7 Illicit Behaviour

2020 ◽  
Author(s):  
Liebi Martin ◽  
Markham Jerry W ◽  
Brown-Hruska Sharon ◽  
De Carvalho Robalo Pedro ◽  
Meakin Hannah ◽  
...  
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Securities And Exchange Commission ◽  
Government Officials ◽  
Economic Sectors ◽  
Futures Trading ◽  
Foreign Corrupt Practices Act ◽  
Foreign Government ◽  
The Us ◽  
The World

This concluding chapter explores regulations on illicit behaviour, including violations of embargo sanctions, bribery of government officials, and money laundering. Embargoes and financial related sanctions against ‘rogue’ countries are economic in nature and are designed to coerce such countries into conformance to international norms. Sanctions may be applied to particular economic sectors, or a country's economy may be entirely embargoed, sometimes with humanitarian exceptions. Moreover, sanctions may be applied to import and exports of commodities, but are also often applied to prevent access to banking and other financial services. Meanwhile, the US prohibits the bribery of foreign government officials in order to obtain business through the Foreign Corrupt Practices Act of 1977. The US has also led the world in combatting money laundering, which typically involves the deposit of proceeds from illicit activities into what appear to be legitimate banking or brokerage accounts. The Securities and Exchange Commission and the Commodities and Futures Trading Commission impose anti-money laundering requirements on the broker-dealers and futures commission merchants they regulate. Those requirements include supervisory programmes designed to prevent and detect use of firm accounts for money laundering.

scholarly journals Strings Attached

2017 ◽  
Vol 139 (05) ◽  
pp. 32-37
Author(s):  
Tim Sprinkle
Keyword(s):  
Public Relations ◽  
Growth Potential ◽  
American Business ◽  
Us Economy ◽  
Foreign Government ◽  
The Us ◽  
The World ◽  
Us Government ◽  
International Investors ◽  
Different Parts

This article discusses reasons for various American startup companies to shift abroad for funding and production, and their impact on the American business scenarios. Founders are accepting funding from overseas investors, setting up supply chains in different parts of the world, servicing customers internationally, and even selling their businesses to foreign government-backed funds. Although the idea of losing American inventions and technologies to international investors and buyers is not generally good for public relations, the current landscape of global startup development has winners on both sides, and overseas involvement in US companies does not necessarily mean a net loss domestically. The US government must find a way to move the US economy forward, preventing predatory pricing and mercantilist practices by exporters while at the same time reaping the international flow of ideas and funds that power innovation. The experts believe that ignoring the rest of the world would not only limit the growth potential of US startups, but over time would reduce America’s global leadership in innovation.

Navigating the US “Green Rush”: anti-money laundering and de-risking implications for banking cannabis-related businesses in Jamaica

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Rohan Clarke
Keyword(s):  
Money Laundering ◽  
Financial Services ◽  
Medical Cannabis ◽  
Content Type ◽  
Drug Enforcement ◽  
The Us ◽  
Banking Relationships ◽  
The Usa ◽  
Related Drug ◽  
Us Federal Government

Purpose This paper aims to illuminate the diverging approaches to marijuana-related drug enforcement at the federal and state levels in the USA, which have facilitated a boom in the US medical cannabis industry (i.e. the “Green Rush”). It further sheds light on how the USA’ aggressive extraterritorial approach to anti-money laundering (AML) enforcement might simultaneously suppress the banking of cannabis-related businesses in Jamaica due to the lingering fear of de-risking. Design/methodology/approach An international and comparative legal and policy analysis was conducted of the nexus among shifting drug enforcement policies, AML laws and the banking of cannabis-related businesses. Findings This study found that the constitutional relationship between the US federal government and states has created a de facto comparative advantage for the US medical cannabis-related businesses that benefit from limited access to financial services. This was found to pose far-reaching implications for the banking and development of the Jamaican cannabis sector due to the dependence of the country’s financial institutions on correspondent banking relationships with the US banks that are regulated by federal AML statutes. Originality/value To the best of the author’s knowledge, this paper is the first of its kind to examine the extraterritorial regulatory risks to the banking of cannabis-related businesses in Jamaica.

Cryptocurrency regulations will become more variable

2018 ◽  
Keyword(s):  
Securities And Exchange Commission ◽  
Futures Trading ◽  
Content Type ◽  
Securities Law ◽  
The Us ◽  
Commodity Futures Trading Commission ◽  
Regulatory Scrutiny ◽  
Market Capitalisation ◽  
And Control

Subject Cryptocurrency classification. Significance The classification of crypto assets under US securities law is less clear than in Japan, China and South Korea, but a working group comprising senior officials of the US Securities and Exchange Commission (SEC) and the US Commodity Futures Trading Commission (CFTC) is discussing it. The unclear status of Ethereum’s ether and Ripple’s XRP, the second- and third-largest crypto assets by market capitalisation, is the centre of attention. Impacts Mined crypto assets including bitcoin and litecoin are likely to remain classed as commodities. Ether and XRP are unlikely to be designated as commodities as they were initial coin offerings (ICOs) but also not as standard securities. As ICOs come under increasing regulatory scrutiny and control, more will fail, but a few may achieve notable success.

A review of the SEC Participating Affiliate No-Action Letters’ relief from Investment Advisers Act of 1940 registration for foreign investment advisers

2017 ◽  
Vol 18 (4) ◽  
pp. 22-28 ◽  
Author(s):  
Wendy E. Cohen ◽  
David Y. Dickstein ◽  
Christian B. Hennion ◽  
Richard D. Marshall ◽  
Allison C. Yacker ◽  
...  
Keyword(s):  
Foreign Investment ◽  
Financial Services ◽  
Design Methodology ◽  
Securities And Exchange Commission ◽  
Content Type ◽  
The Us ◽  
Information Update ◽  
Practical Guidance ◽  
Investment Advisers

Purpose To explain the US Securities and Exchange Commission (the “SEC”) staff’s (the “Staff”) participating affiliate exemption from investment adviser registration for foreign advisers set forth in a line of Staff no-action letters issued between 1992 and 2005 (the “Participating Affiliate Letters”) and to discuss recent guidance issued by the Staff in an information update published in March 2017 (the “Information Update”) with respect to complying with requirements of the Participating Affiliate Letters. Design/methodology/approach Reviews the development of the Staff’s approach regarding the non-registration of foreign advisers that rely on the Participating Affiliate Letters from prior to the issuance of those letters through the Information Update and sets forth recommendations for registered investment advisers and their participating affiliates. Findings While there are arguments that the Information Update goes beyond restating established standards and does not clearly explain whether submission of all listed documentation is required, the Information Update will likely standardize the information submitted to the SEC. Originality/value Practical guidance for advisers relying on the Participating Affiliate Letters from experienced securities and financial services lawyers.

scholarly journals MODERN CRYPTOECONOMICS: INTERNATIONAL LEGAL REGULATION

2018 ◽  
pp. 135-142
Author(s):  
Antonina D. Levashenko ◽  
Ivan S. Ermokhin
Keyword(s):  
Money Laundering ◽  
Legal Regulation ◽  
International Experience ◽  
Tax Base ◽  
Public Interests ◽  
Terrorist Financing ◽  
The Us ◽  
Crypto Currency ◽  
The World ◽  
The Eu

Due to increasing interest around the world about crypto-currency there is a growing need among authorities for understanding the approaches to regulate the new phenomenon. Analysis of international experience in the regulation of crypto-currencies and other cryptoactive assets shows that regulators are now trying to reduce the risks associated with the violation of public interests - the risks of erosion of the tax base and money laundering and terrorist financing. The article provides information on the approaches of the EU, the US and other OECD countries to the regulation of crypto-currencies and other crypto assets, as well as possible proposals for regulators in Russia. 

Part I Transnational Corruption and International Efforts at its Control, 4 International Efforts to Combat Corruption in Foreign Investment

2014 ◽  
Author(s):  
Llamzon Aloysius P
Keyword(s):  
World Bank ◽  
Foreign Investment ◽  
International Institutions ◽  
Codes Of Conduct ◽  
Multinational Companies ◽  
Foreign Corrupt Practices Act ◽  
World Community ◽  
The World Bank ◽  
The Us ◽  
The World

This chapter discusses how various actors in the world community have sought to combat transnational corruption. The most important of these actors are, of course, States, and the discussion begins with the efforts of the US through the Foreign Corrupt Practices Act. It then turns to the OECD Anti-Bribery Convention and the various regional instruments inspired by that treaty, culminating in the UN Convention Against Corruption. It considers efforts by multinational companies to institute norms and codes of conduct to guide their foreign investment relationships; and the response of international institutions, particularly the World Bank and international civil society. The chapter ends with an appraisal of the strengths and vagaries of the current regime of international anti-corruption law.

Life on the margin: US margin rules finalized at last

2016 ◽  
Vol 17 (2) ◽  
pp. 70-74
Author(s):  
Marc Horwitz ◽  
Claire Hall ◽  
Bradley Phipps
Keyword(s):  
Foreign Exchange ◽  
Financial Services ◽  
End Users ◽  
End User ◽  
Currency Options ◽  
Futures Trading ◽  
Content Type ◽  
Margin Requirements ◽  
The Us ◽  
Final Rule

Purpose To discuss the US Commodity Futures Trading Commission’s (CFTC’s) final rule regarding margin for uncleared swaps (the CFTC margin rule) and an interim final rule exempting non-financial and certain other end-users who are eligible for the end-user clearing exception from the scope of the CFTC margin rule, both adopted in December 2015. Design/methodology/approach Compares the CFTC margin rule to the similar “Bank margin rule”; explains what trades and types of entities are covered, the treatment of inter-affiliate swaps, the initial margin and the variation margin requirements, the types of collateral that can be posted, the required documentation, how netting is applied, the custodian requirements and the compliance dates. Findings The margin rules apply to uncleared swaps including cross-currency swaps, non-deliverable foreign exchange forwards and currency options. Exempt foreign exchange swaps and deliverable foreign exchange forwards are not required to be margined. Non-financial end-users who rely on the end-user exception are exempt from margin requirements. Originality/value Practical guidance from experienced financial services lawyers.

SEC fines non-US entities for unregistered cross-border brokerage and advisory activities

2017 ◽  
Vol 18 (1) ◽  
pp. 75-77
Author(s):  
James Burns ◽  
Kimberly Beattie Saunders
Keyword(s):  
United States ◽  
Asset Management ◽  
Financial Services ◽  
Financial Institution ◽  
The United States ◽  
Securities And Exchange Commission ◽  
Foreign Firms ◽  
Content Type ◽  
Regulatory Guidance ◽  
The Us

Purpose To explain a settlement involving a foreign financial institution, its non-US subsidiaries, and the US Securities and Exchange Commission (“SEC”) that reveals an SEC focus on policing the activities of foreign firms that reach into the United States and helps further define the scope of activities that require registration under the federal securities laws. Design/methodology/approach Provides insight into a recent area of focus for SEC regulators and introduces the potential regulatory implications for non-US firms with activities that reach into the United States. Findings Given the SEC’s current enforcement focus, it is critical that financial institutions take care to conduct their activities with an understanding of the regulatory requirements associated with the provision of brokerage and advisory services to US clients and customers – including, for many firms, registration as an investment adviser, broker-dealer, or both. Originality/value Practical regulatory guidance regarding SEC registration requirements that may reach non-US firms from experienced financial services lawyers specializing in asset management.

Kleptocracy and foreign corruption manifesting in illicit financial flows

2018 ◽  
Vol 25 (3) ◽  
pp. 681-701 ◽  
Author(s):  
Ted C. Moorman
Keyword(s):  
Ethics Education ◽  
Financial Crime ◽  
Department Of Justice ◽  
Government Officials ◽  
Financial Flows ◽  
Content Type ◽  
Foreign Government ◽  
Creative Solutions ◽  
The Us ◽  
Asset Forfeiture

Purpose The purpose of this paper is to identify the place of kleptocracy and foreign corruption within the broader framework of financial crime. This facilitates understanding the importance of kleptocracy and foreign corruption as social problems. Two other aims are to better understand the most problematic components of a kleptocratic network and the most effective combatants of that network. A subsequent goal is to offer solutions from a broad range of interventions, including policy, technology, education, research and collaborative efforts. Design/methodology/approach Theoretical economic concepts are used to analyze the importance of kleptocracy and foreign corruption. A small in-depth survey of 15 experts is conducted to identify the most problematic components of kleptocratic networks and the most effective combatants of those networks. The proposed solutions are based on a combination of argumentation, econometric developments, application of trends in related fields and material from in-depth surveys. Findings This paper identifies kleptocracy and foreign corruption as one of the most, if not the most, devastating financial crime according to its impact on the total marginal utility of wealth. Experts identify foreign kleptocrats or corrupt foreign government officials as the most problematic entities in kleptocratic networks and the most effective combatant is identified as the US Department of Justice. By adding up fines and asset forfeiture related to corruption, penalties are found to be a small fraction of the problem in terms of monetary magnitude. Research limitations/implications The paper does not attempt to make causal claims because of the nature of the paper’s purpose and methodology. Practical implications The paper offers suggestions and methods for academic researchers who may wish to pursue a research agenda that is empirical and forensic with the aim of combatting kleptocracy and foreign corruption. The paper describes how information on kleptocracy and foreign corruption can be implemented into business and economics curriculum. Social implications Kleptocracy and foreign corruption are important problems, and creative solutions are desperately needed. Originality/value The paper shows how understanding and combatting kleptocracy and foreign corruption can be considered an interdisciplinary activity, touching on fields including technology, economics, business, ethics, education, law, policy, statistics and research methods.

US Supreme Court clarifies liability standard under Section 11 of the Securities Act of 1933 for statements of opinion in registration statements

2015 ◽  
Vol 16 (3) ◽  
pp. 37-42
Author(s):  
Richard Parrino ◽  
Douglas Schwab ◽  
David Wertheimer
Keyword(s):  
Supreme Court ◽  
Financial Services ◽  
Design Methodology ◽  
Pension Fund ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Content Type ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court

Purpose – The purpose of this article is to examine the US Supreme Court’s much anticipated decision in Omnicare, Inc. v. Laborers Dist. Council Const. Indus. Pension Fund. In this 2015 case, the Supreme Court announced important principles for interpreting the application of the two bases for liability under Section 11 of the Securities Act of 1933 to statements of opinion expressed in registration statements filed with the Securities and Exchange Commission in connection with public securities offerings. Design/methodology/approach – The article examines the Supreme Court’s articulation of the standards federal courts must apply under Section 11 to determine if opinion statements were untrue statements of a material fact or misleading because they omitted material facts necessary to make the statements of opinion not misleading. The paper identifies a number of the complexities involved in the Supreme Court’s approach and emphasizes the nuanced assessment of the facts surrounding opinion statements courts will be required to undertake by Omnicare. Findings – The Omnicare decision has significant implications for the litigation of Section 11 claims challenging statements of opinion and for the preparation of registration statement disclosures. The Omnicare decision dramatically alters the standards for reviewing Section 11 claims premised on opinions long applied in a number of US federal appellate circuits. The decision is likely to result in more Section 11 claims based on supposedly misleading opinion statements, and potentially in a greater number of Section 11 claims that survive at least an initial motion to dismiss. Omnicare highlights the importance of including in registration statement disclosures meaningful cautionary statements identifying important facts that could cause actual outcomes to differ materially from views expressed in an opinion. Originality/value – Expert guidance from experienced financial services lawyers.

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