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Adobe PDFFive Years Later, No Criminals?
Bernstein Litowitz Berger Grossmann LLP;
Legal Alert/Article
July 24, 2014, previously published on Summer 2014
Judge Jed S. Rakoff recently delivered a powerful speech at the New York City Bar Association addressing corporate accountability after the 2008 financial crisis. The number of high-level executives criminally prosecuted for fraud related to the crisis is zero. Even though the U.S. federal...


HTMLTaking the Fifth - A quick reference
Law Offices of Charles M. Farano;
White Paper
July 15, 2014, previously published by Charles M Farano on July 2014
Taking the fifth can be more than it seems.


HTMLLegal Implications of Accepting Bitcoin as Payment
Rahim Esmail, Terry (Dapeng) Gao, Emily MacKinnon; McCarthy Tétrault LLP;
Legal Alert/Article
March 6, 2014, previously published on March 3, 2014
The number of Canadian businesses accepting virtual currencies as a form of payment is growing. Bitcoin is emerging as the most popular of these new currencies - none of which are subject to a central authority. Governments, including Canada’s federal government, are starting to take note,...


HTMLEffective Anti-Money Laundering Policies: Essential for All Financial Institutions
Stephen G. Huggard, Haley Morrisson; Edwards Wildman Palmer LLP;
Legal Alert/Article
February 24, 2014, previously published on February 19, 2014
More than ever before, financial institutions must have effective anti-money laundering policies. In his recent speech to the Association of Certified Anti-Money Laundering Specialists, U.S. Attorney for the Southern District of New York Preet Bharara emphasized that enforcing the Bank Secrecy Act...


Adobe PDFBank Secrecy Act and Anti-Money Laundering Programs Continue to Result in Significant Penalties
Stephen F. Donahoe, Erich M. Hellmold, Aaron M. Kaslow, Michael A. Mancusi, Kevin M. Toomey; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
February 20, 2014, previously published on February 19, 2014
Bank Secrecy Act (“BSA”) compliance, and in particular anti-money laundering (“AML”) controls, remains a focus of regulators as evidenced by record fines levied in recent weeks. On February 7, 2014, the Financial Industry Regulatory Authority, Inc. (“FINRA”)...


HTMLFinCEN Promotes Use of Section 314(b) Safe Harbor to Fight Money Laundering and Terrorist Financing
Christina N. Davilas; Bingham McCutchen LLP;
Legal Alert/Article
November 20, 2013, previously published on November 15, 2013
On October 31, 2013, the Financial Crimes Enforcement Network (“FinCEN”) issued a fact sheet on Section 314(b) of the Patriot Act (the “Fact Sheet”). In the Fact Sheet, FinCEN “strongly encourages information sharing” among financial institutions through Section...


HTMLFinCEN Issues Guidance on FATF’s Designation of Jurisdictions With AML/CFT Deficiencies
Christina N. Davilas; Bingham McCutchen LLP;
Legal Alert/Article
September 30, 2013, previously published on September 27, 2013
On September 17, 2013, the Financial Crimes Enforcement Network (“FinCEN”) published an Advisory concerning recent updates by the Financial Action Task Force (“FATF”) to its designation of jurisdictions with strategic anti-money laundering/counter-terrorist financing...


Adobe PDFExtraterritorial Application of Criminal Securities Fraud Liability: Second Circuit Extends Morrison v. National Australia Bank Ltd. to Criminal Cases; Rules that Section 10(b) Does Not Reach Fraud Committed Abroad Involving Non-U.S. Listed Securities
Sullivan Cromwell LLP;
Legal Alert/Article
September 13, 2013, previously published on September 11, 2013
On August 30, 2013, the Second Circuit answered a question left open in the Supreme Court’s landmark decision in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010): do the limits imposed in Morrison on extraterritorial civil liability encompass criminal and SEC enforcement...


HTMLA Fraud is a Fraud
Gordon Feinblatt LLC;
Legal Alert/Article
July 17, 2013, previously published on July 11, 2013
VanSickle v. K Bank, No. 1613, Sept. Term 2010 (Md. Court of Special Appeals, Feb. 28, 2012), was decided under the Maryland version of the Uniform Fraudulent Conveyances Act (“MUFCA”). It is long and well-reasoned, and in view of the paucity of decisions under the Maryland Act, it is...


HTMLCFPB Investigation Leads to First Criminal Referral to DOJ
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
Legal Alert/Article
May 27, 2013, previously published on May 2013
Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the criminal indictment against the company, Mission Settlement Agency, and six...


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