Category: Compliance Regulation

Japan’s antitrust watchdog on Thursday ordered three major utilities to pay a total of 101 billion yen in fines for forming cartels over electricity sales, in a move that goes against the nation’s efforts to free up the electric power market. The amount of the penalty, to be collected from electricity companies based in central, western and southwestern regions, is…

A March 3, 2023 DOJ memorandum on the Pilot Program notes that “when entering into criminal resolutions, companies will be required to implement compliance-related criteria in their compensation and bonus system and to report to the [DOJ’s Criminal] Division about such implementation during the term of such resolutions.” Under the compliance enhancement component, the company must annually report its implementation of criteria such as:

a prohibition on bonuses for employees who do not satisfy compliance performance requirements;
disciplinary measures for employees who violate applicable law and others who both:
a. had supervisory authority over the employee(s) or business area engaged in the misconduct; and
b. knew of, or were willfully blind to, the misconduct; and
incentives for employees who demonstrate full commitment to compliance processes.

There has been no shortage of news this month, so it is understandable that a major presidential proposal garnered relatively little attention at the time.  On March 2, the President proposed a sweeping pandemic anti-fraud initiative that is designed to give key oversight bodies additional tools to investigate and prosecute those who defraud the pandemic relief programs that collectively injected trillions into the then-teetering economy to support struggling families, workers, and businesses.

When these relief programs were initiated three major oversight bodies were created to combat pandemic relief-related fraud, a House Select Subcommittee on the Coronavirus Pandemic; a new Office of Inspector General, the Special Inspector General for Pandemic Recovery (or “SIGPR”); and the Pandemic Response Accountability Committee (or “PRAC”), a consortium of existing Offices of Inspectors General whose agencies took part in pandemic relief programs. To complement the work of these bodies, the Department of Justice created COVID-19 Fraud Strike Force Teams, a COVID-19 Fraud Enforcement Task Force, and a “Chief Pandemic Prosecutor” was named.

U.S. corporate due diligence firm Mintz Group said on Thursday its Beijing office was raided by authorities and five Chinese staff were detained, stoking worry among foreign companies in China just as its capital hosts an international economic forum.

News of the raid and detentions comes as Sino-U.S. relations have spiraled downwards following months of diplomatic tensions, including over the U.S. military downing in February of a suspected Chinese spy balloon and a planned U.S. transit next week by the president of Taiwan, the self-governed island China claims as its territory.

“We can confirm that Chinese authorities have detained the five staff in Mintz Group’s Beijing office, all of them Chinese nationals, and have closed our operations there,” the company said in an emailed statement to Reuters.

The company said it was ready to work with Chinese authorities to “resolve any misunderstanding that may have led to these events”, and that its top concern was the safety and wellbeing of colleagues in China.

Credit Suisse Group AG and UBS Group AG are among the banks under scrutiny in a US Justice Department probe into whether financial professionals helped Russian oligarchs evade sanctions, according to people familiar with the matter.

The Swiss banks were included in a recent wave of subpoenas sent out by the US government, the people said. The information requests were sent before the crisis that engulfed Credit Suisse and resulted in UBS’s proposed takeover of its rival.

Subpoenas also went to employees of some major US banks, two people with knowledge of the inquiries, said.

The Justice Department inquiries are focused on identifying which bank employees dealt with sanctioned clients and how those clients were vetted over the past several years.

Frankfurt (dpa) – A US court has ordered German stock operator Deutsche Börse’s Clearstream subsidiary to turn over about $1.7 billion in assets held by Iran’s central bank, Bank Markazi.

The court decision comes as part of a long-running US legal case in which victims of a terrorist attack 40 years ago have sought compensation from Iran. Clearstream said it is considering an appeal of the decision.

The assets are held in a customer account in Luxembourg by Clearstream, a wholly owned subsidiary of the German stock exchange operator. The company announced on Wednesday evening in Frankfurt that those suing Iran were granted a right to the assets attributed to the Iranian central bank held in a customer account at Clearstream.

Iranian-held assets at Clearstream, which manages securities on behalf of customers and handles purchases and sales, have been frozen on suspicion of terrorist financing and locked in several legal disputes for a number of years.

According to Deutsche Börse, that case remains pending but Clearstream maintains it is without merit.

In a letter Wednesday, GOP House Judiciary Chair Jim Jordan of Ohio raised concerns that the Global Alliance for Responsible Media — created by trade association World Federation of Advertisers and backed by the World Economic Forum — was violating US antitrust laws. The group’s more than 100 members include advertisers such as Procter & Gamble Co. and Unilever Plc, alongside tech companies such as Meta Platforms Inc., Alphabet Inc.’s YouTube and ByteDance Ltd.’s TikTok.

A new lawsuit accuses Mark Zuckerberg and other Meta Platforms Inc executives and directors of failing to do enough to stop sex trafficking and child sexual exploitation on Facebook and Instagram. The complaint made public late Monday by several pension and investment funds that own Meta stock said Meta’s leadership and board have failed to protect the company’s and shareholders’ interests by turning a blind eye to “systemic evidence” of criminal activity.

Given the board’s failure to explain how it tries to root out the problem, “the only logical inference is that the board has consciously decided to permit Meta’s platforms to promote and facilitate sex/human trafficking,” the complaint said. Meta rejected the basis for the lawsuit, which was filed in Delaware Chancery Court.

Meta, based in Menlo Park, California, has long faced accusations that its platforms are a haven for sexual misconduct.

Guo Wengui, a Chinese billionaire known for his opposition to Beijing and ties to the administration of former US President Donald Trump, has been charged in the United States with defrauding investors out of $1bn.

Guo, also known as Ho Wan Kwok and Miles Guo, was arrested in New York on Wednesday over an alleged conspiracy involving the misappropriation of hundreds of millions of dollars obtained from his thousands of followers online, the US Department of Justice said in a statement.

Guo is accused of pocketing money raised from investors who were promised outsized returns for backing a number of his business ventures, including the media company GTV Media Group, an exclusive membership club known as G|CLUBS and a cryptocurrency called Himalaya Coin.

The Japan Securities Dealers Association said Wednesday it has imposed a penalty of 300 million yen on SMBC Nikko Securities Inc for market manipulation, matching the highest fine previously issued by the organization.

According to the JSDA, SMBC Nikko illegally propped up the prices of 10 individual stock issues to stabilize them last year in “block offering” transactions.

The fine imposed on the brokerage by the JSDA is equal to that issued to Nomura Securities Inc. in connection with an insider trading scandal in 2012.

Top New York federal prosecutors on Wednesday unveiled a new effort to encourage companies to voluntarily disclose wrongdoing to U.S. attorneys. Under the new policy, which is effective immediately, companies that self-report misconduct will receive more lenient treatment than if prosecutors discover the misconduct through whistleblowers or of their own accord. Damian Williams and Breon Peace, the U.S. attorneys in…

At the best of times this is not a good look for an institution in charge of £1.1 trillion worth of the world’s deposits and investments. In the middle of the worst jitters over bank safety for 15 years, it is doubly awkward. Coming weeks after both the chairman and chief executive had given the impression that the outflows had bottomed out, it is also deeply embarrassing. Markets gave their own unambiguous verdict. Credit default swaps on Credit Suisse debt hit a record, meaning it is more costly than ever for investors to insure against the group defaulting. The shares slumped by 4 per cent at one point yesterday, though they rallied on the back of a worldwide bounce in bank stocks.

A Southfield, Michigan-headquartered bank holding company has agreed to plead guilty to securities fraud for filing false securities statements relating to its 2017 initial public offering (IPO) and its 2018 and 2019 annual filings.

According to a signed plea agreement that will be publicly filed in court, Sterling Bancorp, Inc. (the Company) was the holding company for its wholly owned subsidiary, Sterling Bank and Trust F.S.B. (the Bank, or together with the Company, “Sterling”). Sterling – with branches located in San Francisco, Los Angeles, Seattle, New York, and Southfield – completed an IPO in 2017, and the Company’s stock began trading on the NASDAQ exchange under the ticker symbol “SBT.”

ilicon Valley Bank’s parent company and two senior executives are facing a class-action lawsuit in the United States, where shareholders have accused the financial institution of failing to disclose the risks that anticipated interest rate hikes would have on its business.

The lawsuit, filed in federal court in the Northern District of California on Monday, is seeking unspecified damages from SVB Financial Group and its Chief Financial Officer Daniel Beck, as well as the bank’s Chief Executive Officer Greg Becker.

The bank collapsed and its assets were seized by the US government late last week after a mass withdrawal of funds by customers.

The agency cited concerns over the lenders’ reliance on uninsured deposit funding and unrealized losses in their asset portfolios. “The review for downgrade reflects the extremely volatile funding conditions for some US banks exposed to the risk of uninsured deposit outflows,” it stated. Moody’s also slashed the debt ratings of collapsed New York-based Signature Bank deep into junk territory, withdrawing future ratings for the insolvent lender. The downgrades come while US bank stocks have continued to plummet despite the government’s measures to support lenders and prevent more bank runs. First Republic Bank has led the sell-off, with its share price nosediving more than 60% on Monday, forcing a brief halt in trading due to volatility. Western Alliance Bancorp lost over 47% while Zions Bancorp declined by about 26%. Dallas-based Comerica dropped 28% and UMB lost more than 15%.

On Friday, March 3, 2023, the DOJ released its updated Evaluation of Corporate Compliance Programs, which included new guidance on ephemeral messaging platforms and other issues. This new guidance was released contemporaneously with Assistant Attorney General Kenneth A. Polite, Jr.’s (‘Polite”) speech at the American Bar Association’s (“ABA”) 38th Annual National Institute on White Collar…… Continue Reading
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