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Oct 22, 2024 | 
jdsupra.com | Joel Cohen |Robert J. DeNault |Marietou Diouf
October 22, 2024
Joel Cohen, Robert DeNault, Marietou Diouf
White & Case LLP
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On October 10, TD Bank pleaded guilty to violations of the Bank Secrecy Act and conspiracy to commit money laundering.
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Sep 17, 2024 | 
jdsupra.com | Joel Cohen |Robert J. DeNault |Marietou Diouf
September 17, 2024 Joel Cohen, Robert DeNault, Marietou Diouf, Claudette Druehl, Tami Stark, Pratin Vallabhaneni White & Case LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On August 28, 2024, FinCEN issued a long-awaited final rule meant to address illicit finance activities and national security threats in the asset management industry. The new rule imposes similar requirements on investment advisers that have existed for...
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Sep 16, 2024 | 
lexology.com | Joel Cohen |Marietou Diouf |Tami Stark |Pratin Vallabhaneni |Claudette Druehl |Robert J. DeNault
On August 28, 2024, FinCEN issued a long-awaited final rule meant to address illicit finance activities and national security threats in the asset management industry. The new rule imposes similar requirements on investment advisers that have existed for broker-dealers since 2001 and ends a period of uncertainty for registrants in this area.
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Sep 10, 2024 | 
corpgov.law.harvard.edu | Tami Stark |Claudette Druehl |Robert J. DeNault
Advisers Act, Civil Penalties, Exchange Act, SEC, self-disclosureMore from: Claudette Druehl, Robert DeNault, Tami Stark, White & CaseTami Stark is a Partner, Claudette Druehl is a Counsel, and Robert DeNault is an Associate at White & Case LLP. This post is based on their White & Case memorandum.
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Aug 29, 2024 | 
jdsupra.com | Robert J. DeNault |Claudette Druehl |Tami Stark
On August 14, the U.S. Securities and Exchange Commission (“SEC”) announced yet another wave of enforcement actions related to widespread “off-channel communications,” charging an additional 26 firms with failing to maintain employee communications on personal devices which related to the firms’ business.1 The new settlements add nearly $400 million to the billions in civil penalties that the SEC has collected from more than 50 firms over the last few years for recordkeeping failures related...
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Aug 15, 2024 | 
globalinvestigationsreview.com | Joel Cohen |Maria Beguiristain |Marietou Diouf |Robert J. DeNault
In summaryIn this article, we will discuss the US government’s authority to search electronic devices, particularly cell phones, in reliance on the border search exception to the Fourth Amendment. First, we review the border search exception, which allows searches at the border without a search warrant, probable cause or reasonable suspicion. Next, we examine recent Supreme Court cases that restrained the government’s ability to access cell phone data without a search warrant.
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Jul 12, 2024 | 
law.com | Joel Cohen |Ladan Fazlollahi Stewart |Robert J. DeNault
In a major victory for the securities defense bar, the U.S. Supreme Court ruled last month that the Securities and Exchange Commission cannot force defendants facing fraud charges into administrative proceedings before the SEC’s in-house judges. Though its contours will likely be litigated in the coming years, this ruling has effectively put a stop to the SEC’s use of its in-house courts for most litigated enforcement actions.
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Jul 2, 2024 | 
jdsupra.com | Joel Cohen |Robert J. DeNault |Marietou Diouf
On June 27, 2024, the Supreme Court ruled in SEC v. Jarkesy that when the Securities and Exchange Commission (SEC) seeks civil penalties from defendants for securities fraud, the Seventh Amendment requires it to bring the action in a court of law where the defendant is entitled to a trial by jury. The 6-3 decision ends the SEC’s long-running use of in-house tribunals led by Administrative Law Judges (ALJs) to adjudicate fraud actions.
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May 21, 2024 | 
jdsupra.com | Joel Cohen |Robert J. DeNault |Marietou Diouf
May 21, 2024 Joel Cohen, Robert DeNault, Marietou Diouf, Claudette Druehl, Tami Stark, Pratin Vallabhaneni White & Case LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On May 13, 2024, FinCEN and the SEC jointly proposed a new rule that would require SEC-registered investment advisers and exempt reporting advisers to maintain written customer identification programs (CIPs). The new rule supplements a proposal in February to...
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Feb 22, 2024 | 
jdsupra.com | Joel Cohen |Robert J. DeNault |Marietou Diouf
February 22, 2024
Joel Cohen, Robert DeNault, Marietou Diouf, Claudette Druehl, Tami Stark, Pratin Vallabhaneni
White & Case LLP
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On February 13, 2024, FinCEN proposed a long-awaited rule to combat illicit finance and national security threats in the asset management industry.
