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DOJ's Revisions to the Corporate Enforcement Policy Incentivize Self-Reporting of Misconduct

Summary - The Department of Justice (DOJ) last week issued revisions to the Criminal Division’s Corporate Enforcement Policy that incentivize companies to promptly self-disclose corporate misconduct, cooperate with the DOJ,...more

United States v. Banks: The Third Circuit Weighs in on Calculating Loss Enhancements Under U.S.S.G. § 2B1.1

Summary - The Third Circuit’s recent opinion in United States v. Banks changes how loss calculations impact sentencing guidelines under U.S.S.G. § 2B1.1, the Federal Sentencing Guidelines that govern the vast majority of...more

DOJ Files Lawsuit for $60 Million in Civil Penalties for Alleged BSA Violations by Crypto “Mixer”

On October 19, 2022, the U.S. Attorney’s Office for D.C., on behalf of the Financial Crimes Enforcement Network (“FinCEN”), filed a civil complaint against Larry Dean Harmon (“Harmon”), seeking $60 million in civil penalties...more

U.S. House Increases FinCEN’s Funding by Over 30%

Earlier this year, U.S. President Joe Biden requested an increase in spending for the Financial Crimes Enforcement Network (“FinCEN”) to $210 million. Last week, the U.S. House of Representatives (the “House”) passed a bill...more

FinCEN Acting Director Das Focuses on Corruption and Transparency During U.S. House Committee on Financial Services Testimony

On April 28, 2022, the Acting Director of the Financial Crimes Enforcement Network (“FinCEN”), Himamauli Das (“Das”), appeared before the U.S. House Committee on Financial Services to provide an update on FinCEN’s...more

Treasury Report:  No Immediate Need for BSA Regulations for the Art Industry

But AML Concerns Linger As To “High End” Art and NFTs - On February 4, 2022, the U.S. Department of the Treasury published a study (the “Study”) on the facilitation of money laundering (“ML”) and terrorist financing (“TF”)...more

FinCEN Issues Notice on Environmental Crimes and Illicit Financial Activity

Global environmental crime—the third largest illicit activity in the world, according to a report by the FATF—is estimated to generate hundreds of billions in illicit proceeds annually. This criminal activity harms human...more

Danske Bank Secures a Big Victory in Investor Suit Based on Alleged AML Violations

Danske Bank (Danske) recently secured a big victory in the United States Court of Appeals for the Second Circuit. On August 25, 2021, the appellate court unanimously affirmed the Southern District of New York’s dismissal of...more

The Tokyo Olympic Games and Increased Anti-Doping Enforcement

Summary - The Tokyo Olympics is the United States’ first opportunity to target and prosecute doping conspiracies under the Rodchenkov Anti-Doping Act (Rodchenkov Act), an act that criminalizes conspiracies surrounding the...more

FATF Concludes Fourth Plenary on Money Laundering and Terrorist Financing Risks

FATF Issues White Paper Addressing Challenges Facing Beneficial Ownership Collection - First Post in a Series on the FATF Plenary Outcomes - The Financial Action Task Force (“FATF”) held its fourth Plenary, virtually,...more

FinCEN Seeks Comments on Corporate Transparency Act Implementation

Seventh Post in an Extended Series on Legislative Changes to BSA/AML Regulatory Regime - On April 5, 2021, the Financial Crimes Enforcement Network (“FinCEN”) issued an advance notice of proposed rulemaking (“ANPRM”) to...more

SEC and DOJ Target Insider Trading on the Dark Web

The U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) brought actions against SpaceX engineer James Roland Jones for selling insider information on what’s known as the dark web....more

First Principles: AMLA Expands Stated Purpose of BSA and Exam Priorities

Revisions to BSA Will Inform Regulatory Examinations for Years to Come - Third Post in an Extended Series on Legislative Changes to BSA/AML Regulatory Regime - As we have blogged, the Anti-Money Laundering Act of 2020...more

(Another) Venezuelan Executive Indicted in a $160 Million Money-Laundering and Corruption Scheme

On November 25, 2020, Natalino D’Amato (“D’Amato”), a Venezuelan executive, was charged in an 11-count indictment with allegedly laundering $160 million between 2013 and 2017. The indictment, filed in the Southern District...more

FinCEN Issues Advisory on Human Trafficking

Advisory Suggests that COVID-19 Pandemic Exacerbates Conditions Contributing to Trafficking - The Financial Crimes Enforcement Network (“FinCEN”) recently issued an Advisory on Identifying and Reporting Human Trafficking and...more

DOJ and Multi-Agency Task Force Charge International Money Laundering, Drug Trafficking, and Illegal Wildlife Trade Scheme

“Front” Seafood Businesses Allegedly Hid the Proceeds From Smuggled Shark Fins and Marijuana Distribution - Last week, the U.S. Attorney’s Office for the Southern District of Georgia unsealed an indictment returned in July,...more

28 North Korean and 5 Chinese Bankers Accused of a $2.5 Billion Laundering Scheme

Indictment Again Highlights the Role of Correspondent Banking in Money Laundering - On May 28, 2020, the U.S. Department of Justice (“DOJ”) unsealed a 50-page indictment against 28 North Korean and 5 Chinese bankers...more

Task Force Enacted to Combat Industrial-Scale Hoarding and Price Gouging

In response to the COVID-19 pandemic and the shortage of necessary medical supplies, U.S. Attorney General William P. Barr, in a memo released on March 24, 2020, announced the creation of a special, nationwide task force to...more

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