All Regulatory Enforcement articles – Page 155
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Blog
Fed to Bank of Nova Scotia: Fix AML Controls
The U.S. Federal Reserve and the New York Department of Financial Services in an enforcement action this week ordered the Bank of Nova Scotia and its New York agency to significantly improve its anti-money laundering operations. The bank and the branch have 60 days to jointly submit a written enhanced ...
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Blog
'Living Legend' Jacob Stillman Steps Down as SEC Solicitor
After 17 years as SEC Solicitor -- and 53 years of service at the SEC -- Jacob H. Stillman is stepping down from the Solicitor position. The SEC announced today that Stillman will remain as senior advisor to Michael A. Conley, who has been appointed as the new SEC Solicitor.
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Blog
Perplexed 'False Tweeter' Claims to Have No Interest in Stock Market
James Alan Craig is no retired Croatian underwear seamstress but the most recent developments in his "false tweets" case are starting to remind me a bit of the Sonja Anticevic saga from back in 2005.
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Blog
Drop in 2015 DOJ FCPA Settlements -- 'Sea Change' or Meaningless?
So far in 2015, the Justice Department has settled just two corporate Foreign Corrupt Practices Act cases—notably lower than the 10 in 2014, nine in 2013, and 11 in 2012. According to the Wall Street Journal, the decline is due to a “sea change” in the Justice Department’s foreign ...
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Blog
Justice Dept. Boosts Its Game for Corporate Compliance Programs
The Justice Department has long talked about the need for companies to take compliance programs seriously. Now with its first-ever compliance counsel hired (she started this month), the department itself will be able to bring a more practiced eye to evaluating compliance programs. This week, columnist Tom Fox reviews what ...
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Article
Latest Review of False Claims Act Compliance
Image: The Justice Department has settled a spate of False Claims Act cases with healthcare providers this fall, pointing to several important trends in FCA cases: increased scrutiny on physician payment arrangements, the broadening scope of whistleblowers, and an upsurge in FCA settlement amounts. “Enforcement agencies are aggressively using all ...
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Blog
Toshiba Suing Ex-CFOs Over Accounting Scandal
Toshiba is suing five former executives for negligence over false accounting practices that led to inflated profits by more than 170 billion yen ($1.2 billion). The Tokyo-based company is suing two former chief financial officers and three former presidents based on findings from an independent probe launched in September to ...
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Blog
SEC, DOJ Pursue Scottish Trader for 'False Tweets'
Market manipulation is nothing new, of course, but both the SEC and DOJ pursued a social media-age method of illegally moving the market last week when they brought securities fraud charges against a Scottish trader whose allegedly used "false tweets" to caused the stock prices of two companies to plunge.
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Blog
Ceresney: SEC Takes ‘Careful, Measured Approach’ to CCO Liability
Image: Many compliance officers are on edge these days amid regulatory actions that underscore their risk of personal liability. Once again, Andrew Ceresney, director of the SEC’s Division of Enforcement, is trying to soothe some of that angst. He recently told an audience of CCOs, “There has been no change ...
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Blog
Seven SEC Enforcement Directors Convene For Historic Panel
At yesterday's Securities Enforcement Forum 2015, a Directors Panel was held that included seven current or former SEC Directors of Enforcement--including Hon. Irving Pollack, the very first Enforcement Director, and Andrew Ceresney, the current Director.
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Blog
Deutsche Bank to Pay $258 Million for Sanctions Violations
Deutsche Bank today reached a $258 million settlement with the New York State Department of Financial Services and the Federal Reserve regarding transactions with countries and entities subject to U.S. sanctions, including Iran, Libya, Syria, Burma, and Sudan. As part of the settlement, the bank also has agreed to install ...
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Blog
Caldwell Explains New Compliance Officer Counsel
Image: During remarks at a recent conference in New York, Assistant Attorney General Leslie Caldwell offered some insight about the Justice Department’s newly established compliance counsel position and how this individual will help the Criminal Division assess compliance programs. “Unfortunately, a surprising number of companies still lack rigorous compliance programs,” ...
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Blog
SEC Files Crowdfunding Fraud Complaint
In the same month that the Securities and Exchange Commission approved Regulation Crowdfunding, permitting startups and small businesses to raise capital by offering and selling securities through crowdfunding, the agency also filed its first complaint for crowdfunding fraud. The case highlights the emerging risk posed by online fundraising for the ...
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Blog
Volkswagen Disputes New EPA Allegations
The Environmental Protection Agency today issued a second “notice of violation” of the Clean Air Act, alleging that Volkswagen developed and installed a defeat device in certain VW, Audi, and Porsche light-duty diesel vehicles equipped with 3.0 liter engines for model years 2014 through 2016. These alleged violations are in ...
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Blog
Porsche Suspected of ‘Defeat Devices’ in Diesel Models
The Environmental Protection Agency has slapped additional charges against Volkswagen after the agency found that its subsidiary, Porsche, has been equipped with “defeat devices” to evade emissions tests. A notice of violation on the EPA’s website confirms that the regulator found 2014 to 2016 VW, Audi, and Porsche models ...
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Blog
457 Hospitals to Pay $250M in False Claims Act Case
The Department of Justice today reached 70 settlements totaling more than $250 million involving 457 hospitals in 43 states to resolve allegations that these hospitals implanted cardiac devices in Medicare patients in violation of Medicare coverage requirements. “In terms of the number of defendants, this is one of the largest ...
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Blog
Justice Department Names GM Monitor
The Department of Justice announced this week that it has approved the appointment of Bart Schwartz to serve as the monitor for General Motors. The monitor appointment is part of a deferred prosecution agreement GM reached with the Justice Department last month to resolve criminal charges for wire fraud and ...
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Blog
Warner Chilcott to Pay $125 Million in False Claims Act Case
Warner Chilcott U.S. Sales, a subsidiary of pharmaceutical maker Warner Chilcott, today reached a $125 million settlement with the Department of Justice to resolve charges of healthcare fraud. The company pleaded guilty to criminal charges that the company paid kickbacks to physicians throughout the United States to induce them to ...
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Blog
SEC’s Financial Reporting Cases, Overall Activity Surge in FY 2015
SEC Fiscal Year 2015 enforcement results revealed that for the year ended Sept. 30, 2015, the Commission filed a record-high 807 enforcement actions and obtained orders totaling approximately $4.2 billion in disgorgement and penalties. Of these 807 enforcement actions, 507 were “independent actions,” with the other 300 actions being either ...
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Article
When a Board Member Goes Bad
Image: Investigations into rumors of misconduct are part of a compliance officer’s job. Seldom, however, is the task as delicate as when investigating a board member. “You need to think about making decisions knowing that the facts may end up completely different, once it is all done,” Adam Frankel, general ...