Anti-Money Laundering and the Foreign Corrupt Practices Act (FCPA): Recent Enforcement Trends and Developmentsjordan2021-09-07T22:07:27-04:00
Financial organizations generally use the Foreign Corrupt Practices Act (FCPA) and the anti-money laundering (AML) policy to address litigation matters involving corruption and bribery issues. Thus, strengthening these litigation tools is vital to combat relevant threats within the financial system. In line with this, the Biden administration recently issued the "Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest," requiring interagency cooperation to develop strategies to address global corruption, money laundering, and illicit financing. This means that a heightened enforcement regulation and stricter compliance requirements are to be expected in the coming days.
Cooperation between global regulators and law enforcement authorities across borders has become more common today – a trend which resulted in a more complex and large-scale cross-border investigations. This joined-up approach, along with other challenges brought by the current remote work environment setup and the new administration’s enforcement priorities, has posed several challenges to investigators.
Breaking Down the Business Lending Process: Learn How to Overcome Common Challenges for Financial InstitutionsHarvey Baroso2021-08-31T22:56:46-04:00
Despite the digital push spurred by the pandemic, many lending and credit risk professionals reported challenges in their business lending process that hurt their institution’s ability to grow, manage credit risk, and satisfy customers or members.
Preparing to conduct an M&A transaction, the focus is to make the deal work. One of the factors critical to the success of every M&A transaction is an extensive information technology (IT) integration strategy. Although often overlooked, performing IT due diligence in the post-deal phase is crucial in ensuring a successful IT integration. Insufficient focus on IT due diligence can result in poor execution and, eventually, evitable problems that companies will have to face after the deal announcement.
The past year was a booming year for the Property Technology (PropTech) industry, and as it continues to develop, significant trends and updates arise at an unprecedented level. Set in a state of progress, the latest PropTech trends are starting to emerge and rattle businesses and organizations at an alarming speed.
With the fast-growing problem and increasingly sophisticated threats of cyber security and data breaches, litigation and other related cases continue to hound the landscape. These lawsuits have brought large numbers of damages to individuals and industries, such as consumers and financial institutions over the years.
Intended to enhance consumer privacy rights and data use transparency, the California Consumer Privacy Act (CCPA) of 2018 is regarded as the most comprehensive privacy law in the U.S. The Act, which went into effect on January 1, 2020, imposes stringent privacy requirements with significant impacts on many entities that do business with California residents.
Today’s leaders in cybersecurity continue to look for ways to protect organizations from the increasingly sophisticated cybersecurity attacks. From the antiquated belief of "trust, but verify," the security world seems to be warming up to the new principle of zero trust IT. Under the latter approach, nothing inside or outside of an organization is being trusted. The zero trust model cuts the time spent in tracking false positives, thus, enabling organizations to increase their productivity.
Today's supply chain landscape is becoming inherently complex that traditional-based operations and transactions have slowly become disadvantageous for companies and may halt their growth. Fortunately, with the promising recent applications of blockchain technology and smart contracts, certain complexities in the supply chain can now be reduced and better managed. These technology-based methods of verifying and executing diverse business transactions can improve the transparency, traceability, and efficiency in the supply chain, making it more convenient for businesses while strengthening client relationships.
An internal investigation conducted properly is essential to any business. It nips issues in the bud, keeps companies running, and saves millions of dollars from potential litigation. Not only do internal investigations help in ensuring ongoing legal and regulatory enforcement, but they also provide businesses with an opportunity to correct mistakes and identify risk areas before they become actual liabilities.
The Qualified Opportunity Zones (QOZ) and Qualified Opportunity Funds (QOF) have been rapidly changing over the years. As a result, the Internal Revenue Service (IRS) has been stringently monitoring QOZ and QOF to ensure transparency among businesses and investors. More significantly, in October 2019, the IRS Treasury Department issued the proposed draft of the Opportunity Zone Accountability and Transparency Act which seeks to establish increased reporting framework, disclosure requirements, and penalty structure for QOFs.
For the past years, the tax incentives provided by qualified opportunity zone (QOZ) investments have greatly helped and benefited investors in qualified opportunity funds (QOFs). However, important regulatory changes have been continuously happening in this area of law. These changes, in addition to the several other developments brought by the COVID-19 pandemic, need to be carefully addressed and considered.
As the world grapples with the unprecedented economic disruptions brought by the Coronavirus Disease 2019 (COVID-19) pandemic, multinational enterprises (MNEs) in the U.S. and Canada are confronted by the added challenge of maintaining transfer pricing compliance. Most businesses are now forced to adjust their transfer prices, analysis, and documentation and revisit their force majeure clauses to look for alternative means of fulfilling their contract obligations. Thus, creating a profound strain on the operations of MNEs.
In response to violations committed by U.S. persons as well as foreign organizations, the enforcement efforts of the Department of Treasury's Office of Foreign Assets Control (OFAC) have become more extensive. Some of the most significant OFAC enforcement actions this year include Eagle Shipping and Société Internationale de Télécommunications Aéronautiques (SITA) that were both assessed over $1 million civil penalties for their violations.