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FinCEN and SEC Impose Historic Fine on Broker-Dealer for AML Violations

On March 6, FinCEN announced a historic enforcement action against Canaccord Genuity LLC, a registered broker-dealer, assessing an $80 million civil money penalty for willful violations of the BSA. FinCEN characterized the...more

DOJ Doubles Down and Commits to Department‑Wide Corporate Enforcement Policy

On March 10, DOJ announced the release of its first‑ever Department‑wide Corporate Enforcement Policy for criminal cases. According to DOJ, the policy draws on decades of corporate enforcement experience and reflects an...more

SDNY Formalizes Updated Corporate Self‑Disclosure Program, Offering Fast-Track Declinations and Clear Consequences for Silence

On Feb. 24, SDNY announced its updated Corporate Enforcement and Voluntary Self-Disclosure Program for Financial Crimes. The updated policy follows remarks by U.S. Attorney for SDNY Jay Clayton previewing the “big carrot” of...more

SEC Chair Signals Support for State Corporate Law Competition and a Scaled‑Back Federal Disclosure Regime

In remarks delivered on Feb. 17 at the Texas A&M School of Law Corporate Law Symposium, SEC Chairman Paul S. Atkins outlined a vision for the Commission and U.S. markets as a whole that emphasizes state‑level competition in...more

SDNY Previews New Corporate Self-Disclosure Policy and Heightened Individual Accountability

Speaking at the annual Securities Enforcement Forum in Manhattan on Feb. 5, U.S. Attorney for SDNY Jay Clayton outlined the Office’s current enforcement posture toward corporate and financial crime. ...more

DOJ’s Criminal Division Announces New Pilot Program on Voluntary Self-Disclosure for Individuals

Under the newly announced pilot program, individuals who fully cooperate and voluntarily provide the Criminal Division with information on certain types of corporate and white-collar offenses may receive an NPA in exchange...more

SEC Eyes Work-From-Home Pitfalls in Crackdown on Insider Trading and Off-Channel Communications

The new flexible work environment created in the post-pandemic years poses unique challenges for companies and individuals who work outside a traditional office. The SEC knows this and is actively enforcing the securities...more

SDNY Launches Whistleblower Program Aimed at Curbing Corporate and Public Corruption Crimes

The newly announced whistleblower policy gives certain individuals who promptly and completely cooperate with prosecutors the opportunity to receive a non-prosecution agreement in exchange for their information....more

SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications

The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more

DOJ Brings First-Ever Indictment for Insider Trading Based on Use of a Rule 10b5-1 Plan

On Wednesday, March 1 the Department of Justice (DOJ) announced its first-ever prosecution of an individual for insider trading based on an executive’s use of 10b5-1 trading plans. Terren Peizer, the executive chairman of...more

DOJ Announces Major Corporate Enforcement Policies

Monaco’s and Polite’s remarks, and the DOJ’s new policies and guidance, come amid the Department’s increasingly tough on corporate crime approach and emphasis on rewarding companies that have effective compliance programs...more

SEC Highlights New and Continuing Areas of Focus in Its 2023 Examination Priorities

On Feb. 7, 2023, the Division announced its 2023 examination priorities. These priorities, updated and published annually, provide insights into the Division’s prioritization of certain practices, products and services in its...more

Coinbase Wins Dismissal of Class Action Alleging Sale of Unregistered Securities

On February 1, the U.S. District Court for the Southern District of New York dismissed a putative class action brought by customers of Coinbase Global Inc. and its subsidiary Coinbase Inc. (together, Coinbase), alleging the...more

DOJ's Newly Revised Corporate Enforcement Policy Incentivizes Robust Compliance Programs, Cooperation and Remediation

On Jan. 17, AAG Polite announced “the first significant changes” to the CEP since 2017. The policy revisions will apply to all corporate criminal matters handled by the Criminal Division and offer companies “new, significant,...more

FINRA Signals Expanded Enforcement Priorities in Annual Report

The 2023 Report on FINRA’s Examination and Risk Monitoring Program was published on Jan. 10, 2023. In a statement accompanying the Report, Greg Ruppert, executive vice president of FINRA’s Member Supervision organization,...more

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