All Regulatory Enforcement articles – Page 158
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Blog
Takata to Pay Record $200 Million NHTSA Penalty
Citing violations of the Motor Vehicle Safety Act’s requirements to repair vehicles with safety defects, the Department of Transportation’s National Highway Traffic Safety Administration this month imposed the largest civil penalty in its history. The consent order imposes a record civil penalty of $200 million against Japan-based airbag supplier Takata ...
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Article
Parsing the Role of the New Compliance Counsel
Image: Now that the Justice Department has named Hui Chen, former global head of anti-bribery and corruption at Standard Chartered Bank, as its first-ever compliance counsel, corporations under investigation by the department can expect a more nuanced analysis of their compliance programs. Inside, we review what Chen has disclosed so ...
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Where are the SEC Federal Court Trials?
After a surge in FY 2014, the number of trials that the SEC is completing in federal court appears to be drying up -- with just six such trials in FY 2015 and zero to date in FY 2016.
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U.K. FCA Scrutinizes Use of Big Data by Insurers
Image: The Financial Conduct Authority is requesting more information from general insurers about big data, which may lead into a market study or further policy or guidance. Big data has the “potential to transform practices and products across financial services,” Christopher Woolard, director of strategy and competition at the FCA, ...
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Appellate Courts Tee Up Challenges to SEC In-House Proceedings
The issue of whether federal district courts have subject matter jurisdiction over challenges to the constitutionality of SEC administrative proceedings remains unsettled. Although the 7th Circuit found in favor of the SEC on this issue in August 2015, the controversial issue will soon be considered by both the 11th Circuit ...
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Blog
Caldwell Offers More Details on Charging Decisions
During remarks this week at the American Conference Institute’s International Conference on the Foreign Corrupt Practices Act, Leslie Caldwell, assistant attorney general for the Justice Department’s Criminal Division, provided some additional insight regarding charging decisions in corporate prosecutions. “Greater transparency benefits everyone,” said Caldwell. More of her comments are inside.
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Blog
SEC's Piwowar Takes Another Shot at 'Flawed' Enforcement Statistics
In a speech this week, SEC Commissioner Michael S. Piwowar took another swipe at the SEC's enforcement statistics, jokingly comparing them to financial statements in a "world where GAAP or other reporting standards did not exist."
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Blog
Barclays’ Cost of Conduct Woes Continue
Barclays is set to pay £65.7 million to settle allegations that it manipulated foreign exchange markets—adding to the $120 million the British bank already paid to the New York Department of Financial Services for its involvement in the Libor scandal. According to a report from the CPP Research Foundation, Barclays’ ...
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Blog
Justice Department Revises U.S. Attorneys’ Manual
Image: During remarks at the American Banking Association and American Bar Association Money Laundering Enforcement Conference, Deputy Attorney General Sally Quillian Yates announced that the Department of Justice has made some significant revisions to its U.S. Attorneys’ Manual, providing new insight on how prosecutors are implementing the Yates Memo. “We ...
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Article
Connected Medical Systems, HIPAA Audits Coming in 2016
Image: Inspectors at the Department of Health & Human Services are going to spend 2016 studying the security protocols for medical devices and electronic health records, which means compliance officers in the healthcare field should make sure your policies and controls can pass muster. Also on deck are more HIPAA ...
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Blog
Aguilar to Depart SEC by End of December 2015
Image: SEC Commissioner Luis Aguilar intends to step down at the end of December. In a letter to the president, Aguilar expressed pride in sponsoring the first Investor Advisory Committee, which was later mandated by Section 911 of Dodd-Frank. Aguilar will leave the SEC as the eighth longest-serving commissioner ...
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Blog
Compliance Officers Increasingly Worry About Personal Liability
A survey conducted by Thomson Reuters finds that most risk and compliance professionals at financial services companies around the world expect their personal liability to increase. The report also found that an apparent lack of oversight or awareness from senior managers exacerbates the regulatory focus on accountability. More survey results ...
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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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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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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.