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  • Article

    Change Is Coming: Are You Ready? Corporate Transparency Act Of 2020

    If you use special purpose entities created by the filing of a document with a Secretary of State (or similar office under state law, Indian Tribal law, or foreign jurisdictions)...
    United StatesCorporate/Commercial Law
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    SEC Expands Jurisdiction To Sanctions Violations

    The Securities and Exchange Commission ("SEC") recently penalized a public company for violating U.S. economic sanctions.
    United StatesCorporate/Commercial Law
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
Article

Second Circuit Affirms Dismissal Of Putative Class Action Against Danish Bank For Failure To Allege An Actionable Misrepresentation Or Scheme To Defraud

On August 25, 2021, the United States Court of Appeals for the Second Circuit unanimously affirmed the dismissal of a putative class action against a Danish bank (the "Company")...
United StatesCorporate/Commercial Law
A&O Shearman
A&O Shearman
  • Article

    Biden Administration Issues Directive For Revitalized Strategies To Combat Corruption And Financial Crime, Signaling Increased Enforcement Effort

    On June 3, 2021, President Biden issued the first National Security Study Memorandum of his presidency, in which he declared fighting corruption "a core United States national security interest."
    United StatesCriminal Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    DOJ To Prosecutors: Think Twice And Ask Permission Before Charging

    Last week, Attorney General Merrick Garland issued a new DOJ charging and sentencing policy memorandum, replacing existing guidance to federal prosecutors in their exercise of prosecutorial discretion.
    United StatesCriminal Law
    Bracewell LLP
    Bracewell LLP
  • Article

    Eleventh Circuit Upholds The U.S. DOJ’s Expansive Approach To Anti-Corruption Enforcement

    Haiti Teleco controlled a monopoly on landline telephone services in Haiti, and Duperval was responsible for negotiating and awarding telecommunications contracts with the company's foreign customers.
    United StatesCriminal Law
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    FinCEN's 311 Action Targets Swiss MBaer And High-Risk Financial Crime

    The US Department of the Treasury's Financial Crimes Enforcement Network ("FinCEN") recently designated Swiss bank MBaer Merchant Bank AG ("MBaer") as an institution of "primary money laundering concern"...
    United StatesCriminal Law
    WilmerHale
    WilmerHale
  • Article

    Jury Acquits Foreign National In Apparent Rebuke Of DOJ's Attempt To Police Overseas Corruption

    On December 2, 2019, following a nearly seven-week trial, jurors acquitted Lebanese businessman Jean Boustani of fraud and money laundering charges in a federal trial in Brooklyn.
    United StatesCriminal Law
    DLA Piper UK LLP
    DLA Piper UK LLP
  • Article

    SEC Charges WhatsApp-Driven Crypto Fraud Schemes Totaling Over $15 Million

    The SEC has charged two offshore entities with orchestrating sophisticated investment confidence scams that defrauded over 2,000 retail investors of at least $15.3 million through fake AI-powered crypto trading platforms. Using WhatsApp group chats, impersonated investment professionals, and fabricated regulatory filings, the defendants created elaborate schemes that promised guaranteed returns while stealing investor funds through shell companies and blocking withdrawal attempts with demands for additional
    United StatesCriminal Law
    Ballard Spahr LLP
    Ballard Spahr LLP
  • Article

    Top 10 International Anti-Corruption Developments For August 2018

    In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month,...
    United StatesCriminal Law
    Morrison Foerster
    Morrison Foerster
  • Article

    Top 10 International Anti-Corruption Developments For August 2022

    Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law...
    United StatesCriminal Law
    Morrison Foerster
    Morrison Foerster
  • Article

    FinCEN Adopts Rule To Expand Section 314(a) Information Sharing Procedure

    The U.S. Treasury Department’s Financial Crimes Enforcement Network ("FinCEN") adopted a rule (the "Final Rule") to expand the range of law enforcement agencies eligible to make requests for information under the information sharing procedures adopted by FinCEN pursuant to Section 314(a) of the USA Patriot Act.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    FinCEN Issues Joint Advisory On Non-Work Authorized Populations And Their Employers And Risks To The Integrity Of The US Financial System

    FinCEN has issued a joint advisory urging financial institutions to heighten vigilance against fraud schemes involving unlawful employment of non-work authorized populations, identifying identity theft and payroll fraud...
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    FinCEN Issues Proposed Rule On Access To Beneficial Ownership Information

    On December 15, 2022, the Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking (Access NPRM) that seeks public comment on its proposed rules governing access to,...
    United StatesFinance and Banking
    Arnold & Porter
    Arnold & Porter
  • Article

    FinCEN Proposes Anti-Money Laundering Rules For Registered Advisers

    FinCEN's rules would define investment advisers as "financial institutions" for purposes of the Bank Secrecy Act (BSA).
    United StatesFinance and Banking
    Morrison Foerster
    Morrison Foerster
  • Article

    FinCEN "Reiterates" The Importance Of MSB Agent Monitoring

    FinCEN itself says that there's not much new in the guidance to money services businesses that the agency released last Friday (March 11, 2016) on agent monitoring (the Guidance).
    United StatesFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Suspicious Activity Reports: What You CAN Disclose

    Federal banking regulators and FinCEN have issued new guidance clarifying what financial institutions can tell customers about suspicious activity without violating Bank Secrecy Act confidentiality rules. The Joint Statement addresses the long-standing tension between SAR confidentiality requirements and the need for transparent customer communications about account restrictions, closures, and transaction denials.
    United StatesFinance and Banking
    Adams and Reese LLP
    Adams and Reese LLP
  • Article

    Treasury Announces Proposed Rule To Implement The GENIUS Act’s Requirements To Counter Illicit Finance

    The US Treasury has proposed a comprehensive regulatory framework requiring payment stablecoin issuers to implement anti-money laundering and sanctions compliance programs, marking the first time federal law explicitly mandates such requirements for a specific category of US persons.
    United StatesFinance and Banking
    WilmerHale
    WilmerHale
  • Article

    2019: The Year Ahead In AML And Sanctions Compliance

    AML and sanctions compliance enforcement costs remain in the billions as financial institutions in the US continue to be challenged by new regulatory requirements and continuing enforcement action
    United StatesGovernment, Public Sector
    Arnold & Porter
    Arnold & Porter
  • Article

    Agencies Review Supervisory Model Risk Management Guidance And BSA/AML Compliance

    The agencies stated that there is no specific organizational structure for BSA/AML system oversight, and that a bank may decide which principles in the MRMG are useful to it.
    United StatesGovernment, Public Sector
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
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