Skip to main content
Menu Icon
Close

InfoBytes Blog

Financial Services Law Insights and Observations

Filter

Subscribe to our InfoBytes Blog weekly newsletter and other publications for news affecting the financial services industry.

  • CFTC orders respondent to pay $6.5 million for CEA violations

    Securities

    On December 20, the CFTC announced a settlement with a registered futures commission merchant (respondent) for allegedly violating the Commodity Exchange Act, Commission regulations, and Bank Secrecy Act compliance requirements. According to the CFTC, the respondent allegedly “failed to implement an adequate anti-money laundering [] program, particularly as applied to a futures and options trading account controlled by [a customer],” and “failed to implement risk-based limits concerning trading by [a customer].” The CFTC also alleged supervisory and recordkeeping failures stemming from the inadequate anti-money laundering program. The respondent is ordered to pay a $6.5 million civil money penalty and undertake certain remedial measures relating to the violations.

    Securities Financial Crimes CFTC Enforcement Commodity Exchange Act Bank Secrecy Act Anti-Money Laundering

  • OFAC publishes illicit drug trade sanctions regulations

    Financial Crimes

    On December 19, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced it is adding regulations to implement Executive Order (E.O.) 14059 of December 15, 2021, Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade. As previously covered by InfoBytes, the E.O. was issued due to the threat of drug trafficking into the U.S of illicit drugs, which “is causing the deaths of tens of thousands of Americans annually, as well as countless more non-fatal overdoses with their own tragic human toll.” Among other provisions, the E.O authorizes the Treasury Department to impose certain sanctions on any foreign person determined to have engaged in activities contributing to the international proliferation of drugs or to have knowingly received property derived from drug proliferation. According to the notice, the regulations are being published in abbreviated form to provide immediate guidance, and OFAC intends to add a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions.

    Financial Crimes Of Interest to Non-US Persons OFAC Department of Treasury OFAC Designations OFAC Sanctions

  • FCA fines UK bank £108 million over AML controls

    Financial Crimes

    On December 9, the Financial Conduct Authority (FCA) fined a UK bank more than £107.7 million for allegedly maintaining inadequate anti-money laundering (AML) controls at its business banking division. The bank’s AML controls and attempts to correct the problems were inadequate according to the FCA and “created a prolonged and severe risk of money laundering and financial crime.” The FCA further claimed that these alleged “serious and persistent gaps” prevented the bank from adequately overseeing more than 560,000 business customers between December 2012 and October 2017. According to the FCA, due to the alleged deficiencies, the bank was purportedly unable to verify information provided by customers about their business intentions and was unable to properly monitor the money that customers claimed would be going through their accounts compared with what was actually being deposited. The FCA’s investigation also identified several other mismanaged accounts that left the bank vulnerable to money laundering risk and found examples where the bank failed to promptly address “red flags” associated with suspicious activity. As a result, more than £298 million was routed through the bank before the accounts were closed.

    The FCA noted, however, that the fine was reduced from nearly £154 million (a 30 percent discount) due to the bank not disputing the findings. The bank, which has fully cooperated with the FCA’s investigation, released a statement emphasizing that while it took action to address the AML issues once they were identified, it accepts that its “AML framework at the time should have been stronger.” The bank has since implemented significant changes to address these issues by overhauling its financial crime technology, systems, and processes.

    Financial Crimes Of Interest to Non-US Persons Financial Conduct Authority UK Enforcement Anti-Money Laundering

  • OFAC announces Russia-related sanctions

    Financial Crimes

    On December 9, the U.S. Treasury Department’s Office of Foreign Assets Control announced sanctions against 18 entities related to the Russian Federation’s financial services sector. According to OFAC, the sanctions are taken in conjunction with the Department of State, which is concurrently designating a prominent oligarch in Russia, his network, and more than 40 additional persons linked to the Russian government as part of the U.S. government’s efforts to further limit Russia's ability to fund its war against Ukraine. As a result of the sanctions, all property and interests in property belonging to the sanctioned persons that are in the U.S. or in the possession or control of U.S. persons are blocked and must be reported to OFAC. Further, “any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked.” U.S. persons are prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons, unless exempt or authorized by a general or specific OFAC license.

    Financial Crimes Of Interest to Non-US Persons Department of Treasury OFAC OFAC Sanctions OFAC Designations SDN List Russia Department of State

  • OFAC issues sanctions, GL, and FAQ on countering narcotics

    Financial Crimes

    On December 14, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions pursuant to Executive Order 14059 against an individual for being involved in activities or transactions that materially contributed to, or pose a significant risk of materially contributing to, the international proliferation of illicit drugs or their means of production. According to OFAC, the designated individual is the leader of a Dominican Republic-based criminal organization engaged in various illicit activities, and his organization controls several drug trafficking routes into the U.S. As a result of the sanctions, all property and interests in property belonging to the sanctioned persons subject to U.S. jurisdiction are blocked and must be reported to OFAC. Additionally, “any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked.” U.S. persons are also generally prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons.

    The same day, OFAC issued Counter Terrorism General License (GL) 21A, Authorizing Limited Safety and Environmental Transactions Involving Certain Vessel. GL 21 authorizes all activities otherwise prohibited by the Global Terrorism Sanctions Regulations (GTSR), 31 CFR part 594, that are ordinarily incident and necessary to the limited safety and environmental activities described in paragraph (a) of GL 21A involving certain blocked persons and vessels through January 14, 2023. Additionally, OFAC announced it is amending a Counter Terrorism Frequently Asked Question 1097, which clarifies GL 21A.

    Financial Crimes Department of Treasury OFAC Of Interest to Non-US Persons OFAC Sanctions OFAC Designations

  • FinCEN issues proposed beneficial ownership information access and safeguards rulemaking

    Financial Crimes

    On December 15, FinCEN issued a notice of proposed rulemaking (NPRM) to implement provisions of the Corporate Transparency Act (CTA) that govern the access to and protection of beneficial ownership information. (See also FinCEN fact sheet here.) The NPRM follows a final rule issued by FinCEN at the end of September (effective January 1, 2024), which establishes a beneficial ownership information reporting requirement (Reporting Rule) and requires most corporations, limited liability companies, and other entities created in or registered to do business in the U.S. to report information about their beneficial owners to FinCEN. (Covered by InfoBytes here.)

    In accordance with CTA requirements related to beneficial ownership information access and safeguard provisions, FinCEN’s NPRM proposes regulations for establishing who may request beneficial ownership information, how the information must be secured, and non-compliance penalties. Specifically, the proposal would limit the disclosure of beneficial information to “[f]ederal agencies engaged in national security, intelligence, or law enforcement activities; state, local, and Tribal law enforcement agencies with court authorization; financial institutions with customer due diligence requirements and regulators supervising them for compliance with such requirements; foreign law enforcement agencies, prosecutors, judges, and other agencies that meet specific criteria; and Treasury officers and employees under certain circumstances.” The proposal would also require authorized recipients to maintain security and confidentiality protocols that align with the scope of access and use provisions.

    Among other things, the NPRM addresses aspects of the secure, non-public beneficial ownership database that is currently in development, and specifies when and how reporting companies may report FinCEN identifiers tied to entities. Under the proposal, foreign requesters would be required to make their requests for beneficial ownership information through intermediary federal agencies, and financial institutions would only be allowed to request this information from FinCEN for purposes of complying with customer due diligence (CDD) requirements and only after receiving consent from the reporting company to which the information pertains.

    Comments on the NPRM are due by February 14, 2023. FinCEN explained that this is the second of three rulemakings planned to implement the CTA. The third rulemaking, which will revise FinCEN’s CDD rule, will occur no later than one year after the effective date of the Reporting Rule.

    Financial Crimes Agency Rule-Making & Guidance FinCEN Of Interest to Non-US Persons Corporate Transparency Act CDD Rule Beneficial Ownership

  • OFAC designates over 150 vessels

    Financial Crimes

    On December 9, the U.S. Treasury Department’s Office of Foreign Assets Control announced sanctions pursuant to Executive Order 13818 against two individuals and the networks of entities they control, along with eight other affiliated entities. Additionally, this action identifies 157 People’s Republic of China flagged fishing vessels in which these entities have an interest. According to OFAC, the designations “demonstrates the U.S. government’s ongoing effort to impose tangible and significant consequences on those engaged in serious human rights abuse, including on those vessels engaged in illegal, unreported, and unregulated (IUU) fishing.” OFAC also noted that this is the first time Treasury has designated an entity listed on the NASDAQ stock exchange. As a result of the sanctions, all property and interests in property belonging to the sanctioned persons that are in the U.S. or in the possession or control of U.S. persons are blocked and must be reported to OFAC. Further, “any entities that are owned, directly or indirectly, 50 percent or more by one or more blocked persons are also blocked.” U.S. persons are prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons, unless exempt or authorized by a general or specific OFAC license.

    Financial Crimes Department of Treasury OFAC SDN List OFAC Sanctions OFAC Designations China

  • OFAC sanctions Zimbabwean persons

    Financial Crimes

    On December 12, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions pursuant to Executive Order 13469 against four Zimbabwean individuals, including the son of the President of Zimbabwe, and two Zimbabwean entities connected to a previously designated individual and his company that were sanctioned for materially assisting, sponsoring, or providing financial, material, logistical, or technical support for the Government of Zimbabwe. As a result of the sanctions, all property and interests in property belonging to the sanctioned persons that are in the U.S. or in the possession or control of U.S. persons, and “any entities that are owned, directly or indirectly, 50 percent or more in the aggregate by one or more of such persons are also blocked.” Additionally, U.S. persons are prohibited from engaging in any dealings involving the property or interests in property of blocked or designated persons, unless exempt or authorized by a general or specific OFAC license.

    OFAC also removed seventeen Zimbabweans from the Specially Designated Nationals and Blocked Persons List after determining that they “no longer undermine Zimbabwe’s democratic processes and institutions or meet any of the other criteria for designation under OFAC’s Zimbabwe sanctions program.”

    Financial Crimes Of Interest to Non-US Persons OFAC Department of Treasury OFAC Sanctions OFAC Designations SDN List Zimbabwe

  • FinCEN further extends FBAR filing deadline for certain individuals

    Financial Crimes

    On December 9, the Financial Crimes Enforcement Network (FinCEN) issued Notice 2022-1 to further extend the time for certain Report of Foreign Bank and Financial Accounts (FBAR) filings in light of the agency’s March 2016 notice of proposed rulemaking, which proposed to revise the Bank Secrecy Act’s implementing regulations regarding FBARs. (See previous InfoBytes coverage on the 2016 NPR here.) Specifically, one of the proposed amendments seeks to “expand and clarify the exemptions for certain U.S. persons with signature or other authority over foreign financial accounts,” but with no financial interest, as outlined in FinCEN Notice 2021-1 issued December 9, 2021. FinCEN noted that because the proposal has not been finalized, it is further extending the filing due date to April 15, 2024, for individuals who previously qualified for a filing due date extension under Notice 2021-1. All other individuals must submit FBAR filings by April 15, 2023.

    Financial Crimes Federal Issues Of Interest to Non-US Persons FinCEN FBAR Bank Secrecy Act

  • Danish financial institution fined $2 billion for anti-money-laundering compliance failures

    Financial Crimes

    On December 13, a Danish global financial institution pled guilty to conspiring to commit bank fraud and agreed to forfeit approximately $2 billion. According to court documents, the financial institution defrauded U.S. banks at which it held correspondent accounts by misrepresenting the state of its AML controls and transaction monitoring capabilities. According to the Department of Justice, between 2008 and 2016, the financial institution offered banking services through its Estonia branch, including a business line serving non-resident customers (known as “NRP”). The Estonia branch allowed NRP customers to transfer large amounts of money with little to no oversight, and branch employees conspired with NRP customers to hide the true nature of the transactions, including through the use of shell companies that obscured the actual owners of the funds. During this period, the Estonia branch processed $160 billion through U.S. banks on behalf of NRP customers.

    The financial institution and its Estonia branch were required to provide information to U.S. banks in order to open and maintain correspondent accounts. This included information related to AML controls, transaction monitoring, and customers. By at least February 2014, the financial institution became aware of some NRP customers who were engaged in highly suspicious and potentially criminal transactions, including through U.S. banks. The DOJ noted that the financial institution was also aware that the Estonia branch’s AML program and procedures were not appropriate to meet the risks associated with NRP customers, but instead of providing truthful information, the financial institution lied about the state of the Estonia branch’s AML compliance program.

    Under the terms of the plea agreement, the bank has agreed to a criminal forfeiture of $2.059 billion. The bank will also enter into separate criminal or civil resolutions with domestic and foreign authorities. The DOJ will credit approximately $850 million in payments made by the financial institution to resolve related parallel investigations by other domestic and foreign authorities. The DOJ noted that the financial institution “received full credit for cooperation and remediation because it provided full cooperation with the investigation and demonstrated recognition and affirmative acceptance of responsibility for its criminal conduct.”

    The same day, the SEC announced fraud charges against the financial institution in connection with a related, parallel proceeding. The financial institution agreed to pay roughly $413 million, including a $178.6 million civil monetary penalty, as well as $178.6 million in disgorgement and $55.8 million in prejudgment interest. The SEC said it will deem the disgorgement and prejudgment interest satisfied by forfeiture and confiscation ordered in parallel criminal cases with the DOJ, the United States Attorney’s Office for the Southern District of New York, and Denmark’s Special Crime Unit.

    Financial Crimes Securities SEC DOJ Of Interest to Non-US Persons Anti-Money Laundering Compliance Denmark

Pages

Upcoming Events