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The Commodity Futures Trading Commission updates its Enforcement Manual

Civil Monetary Penalty Guidance On May 28, 2020 James McDonald, Director of Enforcement at the Commodity Futures Trading Commission (CFTC) gave a speech at the Futures Industry Association addressing the issues of penalties and penalty guidance, following up on a memo to staff (see here). This marked the first time in 25 years the CFTC … Read more The Commodity Futures Trading Commission updates its Enforcement Manual

Bitcoin and how not to be anonymous

As crypto currencies become more prevalent people are starting to figure out that crypto currencies do not necessarily provide anonymity. Case in point Maksim Boiko a.k.a. “Gangass”. On March 27, 2020 the Department of Justice unsealed an affidavit for a criminal complaint and arrest warrant against Mr. Boiko alleging conspiracy to commit money laundering. In … Read more Bitcoin and how not to be anonymous

FinCen accesses a civil penalty of $450,000 against a former risk officer

Overview On March 4, 2020 issued a settlement agreement with U.S. Bank’s former Chief Operational Risk Officer Michael LaFontaine whereby FinCen fined Mr. LaFontaine $450,000 and banned him from a compliance role for six years. The settlement agreements state the reason for the actions is due to “his failure to prevent violations of the Bank … Read more FinCen accesses a civil penalty of $450,000 against a former risk officer

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 … Read more The Wells Fargo Settlement – a new twist on identity theft

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 … Read more Holding individuals accountable

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 … Read more Tim Leissner and 1Malaysia Development Berhad (1MDB)

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 … Read more The Walmart FCPA case

DOJ Compliance Program Guidance

Earlier this year the Department of Justice (DoJ) issued two publications for prosecuting attorneys to provide guidance on assessing the effectiveness of corporate compliance programs. The two publications (April 2019 and July of 2019) further develop and update the “Evaluation of Corporate Compliance Programs,” issued by the Criminal Division’s Fraud Section released in February 2017 … Read more DOJ Compliance Program Guidance