, become more embedded into the financial ecosystem and provide viable alternatives for corporates that have typically relied on traditional cross-border payment rails to transfer large value payments.
Digital commerce and the ‘Internet of Things’ (IoT) will continue to drive lower value cross-border transactions requiring lower cost payment platforms. Banks will no longer be the only channel for cross- border payment solutions. Indeed, for banks to continue to be relevant, they will need to either partner with fintech providers or develop new cross-border payment solutions that drive down costs, improve transparency and transfer times for their customers.
Perhaps JP Morgan’s chief executive officer (CEO), Jamie Dimon, expressed it best: “Silicon Valley is coming. There are hundreds of startups with a lot of brains and money working on various alternatives to traditional banking. [..] You have all read about Bitcoin, merchants building their own networks, PayPal and PayPal lookalikes …. there is much for us to learn in terms of real-time systems, better encryption techniques, and reduction of costs and “pain points” for customers.”