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

Tag Archives: ANTI-MONEY LAUNDERING (AML)

Shining a Light on the Corporate Transparency Act: FinCEN’s Rules for Beneficial Ownership Reporting

By Andrew Bettwy, Ryan P. Blaney, Stephanie Heilborn, Jeffrey A. Horwitz, Seetha Ramachandran, Yuval Tal, Elanit Snow, Amy Gordon and Portia Proctor on Posted in Corporate Governance, Financial Services, Securities Law, Securities Litigation, White Collar
On January 1, 2021, Congress enacted the Corporate Transparency Act as part of the Anti-Money Laundering Act of 2020 to “better enable critical national security, intelligence, and law enforcement efforts to counter money laundering, the financing of terrorism, and other illicit activity.” FinCEN issued the final rule on Beneficial Ownership Information Reporting Requirements on September … Continue Reading

SBF Prosecution Raises Novel Issues for Asset Forfeiture and Victim Restitution

By Seetha Ramachandran on Posted in Bankruptcy, Corporate Governance, SEC Enforcement, Securities Litigation, White Collar
The crimes charged against SBF are simple — old-fashioned fraud through a Ponzi scheme.  His conviction seems inevitable. For the government, the challenging part of this case will be the forfeiture proceedings.  Under the Mandatory Victim Restitution Act (MVRA), federal prosecutors have an affirmative obligation to use their “best efforts” to see that crime victims are … Continue Reading
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