The Department of Justice, the Department of the Treasury, the Financial Crimes Enforcement Network (FinCEN), the Internal Revenue Service (IRS), the New York State Department of Financial Services (DFS), and their counterparts around the globe continue to ramp up efforts to require transparency regarding cross-border financial transactions and entities. Recently-enacted customer due diligence and beneficial ownership rules require compliance with increasingly complex anti-money laundering (AML) and Counter Terrorist Financing (CTF) regimes. As a result, financial and non-financial institutions must regularly update and enhance their compliance programs or potentially face investigations, fines, forfeitures, and even licenses to do business.
Cadwalader’s White Collar Defense and Investigations attorneys are recognized as national experts in U.S. and foreign AML/CTF and asset forfeiture laws and regulations, including the USA PATRIOT Act, the Bank Secrecy Act (BSA), the Money Laundering Control Act, and the UK Proceeds of Crime Act. They are also experts in the Department of the Treasury regulations that impose compliance, reporting, and due diligence obligations on the vast array of businesses that are subject to the AML laws, including banks, broker-dealers, commodities traders, investment companies, onshore and offshore mutual and hedge funds, insurance companies, real estate agents and gatekeepers.
The group regularly advises financial institutions and corporate clients on AML matters, and the interplay of those with sanctions, anti-terrorism efforts, and anti-corruption policies. Attorneys in the group have defended financial institutions in AML enforcement actions conducted by federal and state banking authorities, advised and assisted these institutions in establishing AML compliance programs, and conducted risk assessments pursuant to examinations by, and settlements with, banking regulators. They have also conducted wide-ranging investigations of offshore banking, personal investment companies, and trust operations in a number of jurisdictions around the globe.