RCBC appeals US court decision junking motion to dismiss

Yuchengco-led Rizal Commercial Banking Corp. (RCBC) has appealed to the New York Supreme Court to dismiss the lawsuit filed by the Bank of Bangladesh in connection with the $81-million cyber heist in 2016.

The US court, in a decision released last Jan. 14, ruled in favor of the Bangladesh central bank and confirmed its jurisdiction over RCBC and the individual defendants in the case, which was filed in May 2020.

“RCBC filed before the Supreme Court of the State of New York its notice of appeal from the denial of its motion to dismiss,” the lender said in a stock exchange filing on Friday.

Bangladesh Bank is seeking to recover $81 million in stolen funds, which was allegedly lost to North Korean hackers.

Some of the money was allowed to be transacted via correspondent banks in New York before being wired to fictitious accounts with RCBC. The money was withdrawn and later disappeared.

The complaint in the US court was for “conversion/ theft/ misappropriation; aiding and abetting the same; conspiracy to commit the same; fraud (against RCBC); aiding and abetting and conspiracy to commit fraud; conspiracy to commit trespass against chattels; unjust enrichment; and return of money received”, the disclosure on Friday showed.

Last week, the US court denied the motions to dismiss filed by RCBC and its current and previous employee defendants.

“Without ruling on the merits, the court confirmed its jurisdiction over RCBC and the individual defendants,” RCBC said in a previous regulatory filing.

“It also exercised its discretion to find that New York is a convenient forum to try the case. The Decision and Order merely resolved the jurisdictional issues and is not in any way a finding of liability on the part of RCBC or any of the individual defendants,” it added.

The US court directed the parties to mediate the dispute, the disclosure showed.