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Money Laundering Watch: 2020 Year in Review

By Peter D. Hardy, Izabella Babchinetskaya, Andrew N. D'Aversa, Brad Gershel, Terence M. Grugan, Diana M. Joskowicz, Alexa L. Levy, Beth Moskow-Schnoll, Marjorie J. Peerce, Shauna Pierson & Mary K. Treanor on January 3, 2021
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Farewell to 2020.  Although it was an extremely difficult year, let’s still look back — because 2020 was yet another busy year in the world of money laundering and BSA/AML compliance.

We are highlighting 12 of our most-read blog posts from 2020, which address many of the key issues we’ve examined during the past year — financial institution scandals; fraud relating to the COVID-19 pandemic and the Paycheck Protection Program; beneficial ownership and shell companies; BSA/AML reform; cryptocurrency; cannabis; money laundering prosecutions; the use of art, real estate and other high-end assets to launder illicit proceeds; the role of professionals in money laundering schemes; civil lawsuits arising from alleged AML failures; and broad policy and social questions implicated by AML concerns, including human trafficking and the illegal wildlife trade.

  • ABA Issues Formal Opinion on Lawyers as “Gatekeepers” for Client Criminality
  • Council of the European Union Unveils Ambitious New AML Action Plan
  • Danske Bank Gets a (Rare) Break: New York Investor Lawsuit Dismissed for Failure to Sufficiently Allege Misrepresentations or Scienter
  • Federal Banking Agencies Issue Joint Statement On Enforcement of BSA/AML Requirements; FinCEN Follows With Its Own
  • FinCEN Issues Advisory on Human Trafficking
  • Money Laundering and the Illegal Wildlife Trade
  • PPP Lenders and Fraudulent Borrowers: False Claims Act Liability and AML Risk
  • The State of Cannabis Affairs: New Legislation and a Regulatory Recap
  • Treasury Report Targets Money Laundering Risks in Real Estate and Gatekeeper Professions
  • Two Chinese Nationals Charged with Money Laundering Over $100 Million in Cryptocurrency for North Korea
  • Using Art to Evade Sanctions and Launder Money: The Senate Report
  • Wirecard: A Scandal

We move on to 2021, which hopefully will be a better year for many.  2021 certainly will be an important and interesting year for BSA/AML and money laundering issues, particularly given the passage on New Year’s Day, over a Presidential veto, of massive and historic legislative change to the Bank Secrecy Act.  The true consequences of this legislation will unfold over time, but it inevitably will impact significantly financial institutions, compliance departments, executives, professionals, regulators and law enforcement for many years.  We look forward to keeping you informed throughout 2021 on these and other developments.

We also want to thank our many readers around the world who continue to make this blog such a success. The feedback we receive from financial industry professionals, compliance officers, in-house and external lawyers, BSA/AML consultants, government personnel, journalists, and others interested in this field is invaluable, and we hope you will continue to share your perspectives with us.  We pride ourselves on providing in-depth discussions of the important developments in this ever-evolving area.

We also would like to thank the other platforms that host our blog: Money Laundering Bulletin, Digital Currency & Ledger Defense Coalition, and Federal Tax Crimes.

If you would like to subscribe to Money Laundering Watch, please click here. To learn more about Ballard Spahr’s Anti-Money Laundering Team, please click here.

Peter D. Hardy

hardyp@ballardspahr.com | 215.864.8838 | view full bio

Peter is a national thought leader on money laundering, tax fraud, and other financial crime. He is the author of Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation, a comprehensive legal treatise published by Bloomberg…

hardyp@ballardspahr.com | 215.864.8838 | view full bio

Peter is a national thought leader on money laundering, tax fraud, and other financial crime. He is the author of Criminal Tax, Money Laundering, and Bank Secrecy Act Litigation, a comprehensive legal treatise published by Bloomberg BNA.  Peter co-chairs the Practising Law Institute’s Anti-Money Laundering program, and serves on the Steering Committee for the Cambridge Forum on Sanctions & AML Compliance

He advises corporations and individuals from many industries against allegations of misconduct ranging from money laundering, tax fraud, mortgage fraud and lending law violations, securities fraud, and public corruption.  He also advises on compliance with the Bank Secrecy Act and Anti-Money Laundering requirements.  Peter handles complex litigation involving allegations of fraud or other misconduct.

Peter spent more than a decade as a federal prosecutor before entering private practice, serving as an Assistant U.S. Attorney in Philadelphia working on financial crime cases. He was a trial attorney for the Criminal Section of the Department of Justice’s Tax Division in Washington, D.C.

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Izabella Babchinetskaya

Babchinetskayai@ballardspahr.com | 215.864.8315 | view full bio

Izabella represents clients, including financial institutions, in complex civil litigation, including cases involving allegations of fraud and claims turning on alleged violations of the BSA. Prior to joining Ballard Spahr, Izabella volunteered with the Environmental Crimes…

Babchinetskayai@ballardspahr.com | 215.864.8315 | view full bio

Izabella represents clients, including financial institutions, in complex civil litigation, including cases involving allegations of fraud and claims turning on alleged violations of the BSA. Prior to joining Ballard Spahr, Izabella volunteered with the Environmental Crimes Section of the Department of Justice and interned with the Honorable Joel H. Slomsky of the U.S. District Court for the Eastern District of Pennsylvania.

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Andrew N. D'Aversa

daversaa@ballardspahr.com | 215.864.8113 | view full bio

Andrew focuses his practice in matters involving white collar defense/internal investigations and complex civil litigation.  His work includes cases involving allegations of money laundering and fraud schemes committed through financial institutions.  His work in the BSA/AML…

daversaa@ballardspahr.com | 215.864.8113 | view full bio

Andrew focuses his practice in matters involving white collar defense/internal investigations and complex civil litigation.  His work includes cases involving allegations of money laundering and fraud schemes committed through financial institutions.  His work in the BSA/AML sphere also extends to advising clients on state money services statutes and regulations relating to virtual currency and related products.  Andrew has served as a judicial law clerk to the Honorable Noah L. Hillman of the U.S. District Court for the District of New jersey, and to the Honorable Anthony J. Sirica for the U.S. Court of Appeals of the Third Circuit.

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Brad Gershel

gershelb@ballardspahr.com | 646.346.8034 | view full bio

Brad focuses his practice on representing individuals and companies in white-collar criminal and civil matters, including government inquiries and internal investigations. Brad has significant experience in a wide range of enforcement, criminal and regulatory matters, including…

gershelb@ballardspahr.com | 646.346.8034 | view full bio

Brad focuses his practice on representing individuals and companies in white-collar criminal and civil matters, including government inquiries and internal investigations. Brad has significant experience in a wide range of enforcement, criminal and regulatory matters, including those relating to fraud, foreign bribery, and public corruption. His experience spans multiple state and federal law enforcement agencies, including the DOJ, FINRA, SEC, and New York County District Attorney’s Office. Additionally, he has represented clients in criminal and regulatory investigations for alleged violations of the False Claims Act and the Foreign Corrupt Practices Act.

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Terence M. Grugan

grugant@ballardspahr.com | 215.864.8320 | view full bio

Terence’s practice focuses on representing clients involved in criminal, regulatory, and administrative investigations and litigation, and in civil litigation matters involving the federal securities laws and other allegations of fraudulent business practices. He represents…

grugant@ballardspahr.com | 215.864.8320 | view full bio

Terence’s practice focuses on representing clients involved in criminal, regulatory, and administrative investigations and litigation, and in civil litigation matters involving the federal securities laws and other allegations of fraudulent business practices. He represents financial institution clients in matters implicating their practices under the BSA and related AML laws, including compliance program advice, internal investigations, regulatory examinations, and related civil litigation.

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Diana M. Joskowicz

joskowiczd@ballardspahr.com |  215.864.8311 | view full bio

Diana focuses her practice on complex commercial litigation, including the defense of financial institutions accused of having enabled alleged fraud schemes perpetrated by former customers against investors, consumers, and others.  When litigating these cases, Diana assists…

joskowiczd@ballardspahr.com |  215.864.8311 | view full bio

Diana focuses her practice on complex commercial litigation, including the defense of financial institutions accused of having enabled alleged fraud schemes perpetrated by former customers against investors, consumers, and others.  When litigating these cases, Diana assists in internal investigations and counsels clients on AML and BSA matters, including complicated issues relating to discovery and expert testimony.

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Alexa L. Levy

levya@ballardspahr.com | 215.864.9278 | view full bio

Alexa focuses her practice on white collar defense and consumer financial services, including the defense of financial institutions accused of having enabled alleged fraud schemes perpetrated by former customers against investors, consumers, and others. Alexa has…

levya@ballardspahr.com | 215.864.9278 | view full bio

Alexa focuses her practice on white collar defense and consumer financial services, including the defense of financial institutions accused of having enabled alleged fraud schemes perpetrated by former customers against investors, consumers, and others. Alexa has published on the topic of crimes against humanity and genocide.

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Beth Moskow-Schnoll

moskowb@ballardspahr.com | 302.252.4447 | view full bio

Beth is the Managing Partner of the firm’s Delaware office. She is a litigator focused on white collar crime, regulatory enforcement and compliance, and complex civil litigation, with an emphasis on banking and other financial services…

moskowb@ballardspahr.com | 302.252.4447 | view full bio

Beth is the Managing Partner of the firm’s Delaware office. She is a litigator focused on white collar crime, regulatory enforcement and compliance, and complex civil litigation, with an emphasis on banking and other financial services litigation. She represents major financial institutions, bringing actions against fraudulent debt relief companies, and defending against consumer financial services lawsuits.

Before joining Ballard Spahr, Beth was a federal prosecutor with the U.S. Attorney’s Office for the District of Delaware for more than a decade. She investigated and prosecuted financial fraud, including money laundering, bank and credit card fraud, asset forfeiture, and tax offenses.  She also led the SAR review team for the District of Delaware.

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Marjorie J. Peerce

peercem@ballardspahr.com | 646.346.8039 | view full bio

Margie is a litigator who, in her more than 30 years of practice, has handled matters across the criminal and regulatory spectrum including white collar criminal defense, regulatory matters, and complex civil litigation. Her work includes…

peercem@ballardspahr.com | 646.346.8039 | view full bio

Margie is a litigator who, in her more than 30 years of practice, has handled matters across the criminal and regulatory spectrum including white collar criminal defense, regulatory matters, and complex civil litigation. Her work includes cases arising from alleged violations of the Internal Revenue Code, the FCPA, the BSA, and a broad range of fraud investigations.

She represents numerous individuals in several AML/BSA investigations by the U.S. Department of Justice and has represented a financial institution in a matter implicating BSA issues. She has handled matters involving Suspicious Activity Reports and Currency Transaction Reports and structuring-related offenses and she has represented individuals accused of money laundering offenses. Margie has also handled a significant number of matters with the SEC, FINRA, and the CFTC.

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Shauna Pierson

piersons@ballardspahr.com | 215.864.8243 | view full bio

Shauna advises financial institution clients on BSA/AML regulatory compliance. She also maintains an active emerging growth practice, which includes counseling start-up companies in the cannabis, hemp and CBD sectors. During law school, Shauna served an internship…

piersons@ballardspahr.com | 215.864.8243 | view full bio

Shauna advises financial institution clients on BSA/AML regulatory compliance. She also maintains an active emerging growth practice, which includes counseling start-up companies in the cannabis, hemp and CBD sectors. During law school, Shauna served an internship with the Youth Sentencing and Reentry Project, where she assisted juvenile offenders previously sentenced to life incarceration with reentry planning as they prepared to return to their communities.  Shauna was seconded to a major international bank where she advises the Board of Directors on corporate governance issues.

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Mary K. Treanor

treanorm@ballardspahr.com | 215.864.8131 | view full bio

Mary focuses her practice on white collar matters and complex commercial litigation. She advises clients on BSA and AML matters, including government and internal investigations. She also counsels financial institutions on SAR filings and confidentiality requirements.

treanorm@ballardspahr.com | 215.864.8131 | view full bio

Mary focuses her practice on white collar matters and complex commercial litigation. She advises clients on BSA and AML matters, including government and internal investigations. She also counsels financial institutions on SAR filings and confidentiality requirements. Prior to joining Ballard Spahr, Mary worked for a Washington, D.C. law firm, representing clients in market manipulation and failure to supervise enforcement actions brought by the CFTC and FERC. She also advised financial institutions on compliance with the Dodd-Frank Act and corresponding agency regulations.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Money Laundering Watch
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

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