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Top Story Compliance Related

08/07/2020

Enforcement actions against Capital One

Capital One Financial Corporation, McLean, Virginia, was issued a consent cease and desist order by the Federal Reserve Board, and its national bank subsidiaries, Capital One, N.A. and Capital One Bank (USA), N.A., were assessed an $80 million civil money penalty and issued a consent cease and desist order by the OCC.

The enforcement actions were taken for the banks' failure to establish effective risk assessment processes prior to migrating significant information technology operations to the public cloud environment, and their failure to correct the deficiencies in a timely manner, culminating in a significant data breach in March 2019 that affected the personal information of Capital One credit card customers and applicants for credit card products.

For addition information, see this BankersOnline Penalty Page.

08/07/2020

U.S.-UK innovation partnership meeting

Treasury reported yesterday on Wednesday's virtual meeting of U.S. and UK participants in the countries' Financial Innovation Partnership to exchange views on topics of mutual interest. The Regulatory and Commercial Pillars of the Partnership met jointly to discuss deepening U.S.-UK ties in financial innovation. Also, the representatives of the U.S. Treasury Department and Her Majesty's Treasury chaired a discussion of the Regulatory Pillar of the FIP, engaging on topics including digital payments, operational resilience, cross-border testing of innovative financial services, and regulatory and supervisory technology.

Participants acknowledged the importance of the ongoing partnership in monitoring and analyzing trends in global financial innovation, as well as being an integral component of the U.S.-UK financial services cooperation.

08/07/2020

OFAC sanctions Libyan criminal network

Treasury reported yesterday that OFAC has designated the members of a network of smugglers contributing to instability in Libya. OFAC designated Libyan national Faysal al-Wadi, operator of the vessel Maraya; two associates, Musbah Mohamad M Wadi and Nourddin Milood M Musbah, and the Malta-based company, Alwefaq Ltd, under the authority of Executive Order 13726. Additionally, the vessel Maraya was identified as blocked property.

For identification information on the five additions to OFAC's SDN List, see this BankersOnline OFAC Update.

08/06/2020

Amendments to fund disclosures proposed by SEC

The Securities and Exchange Commission has proposed comprehensive modifications to the mutual fund and exchange-traded fund disclosure framework to better serve the needs of retail investors. The proposed disclosure framework would feature concise and visually engaging shareholder reports that would highlight information that is particularly important for retail investors to assess and monitor their fund investments. The proposal is a central component of the Commission’s investor experience initiative and responds to comments the Commission received in response to a 2018 request for comment on retail investors’ experience with fund disclosure.

Comments on the Commission's proposal will be accepted for 60 days following publication in the Federal Register.

08/06/2020

Flood Insurance Program suspensions published

The Federal Emergency Management Agency has published a final rule at 85 FR 47673 in today's Federal Register identifying 21 communities in Lackawanna County, Pennsylvania, and one in Randolph County, Illinois, that were scheduled for suspension from the National Flood Insurance Program on August 5, 2020, for noncompliance with the floodplain management requirements of the program.

  • PA: Benton, Blakely, Covington, Dalton, Dunmore, Elmhurst, Fell, Glenburn, Greenfield, Jefferson, Jessup, Mayfield, Newton, North Abington, Old Forge, Scott, Scranton, South Abington, Taylor, Throop, and Waverly
  • IL: Prairie du Rocher

If any of the communities met the floodplain management requirements prior to August 5, they were not suspended.

08/06/2020

OFAC sanctions Zimbabwean businessman

A Treasury press release reported Wednesday that OFAC has designated Kudakwashe Regimond Tagwirei for providing support to the leadership of the Government of Zimbabwe, as well as Sakunda Holdings for being owned or controlled by Tagwirei.

OFAC also removed sanctions on the recently-deceased John Bredenkamp and 20 companies owned or controlled by him.

For identity information on these additions to and removals from OFAC's SDN List, see the BankersOnline OFAC Update.

08/05/2020

FDIC releases CRA evaluation ratings

The FDIC has released a list of 64 banks recently evaluated for compliance with the Community Reinvestment Act whose evaluation ratings were made public in August. Sixty of the banks received a Satisfactory rating. One was rated Needs to Improve, and the following three were rated Outstanding:

08/04/2020

FTC sues merchant cash advance lender for UDAP

The Federal Trade Commission has filed a complaint in the U.S. District Court for the Southern District of New York against Yellowstone Capital LLC and Fundry LLC, both New York limited liability companies; and Yitzhak D. Stern, also known as Isaac Stern, and Jeffrey Reece, individually and as officers of the two LLCs; seeking permanent injunctive and other equitable relief. Yellowstone and Fundry are providers of merchant cash advances, and used deception to lure small business customers, then regularly withdrew money from their accounts without consent even after the customers had repaid the money they owed, according to the Commission's complaint.

Merchant cash advances are a form of financing in which the defendants provide money to a small business up front in exchange for a larger amount repaid through daily automatic payments. The Commission alleges that the defendants unlawfully withdrew millions of dollars in excess payments from their customers' accounts, and took weeks or months to provide refunds when challenged by those customers.

In addition, the complaint alleges that for years Yellowstone deceived potential customers about the amount of money they would receive, with the amount shown on the contract not reflecting additional fees that would be deducted. According to the complaint, these fees totaled hundreds and even thousands of dollars, and were not revealed to business owners until, in some cases, after their contracts were signed, The FTC also alleges that the defendants relied on deceptive marketing to promote their services. Specifically, the complaint states that Yellowstone promised that business owners would not be required to provide collateral or be subject to a personal guaranty. These promises appeared in online ads and other forms of marketing, but in many instances Yellowstone’s contracts actually required business owners to be personally liable if their business failed to make repayments, as well as put the business and all of its property up as collateral.

08/04/2020

FinCEN adds FAQs on CDD requirements

FinCEN has issued Guidance FIN-2020-G002 in the form of three new FAQs regarding customer due diligence requirements for covered financial institutions. The three FAQs clarify the regulatory requirements related to—

  • obtaining customer information;
  • establishing a customer risk profile; and
  • performing ongoing monitoring of the customer relationship in order to assist covered financial institutions with their compliance obligations in these areas.

The new FAQs, developed in consultation with federal financial regulators, are in addition to those that were published on July 19, 2016, and April 3, 2018.

08/03/2020

FATF webinars on COVID-19 and money laundering

The Financial Action Task Force has made two webinars on money laundering, terrorist financing and COVID-19 available for viewing:

  • COVID-19 and the Changing Money Laundering and Terrorist Financing Risk Landscape
  • The Impact of COVID-19 on the Detection of Money Laundering and Terrorist Financing

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