The document discusses regulatory considerations for digital and virtual currencies from an anti-money laundering perspective. It provides an overview of key questions for virtual currency companies regarding their regulatory obligations. It also summarizes remarks from financial regulators emphasizing the importance of virtual currency companies having controls to address money laundering risks and meet reporting obligations. The document outlines elements of an effective anti-money laundering compliance program and notes increased scrutiny of individuals at financial institutions, including directors and officers, for anti-money laundering failures.
White Paper: Key Compliance Challenges in Cross-Border PaymentsPayoneer
Businesses initiating cross-border payments are subject to multiple payment regulations in both the originating country and the country in which they land.
The costs of non-compliance can be severe, including failed payments, fines, reputational damage and in severe cases, imprisonment.
In this white paper you'll learn:
About cross-border regulations and why should you care
What local regulations and bodies you should know about
How to adopt a risk-based approach in order to be compliant
What to include in your Risk & Compliance Program checklist
The Subprime Crisis & Implications for Microfinance (SVMN, 05/18/08)Dave McClure
Presentation on the US Subprime Crisis & Impact / Implications on Microfinance, by Katherine McKee, CGAP, to the Silicon Valley Microfinance Network (SVMN.net).
White Paper: Key Compliance Challenges in Cross-Border PaymentsPayoneer
Businesses initiating cross-border payments are subject to multiple payment regulations in both the originating country and the country in which they land.
The costs of non-compliance can be severe, including failed payments, fines, reputational damage and in severe cases, imprisonment.
In this white paper you'll learn:
About cross-border regulations and why should you care
What local regulations and bodies you should know about
How to adopt a risk-based approach in order to be compliant
What to include in your Risk & Compliance Program checklist
The Subprime Crisis & Implications for Microfinance (SVMN, 05/18/08)Dave McClure
Presentation on the US Subprime Crisis & Impact / Implications on Microfinance, by Katherine McKee, CGAP, to the Silicon Valley Microfinance Network (SVMN.net).
Enabling The Growth of P2P Finance - Simon Deane-JohnsSimon Deane-Johns
Summarising recent a recent submission to the UK government consultation on non-bank finance for small businesses, and the government's response to that consultation. A summary of the ensuing discussion is here: http://sdj-thefineprint.blogspot.co.uk/2012/03/financial-innovation-federation.html
Experience in Supervising Banks and Non-banks Operating through AgentsCGAP
Agent supervision is still an underdeveloped area in the majority of countries with the exception of a few countries that have created comprehensive and detailed supervisory frameworks, encompassing all phases, from licensing to monitoring, from inspections to enforcement.
The majority of countries have not yet fully developed their supervisory procedures to identify and mitigate agent risks, acting on a more reactive and ad-hoc basis.
The approach in supervising agents varies considerably depending on the overall approach taken by supervisors (with some being more intrusive and some more lax in supervising the financial sector)
In the countries where nonbanks (e.g. mobile money providers) have extensive agent networks (e.g. Tanzania), there is disparity in the approach to supervising bank-based vs. nonbank-based agents
During this webinar you will learn:
How new advanced fraud detection models, including clustering, data/text mining, machine learning and network analysis can detect more suspicious transactions and behaviours
How workflow decision learning will make your system smarter by learning based on previous decisions and interactions
How batch file attachments can be used to attach invoices, receipts and other documentation to alerts for proper record keeping during investigations
Our new search feature that allows organizations to search alerts, work items, cases, regulatory reports, comments and attachments, as well as data from outside sources, to look for potential risks (for example, searching Export Control Lists to screen for export controlled goods)
How Concur users can now open original images of receipts directly in CaseWare Monitor, making investigations easier
A42 banks race to defend from further reputational damageFreddie McMahon
The next wave of billion dollar fines is underway
as authorities are coming to the banks, already
armed with evidence of KYC, AML and CFT
systemic failings due to the way international
money transfers flow through correspondent
banks. This growing evidence shows how
money launderers’ businesses are successfully
laundering over a trillion dollars a year by
circumventing the controls of banks across the
world.
Financial crime hot topics: DPA's and Correspondent BankingBovill
At our February briefing in London, we looked at the evolution of and practical approaches to two current hot topics, Deferred Prosecution Agreements (DPAs) and Correspondent Banking.
Marketplace Lending in the U.S. - An industry overview March 2015Rajesh Kamath
This is a study of the marketplace lending business in the U.S.
Marketplace lending (used to be called peer-to-peer or P2P lending earlier) is growing at a scorching pace in some lending segments, which traditional lenders might have all but abandoned. It represents technology-led disruption in the personal and small business lending space. What started life as 'borrowing from friends, family and peers' has turned into a broader 'marketplace' model, and might be on the cusp of becoming a mainstream lending channel in the next few years.
It is getting increasing attention (and investments) from established institutional financial players.
This study intends to provide an overview of what the marketplace lending business is all about. It takes a deep dive into the structurals - products, customers, regulations, platform models and who is investing in this space. It also lists the key success factors in this business, and tries to gaze into the future of what might be in store for this business in the coming few years.
StubbsGazette Anti Money Laundering E BookJames Treacy
A comprehensive guide to Anti Money Laundering/Countering the Financing of Terrorism in the Irish Credit Union Sector (also highly relevant to other regulated sectors)
Learn the basics of credit in this easy-to-follow, introductory course that includes:
- What credit is and the different types of credit available
- How credit reports and credit scores work and the factors that go into building them
- Common options for building credit
And more!
Click through the slideshare to start your credit-education now.
Variables declared in a Java interface is by default final. An abstract class may contain non-final variables.
Members of a Java interface are public by default. A member of an abstract class can either be private, protected or public.
An interface is absolutely abstract and cannot be instantiated. An abstract class also cannot be instantiated, but can be invoked if it contains a main method.
Enabling The Growth of P2P Finance - Simon Deane-JohnsSimon Deane-Johns
Summarising recent a recent submission to the UK government consultation on non-bank finance for small businesses, and the government's response to that consultation. A summary of the ensuing discussion is here: http://sdj-thefineprint.blogspot.co.uk/2012/03/financial-innovation-federation.html
Experience in Supervising Banks and Non-banks Operating through AgentsCGAP
Agent supervision is still an underdeveloped area in the majority of countries with the exception of a few countries that have created comprehensive and detailed supervisory frameworks, encompassing all phases, from licensing to monitoring, from inspections to enforcement.
The majority of countries have not yet fully developed their supervisory procedures to identify and mitigate agent risks, acting on a more reactive and ad-hoc basis.
The approach in supervising agents varies considerably depending on the overall approach taken by supervisors (with some being more intrusive and some more lax in supervising the financial sector)
In the countries where nonbanks (e.g. mobile money providers) have extensive agent networks (e.g. Tanzania), there is disparity in the approach to supervising bank-based vs. nonbank-based agents
During this webinar you will learn:
How new advanced fraud detection models, including clustering, data/text mining, machine learning and network analysis can detect more suspicious transactions and behaviours
How workflow decision learning will make your system smarter by learning based on previous decisions and interactions
How batch file attachments can be used to attach invoices, receipts and other documentation to alerts for proper record keeping during investigations
Our new search feature that allows organizations to search alerts, work items, cases, regulatory reports, comments and attachments, as well as data from outside sources, to look for potential risks (for example, searching Export Control Lists to screen for export controlled goods)
How Concur users can now open original images of receipts directly in CaseWare Monitor, making investigations easier
A42 banks race to defend from further reputational damageFreddie McMahon
The next wave of billion dollar fines is underway
as authorities are coming to the banks, already
armed with evidence of KYC, AML and CFT
systemic failings due to the way international
money transfers flow through correspondent
banks. This growing evidence shows how
money launderers’ businesses are successfully
laundering over a trillion dollars a year by
circumventing the controls of banks across the
world.
Financial crime hot topics: DPA's and Correspondent BankingBovill
At our February briefing in London, we looked at the evolution of and practical approaches to two current hot topics, Deferred Prosecution Agreements (DPAs) and Correspondent Banking.
Marketplace Lending in the U.S. - An industry overview March 2015Rajesh Kamath
This is a study of the marketplace lending business in the U.S.
Marketplace lending (used to be called peer-to-peer or P2P lending earlier) is growing at a scorching pace in some lending segments, which traditional lenders might have all but abandoned. It represents technology-led disruption in the personal and small business lending space. What started life as 'borrowing from friends, family and peers' has turned into a broader 'marketplace' model, and might be on the cusp of becoming a mainstream lending channel in the next few years.
It is getting increasing attention (and investments) from established institutional financial players.
This study intends to provide an overview of what the marketplace lending business is all about. It takes a deep dive into the structurals - products, customers, regulations, platform models and who is investing in this space. It also lists the key success factors in this business, and tries to gaze into the future of what might be in store for this business in the coming few years.
StubbsGazette Anti Money Laundering E BookJames Treacy
A comprehensive guide to Anti Money Laundering/Countering the Financing of Terrorism in the Irish Credit Union Sector (also highly relevant to other regulated sectors)
Learn the basics of credit in this easy-to-follow, introductory course that includes:
- What credit is and the different types of credit available
- How credit reports and credit scores work and the factors that go into building them
- Common options for building credit
And more!
Click through the slideshare to start your credit-education now.
Variables declared in a Java interface is by default final. An abstract class may contain non-final variables.
Members of a Java interface are public by default. A member of an abstract class can either be private, protected or public.
An interface is absolutely abstract and cannot be instantiated. An abstract class also cannot be instantiated, but can be invoked if it contains a main method.
Bovill - the UK financial services regulatory consultancy - runs regular briefings. These are the slides from the February briefing on anti-money laundering. For more information visit http://www.bovill.com/FinancialCrime.aspx.
Information on the event is below:
Taking a company-wide approach to money laundering
“The FCA has made it very clear that responsibility for the overall culture of firms sits at the top. We need leaders and senior managers within the industry to set the tone for how their staff behave.”
Tracey McDermott, Director of Enforcement and Financial Crime, FCA
The regulator has recently reiterated their intention to carry out further thematic and enforcement work in financial crime. However, many firms still have a fragmented approach to managing the risks of money laundering.
The responsibility for preventing financial crime is shared across the firm from the back office to the boardroom. Firms need to take a company-wide approach to tackling money laundering to ensure they are complying with regulation and managing risks effectively.
Bovill’s briefing looked at Anti-Money Laundering (AML), covering:
• Governance arrangements: as the foundation for effective communication and issue resolution
• Risk management: the difficulties of negotiating the right level of due diligence for higher risk customers and what tools can be used to help with this process
• Systems and controls: ensuring that these are fit for regulatory purpose and are appropriately maintained within your firm.
A "back to basics" presentation of the fundamental anti-money laundering laws, including the Anti-Money Laundering Act of 2020 and the Bank Secrecy Act.
Bank Secrecy Act: De-Risk or Up Your Game?Jay Postma
September 24, 2014 presentation before the Georgia Bankers Association annual compliance conference covering Bank Secrecy Act, Culture of Compliance, De-Risking, BSA/AML Program Improvement, Money Services Businesses (MSBs), and Third Party Payment Processors (TPPPs or TP3s).
Basics of Anti-Money Laundering : A Really Quick Primer
What is Money Laundering?
The act of concealing or disguising (laundering) of funds obtained through illegal activity
so that they appear to have been generated through legal, legitimate sources.
How is it Carried Out?
Shell companies, intermediaries and money transmitters usually transfer these funds around the world Banks and other financial institutions are the chosen medium for laundering these illegal funds
AML Regulations:
The Bank Secrecy Act is the most important Anti-Money Laundering (AML) regulation
The BSA requires financial institutions to:
Keep records of cash purchases of negotiable instruments
File reports of cash transactions exceeding $10,000 (daily aggregate amount)
Report suspicious activity that might signify money laundering, tax evasion, or other criminal activities
Implement a written, board-approved compliance monitoring program
The USA Patriot Act
Expands AML requirements to all financial institutions
Augments existing BSA framework
AML Best Practices:
In order to combat money laundering, banks should implement the following best practices:
Customer Identification Program (CIP)
Customer Due Diligence (CDD) Program
Bank Secrecy Act/Anti-Money Laundering Risk Assessment
Identification and Reporting of Suspicious Activity
Want to learn more about anti-money laundering process and best practices? ComplianceOnline webinars and seminars are a great training resource. Check out the following links:
http://www.complianceonline.com/anti-money-laundering-aml-compliance-program-seminar-training-80114SEM-prdsm?channel=amlppt
http://www.complianceonline.com/bsa-aml-ofac-risk-assessments-regulatory-requirements-seminar-training-80181SEM-prdsm?channel=ppt
http://www.complianceonline.com/bsa-aml-compliance-reporting-requirements-webinar-training-703352-prdw?channel=amlppt
http://www.complianceonline.com/bsa-aml-compliance-checklists-webinar-training-703178-prdw?channel=amlppt
http://www.complianceonline.com/bsa-aml-ofac-risk-assessments-and-evaluation-compliance-program-webinar-training-703493-prdw?channel=amlppt
http://www.complianceonline.com/best-practices-for-developing-risk-models-for-aml-bsa-monitoring-webinar-training-703628-prdw?channel=amlppt
In this deck I present my point of view on how to approach the inevitability of regulation, and how to build a risk and compliance program the smart way. PART 1 provides a historical overview of AML regulation and explains why and how value transfer systems are regulated. PART 2 deals with the main risk areas facing non-bank financial institutions, how to identify the risks and how to prepare and present a risk assessment to regulators and bankers. PART 3 is about designing a program the smart way, i.e., with an engineering mindset. It also provides an introduction to suspicious activity detection via transaction monitoring and behavioral data analysis. PART 4 includes a few words of unsolicited advice (contrarian, of course) that I've followed myself to build several companies, obtain and maintain hundreds of bank accounts and pass dozens of examinations in multiple countries over the past 13 years. BOTTOM LINE: Regulation is inevitable and here to stay. Focusing on the spirit of the law (policy goals) is (should be) more important than focusing on the letter. Unfortunately, regulators and companies alike today focus on the formal aspects and the letter of the law. The result? A witch hunt for needles in the haystack after which only lawyers win. In the 21st century, compliance and risk should be done by engineers on both the business and government side.
Financial crimes compliance and enforcement trends 2019Joseph V. Moreno
Panel presentation to the DC Bar Association on September 12, 2019, by Joseph Moreno of Cadwalader, Fabio Leonardi of Pillsbury, Stephen Gibbons of Raytheon, and Woo Lee of the U.S. Department of Justice.
The International Digital and Virtual Currency LandscapeRachel Hamilton
Building on the incredible success of the June 2014 conference, and in response to demand from the market, American Conference Institute has developed its second forum on Virtual & Digital Currency and Payment Systems. This program will bring together an unparalleled faculty of in-house counsel and compliance professionals, senior executives from industry-leading companies, high-level regulatory and enforcement officials, and top outside counsel specializing in virtual and digital currencies who will provide you with the insights and tools necessary to navigate the legal, compliance, technical, and business hurdles arising from these new technologies.
The Relationship Between Insurance Companies and Outside Counsel Rachel Hamilton
Now, more than ever, attorneys and law firms must take action to ensure that they are protected from former disgruntled clients and third parties looking to recoup losses and/or share blame by bringing malpractice claims against attorneys.
Mortgage Servicing Transfers: Meeting the Operational and Regulatory DemandsRachel Hamilton
ACI) 3rd Bank and Non-Bank Forum on MORTGAGE SERVICING COMPLIANCE will keep you one step ahead of the new regulatory scrutiny and unparalleled networking opportunities. This conference will provide attendees with the latest insights and expert advice from our exceptional faculty.
Current Good Manufacturing Practices: Drug and Biologics Rachel Hamilton
ACI’s FDA Boot Camp has been designed to give products or patent litigators, as well as patent prosecutors, industry in-house counsel, and life sciences investment and securities experts, a strong working knowledge of core FDA competencies.
Ethical Considerations for Paragraph IV Matters Before the PTO and District C...Rachel Hamilton
The Advanced Forum for Brand Name and Generic Counsel on the Intricacies of Extreme Hatch-Waxman Litigation. *Pre-suit Considerations * Commencement of Suit * Discovery *Motion Practice* Final Adjudication
The Devil is in the Details: Best Practices for Handling the Gray Areas in Re...Rachel Hamilton
With a focus on benchmarking and improving existing compliance programs as well as preparing for the fallout once the reports are public, this is a solutions-driven event. Attendees at all phases of aggregate spend implementation will leave this conference with practical tips and real-world tested solutions to better manage the increasingly complex and often unclear reporting requirements. Throughout the event, our expert faculty will provide guidance and solutions for improving compliance protocols to minimize future problems and ensure that you are able to certify with confidence going forward.
NEW CLAIMS TRENDS RELATED TO THE U.S. PAIN CRISISRachel Hamilton
ACI's Medical Professional Liability Insurance Forum is the premier event on benchmarking coverage, underwriting, and claims strategies. No other event can match the practical and detailed analysis of the entire MPL Insurance landscape, including the impact of litigation, regulatory action, and market conditions in today's tumultuous environment.
Recent Rulings and Trends in Decision Making Impacting AllocationRachel Hamilton
ACI is pleased to introduce its Insurance Allocation Summit - the only Allocation Conference that goes the extra mile and brings you the highest level judicial insights and maximum networking opportunities with in-house industry experts.
ACI's 20th National Conference on Consumer Finance Class Actions & Litigation with expert defense strategies for in-house and outside counsel on navigating class actions, litigation, and government enforcement actions in the consumer finance industry.
Revisiting the Four Pillars Supporting an Effective BSA/AML Compliance ProgramRachel Hamilton
ACI's 10th National Forum on Prepaid Card Compliance will bring together an unparalleled faculty of regulatory and enforcement officials, compliance experts from industry leaders, and outside counsel specializing in prepaid card regulatory compliance who will provide you with best practices and targeted guidance.
ACI’s lauded Cyber & Data Risk Insurance conference is the highest-level event that provides maximum opportunities to learn from and network with underwriters, brokers, claims managers and industry leaders, and helps you keep pace with the ever-changing cyber insurance market. It’s also the only conference that brings you regulatory and enforcement priorities straight from the federal and state government themselves.
Class Actions Trends - An Overview of Recent Trends Involving Class Actions Rachel Hamilton
This event has been tailored to provide attendees with the insights and strategies that are needed to ensure compliance with the new rules, defend against new and emerging claims, and adapt to the evolving regulatory landscape. Our unparalleled faculty of key regulatory and enforcement officials, federal and state judges, senior in-house counsel, and leading outside counsel will provide you with strategic advice, critical insights, and comprehensive updates.
Remittance Transfer Rule: Depository Institution Exemption Rachel Hamilton
ACI's has developed the 8th National Forum on Balancing Innovation with Consumer Protections in Emerging Payment Systems Forum that will bring together an unparalleled faculty of in-house counsel and compliance professionals, senior executives from industry-leading companies, high-level regulatory and enforcement officials, and top outside counsel specializing in emerging payment systems who will provide you with the insights and tools necessary to navigate the legal, compliance, technical, and business hurdles arising from new payment products and technologies.
Meet Joyce Edelman, a Speaker at ACI’s 19th Annual Drug and Medical Device Li...Rachel Hamilton
For the past 18 years, leading drug and medical device lawyers have gathered in New York to network with their peers, and craft strategies to surmount new litigation challenges. Now in its 19th year, ACI’S DRUG AND MEDICAL DEVICE LITIGATION is widely regarded as the year’s premier products liability forum.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
“BSA/AML Considerations for Digital and Virtual Currencies”
1. #ACICurrency
Virtual&DigitalCurrencyandPaymentSystems
John Beccia
General Counsel and CCO
Circle Internet Financial, Inc.
“BSA/AML Considerations for Digital
and Virtual Currencies”
Constance Choi
Samuel Rosenthal
Partner
Squire Patton Boggs
June 24-25, 2014
Tweeting about this conference?
Azba Habib
Deputy General Counsel
Payward, Inc. (Kraken)
3. #ACICurrency
High LevelAnalysisforVirtualCurrencyCompanies
• Key Questions
• Am I an MSB under the BSA?
• 7 categories including money transmitter
• Do I fall under any exemptions?
• 6 exemptions under the BSA
• If so, what do I need to do to comply with my AML obligations?
“Digital currencies are just a financial service and those who deal in them are a
financial institution. Any financial institution and any financial service could
potentially pose an AML threat. It depends on whether folks have the controls in
place to deal with those money laundering threats and that they are meeting their
AML reporting obligations.”
– Jennifer Shasky Calvary, FinCEN Director
4. #ACICurrency
Regulatory Landscape
• Regulators’ focus is the on and off ramps for Bitcoin to fiat
exchange
• Concern is use of digital currency for money laundering
and terrorist financing due to anonymous nature and
inability to understand counterparties
• Law enforcement is blind to Bitcoin benefits (their mission
is to follow the money and catch criminals no matter what
tool is used)
5. #ACICurrency
Regulatory Landscape
• FinCEN guidance on March 18, 2013
• Interpretive guidance – not a new “rule-making”
• Focused on transfers to/from fiat into digital currency
• Defined administrators and exchangers (“users” are exempt)
• More guidance was issued in January 2014 relating to
miners and investors
• Open issues and additional guidance:
• Travel Rule
• Guidance/regulations from OFAC, SEC, CFPB, CFTC, &FFIEC
• State money transmitter statutes/regulations
• International regulations
6. #ACICurrency
A Whole New Vernacular
• “Real currency” - the coin and paper money of the United States or of any other country
that [i] is designated as legal tender and that [ii] circulates and [iii] is customarily used and
accepted as a medium of exchange in the country of issuance.
• “Virtual currency” - a medium of exchange that operates like currency in some
environments, but does not have all the attributes of real currency. In particular, virtual
currency does not have legal tender status in any jurisdiction.
• “Convertible virtual currency” - a type of virtual currency that either has an equivalent
value in real currency, or acts as a substitute for real currency.
• “User” - A user is a person that obtains virtual currency to purchase goods or services.
• “Exchanger” - An exchanger is a person engaged as a business in the exchange of virtual
currency for real currency, funds, or other virtual currency.
• “Administrator” - A person engaged as a business in issuing a virtual currency and who has
authority to redeem such virtual currency, i.e. release and withdraw from circulation.
• “Centralized virtual currency” - A convertible virtual currency having a centralized
repository.
• “Decentralized virtual currency” - A convertible virtual currency (1) that has no central
repository and no single administrator, and (2) that persons may obtain by their own
computing or manufacturing effort.
8. #ACICurrency
AML Compliance
• First determine if you are a regulated entity or whether you are exempt
• Understand where your customer is located and that you are in
compliance with laws of those jurisdictions
• Firms that are treated as money transmitters must comply with FinCEN
guidance and relevant state money transmitter laws
• Companies must have an AML program that includes:
• Know Your Customer (KYC) procedures
• Transaction monitoring
• Regulatory reporting (SARS)
• Uncertain guidelines make it difficult to operate in certain jurisdictions,
evaluate new products and services and form strategic partnerships
9. #ACICurrency
Compliance Program Checklist
Establish a strong tone at the top and commitment to compliance
Appoint a compliance officer to ensure that you have adequate resources
Prepare risk assessments for customers, products and services
Develop policies and procedures that outline roles and responsibilities
Conduct training and communicate frequently about risks
Establish regulatory change management program to track new regulations
(coordinate with industry groups such as DATA and Bitcoin Foundation)
Audit programs at least annually (further testing may be needed)
Create procedures for exceptions and escalating risk incidents
Develop relationships with regulators, prepare for examinations.
Provide ongoing reports to management, boards, and investors.
10. #ACICurrency
Four Pillars of an AML Program
AML Officer
Policies, Procedures
and Controls
Independent Audit
Training
12. #ACICurrency
Red Flags
• Customers provide insufficient, incomplete or suspicious information
that can not be verified
• Customers or transactions in high risks geographic regions
• Certain patterns of transaction activity (volumes, velocity, structure,
etc.)
• Attempts for single user to purchase/sell digital currency from
numerous different bank accounts
• Anything that doesn’t pass the smell test
13. #ACICurrency
Directors and Officers: When
Are They at Risk for AML/BSA
Sanctions?
Speaker:
Samuel Rosenthal
Squire Patton Boggs, LLP
2550 M. St., N.W.
Washington, D.C. 20037
202-457-6321
14. #ACICurrency
What is the climate?
•Decreasingly less Tolerance for
AML/BSA Infractions
•Go After Individuals Who Either
Engage in Criminal Activity, or Who
Could Have, But Failed to, Prevent
that Activity.
15. #ACICurrency
Congressional Oversight Intensifies
• Senate Banking Committee hearing March 7th
Comptroller of the Currency, Hon. Thomas J. Curry
Treasury Undersecretary for Terrorism and Financial
Intelligence, Hon. David Cohen
Governor, Board of the Federal Reserve, Hon. Jerome
H. Powell
15June17,2014
16. #ACICurrency
Chairman Tim Johnson (D –
SD)
• Chairman’s opening remarks:
“The government depends on bank compliance programs to detect
and prevent money laundering... And [as] the recent major penalty
cases [show], U.S. banks failed to deal effectively with funds from
non-U.S. banks or affiliates... How can we ensure uniform
compliance and enforcement of U.S. and international rules?”
“We should consider today the full range of remedies in cases like
these including BSA injunctions from the industry [for] those
individuals who violate the rules...”
16June17,2014
17. #ACICurrency
ARE REGULATORS FOCUSED ONLY ON
LARGE BANKS?
Testimony of the Comptroller, Tom Curry:
“Although many of our recent enforcement actions have
involved large banks, BSA is an issue for institutions of all sizes.
In fact, as large banks improve their BSA/AML programs and
jettison higher risk lines of business, we are concerned that
money-launderers will migrate to smaller institutions.”
17June17,2014
18. #ACICurrency
SEC - Mary Jo White
“Another core principle of any strong enforcement
program is to pursue responsible individuals
wherever possible. That is something our
enforcement division has always done and will
continue to do. Companies, after all, act through
their people. And when we can identify those
people, settling only with the company may not be
sufficient. Redress for wrongdoing must never be
seen as ‘a cost of doing business’ made good by
cutting a corporate check.”
19. #ACICurrency
OCC -- Chairman Curry
“We believe at the OCC that you need to hold CEOs and
the boards of directors accountable for BSA/AML policies
and procedures and their compliance program.”
“we are looking at our authority under Section 8 of the
FDIC Act to actually remove from office or prohibit from
banking those individuals that violate BSA programs. So we
are looking to try to tighten up the legal duties and
authorities of individuals at banks and then to enable us to
take an appropriate level at the civil, administrative level,
and potentially to assist the criminal authorities.”
20. #ACICurrency
Enforcement Actions outside
the virtual currency context
Highly Publicized Consent Orders:
• JP Morgan Chase (January 2013)
• Citibank (April 2012)
• HSBC (October 2010)
• Bank of Montreal (April 2013)
20June17,2014
22. #ACICurrency
Recent OCC Enforcement
Actions
• JPMC Bank, N.A., Columbus, Ohio (January 2013):
Insufficient internal controls, independent testing, customer
due diligence, risk assessment, and SAR processes
(monitoring, investigating, and decision-making)
Lack of enterprise-wide policies and procedures to ensure
foreign branch suspicious activity involving customers of
other bank branches was effectively communicated to other
affected branch locations and AML operations staff
Lack of enterprise-wide policies and procedures to ensure
that, on a risk basis, customer transactions at foreign
branches were assessed, aggregated, and monitored.
22June17,2014
23. #ACICurrency
JPMC Bank
• Failure to maintain adequate BSA compliance
program, file SARs, and conduct appropriate due
diligence on foreign correspondent accounts
ensure independence of AML compliance staff;
ensure clear lines of authority and responsibility for
BSA/AML and OFAC compliance with respect to lines of
business and corporate functions;
require new products and services be subject to high level
compliance review;
ensure all customer due diligence processes are automated
and accessible; and
conduct look back of certain account/transaction activity and
SAR filings.
23June17,2014
24. #ACICurrency
Security Bank
• Five Directors & Executive Officers of Security Bank,
N.A., North Lauderdale, Florida (January 2013)
2010 C&D Order - safety and soundness and BSA
deficiencies, including inadequate AML program and SAR
violations
Former officers and directors failed to ensure bank complied
with BSA/AML requirements and failed to comply with May
2010 C&D Order
Directors approved appointment of Secretary of Board who
previously had been convicted of tax evasion, a violation of
12 U.S.C.§1829
Former CEO brought high risk business to Bank knowing it
was ill-equipped to monitor and control the accounts.
24June17,2014
25. #ACICurrency
Security Bank
• Directors & Officers of Security Bank
Civil Money Penalties assessed against each director & officer
between $8,500 and $20,000.
Personal C&D Orders requiring each director and officer to:
(i) notify any depository institution of the C&D Order prior
to accepting any position
(ii) notify OCC each time application is made for employment
with a depository institution
(iii) obtain “appropriate” BSA / AML training; and
(iv) provide “appropriate” BSA / AML training for bank
officers and directors within the individual’s
supervision and control.
25June17,2014
26. #ACICurrency
FIRST BANK OF DEL., WILMINGTON (NOV. 2012).
Bank failed to adequately oversee MSB and third
party payment processor relationships and related
programs (e-payments) and services.
Concurrent Civil Money Penalties of $15 million
Bank assets sold and its charter revoked by
Delaware Bank Commissioner
“To make money, First Bank of Delaware entered into
risky lines of business and chose to disregard its [BSA]
responsibilities. As a result of its failure to implement
systems and controls to identify and report suspicious
activities, as required by the BSA, financial predators
were able to victimize consumers.”
26June17,2014
27. #ACICurrency
FBD: AMLCO
• AML Compliance Officer
− Failed to effectively provide day to day
management of BSA/AML compliance program
in light of risk profile and volume of activity
− No notification of Board and personnel of
suspicious activity
− Failure to escalate – shortcomings of monitoring
system
27June17,2014
28. #ACICurrency
FINRA Enforcement Actions
• FINRA Rule 3310 (2002) - minimum standards for
AML compliance programs for broker-dealers
consistent with BSA: follows four pillars.
• FINRA stepping up enforcement of AML violations:
in 2012, 49 enforcement actions against broker-
dealers for AML violations
reflects a 36% increase from the 36 AML-related cases
concluded in 2011
28June17,2014
29. #ACICurrency
Increased Attention on Management
“We believe at the OCC that you need to hold CEOs and the boards of
directors accountable for BSA/AML policies and procedures and their
compliance program.”
“Most of the problems we find in BSA/AML programs are attributable to
the following root causes:
- the strength of an institution's compliance culture;
- its willingness to commit sufficient resources;
- the strength of its information technology and monitoring processes;
and
- its risk management.
The health of a bank's culture starts at the top. And so it's important that senior
management demonstrate a commitment to BSA/AML compliance. Employees
need to know BSA compliance is a management priority and that the
compliance function will receive the resources it needs to succeed, including
training and first-rate information technology.”
29June17,2014
30. #ACICurrency
New Enforcement Mechanism at
OCC
• Major Matters Supervision Review Committee
established by the Comptroller in late 2012 to review all large bank
enforcement actions including BSA violations, BSA CMPs involving large
banks, and all prohibitions/removals against individuals for BSA
violations.
five members chaired by OCC’s Senior Deputy Comptroller for Bank
Supervision Policy and Chief National Bank Examiner (currently, John C.
Lyons).
other members include: the Chief of Staff; the Senior Deputy
Comptrollers for Bank Supervision Policy and Community Bank and
Large Bank Supervision; and the Chief Counsel.
30June17,2014
31. #ACICurrency
New Guidelines Forthcoming on Corporate
Governance Impacting BSA/AML Compliance
“The OCC is in the process of drafting detailed guidance to
banks on sound corporate governance processes...
including business line accountability for BSA/AML
compliance and the independence of the compliance
function.”
Written Testimony of the Comptroller.
31June17,2014
32. #ACICurrency
Possiblenew legislationintroducedSept. 16,
2013by Rep. Waters
• A clear shot across the bow of directors and officers:
• (7) Without serious consequences for institutions and individuals
who fail to protect financial institutions from illicit financial activity
– including significant fines, banning individuals from the industry,
and prison sentences for those who seek to actively evade anti-
money laundering controls, financial institutions and individuals
will continue to avoid compliance with U.S. anti-money laundering
rules and regulations.
• (8) Effective anti-money laundering programs must emphasize
sound corporate governance including business line accountability
and clear lines of legal responsibility for individuals, including board
members and chief executive officers.
32June17,2014
35. #ACICurrency
Overview of allegations involving digital
currency
• Liberty Reserve Indictment
• Mt. Gox seizure warrant
• Silk Road
• Allegations by the Government in miscellaneous
cases involving bitcoin
• Future outlook
36. #ACICurrency
Liberty reserve
• $6 billion money laundering scheme
• 7 owners and associates indicted
• Liberty Reserve was incorporated in Costa Rica in
2006
• At least 200,000 customers in the U.S
• Processed more than 12 million transactions annually
• Not registered in the U.S. as a money-transmitting
service.
37. #ACICurrency
Allegations and Legal
Procedures
Allegations that the system was designed to attract criminals and criminal
activity through the website
Indictment
Money Laundering under 18 USC 1956-1957
Conspiracy to operate an unlicensed money transmitting
business under 18 U.S.C. 371
“Operation of” an unlicensed money transmitter business
under 18 U.S.C 1960
Restraining order
Bank Accounts
Seizure order
Domain names
Injunction against continued use of the webservice
38. #ACICurrency
The Filings
The Indictment
The charging document in this case contains allegations relating
to the following offenses:
OFFENSES:
(Ct. 1) conspiracy to commit money laundering: an
illegal agreement, plus an overt act.
(Ct. 2) conspiracy to operate an unlicensed money
transmitter business.
(Ct. 3) operation of an unlicensed money transmitter
business.
FORFEITURE
39. #ACICurrency
Count 1: 18 U.S.C. 1956(h)
One simple element: an agreement to engage in money laundering.
Penalty: the same as the offense which is the object of the conspiracy.
The object of the conspiracy here:
• Engaging in monetary transactions using funds which were derived from unlawful activity which is
prescribed by the statute:
• What is a “monetary transaction?” Any of the following to the extent that it affects interstate or foreign
commerce “by, through or to a financial institution.”
Deposit
Withdrawal
Transfer
Exchange
• What is “criminally derived property?”
Property, constituting or derived from, proceeds obtained from a criminal offense.
“specified unlawful activity” includes crimes ranging from those involving banks or other financial
institutions to drug offenses to terrorist offenses to environmental crimes.
40. #ACICurrency
Allegations supporting count 1.
“Criminal design of Liberty”
• Didn’t use confirming identification, such as a credit card.
• Once registered, could do transactions with other users of Liberty.
• Rather than allowing direct funding or withdrawals, required users to
go through exchangers.
• Liberty recommended exchangers in countries such as Malaysia,
Vietnam, Russia and Nigeria, which do not require heavy regulation.
41. #ACICurrency
Count 1: “Criminal Use of
Liberty”
“The merchants who accepted Liberty were overwhelmingly criminal in
nature.”
At least one defendant admitted: Liberty was “illegal” and everyone in USA
knows “LR is [a] money laundering operation that hackers use.”
• Traffickers of stolen data and credit cards.
• Peddlers of Ponzi schemes.
• Computer hackers
• Unregulated gambling.
• Underground drug dealing.
42. #ACICurrency
Count 1: “Criminal
concealment”
Couldn’t get a license in C.R., and so created a portal that involved
use of “fake data.”
After FinCEN Notice, Defendants falsely stated to C.R. authorities
that it had been sold, when in fact it was operating underground
using shell companies.
Began transferring funds to other accounts in different countries.
43. #ACICurrency
Count2: Conspiracytooperatean unlicensedmoney
transmitterbusiness
No allegation that defendants agreed to use unlicensed money
transmitter businesses; but rather:
1. LR was unlicensed.
2. Used money transmitters in other jurisdictions who in
fact were unlicensed.
3. From Nov. 29, 2011 to Dec. 6, 2011, caused $13.5
million in accounts in C.R. to be transferred to a shell
company in Cyprus.
44. #ACICurrency
Count 3: operation of an unlicensed money
transmitter business
LR was the unlicensed money transmitter
business.
Unclear what money transfers form the basis
for count, although clear that substantial wire
transfers took place:
• $13.5 mill. From C.R. to Cyprus in
November-December, 2011.
45. #ACICurrency
Forfeiture allegations
Criminal Forfeiture:
• Subject to proof beyond a reasonable doubt
standard.
• Requires evidence of intent.
• Need not await separate proceeding (as in civil
forfeiture), but can be resolved at same trial as
criminal case.
46. #ACICurrency
Liberty reserve - proliferation
• Liberty Reserve required only email address to open an
account
• Laundered company and customer money through shell
companies in Costa Rica, Cyprus, Australia, China, Hong
Kong, Morocco, Russia amongst others
• 7 exchangers owned/administrators by the principals,
also indicted
• 35 other exchanger website, domains now seized (civil
forfeiture)
• Exchangers providing money transmission services to LR
by taking from US persons, since LR did not have any
funding option connected to a financial instrument of any
kind
47. #ACICurrency
Liberty reserve – actions taken
• Patriot Act, Section 311 - Special Measures
Special Measures for Jurisdictions, Financial
Institutions, or International Transactions of Primary
Money Laundering Concern
• US issued 30 requests pursuant to Mutual Legal
Assistance Treaties (MLAT)
Costa Rica, Netherlands, Cyprus, Australia, Canada,
China, Hong Kong, Morocco, Spain, Switzerland,
Sweden, Norway, Luxembourg and Russia.
48. #ACICurrency
Mt. Gox seizure
• Department of Homeland Security seizure
warrant – Unlicensed Money Transmitter,
Not registered with FINCEN
• @ Dwolla , Mutum Sigillum LLC, c/o
Mt.Gox(USA) , with Veridian Credit Union
• 3 days before Bitcoin 2013 conference*
49. #ACICurrency
MT. Gox – seizure warrant (D. Md.
2013)
“A company called ‘Mt. Gox,’ is the world's largest bitcoin exchange, and it
operates out of Tokyo, Japan. Mt. Gox has a subsidiary company known
as “’Mutum Sigillum LLC.’"
“An online payment processor, known as Dwolla, is located in Iowa. Bank
records show a number of deposits to the Mutum Sigillum account at Wells
Fargo originating from international wires sent from Sumitomo Mitsui
Bank in Japan. The wires indicate that the transfer is in the name of Mt.
Gox Company Ltd. for the benefit of the Mutum Sigillum LLC
account7657841313.”
“The funds being sent to Dwolla are those of Mt. Gox customers that
withdraw said funds from Mt. Gox and direct their transfer to Dwolla.”
50. #ACICurrency
MT. Gox (cont’d)
A Confidential Informant (CI-1), who resides and banks in Maryland
“establish[ed] a new account, while in Maryland, with both Mt. Gox and
Dwolla. After funding his Mt. Gox account with U.S. funds, he exchanged
the currency in his Dwolla account for bitcoins. During the past six months,
CI-1 exchanged the bitcoins back into U.S. dollars, which he directed Mt.
Gox to transfer to Dwolla on his behalf. The funds were then credited to his
Dwolla account.”
“According to bank records, this transfer was completed through the
subsidiary, Mutum Sigillum LLC. This demonstrates that Mutum Sigillum
LLC is engaged in a money transmitting business but is not registered as
required with FinCEN.”
51. #ACICurrency
US v. Ulbricht (SDNY 2013)
•Four counts:
• Ct. 1: conspiracy to engage in narcotics trafficking.
• Ct. 2: CCE
• Ct. 3: Computer Hacking conspiracy
• Ct. 4: Money laundering conspiracy
• Forfeiture of any profits or proceeds of illegal activity.
52. #ACICurrency
Count 1 (narcotics conspiracy)
•“Dread Pirate Roberts”:
• Operated website in which thousands of drug dealers operated.
• Contracted for a Silk Road user to hire a hit man to kill another
user who was threatening to expose users on Silk Road.
• Conspired to possess drugs;
• Used a “communication facility” to further drug trafficking;
53. #ACICurrency
Count 2 (CCE)
•Count 1, but with 5 other persons
with whom the defendant occupied a
position as an “organizer” and
supervisor” and
•Obtained substantial income from the
operations.
54. #ACICurrency
Count 3 (computer hacking)
•Silk Road provided a platform for the
purchase and sale of malicious
software:
• Password theft; keyloggers; remote access
tools.
55. #ACICurrency
Count 4 (money laundering)
• Used bitcoin-based payment system to disguise (l) transaction
participants and (2) their locations.
• Relied on theory that the defendant used bit-coin to engage in
transactions involving illegal activity – namely narcotics
trafficking.
• Possible defense: virtual currency does not involve a
“monetary instrument” within the meaning of the money
laundering statutes.
• IRS 2014-21. “Under currently applicable law, virtual currency
is not treated as currency that could generate foreign currency
gain or loss for U.S. federal tax purposes.”
56. #ACICurrency
US v. FAIELLA AND SHREM
•4 COUNTS:
• Ct 1: OPERATING AN UNLICENSED MONEY TRANSMITTING
BUSINESS (Faiella)
• Ct. 2: OPERATING AN UNLICENSED MONEY TRANSMITTING
BUSINESS (Shrem)
• Ct. 3: Money Laundering Conspiracy
• Ct. 4: Failure to file a Suspicious Activity Report
• Forfeiture
57. #ACICurrency
Miscellaneous cases involving
bitcoin
United States v. Michael Mancil Brown (Nashville, Tenn.
6/2013):
Extortion and wire fraud scheme involving former
presidential candidate Mitt Romney’s tax returns.
Brown devised a scheme to defraud Romney, PWC and others
by falsely claiming that he had gained access to the PWC
internal computer network and had stolen tax documents for
Romney and his wife, Ann D. Romney, for tax years prior to
2010. Money to have been paid through a bitcoin account.
58. #ACICurrency
SEC v. Shavers (E.D. Tex. 2013)
• Shavers, operating under the Internet name “pirateat40,” offered and sold
BTCST investments over the Internet, raising more than 700,000 BTC in
principal investments from BTCST investors, or more than $4.5 million
based on the daily average price of BTC when the BTCST investors
purchased their BTCST investments.
11. In the November 3, 2011 solicitation on the Bitcoin Forum, Shavers wrote
that he was in the business of “selling BTC to a group of local people” and
offered investors up to 1% interest daily “until either you withdraw the
funds or my local dealings dry up and I can no longer be profitable.”
14. On or about November 22, 2011, in a post on the Bitcoin Forum, Shavers
wrote: “As with any movements in the market up or down I have enough
order activity going on that my risk is very limited. In most cases the coins
go uncovered less than a few hours, I have yet to come close to taking a
loss on any deal. With that said, in the event there was a huge change in
the market and I needed to personally cover the difference I am more than
willing to do so.”
• “[r]isk is almost zero”
59. #ACICurrency
Bitcoin–fbiintelligenceassessment4/24/12)
• “Bitcoin Virtual Currency, Unique Features Present Distinct
Challenges for Deterring Illicit Activity” Medium level of confidence
that criminals will use this as forms of payment given that exchange
rate has risen sharply
Low level of confidence malicious actors will exploit Bitcoin
High level of confidence Bitcoin can be target of malware, botnets,
etc.
Bitcoin May be used as a means to move or steal funds and make
“donations” to illicit groups
60. #ACICurrency
• The Problem:
• Without a centralized authority, law enforcement faces difficulties detecting
suspicious activity, identifying users, and obtaining transaction records –
problems that might attract malicious actors to Bitcoin. Bitcoin might also
logically attract money launderers and other criminals who avoid traditional
financial systems by using the Internet to conduct global monetary transfers.
• The Solution:
• “the FBI assesses with medium confidence that law enforcement can identify,
or discover more information about malicious actors if the actors convert
their bitcoins into a fiat currency. Third-party bitcoin services may require
customers to submit valid identification or bank information to complete
transactions. Furthermore, any third-party service that qualifies as a money
transmitter must register as a money services business with the Financial
Crimes Enforcement Network (FinCEN) and implement an anti-money
laundering program.”
FBI Assessment (cont’d)
61. #ACICurrency
Safeguard measures
• Recognize the need for a Compliance/AML program (primarily a
CDD process that makes sense while staying true to frictionless nature
of the payment system)
• Need legal counsel,
• Banks and other financial institutions must be informed as to the
business model.
• Avoid conduct giving rise to claims that the system was marketed or
pandered to criminals.
• The most drastic response will result from conduct giving rise to
claims that the defendant acted “knowingly” or with “reckless
disregard.”