Category: Financial Crime

SEC ‘deeply regrets’ its ‘errors and lapses in judgment’ in crypto case

Attorneys for the Securities and Exchange Commission apologized to a judge on Thursday for misrepresenting facts used to secure a restraining order and asset freeze against a crypto firm. In a filing submitted to the U.S. District Court of Utah, in response to the judge’s order to show cause for its misstep, the SEC attorneys wrote that the commission “deeply regrets these orders” and promised to conduct mandatory training for staff members involved in the investigation. “I fully appreciate the…

Latvia’s ex-central bank chief sentenced to 6 years’ jail for corruption

Latvia’s former central bank governor was sentenced to six years in prison for bribery on Wednesday after a trial over the most prominent of a series of recent financial scandals to hit the Baltic country. Ilmārs Rimšēvičs, head of the Latvian central bank from 2001 until 2019, was found guilty by the Riga district court of accepting bribes and a fishing trip to Russia from shareholders of a now defunct bank. He was sentenced to six years in jail and…

Trends in French White Collar Crime

France’s Sapin II Law was created in 2016 to address corporate corruption and implement antibribery measures. The legislation took effect in 2017, marking a significant shift in the country’s regulatory compliance landscape. The law, which tracks closely with similar laws in the US, UK, and other EU countries, requires large companies [1] to implement a robust compliance program, including anti-corruption policies, monitoring procedures, and accounting controls.  The law also significantly changes the government’s prosecution strategies for white collar crime, particularly…

Fortnite maker Epic Games wins antitrust case against Google

A U.S. federal court jury has decided that Google’s Android app store has been protected by anti-competitive barriers that have damaged smartphone consumers and software developers, dealing a blow to a major pillar of a technology empire. The unanimous verdict reached Monday came after just three hours of deliberation following a four-week trial revolving around a lucrative payment system within Google’s Play Store. The store is the main place where hundreds of millions of people around the world download and…

UK fines 123 offshore companies for transparency law breach

Britain has issued more than 120 financial penalties to offshore companies that have failed to comply with transparency legislation designed to uncover illicit wealth hidden in the UK property market. The Register of Overseas Entities was created after Russia’s invasion of Ukraine to help the UK government crack down on oligarchs and other kleptocrats. Individuals that own British property through offshore vehicles had until the end of January 2023 to register such entities and publicly reveal their ownership at Companies…

Mercer to pay $12 million penalty for misleading representations and fee disclosure failures

Mercer Financial Advice has been ordered by the Federal Court to pay a $12 million penalty for breaching fee disclosure obligations and for wrongly charging fees to customers, ASIC has reported. “This is a significant penalty for a financial advice provider,” said Sarah Court (pictured above), ASIC deputy chair. “Mercer failed in its obligation to provide fee disclosure statements to clients, provided misleading information in the disclosure statements it did provide, and charged its clients fees for services it was…

US audit inspectors unveil $7.9mn fines on China-based firms

WASHINGTON: US inspectors announced fines against China-based firms Thursday, as part of a broader effort to hold US-listed Chinese companies up to American auditing standards amid simmering geopolitical tensions. These included PwC affiliates in Hong Kong and China, alongside a Chinese audit company. The $7.9 million in penalties unveiled by the Public Company Accounting Oversight Board (PCAOB) represent some of the highest imposed on any firm globally, it said. They mark the first time it “has been able to bring enforcement action…

Canada: Class action against Dye & Durham over price hikes, broken promises dismissed

An Ontario justice has thrown out a proposed $200-million class action lawsuit against legal software provider Dye & Durham Ltd. DND-T over price hikes and broken promises by the Toronto software company. Ontario Superior Court Justice Edward Morgan last month dismissed the action brought by real estate law firms and D&D clients Burford Law Professional Corp. and Tais Davis. D&D spokesman Wojtek Dabrowski said in an e-mail: “We are pleased with this outcome and glad to put this meritless lawsuit…

Cyprus lit up with oligarch transactions after Russia invaded Ukraine -leaks

With Russian tanks and troops descending on Ukraine in early 2022, Cyprus became a hotbed of financial activity. The island country has long been known as an offshore transit point for the fortunes of Russian billionaires, and as sanctions loomed over many of them last year, Cyprus financial services firms fielded a series of urgent demands to transfer funds and shareholdings, newly revealed records show. In one case, documents show that two Russian billionaires, Alexander Abramov and Alexander Frolov, needed…

A Chinese man is extradited from Morocco to face embezzlement charges in Shanghai

BEIJING: A Chinese man wanted for allegedly embezzling millions of yuan (hundreds of thousands of dollars) from his company and then fleeing to Morocco was extraditedback to China on Saturday, the Ministry of Public Security said. The man, a financial executive at the company, used passwords for its bank accounts to transfer money to his personal account, the ministry said in a statement.It didn’t name the company but said that Shanghai police filed a case against the man in February…

Recent Discover Lawsuits Provide Compliance Lessons (Mannacio v. Discover Financial Services, et al., 23-cv-06788)

In September, a class action lawsuit (Mannacio v. Discover Financial Services, et al., No. 23-cv-06788 (N.D. Ill.)) was filed against Discover Financial Services (“Discover”) alleging Discover and certain current and/or former executives violated the Securities Exchange Act of 1934. Specifically, the class action complaint alleged that the defendants made false and/or misleading statements and/or failed to disclose that: (i) Discover maintained deficient risk management and compliance procedures; (ii) as a result, Discover, among other things, failed to comply with applicable…

Guernsey firm alleges fraud by Thomas Flohr before he launched VistaJet, case not dismissed

Thomas Flohr, owner of luxury airline VistaJet, must fight a claim that he defrauded a Guernsey investment partnership two decades ago after London’s High Court refused to dismiss the case.  Flohr, who denies the allegations, had tried to have the case thrown out on technical grounds related to the circumstances of the case, in which a previously dissolved partnership was resurrected in 2021 in order to file the suit.  Frontiers Capital initially sued for breach of contract in 2021 but…

FTX’s Bankman-Fried convicted on all counts: conspiracy to commit securities fraud and money laundering

FTX founder Sam Bankman-Fried was convicted of fraud and money laundering by a New York jury in a landmark criminal verdict that is likely to condemn the former crypto tycoon to decades in prison […] The decision […] was delivered just after 7.40pm on Thursday, following less than five hours of deliberation by the jury’s nine women and three men over seven charges including wire fraud on FTX customers and conspiracy to commit securities fraud and money laundering. Bankman-Fried was…

SEC Charges President/CCO of Prophecy Asset Management Advisory Firm with Multi-Year Fraud

Washington D.C., Nov. 2, 2023 — The Securities and Exchange Commission today charged John Hughes, president and chief compliance officer of registered investment adviser Prophecy Asset Management LP, for his involvement in a multi-year fraud that concealed losses of hundreds of millions of dollars from investors. Prophecy Asset Management advised multiple hedge funds and reported more than $500 million in assets under management. The SEC’s complaint alleges that Hughes and his associates at Prophecy Asset Management misled the funds’ investors,…

Sam Bankman-Fried to testify in his own defence in crypto fraud trial Thursday

FTX founder Sam Bankman-Fried plans to testify at his fraud trial, his lawyer told a federal judge Wednesday, ending speculation over whether a man who embraced the spotlight during his years atop the cryptocurrency world could remain silent after prosecutors portrayed him as a greedy entrepreneur who stole billions of dollars from customers. Attorney Mark Cohen told Judge Lewis A. Kaplan that he planned to call three witnesses “and then our client is also going to be testifying” after prosecutors…

What Google’s antitrust trial means for search

If government regulators prevail against Google in the biggest U.S. antitrust trial in a quarter century, it’s likely to unleash drastic changes that will undermine the dominance of a search engine that defines the internet for billions of people. As the 10-week trial probing Google’s business practices nears its midway point, it’s still too early to tell if U.S. District Judge Amit Mehta will side with the Justice Department and try to handcuff one of the world’s most dominant tech…