Swiss Bank Julius Baer Agrees to Pay $79M Settlement for Role In FIFA Corruption Scandal

“A Swiss bank implicated in FIFA corruption investigations said Monday it has agreed to a settlement in principle with the US Department of Justice and set aside $79.7 million to pay expected fines,” reports The Associated Press in First Posts’ Sports.

“Zurich-based Julius Baer said the agreement sees the bank ‘entering into a three-year deferred prosecution agreement’ and financial settlement to be charged against its accounts for 2020.”

The bank has cooperated with American authorities since 2015, when a sprawling investigation of corruption in international football was unsealed.”

“In 2017, a former banker with Julius Baer pleaded guilty in federal court in New York for his part in managing accounts that laundered bribes for South American football officials. They included Julio Grondona, who was FIFA’s former senior vice president and finance committee chairman when he died in 2014.”

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Coral Gables Attorney Accused of Multiple Bank Robberies

“A South Florida lawyer has been arrested for his involvement in at least five robberies or attempted robberies of local banks, FBI officials said Wednesday,” was reported in NBC South Florida’s Miami Dade County.

“Aaron Honaker, 41, was arrested Tuesday night as he was attempting to enter a bank in Coral Gables, officials said.

“According to allegations in the complaint affidavit, Honaker would follow a consistent approach during his robbery attempts and succeeded twice: Honaker would walk up to a teller and ask for assistance in making a withdrawal. He would then pass a handwritten note to the teller that would say messages like, ‘don’t touch the alarm or call the police,’ ’empty all of your $50s and $100s and put it in an envelope,’ and ‘keep calm, and give me all the money in the drawer, I have a gun.’ Honaker would take his note with him on the way out of the bank.

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Attorney Prominent in the Crowdfunding Sector is Target of SEC Enforcement Action

“The Securities and Exchange Commission (SEC) issued a litigation release today alleging charges of microcap fraud that involved an attorney prominent in the US crowdfunding sector,” reports JD Alois in Crowdfund Insider.

“According to the SEC complaint, Jillian Sidoti, affiliated with the law firm known as CrowdfundingLawyers.net, facilitated alleged fraudulent dumping of securities of penny stock company Blake Insomnia Therapeutics.”

“According to the SEC complaint, as an attorney for Blake, Sidoti apparently drafted and signed documents that contained materially false information regarding the operations and control of Blake, including a private placement memorandum and registration statements filed with the Commission.”

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DOJ Reached $46M Settlement with 5Dimes for Illegal Sports Betting

“5Dimes and the U.S. Department of Justice reached a $46.8 million settlement of an investigation into illegal US sports betting operations, as well as money laundering and wire fraud,” reports Matthew Waters in Legal Sports Report.

“The company announced an intent to enter the US sports betting market following the deal, although state regulators likely will balk at the long list of criminal activity detailed in the settlement.”

“5D Holdings and owner Laura Varela will forfeit the illegally obtained gambling proceeds as part of a settlement with the US Attorney’s Office Eastern District of Pennsylvania into the criminal investigation of 5Dimes’ offshore operations in Costa Rica.”

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JPMorgan to Pay a Record $1B to Settle Market-Manipulation Charges

“JPMorgan is set to pay nearly $1 billion to settle with US authorities investigating whether the bank manipulated the metals and Treasury markets, Bloomberg reported on Wednesday,” writes Ben Winck in Business Insider’s Markets.

“The sum would set a record for spoofing-related settlements and could be announced as soon as this week, sources familiar with the matter told Bloomberg. The payment would be in line with other market-manipulation sanctions but surpass previous spoofing fines.”

“The payment would resolve investigations by the Justice Department, the Commodity Futures Trading Commission, and the Securities and Exchange Commission, according to the report. The agencies have been looking into whether traders on JPMorgan’s metals-futures and Treasury desks interfered with the respective markets.”

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UBS Agrees To Pay $10M To Settle Bonds Sale Violation Charges With SEC

“A unit of UBS Group AG is paying $10 million to settle charges with the United States Securities and Exchange Commission that it broke rules concerning giving priority to small investors in the purchase of municipal bonds,” reports Shivdeep Dhaliwal in Benzinga.

“The SEC said Monday it found that UBS Financial Services Inc. allocated municipal bonds meant for retail investors to so-called ‘flippers,’ who then immediately resold the bonds to other broker-dealers for gain between 2012 to 2016.”

“This practice allowed the Swiss bank to obtain bonds for its own inventory in an improper way that violated rules concerning the priority of orders.”

“The federal agency has imposed a $1.7 million penalty, $6.74 million in disgorgement of ill-gotten gains, and $1.5 million in prejudgement interest along with a censure on UBS.”

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Deutsche Bank Agrees to $150 Million Settlement for Jeffrey Epstein Lapses

“Deutsche Bank AG agreed Tuesday to pay a $150 million penalty to settle ‘significant compliance failures’ in its dealings with convicted sex offender and financier Jeffrey Epstein,” reports VOA News.

“The New York State Department of Financial Services said the bank did not properly monitor Epstein’s transactions, despite widespread public knowledge about his sexual misconduct.”

“It said Deutsche Bank’s failure led to its processing of hundreds of Epstein’s transactions that should have been more closely scrutinized, including payments to victims and law firms representing him and his accomplices.”

“The state regulator said Deutsche Bank also failed in its relationships with Danske Bank Estonia and FBME Bank by not properly monitoring their correspondent and clearing operations.”

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Tezos Likely Avoiding SEC Action With $25M Class-Action Lawsuit Settlement

“The Tezos (XTZ) class-action lawsuit from law firm Block & Leviton will likely conclude in a $25-million settlement on August 27. Tezos, like many initial coin offerings (ICO) from 2017, has come under scrutiny from both investors and regulators alike alleging that its token sale constituted an illegal offering of securities,” reports Osato Avan-Nomayo in Coin Telegraph.

“Indeed, the U.S. Securities and Exchange Commission (SEC) has come down hard on numerous 2017-era ICOs demanding penalties for securities violation. Even distributions to non-U.S. citizens have also come under the SEC’s radar, as was the case with Telegram.”

“The SEC has consistently maintained that most ICOs are indeed unlicensed securities offerings despite pushback from stakeholders in the country to exempt a wider range of tokens from securities regulation. With more jurisdictions paying greater attention to crypto-based fundraising, the ICO model appears to be a thing of the past with more focus on regulated token sales.”

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Wirecard’s Former CEO Arrested in the Case of the Missing Billions

“Wirecard AG’s former chief executive officer was detained by Munich prosecutors after 1.9 billion euros ($2.1 billion) went missing from the digital-payment company, in a scandal that has rattled Germany’s financial industry,” report Karin Matussek, Sarah Syed and Bloomberg in Fortune’s International.

“Markus Braun, who resigned last week, turned himself in Monday evening in Munich as part of a probe into the company’s accounting practices, prosecutors said in an e-mailed statement. A judge will review whether he can be kept in custody Tuesday afternoon.”

“The company is fighting for survival after acknowledging the missing funds probably don’t exist. The payment processor said it’s in discussions with creditors and is considering a full-scale restructuring after pulling its financial results for fiscal 2019 and the first quarter of 2020.”

“In less than a week, the fintech company once hyped as the future of German finance has lost most of its market value.”

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Lloyds Bank Fined $81 Million for Overcharging Mortgage Customers

“Britain’s biggest domestic bank Lloyds has been fined 64 million pounds ($81.2 million) by the Financial Conduct Authority for mistreating hundreds of thousands of mortgage customers in financial difficulties,” reports in Reuters’ Business News.

“Lloyds and its Bank of Scotland and The Mortgage Business units were also in the process of paying around 300 million pounds in redress to 526,000 customers, the FCA said in a statement on Thursday.”

“The fine is the largest imposed by the watchdog for mortgage-related failures, and would have been 91.5 million pounds had Lloyds not agreed to accept the watchdog’s findings early on.”

“The hefty penalty comes at a sensitive time for Lloyds, which along with rival banks has millions of customers struggling to make ends meet in the coronavirus pandemic, with many taking repayment holidays on mortgages.”

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Goldman Sachs Is Said to Try to Avoid Pleading Guilty in 1MDB Scandal

“The bank has asked the U.S. to review demands that any settlement include a guilty plea to a felony charge, according to people briefed on the matter,” reports Matthew Goldstein in The New York Times Business.

“Lawyers for the bank have asked Deputy Attorney General Jeffrey Rosen to review demands by some federal prosecutors that Goldman pay more than $2 billion in fines and plead guilty to a felony charge…”

“The bank has sought to pay a lower fine and avoid a guilty plea, according to the people, who spoke on condition of anonymity because the talks are continuing.”

“Authorities in the United States and Malaysia say more than $2.7 billion was diverted from the fund, known as 1MDB, in a scheme that involved the flamboyant financier Jho Low, the country’s former prime minister, and other powerful people. The fund was meant to finance projects for the benefit of the people of Malaysia, but some of the cash went to buy luxury apartments, yachts, paintings and even finance the movie ‘The Wolf of Wall Street.'”

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J.P. Morgan Chase Agrees to $9 Million Settlement in 401(K) Suit

“J.P. Morgan Chase agreed to pay $9 million to settle allegations by current and former participants in the company’s 401(k) plan that fiduciaries violated their ERISA duties by retaining expensive investment options and failing to look for cheaper and better-performing replacements,” reports Robert Steyer in Pensions & Investments Courts.

“Terms of the preliminary settlement, which still requires court approval, were filed May 22 in U.S. District Court in New York. The parties had announced in early April that they had reached a tentative agreement in the case of Beach et al. vs. J.P. Morgan Chase Bank et al.”

“J.P. Morgan and its affiliated defendants declared there was no wrongdoing, according to the settlement document.”

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Santander Consumer Reaches $550M Settlement With State AGs

“Santander Consumer USA will pay $65 million to states and forgive hundreds of millions more in consumer debt as part of a settlement with a group of attorneys general over practices in its subprime auto lending business,” reports Laura Alix in American Banker.

“The attorneys general, representing 33 states and the District of Columbia, said the Dallas-based lender had exposed borrowers to unnecessarily risky loans with a high chance of default. In addition to paying $65 million in restitution, Santander Consumer has also agreed to forgive nearly $500 million in car loan debt to borrower nationwide.”

“Santander defrauded desperate consumers by placing them into auto loans the company knew these customers could never afford to pay, resulting in defaults and negative ratings on consumers’ credit reports.”

“The agreement announced Tuesday caps an investigation the attorneys general launched early in 2015 into the U.S. consumer lending unit of the Spanish banking giant Banco Santander. The coalition said its investigation revealed Santander Consumer knew that certain groups of consumers had a high risk of default, but still steered them into loans with high loan-to-value ratios, significant backend fees and high payment-to-income ratios.”

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Big Banks Accused of Favoring More Lucrative Small Business Loans in Coronavirus Program

“Four of America’s biggest banks have been accused of harming thousands of coronavirus-hit small businesses by unfairly prioritizing emergency loan requests from large customers to earn fatter fees,” reports Matt Egan in CNN Business.

“BAC, Wells Fargo, JPMorgan Chase and US Bank were sued Sunday for allegedly failing to process forgivable loans in the $349 billion Paycheck Protection Program (PPP) on a first-come first-served basis.”

“Each bank ‘concealed from the public that it was reshuffling the PPP applications it received and prioritizing the applications that would make the bank the most money,’ each of the four lawsuits said.”

“As a result of this ‘dishonest and deplorable behavior,’ the lawsuit said thousands of small businesses ‘were left with nothing’ when PPP ran out of money earlier this month.”

“The legal action was brought by a range of California small businesses, including a frozen yogurt shop, law firms, an auto repair company and a cybersecurity firm.”

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Equifax To Pay Mass. $18.2 Million In Settlement, AG Healey Announces

“Equifax will pay Massachusetts $18.2 million and change its security practices as part of a settlement between the credit reporting agency and the state stemming from a major 2017 data breach, Attorney General Maura Healey announced Friday,” reports Chris Lisinski in WBUR’s Bostonomix.

“Healey sued Equifax shortly after the company’s alleged missteps exposed personal data, including Social Security numbers and driver’s license numbers, of 147 million Americans and 3 million Massachusetts residents. The attorney general said the company also failed to notify consumers in a timely manner once the breach occurred.”

“Her office reached its own settlement with Equifax about nine months after declining to join other states in July 2019 agreements, which the attorney general told reporters allowed Massachusetts to secure a larger payment and more strict conditions on the company.”

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Wells Fargo’s Top Lawyer Turned CEO Made $9.6 Million in 2019

“Former Wells Fargo & Co. general counsel C. Allen Parker Jr. took home outsized pay of more than $9.6 million last year thanks to his elevation to interim CEO,” reports Brian Baxter in Bloomberg Law’s Banking Law News.

“Parker’s compensation is all the more notable since Wells Fargo’s top in-house lawyer has rarely, if ever, been one of the highest-paid executives at the company, according to three former lawyers for the bank.”

“The bulk of Parker’s pay—approximately $8.3 million, including a $2 million grant of restricted stock—came from his service last year as Wells Fargo’s interim CEO from March through October, according to a 2019 proxy statement filed by the company March 16.”

“The proxy, which also revealed that the bank clawed back a $15 million stock award to former CEO Timothy Sloan, came less than a week after its hire of a new general counsel in Ellen Patterson, the soon-to-be former in-house legal chief at Toronto-Dominion Bank.”

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Former U.S. Congressman Sentenced to 26 Months for Insider Trading

Reuters reports that Chris Collins, a former U.S. congressman from New York who was an early backer of President Donald Trump, was sentenced to 26 months in prison and fined $200,000 on Friday after pleading guilty to taking part in an insider trading scheme.

Collins, who resigned from Congress after being found guilty, was convicted of trading on insider information while a board member and 16.8% stakeholder of Australian biotechnology company Innate Immunotherapeutics Ltd.

Reuters’ Jonathan Allen explains Collins’ crime:

“After learning from an email sent by Innate Immunotherapeutics’ chief executive that an experimental multiple sclerosis drug had failed a clinical trial, Collins relayed the news to his son, enabling the son to sell shares before the news became public and eroded their value.”

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Model Data Access Agreement to Foster Fintech Growth

The Morgan Lewis Tech & Sourcing blog discusses a model agreement developed by the Clearing House as a voluntary starting point to facilitate data sharing between financial institutions and fintech companies.

The model agreement covers such provisions and concepts as flow-down obligations, data breach, liability, warranties and disclaimers, intellectual property, disclosure and consent, termination and suspension, and assignment.

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Ex-Big Law Partner Found Guilty in Cryptocurrency Fraud Trial

Mark Scott, a former equity partner at the law firm Locke Lord LLP, was convicted on Thursday of conspiracy to commit money laundering and bank fraud, reports FinanceFeeds.

He was one of the defendants in a lawsuit targeting individuals involved in the fraudulent cryptocurrency scheme OneCoin. Scott was suspected of laundering approximately $400 million in proceeds of OneCoin through fraudulent investment funds that he set up and operated for that purpose, writes FinanceFeeds’ Maria Nikolova.

Scott could face up to 20 years in prison on the charge of conspiracy to commit money laundering and up to 30 years for conspiracy to commit bank fraud.

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Changes to Preference Practices Under New Bankruptcy Law

The recently signed “Small Business Reorganization Act of 2019″ creates a subchapter to Chapter 11 for small business debtors, i.e. those with no more than $2,725,625 in secured and unsecured debts combined, to address the unique issues faced by those companies in the bankruptcy process, explains Timothy J. McKeon in a post on Mintz’ website.

In addition to the creation of “subchapter V” to Chapter 11, the SBRA also makes important amendments to statutory provisions governing preference actions.

The new rule requires a debtor or trustee to consider a party’s statutory defenses “based on reasonable due diligence in the circumstances of the case and taking into account a party’s known or reasonably knowable affirmative defenses” prior to commencing an action under section 547, McKeon writes.

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