Here's why all eyes will be on the size of Crown's (ASX:CWN) potential AUSTRAC fine

How will AUSTRAC's civil proceedings impact Blackstone's planned takeover of Crown?

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Key points

  • The Crown share price is back in the green today despite concerns the company could face significant AUSTRAC fines
  • AUSTRAC launched a civil case against Crown yesterday
  • If the case results in fines totalling more than $750 million, Blackstone could reportedly walk away from its $8.9 billion acquisition of Crown

The Crown Resorts Ltd (ASX: CWN) share price is recovering on Wednesday despite concerns that potential AUSTRAC fines could impact the $8.9 billion takeover offer from private equity firm, Blackstone.

The casino operator's share price dipped yesterday after AUSTRAC announced it is pursuing civil penalties against Crown in the Federal Court.

The watchdog claims Crown failed to comply with anti-money laundering and counter-terrorism financing laws.

At the time of writing, the Crown share price is $12.42, 0.4% higher than its previous close. For context, the S&P/ASX 200 Index (ASX: XJO) is currently up 0.19%.

Let's take a look at what the proceedings might mean for the planned takeover.

Could this impact the $8.9 billion Crown takeover?

The AUSTRAC investigation was addressed in the takeover's implementation deed. It states that any fine given by AUSTRAC is seen as a 'prescribed regulatory event' and thus, won't be treated as a 'material adverse change'.

However, according to reporting by The Australian, if fines handed to Crown total more than $750 million, Blackstone will be able to walk away from the takeover unscathed.

Blackstone declined to comment on the matter.

The case filed against Crown alleges Crown Melbourne breached Australia's anti-money laundering and counter-terrorism financing laws 382 times. Meanwhile, Crown Perth allegedly crossed them 165 times.

Each breach of the law could cost Crown between $18 million and $22.2 million.

Thus, the fines could theoretically cost the company billions of dollars. Though, it's worth noting that AUSTRAC will likely consider Crown's ability to pay before deciding on an amount.

This is likely no surprise to keen-eyed market watchers. The casino operator's half-year earnings report stated AUSTRAC's investigation was likely to result in civil penalty proceedings.

It also said it's "likely that Crown Melbourne and Crown Perth will be required to pay significant civil penalties" on the back of the proceedings.

However, the company hasn't put aside any provisions to pay the fines, stating it's impossible to estimate the potential cost.

Crown share price snapshot

The Crown share price has been cruising through 2022 so far.

It has gained 3% since the year began. It's also currently 24% higher than it was this time last year.

Crown's current share price is 5% lower than Blackstone's bid at $13.10 per share.

Motley Fool contributor Brooke Cooper has no position in any of the stocks mentioned. The Motley Fool Australia's parent company Motley Fool Holdings Inc. has no position in any of the stocks mentioned. The Motley Fool Australia has no position in any of the stocks mentioned. The Motley Fool has a disclosure policy. This article contains general investment advice only (under AFSL 400691). Authorised by Bruce Jackson.

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