The Wells Fargo Settlement – a new twist on identity theft

Overview On February 20, 2020 the United States Attorney’s Offices of Central District of California and the Western District of North Carolina announced a settlement with Wells Fargo & Company that included a $3 billion dollar fine. Interestingly, the two criminal statutes cited were 18 U.S.C. 1005 and 1028A. 18 U.S.C. 1005 comes under Chapter […]

Holding individuals accountable

OverviewThe Department of Justice unsealed a 35-page indictment filed in February of 2015 against three individuals who were executives at Alstom S.A. (Alstom) and Marubeni Corporation (Marubeni) this week. Alstom is a French power and transportation company. Marubeni is a Japanese based trading company. The three individuals named were Junji Kusiinoki of Marubeni and Reza […]

New Position Limit Proposal

Overview Ten years after the passing of the Wall Street Accountability Act a.k.a. Dodd Frank the Commodity Futures Trading Commission (CFTC) held a public meeting yesterday to bring forth the fifth attempt at proposing a position limit rule. Over the last 10 years the CFTC has attempted four position limit proposals. In 2011 one proposal […]

Credit Suisse Securities (USA) LLC fined $6.5 million by FINRA

The heart of FINRA’s December 23, 2019 allegations are that Credit Suisse Securities (USA) LLC (CSS) “did not implement reasonably designed surveillances and supervisory procedures to monitor for certain kinds of potentially manipulative activity by its Direct Market Access (DMA) clients.” Apparently, during the relevant timeframe (July of 2010 through July 2014) the allowed trading […]

CFTC charges a French national with manipulation

On December 20, 2019 the Commodity Futures Trading Commission (CFTC) charged French national Christophe Rivoire with manipulation of U.S. dollar interest rate basis swaps during June and July of 2012. Mr. Rivoire was the former head of HSBC Holdings Plc’s North American interest rates business working in the Bank’s office in Manhattan. The complaint filed […]

Tim Leissner and 1Malaysia Development Berhad (1MDB)

On December 16, 2019 the Securities and Exchange Commission (SEC) issued a Cease and Desist Order against Respondent Tim Leissner the former senior executive of Goldman Sachs Group, Inc. (Goldman). The Cease and Desist Order cites three specific bond offerings underwritten by Goldman for the 1 Malaysia Development Berhad (1MBD) fund. 1MDB was created to […]

The Walmart FCPA case

In the beginning… The Foreign Corrupt Practices Act (FCPA) was enacted in 1977, applies to companies listed on U.S. stock exchanges and private companies organized under U.S. laws, their shareholders, directors, employees and agents, as well as other individuals who violate the statute while in U.S. territory. The first FCPA case undertaken by the Department […]

A corporate governance fiasco – The We Company aka WeWork

As most of you know we are true believers in appropriate corporate governance. While not the most exciting of topics the cost of getting this wrong can be lethal. Case in point The We Company. I never really understood all the excitement about WeWork. Essentially WeWork was renovating office space and offering “free” beer, amongst […]