v3.25.2
Litigation and Regulatory Matters
6 Months Ended
Jun. 30, 2025
Commitments and Contingencies Disclosure [Abstract]  
Litigation and Regulatory Matters Litigation and Regulatory Matters
The following supplements, and should be read together with, the disclosure in Note 30, "Litigation and Regulatory Matters," in our 2024 Form 10-K and in Note 18, "Litigation and Regulatory Matters," in our Form 10-Q for the three-month period ended March 31, 2025 (the "2025 First Quarter Form 10-Q"). Only those matters with significant updates and new matters since our disclosure in our 2024 Form 10-K and our 2025 First Quarter Form 10-Q are reported herein.
In addition to the matters described below and in our 2024 Form 10-K and our 2025 First Quarter Form 10-Q, in the ordinary course of business, we are routinely named as defendants in, or as parties to, various legal actions and proceedings relating to activities of our current and/or former operations. These legal actions and proceedings may include claims for substantial or indeterminate compensatory or punitive damages, or for injunctive relief. In the ordinary course of business, we also are subject to governmental and regulatory examinations, information-gathering requests, investigations and proceedings (both formal and informal), certain of which may result in adverse judgments, settlements, fines, penalties, injunctions or other relief. In connection with formal and informal inquiries by these regulators, we receive numerous requests, subpoenas and orders seeking documents, testimony and other information in connection with various aspects of our regulated activities.
Due to the inherent unpredictability of legal matters, including litigation, governmental and regulatory matters, particularly where the damages sought are substantial or indeterminate or when the proceedings or investigations are in the early stages, we cannot determine with any degree of certainty the timing or ultimate resolution of such matters or the eventual loss, fines, penalties or business impact, if any, that may result. We establish reserves for litigation, governmental and regulatory matters when those matters present loss contingencies that are both probable and can be reasonably estimated. Once established, reserves are adjusted from time to time, as appropriate, in light of additional information. The actual costs of resolving litigation and regulatory matters, however, may be substantially higher than the amounts reserved for those matters. Some of our exposure may be offset by applicable insurance coverage. We do not consider the possible availability of insurance coverage in determining the amounts of any accruals (although we record the amount of related insurance recoveries that are deemed probable up to the amount of the accrual).
For the legal matters disclosed below, including litigation and governmental and regulatory matters, as well as for the legal matters disclosed in Note 30, "Litigation and Regulatory Matters," in our 2024 Form 10-K and in Note 18, "Litigation and Regulatory Matters," in our 2025 First Quarter Form 10-Q, as to which a loss in excess of accrued liability is reasonably possible in future periods and for which there is sufficient currently available information on the basis of which management believes it can make a reliable estimate, we believe a reasonable estimate could be as much as $125 million for HUSI. The legal matters underlying this estimate of possible loss will change from time to time and actual results may differ significantly from this current estimate.
Given the substantial or indeterminate amounts sought in certain of these matters, and the inherent unpredictability of such matters, an adverse outcome in certain of these matters could have a material adverse effect on our consolidated financial statements in any particular quarterly or annual period.
Madoff Litigation
In March 2025, HSBC Bank USA filed a motion for judgment on the pleadings seeking the dismissal of certain transfers allegedly received by HSBC Bank USA from certain Fairfield entities (together "Fairfield"), funds whose assets were directly or indirectly invested with Bernard L. Madoff Investment Securities LLC ("Madoff Securities"), an SEC-registered broker-dealer and investment adviser, on the basis that the claims are barred by the statute of limitations. The trustee liquidating Madoff Securities had commenced multiple adversary proceedings in the United States against fund shareholders, including various HSBC entities that acted as nominees for clients, seeking recovery of redemption payments. That motion is fully briefed and remains pending.
Mortgage Securitization Trust Litigation
The Mark Zittman case was dismissed and will no longer be reported.
Anti-Terrorism Act Cases
Kathaleen Freeman, et al. v. HSBC Holdings plc, et al. Defendants moved to dismiss plaintiffs' amended complaint in May 2025. The deadline for defendants to move to dismiss the amended complaint in Kathleen Stephens, v. HSBC Holdings plc, et al. is stayed until 30 days after the court rules on the pending motion in Kathaleen Freeman, et al. v. HSBC Holdings plc, et al.