Category Archives: Enforcement

NFTs: A New Mechanism for Money Laundering… Uh Oh!

On February 4, 2022, the United States Treasury Department released a report that indicated non-fungible tokens (“NFTs”), currently, one of the trendiest cryptocurrency structures, may become a new avenue for money launderers and other nefarious ne’er do wells.  Those interested in offering NFTs to the public may, ultimately, be required to inquire as to the purchasers of their NFTs.  However, in the meantime and in consultation with securities counsel, it may not be a bad idea to start knowing who your customer is now.

Read more here.

SEC Charges Advisor and Dual-Hatted CCO Over Inadequate Disclosures About Fee Mark-Ups; Form CRS Violations Continue; Compliance Professional Development and Leadership Inspiration; Lessons Learned and Worth Reading for December 2021

Lessons Learned 

Worth Reading, Watching, and Hearing

SEC Withdraws No-Action Letters Related to Marketing Rule; Risk Alert Highlights Findings from Investment Company Examinations;

December Regulatory Updates from Cari Hopsfenperger at Foreside.

Topics include:

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A Goldfish is the Happiest Animal, A Securities Respondent is Not: Ted Lasso, SEC, FINRA, and DOL Enforcement Actions (October 2021)

From Brian Rubin and Ariana Cheng in this month’s column for NSCP Currents:

During the pandemic, we have had a lot of lows, as well as a few highs. And that’s just in pop culture. For example, who could forget the Tiger King? And the Queen’s Gambit?  We’ve had heroes and villains and everything in between. And we’ve had a streaming show starring a knight in shining armor – well, a big mustache, an even bigger heart, and strong Southern accent – providing us with heroes, rules to live by, homespun humor and rules subject to interpretation (see, e.g., “offsides”). No, we’re not talking about securities enforcement and compliance.  We’re talking about Ted Lasso, the irrepressible former football coach of the Wichita (Kansas) State Shockers, who ends up coaching the other futbol (a/k/a soccer) for AFC Richmond in England’s Premier League.

Not surprisingly, to anyone who has read our prior compliance and enforcement columns, this month’s NSCP Currents article is inspired by the ever positive, glass-always-half-full Ted Lasso to provide lessons for securities professionals, as well as lessons for the rest of use on how to live better lives. Or, as Ted would say (and, in fact, did say), “the harder you work, the luckier you get.”

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DOL Delays Enforcement of Fiduciary Obligations on Rollover Advice; NASAA 2020 Enforcement Trends; FINRA Encourages AML Program Reviews

November Regulatory Updates from Cari Hopsfenperger at Foreside.

Topics include:

Read more here.