All Regulatory Enforcement articles – Page 147
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Court rules SEC need not reimburse deponents for 'bacchanalian adventure'
Bacchus is the Roman god of wine and intoxication (equated with the Greek Dionysus). "Bacchanalia," or orgies in honor of Dionysus, were introduced in Rome around 200 BCE but eventualy got so out of hand that they were forbidden by the Roman Senate in 186 BCE. Roughly 2,000 years later, ...
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Proofpoint releases Proofpoint Intelligent Supervision
Proofpoint, a next-generation cyber-security and compliance company, announced the release of Proofpoint Intelligent Supervision, designed to significantly accelerate FINRA, SEC, and IIROC compliance review and reduce audit time.
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SEC Enforcement Hits Morgan Stanley for Cybersecurity Failure
The SEC brought its latest case under Regulation S-P today, announcing a settled administrative proceeding against Morgan Stanley Smith Barney LLC. Morgan Stanley agreed to pay a $1 million penalty to settle the agency's charges that it failed to protect customer data, some of which was hacked and offered for ...
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SEC: two FCPA cases result in non-prosecution agreements
The SEC has entered into non-prosecution agreements with Akamai Technologies and Nortek that will forfeit ill-gotten gains connected to bribes paid to Chinese officials by foreign subsidiaries. Simultaneously, the Justice Department closed its investigations into Akamai and Nortek. Jaclyn Jaeger reports.
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Senior SEC enforcement official Stephen Cohen to depart agency this month
Stephen Cohen, associate director for the SEC’s Enforcement Division, plans to leave the agency later this month after 12 years of service. A senior member of the Commission’s enforcement staff, Cohen joined the SEC in 2004 and has served as associate director since 2011. Bruce Carton has more.
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French tax authorities seek €356 million from Booking.com
French tax authorities are seeking €356 million (approximately US$404 million) from Booking.com, a unit of online hotel reservation company Priceline Group, to recover what they claim are unpaid income taxes and value-added taxes, the company disclosed in a quarterly report.
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Two former Deutsche Bank employees indicted on fraud charges
The Department of Justice announced today the indictment of two former Deutsche Bank traders—the bank’s supervisor of the pool trading desk in New York and a derivatives trader in London—for their alleged roles in a scheme to manipulate the USD London InterBank Offered Rate, a benchmark interest rate to which ...
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The ‘I did not apply my mind’ defense to insider trading
Enforcement blogger Bruce Carton looks at a recent insider trading case, in which South Africa’s securities regulator agreed to reduce the defendant’s penalty because he claimed he “did not apply his mind to the applicable legislation at the time of the trading” but was now deeply sorry for his actions.
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Defining compliance program effectiveness
During a keynote panel at Compliance Week 2016, enforcement officials from the Securities and Exchange Commission and the Department of Justice spoke candidly about compliance program effectiveness, personal liability, and more. Jaclyn Jaeger reports.
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CW2016: Practical implications of the Yates Memo
At Compliance Week 2016 last week, Jaclyn Jaeger covered the conversation between current and former enforcement officials, as well as compliance officers, on how the “Yates Memo” is affecting them from a real-world standpoint.
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SEC: Cyber-security now biggest risk facing financial system
In an interview on May 17, SEC Chair Mary Jo White made an eye-opening comment about cyber-security. Cyber-security, she stated, is now the “biggest risk facing the financial system.” What does that mean for the Commission going forward? Bruce Carton reports.
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Some (minor) movement in SEC nominations of Fairfax and Peirce
It wasn't much, but given the complete lack of movement in the languishing nominations of Hester Peirce and Lisa Fairfax to be SEC commissioners, we'll take it. On Thursday, May 19, the U.S. Senate Banking Committee finally voted to advance the nominations of Peirce and Fairfax to the full Senate ...
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Congress to SEC: You'll get nothing and like it
Twice in recent years, the House Appropriations Committee's approved budget for the SEC has been $222 million less than the SEC requested. For FY 2017, the SEC requested a budget of $1.781 billion. Anyone care to guess what the Committee approved?
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CW2016: SEC and DoJ speak on personal liability
Enforcement heads from the SEC and Department of Justice kicked off Compliance Week 2016 in Washington D.C. this week, speaking candidly about compliance program effectiveness, personal liability, and much more. Jaclyn Jaeger reports.
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SEC awards two more whistleblowers
The SEC is awarding more than $450,000 to two individuals for a tip that led the agency to open a corporate accounting investigation and for their assistance once the investigation was underway. The whistleblower award is the third announced by the SEC in the past week, says CW’s Jaclyn Jaeger, ...
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FINRA fines compliance officer for AML compliance failures
The Financial Industry Regulatory Authority has fined Raymond James & Associates and Raymond James Financial Services a total of $17 million for widespread failures related to the firms’ anti-money laundering programs. RJA’s former AML compliance officer was also fined and suspended for three months.
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Australia bolsters antitrust enforcement
Australian regulators are aggressively enforcing that nation’s competition laws, demonstrated by a wave of significant enforcement actions reached in just the last couple of months. Multinationals with operations in Australia should heed the warning. Jaclyn Jaeger has more.
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CCO independence as key indicia of best practices compliance program
At the annual Compliance Week conference, U.S. Justice Department and Securities and Exchange Commission representatives spoke about what constitutes an effective compliance program under the Foreign Corrupt Practices Act and the increased importance of an independent chief compliance officer. Our Man From FCPA Tom Fox explores further.
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60 Minutes: The inside story of the fall of Roomy Khan and Raj Rajaratnam
Bruce Carton offers a look at a 60 Minutes piece called “Inside Edge” about former stock analyst Roomy Khan, who was caught early by federal prosecutors investigating insider-trading by hedge funds and ultimately became a critical government informant in the criminal case that brought down Galleon Group's Raj Rajaratnam and ...
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CCOs feeling the heat of regulatory scrutiny
The threat of increasing personal liability has compliance officers on the defensive, especially in light of the newly established compliance counsel role within the Department of Justice’s Fraud Section. Jaclyn Jaeger looks into how CCOs are dealing with this intensified level of direct scrutiny on their performance.