Financial Regulatory Forum
LONDON, Sept. 20 (Business Law Currents) – If the death sentence of the UK’s Financial Services Authority (FSA) was to earn a last request then it may well have been to introduce a new era of aggressive enforcement as it prepares to hand over power to the Financial Conduct Authority (FCA).
By Stuart Gittleman and Emmanuel Olaoye
NEW YORK, Sept. 19 (Thomson Reuters Accelus) – The “extreme money” and “voodoo banking” that are dominating the global financial system are too smart, too fast, too greedy, too self-absorbed and far too dangerous for traditional legislation and regulation, a veteran banker told Thomson Reuters.
LONDON/NEW YORK, Sept. 16 (Thomson Reuters Accelus) – The $2 billion rogue trading incident at UBS demonstrates that determined individuals will always be able to circumvent internal systems and controls despite the recent regulatory scrutiny on this area, industry officials said. The case also highlighted the need for banks to think about their reward structures, they added.
HONG KONG/NEW YORK, Sept. 15 (Thomson Reuters Accelus) – The Hong Kong securities regulator’s legal troubles in bringing disciplinary action against New York-based hedge fund Tiger Asia Management has shown the limitations of its regulatory reach and signalled that funds may be safer operating from offshore, according to a source close to the proceedings. The source, a senior local financial lawyer close to the case, said that his advice for foreign funds that did not need to be licensed and regulated in Hong Kong was to forgo doing so in order to reduce the risk of disciplinary action by the territory’s Securities and Futures Commission.
(Business Law Currents) – The Hong Kong Securities and Futures Commission (SFC) is putting the clamp on white collar criminals. Seeking to deprive convicted offenders of their freedom as well as their illicit gains, the watchdog is cracking down hard on insider dealing in the special administrative region. Recent disciplinary actions initiated by the watchdog are sending a strong message that all inside deals, even small missteps, will be prosecuted to the full extent of the law.
NEW YORK, Sept. 12 (Thomson Reuters Accelus) - The fight against terrorism financing has advanced in the 10 years since the September 11, 2001 attacks, but vulnerabilities remain in areas such as digital currencies and alternative transfer networks, and bureaucratic turf battles have reemerged, say former law enforcement officials who pioneered U.S. counter-terrorism financing efforts.
By Susannah Hammond
LONDON/NEW YORK , Sept. 9 (Thomson Reuters Accelus) – Almost three years on from the fall of Lehman Brothers and the widespread public bail-out of financial services the world is looking grim. In the white heat of the crisis itself jurisdictions, policymakers and governments moved together to resolve the worst of the immediate issues and bought global financial services time to heal. While some recovery and mending of balance sheets has certainly taken place, global financial services continue to suffer at the hands of divergent policymakers, international recessions and sovereign debt crises.
By Susannah Hammond
LONDON/NEW YORK, Sept. 9 (Thomson Reuters Accelus) – Regulatory forbearance is not a concept that has hit many headlines. It is, however, emerging as an underlying theme in publications by a range of bodies, from the International Monetary Fund (IMF) to the European Union and beyond. Regulatory forbearance is not about supervisory incompetence but, rather, the potential for a fully briefed regulator to decide not to intervene. There may be many legitimate occasions when non-intervention is the right call but, when judged with the benefit of hindsight, more supervisory interventions, made sooner, could have ameliorated some of the worst of the issues arising out of the financial crisis.
By Emmanuel Olaoye
NEW YORK, Aug. 31 (Thomson Reuters Accelus) - The U.S. Justice Department disputed charges by community bankers that it is unfairly targeting them with fair lending actions, and said the cases have been consistent with the criteria it has used to bring cases in the last 15 years.