Top Story Compliance Related

The Treasury Department has reported actions taken by OFAC in a coordinated international effort to disrupt Russian cybercrime services. FinCEN has issued a notice on Imposition of Special Measure Prohibiting the Transmittal of Funds Involving PM2BTC that identifies a Russian virtual currency exchanger associated with Russian individual Sergey Sergeevich Ivanov—as being of “primary money laundering concern” in connection with Russian illicit finance. Concurrently, the Office of Foreign Assets Control (OFAC) is sanctioning Ivanov and Cryptex—a virtual currency exchange registered in St. Vincent and the Grenadines and operating in Russia. The FinCEN and OFAC actions are being issued in conjunction with actions by other U.S. government agencies and international law enforcement partners to hold accountable Ivanov and the associated virtual currency services. FinCEN's notice will be effective when published in the Federal Register

According to Treasury, the U.S. Secret Service’s Cyber Investigative Section, the Netherlands Police, and the Dutch Fiscal Intelligence and Investigation Service (FIOD) have seized web domains and/or infrastructure associated with PM2BTC, UAPS, and Cryptex. The U.S. Department of State has issued a reward offer up to $10 million through its Transnational Organized Crime Rewards Program for information leading to the arrest and/or conviction of Ivanov. Lastly, the U.S. Secret Service and the U.S. Attorney’s Office for the Eastern District of Virginia are unsealing an indictment of Ivanov and another Russian national, Timur Shakhmametov. These actions by U.S. and Dutch agencies were taken in partnership with Operation Endgame, a multinational coordinated cyber operation with European partners, to dismantle financial enablers of transnational organized cybercrime.

For identification information on Ivanov and Cryptex, see BankersOnline’s September 26, 2024, OFAC Update.

FinCEN has announced it has published a notice in the Federal Register today at 89 FR 79184 withdrawing its finding that ABLV Bank, AS is a financial institution of primary money laundering concern, as well as the related notice of proposed rulemaking seeking to impose special measure five pursuant to section 311 of the USA PATRIOT Act.

On February 16, 2018, FinCEN issued an NPRM that set forth FinCEN’s findings of money laundering concern regarding ABLV, a commercial bank located in Riga, Latvia, and proposed imposing special measure five under section 311, prohibiting covered financial institutions from opening or maintaining in the United States correspondent accounts for, or on behalf of, ABLV.

According to FinCEN, material subsequent developments since the issuance of the NPRM have mitigated the money laundering risks associated with ABLV. Shortly after the issuance of the NPRM, the European Central Bank (ECB) determined that ABLV—as well as its subsidiary, ABLV Bank Luxembourg—was failing or likely to fail. The ECB subsequently withdrew ABLV’s banking license, and the Luxembourg subsidiary was ordered dissolved. Thus, ABLV no longer operates as a depository institution. The bank is in the advanced stage of an irrevocable liquidation process supervised by the Government of Latvia, which ensures anti-money laundering/countering terrorist financing compliance. Furthermore, Latvian authorities have undertaken significant efforts to identify and address past illicit activity facilitated by the bank, resulting in criminal charges against owners of the bank and its senior managers. As a result, FinCEN has determined that ABLV is no longer a financial institution of primary money laundering concern.

The Securities and Exchange Commission yesterday reported settled charges against 23 entities and individuals for failures to timely report information about their holdings and transactions in public company stock. Two public companies were also charged for contributing to filing failures by their officers and directors and failing to report their insiders’ filing delinquencies as required.

The charges announced yesterday stem from SEC enforcement initiatives focused on Schedules 13D and 13G reports and Forms 3, 4, and 5 that certain corporate insiders are required to file. Schedules 13D and 13G provide information about the holdings and intentions of investors who beneficially own more than five percent of any registered voting class of public company stock. Forms 3, 4, and 5 are reports used to provide information about public company stock transactions by corporate officers, directors, or certain investors who beneficially own more than 10 percent of the stock.

Without admitting or denying the findings, all of the entities and individuals agreed to cease and desist from committing and causing violations of the respective charged provisions and to pay civil penalties.

The Treasury Department yesterday issued two announcements of OFAC sanctions activity.

OFAC has sanctioned two Haitian individuals: a former member of Haiti’s parliament, Prophane Victor, for his role in forming, supporting, and arming gangs and their members that have committed serious human rights abuse in Haiti; and Luckson Elan, the current leader of the Gran Grif gang, for his involvement in serious human rights abuse related to gang activity in Haiti’s Artibonite department.

OFAC has also sanctioned one individual and more than a dozen entities and vessels for their involvement in the shipment of Iranian crude oil and liquid petroleum gas to Syria and East Asia on behalf of the Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) and Hizballah.

For the names and identification information of the designated individuals, entities and vessels involved in the two OFAC actions, see yesterday’s BankersOnline OFAC Update.

The Federal Housing Finance Agency has announced it has revised the Agency's proposal to amend the Suspended Counterparty Program (SCP). The SCP regulation requires a regulated entity to report to FHFA if an individual or institution that it does business with has committed certain types of misconduct within the prior three years. It also authorizes FHFA to order its regulated entities to cease doing business or refrain from entering into new business with certain counterparties. Final suspension orders are published on FHFA’s website.

FHFA is publishing this re-proposal after considering issues that commenters had raised about the original proposed rule, issued in July 2023. This includes distinguishing between misconduct that poses material risk to the safety and soundness of the regulated entities from behavior with de minimis impact.

Specifically, the re-proposal would:

• Authorize the suspension of business between a regulated entity and a counterparty whose misconduct resulted in a federal prohibition order or a civil money penalty above a specific threshold; and
• Authorize the suspension of business between a regulated entity and a counterparty that has committed criminal or civil misconduct related to the management or ownership of real property.

Comments on the re-proposed rule will be accepted for 60 days following its publication in the Federal Register.

Publication and comment period update: Published 10/1/2024 at 89 FR 79785 in the Federal Register, with a comment period of 62 days, ending 12/02/2024

The Federal Trade Commission has announced action it is taking against Invitation Homes, the largest landlord of single-family homes in the U.S., for an array of unlawful actions against consumers, including deceiving renters about lease costs, charging undisclosed junk fees, failing to inspect homes before residents moved in, and unfairly withholding tenants’ security deposits when they moved out.

The FTC reports that Invitation Homes has agreed to a proposed settlement order that would require the company to turn over $48 million to be used to refund consumers harmed by its actions. The corporate landlord will also be required to clearly disclose its leasing prices, establish policies and procedures to handle security deposit refunds fairly, and stop other unlawful behavior.

The CFPB has released its Office of Servicemembers Affairs’ annual report, which covers the top financial concerns facing servicemembers, veterans, and military families, based on the complaints they submitted to the CFPB. Servicemembers told the CFPB about issues they were having when trying to contact or get help from their federal student loan servicer. The report also highlights other areas of concern in student lending such as transcript withholding and fraud and scams.

Yesterday, the Treasury Department reported that OFAC sanctioned five Colombian nationals and two Mexico-based businesses under authority of Executive Order 14059, “Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade.” The Colombian individuals sanctioned are leaders within Colombia’s Clan del Golfo—also known as Los Urabeños—which is one of the country’s largest drug trafficking organizations and a key contributor to human smuggling through the Darién Gap.

The companies sanctioned yesterday are located in Mexico and owned by designated Sinaloa Cartel fentanyl traffickers. One of the most notorious and pervasive drug trafficking organizations in the world, the Sinaloa Cartel is responsible for a significant portion of the illicit fentanyl and other deadly drugs trafficked into the United States.

For the names and identification information of the designated individuals and entities, see yesterday's BankersOnline OFAC Update.

The Department of Housing and Urban Development has announced it has charged Tallahassee, Florida, housing providers Greenbriar Partners, LLC, Jackson Properties and Financial Services, LLC, and Erwin D. Jackson (the “Respondents”) with violating the Fair Housing Act by failing to grant a tenant with a disability a reasonable accommodation to allow the tenant to live with an emotional support animal.

HUD’s Charge of Discrimination alleges that the Respondents failed to grant the Complainant’s requested reasonable accommodation for an assistance animal. That denial led to economic loss, lost housing opportunity, and emotional distress. The Charge of Discrimination also alleges that the Respondents violated the Act when they threatened the Complainant with an eviction because of her reasonable accommodation request.

HUD's Charge will be heard by a United States Administrative Law Judge unless any party to the Charge elects to have the case heard in federal district court.

FinCEN has announced it will hold a virtual information session on beneficial ownership information reporting requirements and how to comply with the Corporate Transparency Act on its YouTube channel at 2 p.m. EDT tomorrow, September 25, 2024.