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DWS said ESG was in its DNA — the SEC found its own policy wasn't followed

Deutsche Bank's asset manager DWS marketed a strict ESG-integration process it didn't actually run, and paid the SEC $25M across two settled charges.

DWS Group · 2023-09-25

What happened

From August 2018, DWS Investment Management Americas told investors ESG was in its "DNA": it claimed a specific global ESG-integration policy governed how its investment teams weighed environmental and social factors, and a 2020 annual report said roughly half of its assets ran through ESG screening. The claims helped DWS raise money in a market where sustainable-labeled funds were commanding a premium.

The SEC's investigation, opened after DWS's own former sustainability chief Desiree Fixler went public in 2021 saying the ESG process was overstated, found that DWS's investment professionals had not actually implemented large parts of the policy it was marketing between August 2018 and late 2021. In a separate, unrelated action, DWS was also found to have failed to build an anti-money-laundering program tailored to the specific risks of the mutual funds it advised, as the Bank Secrecy Act required.

On 25 September 2023 the SEC settled both matters at once: a $19 million penalty for the ESG misstatements and a $6 million penalty for the AML failures, $25 million total, with DWS neither admitting nor denying the findings in either order.

Why it happened

  • Marketing a specific, named ESG-integration policy is a factual claim a regulator can test against internal practice — a vague sustainability pitch would have been far harder to prosecute.
  • The gap surfaced through a whistleblower — DWS's own former head of sustainability — not a routine audit, and she was the person best placed to know the policy wasn't followed.
  • Bundling the ESG penalty with an unrelated anti-money-laundering failure in one settlement showed the ESG claims weren't an isolated lapse in an otherwise tight compliance shop.
What it cost$25M SEC penalty ($19M ESG + $6M AML)costly

The lesson

A named, specific compliance policy is a promise a regulator can check line by line — vague sustainability language is safer precisely because it can't be disproven the same way.

Aftermath

German regulator BaFin separately examined the oversight role of a Deutsche Bank board member over DWS following the 2021 whistleblower allegations. DWS also narrowed how it measured which assets counted as ESG-integrated, and the volume it labeled that way fell by roughly three-quarters from its earlier disclosed figure.

Sources

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