Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Andrew St. Laurent | March 26, 2021
Corporations need to take a close look at their compliance programs, making sure that these programs are delivering, not just promising, real oversight.
By Joshua A. Levine and Daniel S. Levien | March 26, 2021
The CTA constitutes the most significant change to the U.S. anti-money laundering regime since the USA PATRIOT Act of 2001, and legal practitioners, industry, and law enforcement should pay careful attention to its rollout, which will primarily be addressed in regulations to be promulgated by the U.S. Department of Treasury.
By Sarah Paul and Andrea Gordon | March 26, 2021
The Anti-Money Laundering Act of 2020, which became law on Jan. 1, 2021, greatly expands the U.S. government's authority to subpoena records from foreign banks with no U.S. branches, and this expansion has the potential to dramatically impact future white-collar investigations. This article provides insight into how the recent legislation could affect cross-border, white-collar investigations, how foreign banks can (or should) respond if they receive these subpoenas, and what affirmative measures foreign banks can take to prevent coming under scrutiny themselves.
By Joan Meyer and Norman Bloch | March 26, 2021
With the government again focusing on the behavior of the plaintiffs' bar, its scrutiny could signal the emergence of a new prosecutorial priority with which plaintiffs' firms, and the legal profession, will have to contend.
New York Law Journal | Analysis
By Kenneth M. Breen and Phara A. Guberman | March 19, 2021
The John McAfee case and the expected upcoming congressional task force on cryptocurrencies are likely to provide the market with more clarity on how coins and projects will be treated in investigations, including whether they can be treated as securities or commodities and the relative roles of the SEC and CFTC.
New York Law Journal | Analysis
By Sarah Aberg and Chris Bosch | March 15, 2021
A discussion of §6501, "buried in" the the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 which authorizes the SEC to seek disgorgement of unjust enrichment within 10 years for certain securities law violations, and five years for others. The authors argue that while Congress may have intended the provision to "free the SEC from the limits imposed by two High Court decisions, a close reading of it reveals that the legislation fell short of its mark."
New York Law Journal | Analysis
By Kathleen A. Scott | March 12, 2021
The National Defense Authorization Act became law on Jan. 1, 2021, after the U.S. Congress overrode a presidential veto. Division F of the act is the "Anti-Money Laundering Act of 2020." In her International Banking column, Kathleen Scott highlights a few of the AMLA provisions that may be of interest to international banks.
By Philip M. Berkowitz | March 10, 2021
The recently-enacted Anti-Money Laundering Act significantly increases the potential value of awards for whistleblowers under the Bank Secrecy Act. The challenge for a financial services employer is to establish that discipline against an employee in a compliance role is supported by evidence that the decision was based on the employee's incompetence or other inappropriate behavior, and that any whistleblowing activity he or she engaged in was not a consideration. Philip M. Berkowitz explores the issues in this edition of his Employment Issues column.
New York Law Journal | Analysis
By Elkan Abramowitz and Jonathan S. Sack | March 4, 2021
In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack describe two pending federal prosecutions, which level corruption charges against high-level officials in Ohio and Illinois, and consider how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases. They conclude with observations about the outer limits of federal public corruption prosecutions.
New York Law Journal | Analysis
By William F. Johnson | March 3, 2021
In the inaugural enforcement action under its new cybersecurity regulations, the New York DFS announced charges against First American Title Insurance Company in July 2020. Companies governed by the regulations and their counsel have anxiously awaited this case of first impression, and the merits of the enforcement action have been extensively covered by legal commentators. In this edition of his Corporate Crime column, William F. Johnson focuses on a less-heralded but equally important aspect of the enforcement action: how the administrative trial of the First American charges will be conducted.
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