Has the Time Come for Adoption of Digital Asset Legislation in the US?

By Elliot Berman | June 21, 2022
U.S. Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) have introduced the Responsible Financial Innovation Act (also being referred to as “Lummis-Gillibrand”). The goal of the proposal is to create “…complete regulatory framework for digital assets that encourages responsible financial innovation, flexibility, transparency and robust consumer protections while integrating digital assets into existing law.” The legislation is noteworthy as a bipartisan effort to apply a clear regulatory structure to digital assets – including virtual or crypto currencies. Currently, regulation of digital assets is a patchwork of federal and state laws and interpretations, most of which have looked to squeeze digital assets into existing regulatory structures, mostly created years before the advent of digital assets.

FinCEN Wants Your Comments on How to Regulate Real Estate

By Elliot Berman | December 14, 2021
The Financial Crimes Enforcement Network (FinCEN), a bureau of the US Treasury Department, wants your help in deciding how to bring more of the real estate industry under the Bank Secrecy Act (BSA). In the December 8, 2021 edition of the Federal Register, FinCEN published an Advanced Notice of Proposed Rulemaking (ANPRM) - Anti-Money Laundering Regulations for Real Estate Transactions. The ANPRM asks for comments on “…potential requirements under the [BSA] for certain persons involved in real estate transactions to collect, report, and retain information.”

Where is FinCEN on Virtual Currencies?

By Elliot Berman | March 9, 2021
Virtual currencies (sometimes referred to as cryptocurrencies) continue to move into established commerce. The number of merchants accepting the currencies is growing, as are the number of people looking to the currencies as investment vehicles, and to use them for retail transactions. As virtual currencies have moved from techno-curiosities to mainstream commerce, FinCEN has issued a number of advisories and guidance about how the Bank Secrecy Act (BSA) regulatory structure apples to them. FinCEN is not the only agency addressing to virtual currency; for 2020 the IRS has added a yes or no question to the Form 1040 (used by individuals in the US to file federal income tax) that asks whether the taxpayer has acquired an interest in virtual currency.

FinCEN’s Updated Guidance on §314(b)

By Elliot Berman | December 21, 2020
Information sharing in the BSA/AML space is a topic of ongoing discussion and such an essential tool. I wrote about the value and the challenges in a prior post. One part of the US information sharing regime is Patriot Act §314(b).[1] Since its passage, FinCEN has issued guidance about the section on a number of occasions; the most recent in December 2020 through the issuance of an updated Fact Sheet. Section 314(b) established a process for financial service companies[2] (FIs) to share certain information under the protections of a safe harbor from liability for privacy law violations or from sharing false information. Participation under §314(b) is voluntary.

Fraud: In Stock for the Holidays

By Elliot Berman | November 13, 2020
Every year, fraud on consumers, sellers, and financial service providers increases during the holiday shopping season. This year, pandemic conditions have led to the reduction of brick-and-mortar shopping, and is driving more merchants online for the first time. This massive shift to online commerce with the inevitability of holiday fraud, sets the scene for a season that promises to be more challenging than financial crimes space is probably used to seeing.

Boards Can’t Exercise Oversight Without the Right Information

By Elliot Berman | September 14, 2020
This post is part of our occasional series on AML program fundamentals which focuses on refreshing foundational knowledge for experienced members of the AML community and providing an introduction to key topics for those new to the subject.

What are the Cybercriminals Up to Now?

By Elliot Berman | August 11, 2020
The Financial Crimes Enforcement Network (FinCEN[1]) has issued an advisory[2], providing guidance and red flags for cybercrime and cyber-enabled crime occurring during the COVID-19 pandemic. The advisory is intended to, “aid financial institutions in detecting, preventing, and reporting potential COVID-19-related criminal activity.” As you know, there have been numerous alerts issued by various government agencies about crimes and frauds being perpetrated during the pandemic. Links to many of them are available on our COVID-19 resources page - feel free to disseminate them throughout your institution or firm.

How Helpful is the Latest FinCEN Guidance on Customer Due Diligence?

By Elliot Berman | August 4, 2020
FinCEN has issued additional guidance about the responsibility of financial services companies (FIs)[1] relating to customer due diligence (CDD). The guidance takes the form of responses to three frequently asked questions (FAQs) about the requirements of CDD Rule.[2] The FAQs focus on “obtaining customer information, establishing a customer risk profile, and performing ongoing monitoring of the customer relationship.” Let’s look at the details of the guidance and see how this may impact FIs...

Elder Financial Exploitation is a Financial Crime

By Elliot Berman | July 16, 2020
The title of this post may seem obvious, but do you know what your financial services company should be doing to detect, report and prevent it? As with many financial crimes, the activity often touch FIs. So what exactly is elder financial exploitation (EFE)? EFE refers to the “illegal or improper use of an older adult’s funds, property, or assets.[i]”

AML Conversations

John interviewed Michael Lee, IRSCI Supervisory Special Agent, Western Cyber Crime Unit, on crypto, NFTs and Decentralized Finance.  

John Byrne sits down with former FinCEN Deputy Director, Jamal El-Hindi and now Counsel with Clifford Chance. The two discuss AML challenges with new...

For this episode of our AML Conversations podcast, we sit down with Sara Crowe, the strategic initiatives director at Polaris, a non-profit working...

John Byrne chats with Brian Szady, Founder of a threat mitigation firm Threatminder, on the various cybersecurity issues challenging the AML world,...

John Byrne sits down with Dr. Louise Shelley and Layla Hashemi, the editors of the new book Antiquities Smuggling in the Real and Virtual...

In June 2021, FinCEN issued the first National AML/CFT Policy Priorities for the US. John Byrne sat down with Dan Stipano of Davis Polk & Wardwell...

We sit down with our global sanctions expert Tim White to hear how the financial crime compliance community is impacted following the sanctions...

John Byrne, Chairman of the AML RightSource Advisory Board, sits down with James Lin, the Company’s new Chief Product & Technology Officer. James...

Advisory Board Chair John Byrne sits down with Ken Harvey to discuss his joining the Board. They chat about Ken’s long career in financial service...

John Byrne sits down with Jeffrey Albert of Pryor Cashman LLP and Ari Redbord of TRM Labs to discuss the latest guidance from the Financial Action...

Press

AML RightSource’s ongoing expansion into the technology arena continues to go from strength-to-strength as they welcome Stern International Bank to...

Please see a statement below from AML RightSource’s CEO and Buffalo local resident Frank Ewing about this weekend’s tragic events (Saturday May 14,...

CLEVELAND – April 13, 2022 — AML RightSource, the leading provider of Anti-Money Laundering (“AML”), Know Your Customer (“KYC”), and Bank Secrecy Act...

AML RightSource, the leading firm focused on fighting financial crime for clients and the world, welcomes Alexandra Lugo as the company’s general...

Initiative to Create 363 Jobs in Buffalo CLEVELAND –- March 21, 2022 — New York Governor Kathy Hochul announced that AML RightSource, the leading...

AML RightSource, the leading firm focused on fighting financial crime for clients and the world, is pleased to announce that Mark Horwood-James has...

CLEVELAND (March 7, 2022) — AML RightSource (“AMLRS”), the leading firm focused on fighting financial crime for clients and the world, is pleased to...

AML RightSource (“AMLRS”), the leading firm focused on fighting financial crime for clients and the world, is pleased to announce that Nicholas...

Watch this video for more information about the QuantaVerse Platform New capability considers a company’s registration status as an indicator of...