Anti-Money Laundering Compliance and Enforcement Task Force

Greenberg Traurig advises financial institutions and other businesses on a wide range of compliance and enforcement matters related to anti-money laundering (AML) laws and regulations, including the U.S. Bank Secrecy Act (BSA) and associated regulations. We help our clients develop and implement risk-based AML compliance programs, address and respond to AML issues that arise in regulatory examinations, and navigate regulatory and criminal investigations and enforcements actions into alleged money laundering violations.

Capabilities:

• BSA/AML Compliance Assistance. We assist clients in ensuring compliance with BSA/AML requirements, including AML program, BSA record-keeping, and reporting requirements; provide guidance on customer due diligence (CDD), customer identification program (CIP), and enhanced due diligence (EDD) requirements; and counsel clients on privacy and data sharing.
• Development and Enhancement of Policies and Procedures. We help clients develop and review existing BSA/AML policies and procedures and update them to conform to the latest regulatory developments and enforcement risks, including the U.S. Anti-Money Laundering Act of 2020.
• AML Program Training. We provide general, functional, and targeted BSA/AML training to employees, compliance staff, management, and directors.
• AML Compliance Procedures for Non-Financial Firms. We advise non-financial institutions on implementation of AML compliance procedures in recognition that firms not covered by the BSA still face litigation and enforcement risks related to money laundering.
• White Collar Matters and Related Civil Litigation. We represent companies and individuals in money laundering and BSA investigations and enforcement proceedings before the Department of Justice (DOJ), federal functional regulators, Consumer Finance Protection Bureau (CFPB), and state agencies. We counsel clients on issues related to parallel civil-criminal and cross-border investigations. We advise and defend financial institutions and others in the wake of financial misconduct by customers or employees, including allegations related to Ponzi schemes, False Claims Act, mortgage fraud, and others, using a cross-disciplinary approach aimed at helping clients manage and mitigate both government enforcement and private civil litigation risk.
• AML & Regulatory Examinations. We assist clients with BSA/AML examinations, advise on how to address BSA/AML deficiencies identified in examinations, and counsel clients on how to respond to regulators in a with the goal of minimizing the potential for an enforcement action.
• Regulatory Enforcement. We provide counsel to domestic and non-U.S. institutions in connection with threatened or actual enforcement proceedings brought by U.S. and non-U.S. government regulators and self-regulatory organizations (SROs), including the Federal Reserve Board (FRB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Financial Crimes Enforcement Network (FinCEN), Financial Industry Regulatory Authority (FINRA), Securities Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), New York Department of Financial Services (DFS), the UK Financial Conduct Authority (FCA), the UK Serious Fraud Office (SFO), and the UK National Crime Agency (NCA).
• Reporting Suspicious Activity. We counsel financial institutions and businesses on the reporting of suspicious activities in sensitive situations where the institution itself may be civilly or criminally liable for prior transactions.
• Forfeiture Counsel And Defense. We represent clients affected by government seizures, freezing orders, and forfeiture actions under anti-money laundering and related laws.
• Transaction Review And Assistance. We assist clients in reviewing and analyzing BSA/AML risks in business acquisitions and negotiate, draft, and prepare AML-related representations, warranties, and covenants in transaction documentation.
• Corporate Transparency Act (CTA) Compliance. We advise companies on compliance with new federal beneficial ownership reporting requirements.