The U.S. Supreme Court has ruled that defendants in securities fraud cases brought by the SEC are entitled by the Seventh Amendment to have the SEC’s claims for civil money penalties decided by a jury and not in an...more
8/28/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
The Securities and Exchange Commission (SEC) Enforcement Division has launched an investigative initiative targeting the use of contractors and distributors by public technology companies operating internationally. The...more
The U.S. Department of Justice (DOJ) has announced plans to offer financial incentives to whistleblowers who report allegations of wrongdoing. It’s an effort to fill gaps left open by existing whistleblower and bounty...more
In a display of the United States' jurisdictional reach, the Justice Department has indicted KuCoin, a prominent global cryptocurrency exchange, along with founders Chun Gan and Ke Tang, for Bank Secrecy Act (BSA) and...more
Generative AI is finding its way into almost every corner of corporate operations – and investor relations is no exception.
Disney’s CEO Bob Iger has quipped that he looks forward to a time when AI does earnings calls for...more
In light of Russia’s invasion of Ukraine and intensifying strategic competition with China, the U.S. government is prioritizing enforcement of export controls and economic sanctions in unprecedented ways. We expect higher...more
Two recent guilty pleas involving a cryptocurrency exchange serve as a reminder to all money services businesses (“MSBs”)—including those ostensibly located outside the United States but that conduct business there—of the...more
3/4/2022
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BitMEX ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Department of Justice (DOJ) ,
FinCEN ,
Guilty Pleas ,
Know Your Customers ,
Money Services Business ,
Office of Foreign Assets Control (OFAC)
Two recent guilty pleas involving a cryptocurrency exchange serve as a reminder to all money services businesses (“MSBs”)—including those ostensibly located outside the United States but that conduct business there—of the...more
The Financial Crimes Enforcement Network (FinCEN) and the Commodity Futures Trading Commission (CFTC) reached one of the largest-ever resolutions with a cryptocurrency exchange on August 10, 2021. BitMEX is virtual currency...more
8/20/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BitMEX ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Institutions ,
FinCEN ,
FinTech ,
Popular ,
Suspicious Activity Reports (SARs) ,
Virtual Currency
On January 1, 2021, Congress enacted a broad range of anti-money laundering (“AML”) reforms within the Anti-Money Laundering Act of 2020 (the “AML Act”), as part of the National Defense Authorization Act for Fiscal Year 2021...more
2/4/2021
/ AML/CFT ,
Anti-Money Laundering ,
Beneficial Owner ,
BSA/AML ,
Corruption ,
Financial Crimes ,
Financial Institutions ,
Financial Transactions ,
Money Laundering ,
Terrorist Financing Regulations ,
Whistleblowers ,
White Collar Crimes
On October 8, 2020, the U.S. Attorney General’s Cyber-Digital Task Force released its Cryptocurrency Enforcement Framework. The Framework makes clear that, in addition to prosecuting bad actors who use cryptocurrency to...more
Anti-money laundering authorities are proposing a significant revision to the federal AML regulatory scheme with the aim of making it more effective while providing greater clarity to covered institutions. ...more
10/9/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Anti-Corruption ,
Anti-Money Laundering ,
Bank Secrecy Act ,
BSA/AML ,
Corruption ,
Financial Crimes ,
Financial Transactions ,
FinCEN ,
Money Laundering ,
Public Comment ,
Regulatory Agenda ,
Risk Assessment ,
White Collar Crimes
The Financial Crimes Enforcement Network (FinCEN) and federal banking regulators recently issued a Joint Statement intended to clarify the due diligence obligations of banks under the Bank Secrecy Act (BSA) regarding...more
9/17/2020
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BSA/AML ,
Customer Due Diligence (CDD) ,
FFIEC ,
Financial Institutions ,
Financial Regulatory Reform ,
FinCEN ,
Joint Statements ,
Politically Exposed Person (PEPs) ,
Regulatory Requirements ,
Risk-Based Approaches
The Department of Justice (DOJ) announced last week and earlier this month civil forfeiture actions brought by the United States Attorney’s Office for the District of Columbia to seize stolen or laundered virtual currency...more
9/2/2020
/ Corruption ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Financial Crimes ,
Financial Transactions ,
Forfeiture ,
Hackers ,
Money Laundering ,
Money Services Business ,
North Korea ,
Popular ,
Terrorist Financing Regulations ,
Virtual Currency ,
White Collar Crimes
Earlier this month, senior officials of the global money laundering and terrorist financing watchdog—the Financial Action Task Force (FATF)—issued a paper identifying challenges, good practices, and policy responses to new...more
Nearly five months into the worst global pandemic since the Spanish Flu of 1918, it should come as no surprise to the long-term care industry that COVID-19 is creating unprecedented legal and reputational risk for owners,...more
I. Background -
Sweden’s financial supervisory authority (“SFSA”) recently fined Swedbank AB a record 4 billion Swedish kronor (approximately $386 million) for deficiencies in its anti-money laundering (“AML”) processes...more
4/19/2020
/ Anti-Money Laundering ,
Beneficial Owner ,
BSA/AML ,
Corruption ,
Cross-Border Transactions ,
Enforcement Actions ,
Financial Crimes ,
Financial Institutions ,
Financial Transactions ,
Know Your Customers ,
Money Laundering ,
Sweden ,
White Collar Crimes
As the battle against COVID-19 intensifies, healthcare workers have become vocal about their perceptions of deficiencies surrounding patient care and safety within their workplaces and have expressed their views publicly on...more
On March 23, 2020, the co-heads of the SEC’s Division of Enforcement issued a statement urging public companies to be mindful of their insider trading policies and controls in light of unprecedented market conditions during...more
Earlier this month, Danske Bank A/S – Denmark's largest bank – announced that the United States Department of Justice ("DOJ") has initiated a criminal investigation relating to the bank's Estonian branch....more
10/30/2018
/ BSA/AML ,
Corruption ,
Criminal Investigations ,
Denmark ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Estonia ,
Financial Institutions ,
Financial Transactions ,
Jurisdiction ,
Money Laundering ,
Popular ,
White Collar Crimes
Today while addressing white collar practitioners at the New York City Bar Association, Deputy Assistant Attorney General Rod Rosenstein announced a new DOJ policy to avoid the “piling on” of multiple penalties for the same...more
Last week, the Supreme Court in Marinello v. United States significantly limited the government's ability to prosecute taxpayers for allegedly obstructive conduct related to potential tax violations. ...more
On March 13th, the Internal Revenue Service ("IRS") announced that the offshore voluntary disclosure program ("OVDP"), which was first launched in 2009 and modified several times, will close to new taxpayers after September...more
3/23/2018
/ Banking Sector ,
FATCA ,
FBAR ,
FinCEN ,
Foreign Financial Accounts ,
IRS ,
Offshore Funds ,
OVDP ,
Reporting Requirements ,
Tax Amnesty ,
Tax Evasion ,
Tax Planning ,
Voluntary Disclosure
Orrick partners Greg Morvillo and Amy Walsh co-authored an article for Law360 that examines how certain significant developments in various industries, coupled with official statements by the U.S. Securities and Exchange...more
3/7/2018
/ Cryptocurrency ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Digital Currency ,
Enforcement Actions ,
Marijuana ,
Omissions ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Regulatory Oversight ,
Regulatory Standards ,
Securities and Exchange Commission (SEC) ,
Spoofing ,
Virtual Currency ,
White Collar Crimes