Corporate Defense and Disputes

Important developments in U.S. securities law, white collar criminal defense, regulatory enforcement and other emerging issues impacting financial services institutions, publicly traded companies and private investment funds

Chantel L Febus

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FinCEN Proposal Looks to Extend AML Requirements to Non-Federally Regulated Banks

By Chantel L Febus and Edward Canter on Posted in Financial Services
On August 25, 2016, the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, proposed a rule that would require all banks, regardless of whether they are subject to regulation by a “Federal functional regulator,” to establish and implement written AML programs, conduct ongoing customer due diligence, and identify and … Continue Reading

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

By Chantel L Febus and Pietro Deserio on Posted in White Collar
Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States, where the Court ruled (in the government’s favor) that a defendant could not challenge the legality of a pre-trial asset seizure by contesting … Continue Reading
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