Sunday, February 5, 2012

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BNA INSIGHTS: Is Civil Loss Causation Applicable to Federal Criminal Sentencings?

The Supreme Court’s 2005 decision in Dura Pharmaceuticals, Inc. v. Broudo is the seminal authority on the appropriate measure of loss caused by a defendant’s fraudulent conduct in a civil securities fraud action…

Grand Jury Charges Three Swiss Bankers with Concealing Assets for U.S. Taxpayers

January 26, 2012 in Banking Report · Leave a Comment 

A federal grand jury in New York Jan. 3 indicted three Swiss men working as client advisers to a Swiss bank for helping U.S. taxpayers hide more than $1.2 billion in assets…

SEC, DOJ Announce $95 Million Settlement In Bribery Actions Against Deutsche Telekom, Hungarian Unit

Magyar Telekom, Hungary’s largest telecommunications provider, and majority owner Deutsche Telekom agreed to pay over $95 million to settle charges that they bribed government and political party officials in Macedonia and Montenegro, the Department of Justice and Securities and Exchange Commission announced Dec. 29…

Fed Launches New Phase in Bank Oversight with Tougher Rules for Systemic Institutions

January 5, 2012 in BNA's Banking Report · Leave a Comment 

The Federal Reserve Board Dec. 20 asked for comment by March 31 on a tougher set of regulatory standards for financial firms critical to the well-being of the financial system, leaving some specific items, such as a special risk-based surcharge, to be addressed in follow-up proposals…

ANALYSIS: New U.S. Registration Requirement For Foreign Boards Of Trade

The CFTC recently promulgated rules requiring the registration of FBOTs that provide U.S. members and participants with direct access to the FBOTs’ electronic trading and order matching systems…

BNA Insights: A World of Whistleblowers: What Companies Should Know About Dealing With Third Parties Going Forward

The new United States whistleblower program is global in scope and provides incentives to a broad array of individuals. The new rules incentivize a much wider array of individuals than merely corporate insiders to become watchguards of corporate compliance with federal securities laws…

BNA INSIGHTS: The Consumer Financial Protection Bureau’s Authority to Regulate ‘Abusive’ Consumer Financial Products and Services

December 15, 2011 in Banking Report · Leave a Comment 

The Bureau of Consumer Financial Protection (CFPB) has been given a broad and vaguely-defined power to prohibit and punish “unfair, deceptive, and abusive financial practices.”…

U.S. SEC, DOJ Charge Former Senior Siemens AG Executives Over Alleged Argentine Bribery Scheme

The DoJ and the SEC announced parallel charges under the Foreign Corrupt Practices Act against former senior Siemens AG executives over an alleged decades-long bribery scheme to retain a $1 billion contract to produce national identity cards for Argentine citizens…

BNA INSIGHTS: The ‘Conflict Minerals’ Law Will Impose New Supply Chain Challenges for Companies: Who, What, and When

Even as global supply chains become ever more byzantine, a new US law and proposed implementing rule of the US SEC will add another wrinkle…

BNA INSIGHTS: Volcker Rule Proposal Highlights Regulatory Challenges to Implementation

The Volcker Rule was designed to address a major concern about the investment banking business: that commercial financial institutions not be allowed to engage in proprietary trading by using customers’ deposits to trade on the bank’s own account…

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