February 2021 Regulatory Updates

February 2021 Regulatory Updates

February 2021 Regulatory Updates

Regulatory Actions and Updates from Around the Globe


Enforcement Highlights
– February 2021

 

United States

  • The U.S. Securities and Exchanges Commission (SEC) suspended trading in the securities of 15 companies due to questionable trading and social media activity targeted at artificially inflating their stock price.

 

  • The SEC charged an Oklahoma-based gas exploration and production company, Gulfport Energy Corporation, and its former CEO Moore, for failing to properly disclose executive perks and related person transactions.

 

  • The SEC charged three individuals with running a Ponzi-like scheme that raised over $1.7 billion from 17,000 retail investors through securities issued by a New York-based registered investment adviser GPB Capital.

 

  • FINRA fined Atlanta-based investment firm Triad Advisors $200,000 over findings that it neglected to follow proper compliance procedures when switching customers’ investments between funds.

 

  • The SEC’s initial fine of $5 million on two Ukrainian traders and their firm for defrauding investors was increased to $7.5 million in February 2021 by a U.S. Supreme Court judge.

 

  • OFAC fined BitPay, Inc., a digital currency company based in Georgia, more than $500,000 for over 2,100 international sanctions violations from multiple digital currency transactions.

 

United Kingdom:

  • FCA began criminal proceedings against two brothers, former Goldman Sachs and Clifford Chance employees, for fraud by false representation and insider trading.

 

Hong Kong:

  • The Securities and Futures Commission (SFC) reprimanded Brilliance Asset Management Limited and fined it $3.15M over failures to ensure short position reports (SPRs) for four collective investment schemes.

 

  • SFC prohibited 13 brokers from dealing with assets held in 54 trading accounts related to a suspected social media ramp-and-dump scam involving the manipulation of the market

 

Regulatory Updates

Singapore:

The Monetary Authority of Singapore (MAS) recently published its Technology Risk Management Guidelines with a focus on establishing robust governance to ensure cyber resilience and sound technology risk practices for those companies operating both inside and outside of Singapore.

 

 

Upcoming Events:


The New Consumer: How to Ensure Integrity
in the Virtual Economy

 

Join our upcoming fireside event as we discuss the rise of virtual marketplaces as the new eCommerce, and how every player in these marketplaces – from consumers to payment processors – can establish a vibrant digital ecosystem built on integrity and accountability.

learn more

Is your AML compliance too expensive, time-consuming, or ineffective?

iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience.

Request a demo today.

Understanding the Distinction of CDD vs. EDD in AML Compliance
Understanding the Distinction of CDD vs. EDD in AML Compliance

Understanding the Distinction of CDD vs. EDD in AML Compliance As cybercrime continues to aggressively expand and pose new challenges to regulators and law enforcement agencies across the globe, anti-money laundering (AML) efforts have become vital to protecting the...

The Human Dangers of Ignoring Know Your Business (KYB) Protocols
The Human Dangers of Ignoring Know Your Business (KYB) Protocols

Do you know the hidden risks of ignoring Know Your Customer (KYC) and Know Your Business Protocols? While costly fines are a solid reason for compliance, the heart of each AML, KYC and CDD mandates is the intent to eradicate the very real, pervasive human consequences...

Fireside Chat: The New Consumer: How to Ensure Integrity in the Virtual Economy

Fireside Chat: The New Consumer: How to Ensure Integrity in the Virtual Economy

Fireside Chat: The New Consumer — How to Ensure Integrity in the Virtual Economy

Date: Thursday, March 4, 2020 | 10am PST – 1pm EST – 7pm CET

 

Virtual marketplaces have risen in popularity, as consumers—and socio-economic events such as COVID-19—drive the demand for platforms that give them more flexibility in the availability of products and prices, and offer more accessibility to smaller vendors across the globe that were previously unreachable.

Behind this innovative digital economy is the need for accountability and security for consumers, vendors, platforms, and payment processors. What steps can each stakeholder take to ensure they adhere to compliance standards for the health of the digital ecosystem?

We invite you to our live chat,The New Consumer: How to Ensure Integrity in the Virtual Economy” as we discuss: 

  • How virtual marketplaces have transformed the behavior of today’s consumers
  • Major advantages and disadvantages of virtual marketplaces
  • How sellers and consumers can protect themselves through mutual accountability
  • What compliance means for each stakeholder in the new digital ecosystem

We welcome you to join us for this free Fireside Chat on March 4th at 10am PST / 1pm EST featuring a live panel of trusted thought leaders. 

About iComply
iComply Investor Services Inc. (“iComply”) is a Regtech company that provides fully-digital KYC and AML compliance solutions for non-face-to-face financial and legal interactions. iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience. By partnering with multinational technology vendors such as Microsoft, DocuSign, Thomson Reuters and Refinitiv, iComply is bringing compliance teams into the digital age. Learn more: www.icomplyis.com

 

May 2021 Regulatory Updates
May 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in May 2021

April 2021 Regulatory Updates
April 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in April 2021

March 2021 Regulatory Updates
March 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in March 2021

February 2021 Regulatory Updates

January 2021 Regulatory Updates

January 2021 Regulatory Updates

Regulatory Actions and Updates from Around the Globe

Enforcement Highlights – January 2021

 

United States

 

  • Fund manager at MG Capital Management real estate fund was charged by the SEC with misappropriating $7 million from retail investors.

 

  • The SEC charged Deutsche Bank AG with violations of the Foreign Corrupt Practices Act (FCPA) due to a lack of sufficient internal accounting controls. The bank agreed to pay $43 million in disgorgement and interest.

 

Germany:

 

Hong Kong:

  • The Securities and Futures Commission (SFC) has issued restriction notices to five brokers to freeze client accounts related to suspected market manipulation.

 

Regulatory Updates

Austria:

An Austrian startup building an app for trading in security tokens became the first fintech company to be admitted to Austria’s Financial Market Authority (FMA) regulatory sandbox.

***

FMA announced that it has granted registration to 18 virtual asset providers since tightening anti-money laundering regulations in January 2020.

 

 

Past events:

Mergers & Acquisitions – The Future of Enhanced Due Diligence

 

Missed our January 2021 Fireside Chat? Watch the full event where guest panelists discuss the trends for enhanced due diligence within mergers and acquisitions for both buyers and sellers, and the importance that proper due diligence plays in successful M&A transactions.

learn more

Is your AML compliance too expensive, time-consuming, or ineffective?

iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience.

Request a demo today.

Understanding the Distinction of CDD vs. EDD in AML Compliance
Understanding the Distinction of CDD vs. EDD in AML Compliance

Understanding the Distinction of CDD vs. EDD in AML Compliance As cybercrime continues to aggressively expand and pose new challenges to regulators and law enforcement agencies across the globe, anti-money laundering (AML) efforts have become vital to protecting the...

The Human Dangers of Ignoring Know Your Business (KYB) Protocols
The Human Dangers of Ignoring Know Your Business (KYB) Protocols

Do you know the hidden risks of ignoring Know Your Customer (KYC) and Know Your Business Protocols? While costly fines are a solid reason for compliance, the heart of each AML, KYC and CDD mandates is the intent to eradicate the very real, pervasive human consequences...

Fireside Chat: Mergers & Acquisitions: The Future of Enhanced Due Diligence

Fireside Chat: Mergers & Acquisitions: The Future of Enhanced Due Diligence

Fireside Chat: Mergers & Acquisitions — The Future of Enhanced Due Diligence

Date: Thursday, January 28, 2020 | 10am PST – 1pm EST – 7pm CET

 

In a Merger and Acquisition (M&A) transaction, due diligence is a critical step to take in providing both parties the assurance that all risks and rewards have been scrutinized prior to completion.

From the buyer’s perspective, legal due diligence assesses the potential risks involved in the transaction. From the seller’s perspective, it provides the purchaser with trust, and can benefit the seller in ensuring the fair market value of the seller’s company.

This enables both parties to make a reasonable assessment of their findings and conclude whether to proceed with the transaction, or to include additional warranties and seek additional protection in the form of indemnities.

We invite you to our live chat,Mergers & Acquisitions: The Future of Enhanced Due Diligence” as we discuss: 

  • Reasons why due diligence is essential for M&A 
  • Digital tools that evolved to meet the increased demand 
  • Guidelines for the scope of M&A due diligence
  • Protections for buyers and sellers due to COVID-related uncertainty
  • When it’s appropriate to conduct enhanced due diligence

We welcome you to join us for this free Fireside Chat on January 28th at 10am PST / 1pm EST featuring a live panel of trusted thought leaders. 

VIDEO: Watch the full Fireside Chat below

 

GUEST PANELISTS

 

Ramona Tudorancea | Founder & Managing Director, JupiterBlock

Ramona is the Founder and Managing Partner of JB Advisory Services SEZC (JupiterBlock), a RegTech company based in Cayman Enterprise City that is a compliance and FinTech Accelerator platform. With a broad legal background in U.S. and E.U. business law, Ramona is a Columbia Law School and Paris Sorbonne alumna and was admitted as an attorney in New York (2008) and Paris (2009), and as an England and Wales (2019) and BVI (2020) solicitor. She practiced for nine years as an associate in the Paris office of Kramer Levin Naftalis & Frankel LLP before moving to the Cayman Islands to work in the investment funds industry and is highly experienced in M&A deals, corporate finance, and investment funds. In 2017, Ramona became part of the leadership of the Lawyers Abroad Committee (LAC) of the International Law Section of the American Bar Association. Ramona has also been using her experience as a lawyer to help start-ups and investment funds with the increasing burden of compliance and regulations and to access funding.

Gene DiMira | Chief Identity Officer, The AML Shop

As one of Canada’s leading voices in the anti-money laundering industry and digital identification space, Gene has designed, implemented, and sustained AML/ATF programs digital identity programs both nationally and internationally. His background in systems, operations, and compliance controls spans financial planning firms offering securities, banking, and insurance products. His compliance focus progressed with Manulife, where he most recently served as the Head of Global Compliance AMLATF program. He currently volunteers with several organizations such as the DIACC Outreach Expert Committee, ACAMS International Sanctions Task Force, and the International Institute of Finance’s Digital Trust Initiative.

Dimitrij Gede | Founder, Anagram Compliance

Dimitrij has held specialized roles within the Luxembourg banking sector which have given him a robust perspective on the vital nature that regulation plays within traditional and decentralized markets. Dimitrij has extensive experience in compliance monitoring programs, screening and AML/KYC procedures, and client onboarding while keeping abreast of regulatory changes and identifying potential exposures to organizations. Adept in project management and problem resolution, he led the creation and management of a KYC department for a major German bank and liaised with several international partners to ensure that the bank’s KYC procedures enabled smooth client onboarding.

About iComply
iComply Investor Services Inc. (“iComply”) is a Regtech company that provides fully-digital KYC and AML compliance solutions for non-face-to-face financial and legal interactions. iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience. By partnering with multinational technology vendors such as Microsoft, DocuSign, Thomson Reuters and Refinitiv, iComply is bringing compliance teams into the digital age. Learn more: www.icomplyis.com

 

May 2021 Regulatory Updates
May 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in May 2021

April 2021 Regulatory Updates
April 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in April 2021

March 2021 Regulatory Updates
March 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in March 2021

February 2021 Regulatory Updates

December 2020 Regulatory Updates

December 2020 Regulatory Updates

Regulatory Actions and Updates from Around the Globe

Enforcement Highlights – December 2020

 

United States

  • The Securities and Exchange Commission (SEC) charged jewelry wholesaler Gregory Altieri for defrauding both current and retired police officers and firefighters in a Ponzi-like scheme.
  • SEC filed emergency action by imposing an asset freeze against Virgil Capital LLC in connection with an alleged securities fraud related to Virgil Sigma cryptocurrency fund.
  • SEC charged Ripple and its co-founders with raising over USD $1.3 billion through an unregistered, ongoing digital asset securities offering.
  • SEC charged real estate development company Silicon Sage Builders for USD $119 million securities fraud targeting the Northern California South Asian community.
  • China-based Luckin Coffee agreed to pay USD $180 million in penalties to settle accounting fraud charges for misstating the company’s revenue, expenses, and net operating loss.
  • General Electric paid a USD $200 million penalty to settle charges for repeated disclosure failures across multiple businesses that materially misled investors.

 

United Kingdom:

  • The Financial Conduct Authority fined Charles Schwab GBP 8.96 million for failing to arrange adequate protection for its clients’ assets and carrying out a regulated activity without permission.

 

Hong Kong:

  • The Securities and Futures Commission of Hong Kong fined Fulbright Securities Limited USD $3.6 million for failing to implement internal control procedures to detect and prevent illegal short selling.
  • SFC issued a restriction notice to CNI Securities Group Limited to freeze client accounts linked to suspected market manipulation

 

Regulatory Updates

United Kingdom:

The Financial Conduct Authority has established a Temporary Registration Regime for cryptoasset businesses, which are required to be registered with the FCA by 10 January 2021. 

The regime was established due to FCA’s inability to assess and register all firms that have applied for registration due to the complexity of applications and COVID-19 pandemic restricting FCA’s ability to visit firms. It will allow existing firms that have applied for registration before 16 December 2020, and whose applications are still being assessed, to continue trading.

Businesses that began operating after 10 January 2020 are required to obtain full registration with the FCA before conducting business.

***

Her Majesty’s Treasury and The Home Office issued the third national risk assessment of money laundering and terrorist financing in the UK. The policy paper outlines how the key risks have changed since the UK’s second NRA was published in 2017, and the action taken since 2017 to address these risks.

 

 

Past events: How Compliance Changed in 2020

 

Watch the recording of our most recent webinar reviewing the impact that the Fifth Money Laundering, more commonly known as AMLD5, had on the landscape of compliance in 2020 for businesses and financial services providers around the globe.

 

Biometric Authentication in KYC

How is biometric authentication used in the realm of KYC and compliance? Learn more about how financial services providers are using biometric authentication to keep their customer’s identity secure in our most recent Regtech Glossary post.

 

 

 

learn more

Is your AML compliance too expensive, time-consuming, or ineffective?

iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience.

Request a demo today.

Understanding the Distinction of CDD vs. EDD in AML Compliance
Understanding the Distinction of CDD vs. EDD in AML Compliance

Understanding the Distinction of CDD vs. EDD in AML Compliance As cybercrime continues to aggressively expand and pose new challenges to regulators and law enforcement agencies across the globe, anti-money laundering (AML) efforts have become vital to protecting the...

The Human Dangers of Ignoring Know Your Business (KYB) Protocols
The Human Dangers of Ignoring Know Your Business (KYB) Protocols

Do you know the hidden risks of ignoring Know Your Customer (KYC) and Know Your Business Protocols? While costly fines are a solid reason for compliance, the heart of each AML, KYC and CDD mandates is the intent to eradicate the very real, pervasive human consequences...

Fireside Chat: How Compliance Changed in 2020

Fireside Chat: How Compliance Changed in 2020

Fireside Chat: How Compliance Changed in 2020 – Year in Review: AMLD5 and its Global Impact

Date: Thursday, December 17, 2020 | 10am PST – 1pm EST – 7pm CET

The business of compliance shifted significantly in 2020. From broadening the requirements under AMLD5 to the worldwide restrictions imposed by the COVID-19 pandemic…the traditional nature of compliance has changed forever.

With the majority of financial services providers moving to online interaction with clients, how have organizations adapted to stay in business, and what will they need to succeed in the “new normal” of 2021 and beyond?

Join our live chat on “How Compliance Changed in 2020: AMLD5 and its Global Impact” as we discuss: 

  • The true impact of AMLD5 requirements
  • Anticipated changes expected with AMLD6
  • The unexpected impact of COVID-19 on both compliance teams and clients
  • What’s coming next in the compliance landscape in 2021

We welcome you to join us for this free Fireside Chat on December 17th at 10am PST / 1pm EST featuring a live panel of trusted thought leaders. 

 

GUEST PANELISTS

 

Gueorgui Gotzev | International Counsel, Kohler Gotzev

Gueorgui has a broad academic and operational experience in capital markets, bank & finance, alternative investment funds, distributed ledger technology (DLT), and Virtual Asset Services Providers (VASPs). He helps restructure, digitalized, optimize, and outsource any part of a fund’s investment management and central administration burdens. He loves consulting on process optimization and investor onboarding automation, KYC, AML/CFT, and CRS/FATCA compliance. Gueorgui holds an LL.M. in International Financial Law from the University of Paris 1 – Panthéon Sorbonne and has completed a full qualification course in Luxembourg law (CCDL) from the University of Luxembourg.

Biba Homsy | Founder, Homsy Legal

Biba is the Founder and CEO of Homsy Legal, an independent legal firm that specializes in AML regulations, with a focus on fintechs. As former Head of International Cooperation at FIMNA (the Swiss Financial Market Supervisory Authority) and former Chief Compliance Officer of Credit Suisse, Biba boasts an extensive background in the regulatory landscape that affects financial services providers and capital markets. Currently, she serves as Co-founder and board member of OpenVASP Association and has served as chair of both ALCO’s (Association Luxembourgeoise des Compliance Officers) Blockchain Crypto Working Group and Crypto Valley Association’s Regulatory Working Group.

Nicky Gomez | Partner, XReg Consulting

Nicky Gomez is a Partner at XReg Consulting, a group of former regulators with practical experience in formulating public policy and developing regulation for Distributed Ledger Technology (DLT) and virtual assets. Nicky developed a reputation for his pragmatic approach to regulation during his time at the Gibraltar Financial Services Commission (GFSC), where he helped lead the design and implementation of the strategy, policy, and legal framework that delivered the world’s first bespoke regulatory framework for firms that use DLT. He also actively supported the development of the DLT industry in Gibraltar, which today hosts world-leading Virtual Asset Service Providers.

About iComply
iComply Investor Services Inc. (“iComply”) is a Regtech company that provides fully-digital KYC and AML compliance solutions for non-face-to-face financial and legal interactions. iComply enables financial services providers to reduce costs, risk, and complexity and improve staff capacity, effectiveness, and customer experience. By partnering with multinational technology vendors such as Microsoft, DocuSign, Thomson Reuters and Refinitiv, iComply is bringing compliance teams into the digital age. Learn more: www.icomplyis.com

 

May 2021 Regulatory Updates
May 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in May 2021

April 2021 Regulatory Updates
April 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in April 2021

March 2021 Regulatory Updates
March 2021 Regulatory Updates

Regulatory actions and industry updates from financial authorities and regulators around the globe in March 2021