Financial Regulatory Forum

U.S. Treasury’s know-your-customer proposal delayed by struggle for regulatory consensus

By Guest Contributor
September 30, 2013

By Brett Wolf, Compliance Complete

NEW YORK, Sept. 30 (Thomson Reuters Accelus) – A months-long delay in the release of a know-your-customer rule proposal that would have an impact across the financial industry is the result of the U.S. Treasury Department’s inability to reach a consensus with regulators on key details of the measure, sources familiar with the matter say.
Rob Rowe, a lawyer with the American Bankers Association’s Center for Legal and Regulatory Compliance, said “a number of bankers have asked about the status of the proposal.” (more…)

JPMorgan’s massive spending on controls underlines “aggressive” relations with regulators

By Guest Contributor
September 24, 2013

By Henry Engler, Compliance Complete

NEW YORK, Sept. 24 (Thomson Reuters Accelus) - What was once a more consultative relationship between JPMorgan and its regulators has turned into an environment of aggressive demands to reshape the banking giant, say bankers.

Reforming banking’s risk culture requires breaking “accountability firewall”

By Guest Contributor
September 11, 2013

By Henry Engler, Compliance Complete

NEW YORK, Sept. 11 (Thomson Reuters Accelus) - If there is one part of the cultural makeup of Wall Street that remains firmly in place despite the financial crisis and subsequent avalanche of regulations, it is the reticence among those who lose money to come clean early.

New U.S. prosecution easing on marijuana does not cut laundering risk for banks, sources say

By Guest Contributor
September 6, 2013

By Brett Wolf, Compliance Complete

NEW YORK, Sept. 6 (Thomson Reuters Accelus) - A Justice Department memorandum circulated last week that gave U.S. states leeway to experiment with pot legalization failed to address the provision of financial services to marijuana dispensaries, which suggests the Obama administration still is not prepared to allow money from state-recognized pot sales to flow into banks and other financial institutions, money-laundering policy experts said.

U.S. financial regulation has gaps in risk oversight, insurance, infrastructure, global stability board finds

By Guest Contributor
September 3, 2013

By Nick Paraskeva, Compliance Complete contributing author

NEW YORK, Sept 3. (Thomson Reuters Accelus) – A Financial Stability Board (FSB) peer review of U.S. regulation found gaps in oversight of systemic risk, insurance firms and financial infrastructure.

Cybersecurity should be a compliance issue, says expert

By Guest Contributor
August 27, 2013

By Emmanuel Olaoye, Compliance Complete

WASHINGTON, Aug. 27 (Thomson Reuters Accelus) – In March this year, a group of Islamic hackers announced that they were launching the latest phase of their denial of service attacks against the largest U.S. banks. The group, which called itself the Izz ad-Din al-Qassam Cyber Fighters, targeted the websites of banks including Bank of America, Wells Fargo, and PNC Bank.

U.S. regulators urge firms to improve business continuity and disaster recovery plans

By Guest Contributor
August 21, 2013

By Stuart Gittleman, Compliance Complete

NEW YORK, Aug.21 (Thomson Reuters Accelus) – Futures and securities firms should review their industry-wide and internal business continuity and disaster recovery plans to improve responsiveness to significant disruptions and reduce recovery time, their regulators said Friday in a staff advisory.

Brokers face a fight asking the SEC to end exchanges’ SRO structure

By Guest Contributor
August 14, 2013

By Nick Paraskeva, Compliance Complete contributing author

NEW YORK, Aug. 14 (Thomson Reuters Accelus) - Wall Street has asked regulators to consider ending the special supervisory status given to exchanges, saying that new technology such as dark pools and algorithmic trading has led to broker-dealers directly competing with exchanges for market share.

Cybersecurity and the board: avoiding personal liability — Part III of III: Policies and procedures

By Guest Contributor
August 8, 2013

By Steven L. Caponi, Thomson Reuters Accelus contributing author

NEW YORK, Aug. 8 (Thomson Reuters Accelus) - In the previous two installments of this series (Part I and Part II), we discussed the fiduciary obligation of officers/directors to proactively address cyber security and the legal basis for holding them personally liable if they fail to do so. This third and final article explores the more difficult task of deciding which best practices directors should consider adopting. Because each enterprise faces unique challenges, this process requires that directors understand their company’s cyber security risk profile and the options available for mitigating the risk.

Cybersecurity and the board of directors: avoiding personal liability — Part II of III

By Guest Contributor
August 6, 2013

By Steven L. Caponi, Compliance Complete contributing author

NEW YORK, Aug. 6 (Thomson Reuters Accelus) - The first article in this three-part series discussed how legal principles governing directors’ fiduciary duties may be applied to cybersecurity and the risks posed by cyber attacks. To summarize, Delaware’s corporate law places an affirmative obligation on fiduciaries to keep informed of serious risks facing the enterprise. The failure to exercise appropriate oversight in the face of known risks constitutes a breach of the duty of loyalty, a breach that cannot be exculpated under 8 Del. C. §102(b)(7).