Category: Deferred Prosecution Agreements
U.S. Attorney’s Office for the Southern District of New York Announces First-Ever Criminal Bank Secrecy Act Charges Against a U.S.-Based Broker-Dealer
On December 19, 2018, the United States Attorney for the Southern District of New York announced criminal charges against Central States Capital Markets, LLC (“CSCM”), a Prairie Village, Kansas-based broker-dealer. CSCM was charged with a violation of the Bank Secrecy Act (“BSA”) based on its willful failure to file a suspicious activity report (“SAR”) in connection with the illegal activities of one of its customers. The charge against CSCM represents the first criminal BSA charge ever brought against a United States-based broker-dealer.
The U.S. Attorney’s Office also announced that CSCM had entered into a deferred prosecution agreement under which it agreed to accept responsibility for its conduct, forfeit $400,000, and enhance its BSA / Anti-Money Laundering(“AML”) compliance program. If CSCM complies with the terms of the agreement,the U.S. Attorney’s Office agreed to defer prosecution for a period of two years, after … Read More »
Andrew J. Ceresney, Director of the Division of Enforcement, reaffirmed the SEC’s focus on FCPA enforcement actions at the International Conference on the Foreign Corrupt Practices Act. Mr. Ceresney’s speech focused on companies’ need to self-report violations.
Mr. Ceresney stated that the SEC uses “a carrot and stick approach to encouraging cooperation,” where self-reporting companies can receive reduced charges and deferred prosecution and non-prosecution agreements, while companies that do no self-report do not receive any reduction in penalties. Mr. Ceresney warned that “companies are gambling if they fail to self-report FCPA misconduct.”
Mr. Ceresney gave examples of how this policy has benefited companies recently. Mr. Ceresney highlighted the SEC’s decision not to bring charges against the Harris Corporation after it self-reported violations and mentioned to examples where the SEC entered into non-prosecution agreements as a result of self-reporting.
Mr. Cerseney stated that the … Read More »
In 2010, the SEC implemented a Cooperation Initiative designed to encourage individuals and companies to cooperate with SEC investigations. See SEC Announces Initiative to Encourage Individuals and Companies to Cooperate and Assist in Investigations, SEC Press Release No. 2010-6 (Jan. 13, 2010). Although the Division of Enforcement authorized SEC staff to “use various tools to encourage individuals and companies to report violations and provide assistance to the agency,” including cooperation agreements, deferred prosecution agreements (“DPA”), and non-prosecution agreements (“NPA”), the staff has made limited use of the cooperation tools with individuals.
In fact, in April, the SEC announced its first NPA with an individual in connection with an insider trading case involving GSI Commerce Inc.’s (“GSIC”) merger with eBay. See SEC v. Saridakis,Civil Action No. 14-2397 (E.D. Pa.). According to the SEC, prior to GSIC’s public announcement of its merger with … Read More »