Compliance Clarified – a podcast by Thomson Reuters Regulatory Intelligence

International leaders (the few who were there) reached agreement on carbon trading, development bank financing and a loss and damage fund at the COP 29 summit in Baku, Azerbaijan. In this last episode of the series, Henry Engler, senior editor in New York, joins Alex Robson, managing editor in London, to discuss the annual United Nations climate summit and some of the wins for developing countries. It is estimated that emerging market economies need at least $1 trillion per year to combat climate change.They also discuss the re-election of Donald Trump to the White House and the implications for ESG legislation (spoiler alert: not good). Trump, a climate change denier, is expected to once again withdraw the United States from the Paris Agreement when he takes office in January.The Compliance Clarified podcast series covers a wide range of topics that affect compliance officers at financial institutions and aims to help them navigate the often challenging regulatory environment. It considers the significant challenges of the day and offers practical ideas for emerging best practices.See the links below for more information on the podcast and additional resources.Links:COP29 - Global climate financing goal for emerging economies in doubt; smaller wins achieved (paywall): http://go-ri.tr.com/X2fztBCOP29 agrees international carbon market standards: https://unfccc.int/news/cop29-agrees-international-carbon-market-standardsFund for responding to loss and damage: https://unfccc.int/loss-and-damage-fund-joint-interim-secretariat Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In the ninth episode of Season 12 of Compliance Clarified, Todd Ehret, senior regulatory intelligence expert, is joined by Brett Wolf for an insightful discussion on the TD Bank unprecedented fine related to the banks numerous AML failures.Brett Wolf, is an award winning journalist and our resident expert on AML, financial crime, and sanctions for Thomson Reuters Regulatory Intelligence.In this episode, Brett and Todd discuss what occurred at TD Bank leading, multiple U.S. banking regulators and law enforcement agencies to cumulatively fine the bank and its subsidiaries more than $3 billion after finding that the bank engaged in systemic and willful AML failures.Additionally, regulators and the Department of Justice have imposed very restrictive and harsh remediation demands on the bank which could impact it for years to come.For more information on the podcast and additional resources, see the links below.Links: Todd Ehret LinkedIn: https://www.linkedin.com/in/todd-ehret-91827264/Brett Wolf LinkedIn: https://www.linkedin.com/in/amlwolf/Link to recent articles by Brett Wolf:DOJ statement that includes links to the court documents: https://www.justice.gov/opa/pr/td-bank-pleads-guilty-bank-secrecy-act-and-money-laundering-conspiracy-violations-18bArticle about TD Bank plea:https://www.linkedin.com/posts/amlwolf_us-action-against-td-bank-activity-7250564774063714304-xkEV?utm_source=share&utm_medium=member_iosArticle on TD AML employee who allegedly stole customer information and shared it on Telegram to fuel check fraud scheme:https://www.linkedin.com/posts/amlwolf_td-aml-staffer-allegedly-stole-customer-data-activity-7260710359504683008-Acvs?utm_source=share&utm_medium=member_iosFinCEN Consent Order with TD Bankhttps://www.fincen.gov/sites/default/files/enforcement_action/2024-10-10/FinCEN-TD-Bank-Consent-Order-508FINAL.pdf Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

It has been more than 15 months since the UK Financial Conduct Authority (FCA) introduced the Consumer Duty for current products and over three months since its introduction for closed products. During that time, the FCA has gone from helping firms prepare for the duty's impact to scrutinising how they have implemented it.The FCA's approach to supporting firms prior to implementation won praise from many quarters. With "dipstick" progress surveys to reviews that explored good and bad practices, the FCA issued extensive documentation to help firms prepare, understand and implement its expectations.But as Sheldon Mills, executive director for consumers and competition at the FCA, said in a speech on the deadline date for duty implementation for closed products in July 2024, "this is not the beginning of the end…but the end of the beginning."In that speech, Mills highlighted FCA planning, including thematic work across sectors and targeting specific sectors, products or services and a focus on pricing and value outcomes.In this episode, Alex Robson, managing editor at Regulatory Intelligence, talks to Mike Cowan, senior regulatory intelligence expert, about the progress being made to embed the Consumer Duty in financial services firms, what recent enforcement activity means as the FCA looks to assess how firms are implementing the duty and what firms can do in future.LinksCOLUMN: TSB fine for mistreating financially distressed customers cites value of relationships over procedure: http://go-ri.tr.com/xte3nfIMPACT ANALYSIS: Volkswagen's FCA fine in drives a lesson in customer outcomes: http://go-ri.tr.com/jLXAR7IMPACT ANALYSIS: FCA fines PwC over not reporting London Capital & Finance suspicions: http://go-ri.tr.com/yKHVnC Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

The FCA's recent victory (http://go-ri.tr.com/Ee9lhf) in the Court of Appeal against BlueCrest Capital Management presented an interesting reversal of a tribunal decision last year (http://go-ri.tr.com/0olu4N) which sided with BlueCrest.Whether the case now goes to a full hearing at the tribunal or an appeal to the Supreme Court on these preliminary issues remains to be seen.Whatever the outcome, it could have serious implications for both regulated firms and the regulator.In this week's podcast, senior regulatory intelligence expert Helen Parry discusses the case and its ramifications in conversation with Trond Vagen, senior editor, UK & Europe.The Compliance Clarified podcast series covers a wide range of topics that affect compliance officers at financial institutions and aims to help them navigate the often challenging regulatory environment. It considers the significant challenges of the day and offers practical ideas for emerging best practices.Links:http://go-ri.tr.com/Ee9lhfhttp://go-ri.tr.com/0olu4Nhttp://go-ri.tr.com/fWunnjhttp://go-ri.tr.com/hGFF7rhttp://go-ri.tr.com/6vyBxe Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

It can't have escaped anyone's notice that there is a presidential election in the United States on Tuesday, November 5. The polls are too tight to call and the fight for the White House between former President Donald Trump and Vice-President Kamala Harris is going right down to the wire.In this episode of Compliance Clarified, Alexander Robson, managing editor, Regulatory Intelligence, in London chats with Henry Engler, senior editor, and Todd Ehret, senior regulatory intelligence expert in New York, about the possible outcomes, the polls and betting markets, and, specifically, what a decisive result for either candidate would mean for financial regulation. They discuss the possible impact on banking and crypto regulation and how House/Senate races beyond the presidential election might shape the outcome.Will Fed Chair Jay Powell survive under Trump? What is the future of Fed vice chair for supervision Michael Barr under Trump given Wall Street's hostility towards his Basel endgame plans? What would a Harris administration focus on? Henry and Todd discuss these questions and more.The Compliance Clarified podcast series covers a wide range of topics that affect compliance officers at financial institutions and aims to help them navigate the often challenging regulatory environment. It considers the significant challenges of the day and offers practical ideas for emerging best practices.LinksKalshi Markets: https://kalshi.com/marketsPolymarket: https://polymarket.com/event/presidential-election-winner-2024Predictit: https://www.predictit.org/markets/detail/7456/Who-will-win-the-2024-US-presidential-electionU.S. appeals court clears Kalshi to restart elections betting (paywall): http://go-ri.tr.com/aOPu3sINSIGHT: U.S. CFTC proposes rule to clarify ban on listed derivative bets on elections and other events (paywall): http://go-ri.tr.com/yIZWLmHow could Trump overhaul US financial regulators if he wins on Nov. 5?: https://www.reuters.com/markets/us/how-trump-could-overhaul-us-financial-regulators-if-he-wins-nov-5-2024-10-10/ Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode, Helen Chan, regulatory intelligence expert and Rachel Wolcott, senior editor discuss financial crime compliance risks in luxury hospitality and the luxury goodssectors. They run through recent developments and sanctions compliance in high-risk geographies and what that means for multinational luxury groups.Rachel shares an overview of regulatory requirements implemented in the U.S. and anticipated reforms applicable to businesses in the luxury sector in Europe and the United Kingdom. Rachel and Helen highlight compliance takeaways for financial institutions, luxury groups and dealers of high value assets such as art and real estate.Links:Displays of wealth on social media draw scrutiny:https://regintel-content.thomsonreuters.com/document/ICBBF93E0701C11EFB351F8E4C03DB09C/COMMENTARY:-Displays-of-wealth-on-social-media-draw-regulatory-scrutiny--11-09-2024Kim Jong Un drives Putin during state visit to North Korea (Korea Central Television)https://www.youtube.com/watch?v=DNHHtFVibK8Factsheet: FinCEN issues final rule to increase transparency in residential real estatetransfers: https://www.fincen.gov/sites/default/files/shared/RREFactSheet.pdfLafarge pleads guilty to conspiring to provide material support for terrorist organizations: https://www.justice.gov/opa/pr/lafarge-pleads-guilty-conspiring-provide-material-support-foreign-terrorist-organizationsContact us:Helen.chan@thomsonreuers.comRachel.wolcott@thomsonreuters.com Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In the fourth episode of Season 12 of Compliance Clarified, Todd Ehret, senior regulatory intelligence expert, is joined by Henry Engler for an insightful discussion on the Basel III endgame.Basel III was originally developed in response to the financial crisis of 2008- 2009. The Basel Committee for Banking Supervision finalization of Basel III, known as Basel III endgame, introduces extensive changes, especially in the calculation of risk-weighted assets (RWA). These changes will significantly impact business models, compelling banks to reconsider their capital allocation strategies.On July 27th, 2023, the US Federal Reserve and FDIC published their Notice for Proposed rulemaking for Basel III endgame. After months of criticism and discussion, on September 10, the Federal Reserve announced a re-proposal of the much discussed and awaited Basel III Endgame.Henry Engler is a Senior Editor for North America for Thomson Reuters Regulatory Intelligence based in New York. Henry joined Thomson Reuters after a decade in the financial industry in which he has served in roles as an executive or managing consultant overseeing compliance-related and other projects. Henry is also a trained economist and has served as a financial journalist and business strategy executive at Reuters. Henry has edited books on the European Monetary Union and the future of banking and is also the author of "Remaking Culture on Wall Street: A Behavioral Science Approach for Building Trust from the Bottom Up."For more information on the podcast and additional resources, see the links below.Links: Todd Ehret LinkedIn: https://www.linkedin.com/in/todd-ehret-91827264/Henry Engler LinkedIn: https://www.linkedin.com/in/henry-engler-29133/Link to recent article by Henry Engler:U.S. Basel Endgame enters uncertain phase as regulators jostle behind the scenes: https://www.linkedin.com/feed/update/urn:li:activity:7246539010406252546/ Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In the third episode of Season 12 of Compliance Clarified, Todd Ehret, senior regulatory intelligence expert, is joined by Brett Wolf for an insightful discussion on his takeaways from the recent ACAMS conference in Las Vegas.Brett Wolf is an award-winning journalist and our resident expert on AML, financial crime, and sanctions for Thomson Reuters Regulatory Intelligence.Brett shares his insight on various discussions at ACAMS and FinCEN’s recently proposed rule that would amend financial institutions’ AML program requirements. He also offered his take on the latest developments with AI and the industry efforts surrounding the nascent technology and the Corporate Transparency Act and beneficial ownership reporting as FinCEN continues its push to implement the statute.For more information on the podcast and additional resources, see the links below.Links: Todd Ehret LinkedIn: www.linkedin.com/in/todd-ehret-91827264/Brett Wolf LinkedIn: www.linkedin.com/in/amlwolf/Link to recent article by Brett WolfU.S. FinCEN reviews comments on proposed changes to AML program rule, bank regulators still accepting feedback: www.linkedin.com/posts/amlwolf_fincen-rulemaking-activity-7245212104629051392-Nu36?utm_source=share&utm_medium=member_desktopThomson Reuters Regulatory Intelligence content https://regintel-content.thomsonreuters.com/ Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode Lindsey Rogerson and Rachel Wolcott, senior editors in London discuss the growing risk – both reputational and regulatory for financial firms invested or lending to methane-intensive corporates. Methane has 28 times the warming effect of CO2. The two main sources of man-made methane are agriculture and fossil fuels, and increasingly lawmakers are pushing responsibility for reigning in emissions onto the financial services firms. Lindsey and Rachel discuss the various regulations that are in place or in train to ensure banks and investment firms are collecting data on the methane intensity of their loan books and portfolios. These include the Sustainable Financial Disclosure Regulation (SFDR), the Corporate Sustainability Reporting Directive (CSRD), the EU Methane Regulation and the EU Deforestation Regulation. They go on to discuss the growing public interest in who is funding agribusiness and the fossil fuel industry. And how the satellites coming online to monitor methane leaks will increase the scrutiny on banks. And Rachel can't resist a cow joke or two. Links: Planet Tracker Hot Money report: https://planet-tracker.org/wp-content/uploads/2023/01/Hot-Money.pdfBanking on Climate Chaos report from Rainforest Alliance: https://www.bankingonclimatechaos.org/wp-content/uploads/2024/05/BOCC_2024_vF1.pdfEnvironmental Defense Fund Missing Methane: A European Perspective Report: https://business.edf.org/insights/missing-methane-a-european-perspective/Article on satellite monitoring: https://www.thomsonreuters.com/en-us/posts/esg/deforestation-carbon-reduction-technology/The GreenShed project: https://www.sruc.ac.uk/connect/about-sruc/major-projects/greenshed/Article on academic research on bark absorbing methane: https://theconversation.com/weve-discovered-the-worlds-trees-absorb-methane-so-forests-are-even-more-important-in-the-climate-fight-than-we-thought-235233Article on feeding seaweed to cows: https://caes.ucdavis.edu/news/feeding-cattle-seaweed-reduces-their-greenhouse-gas-emissions-82-percent#:~:text=New%20Long-Term%20Study%20Could,the%20University%20of%20California%2C%20Davis.EU deforestation regulation (supply chain); https://environment.ec.europa.eu/topics/forests/deforestation/regulation-deforestation-free-products_enUK deforestation rules (supply chain): https://www.legislation.gov.uk/ukpga/2021/30/schedule/17 Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode, Lindsey Rogerson and Rachel Wolcott, senior editors for Regulatory Intelligence in EMEA discuss the UK Financial Conduct Authority’s (FCA) approach to Freedom of Information Act (FOIA) compliance.In the UK, most public bodies are subject to FOIA. That means members of the public can request information held by public authorities or by persons providing services to them. That includes the FCA, the Prudential Regulation Authority and the Bank of England. Lindsey and Rachel discuss the importance of using FOIA in their work to uncover information that helps readers and listeners better understand how the regulators work. They talk through several examples of information they’ve been able to request, including about whistleblowing, enforcement statistics, as well as bullying and harassment allegations made by FCA employees. Recently, however, many of their FOIA requests have been met with resistance from the regulator. Lindsey and Rachel talk about how they appealed the FCA’s use of FOIA exemptions —and won. The process brought valuable insights into how the regulator manages FOIA compliance. LINKS FCA response to FOI on guidance for supervisors investigation allegations made by whistleblowers after ICO intervention June 2024: https://www.whatdotheyknow.com/request/protocol_for_supervisors_when_in/response/2684994/attach/4/FOI10712%20Amended%20Response%2020240619.pdf?cookie_passthrough=1 Redacted FCA document: Supervision: Whistleblowing ‘How to Guide’ for SPC & Authorisation Divisions: https://www.whatdotheyknow.com/request/protocol_for_supervisors_when_in/response/2684994/attach/5/Annex%20A.pdf?cookie_passthrough=1 Article: FCA report shows "host" ACD compliance has not improved in a decade, s 166s imposed: https://word-edit.officeapps.live.com/we/FCA%20report%20shows%20%22host%22%20ACD%20compliance%20has%20not%20improved%20in%20a%20decade,%20s%20166s%20imposed Article on: UK FCA is still assessing more than 1,100 whistleblower reports from 2023/24: https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fgo-ri.tr.com%2FO3tB1r&data=05%7C02%7Crachel.wolcott%40thomsonreuters.com%7Cba01669a1154474d690a08dcd2715851%7C62ccb8646a1a4b5d8e1c397dec1a8258%7C0%7C0%7C638616631473549097%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=DODZq3z11tZ%2FDZsQvMvYSJWDHOs4gJi7eVZRLslaqGA%3D&reserved=0 H2O decision notice: https://www.fca.org.uk/publication/final-notices/h2o-am-llp-2024.pdf FCA warning notice on Woodford Investment Management Ltd and Neil Woodford: https://www.fca.org.uk/publication/warning-notices/warning-notice-statement-24-3.pdf First Tier Tribunal decision in Paul Carlier v ICO: https://www.bailii.org/uk/cases/UKFTT/GRC/2024/257.htmlArticle on FOIA request about MiFID II recordkeeping investigations: https://www.linkedin.com/posts/rachelwolcott_mifid-enforcement-action-activity-7199352605670555649-BLwt/?utm_source=share&utm_medium=member_desktopArticle: FCA to merge FOIA, personal data disclosure unit into comms team: https://www.linkedin.com/posts/rachelwolcott_fca-to-merge-idt-fully-with-communications-activity-7163815206140239873-HFex/?utm_source=share&utm_medium=member_desktopUK FCA's FoIA request reputational risk assessments, guidelines for journalists' requests are inappropriate –expert (paywall): http://go-ri.tr.com/xqNUHXMeta FOIAsFOI6522, FOI9427, FOI9980 (scroll to the bottom for links. For two of them you may need to request access from the FCA) FCA’s response to Lindsey and Rachel’s questions: Is the FCA's approach to FOIA and DPA in line with its stated values of acting with integrity and delivering in the public interest? "Yes" Does the FCA still circulate FOI responses to large number of staff in the CEO's office and the COO for comments and sign off? "As we mentioned in our last response to you in March, our approach is in line with ICO guidance and the law." What are the latest IDT performance statistics? "Over the last 12 months from September 2023 to August 2024 (inclusive), we responded to 92% of FOIA requests and 98% of DSARs within the statutory deadline." Has the ICO asked the FCA to perform any remedial work on IDT? Has ICO advised/queried the FCA about safeguards for FOIA and DPA in the new combined IDT/press office arrangements? "No. When we answered your questions in March, we explained that it had been our intention that the information disclosure team would move to a different department within the communications directorate as part of a planned restructure later this year. That move has now happened." Has the FCA stopped internal circulation of lists of new FOIA requests with names of requestors? If not why not?"We continue to circulate the details of new requests, which generally include the names of the requesters, to a limited number of internal stakeholders. We are satisfied that our internal processes are appropriate and lawful, including that our processes are compliant with FOIA and data protection legislation." What further steps has the FCA taken to train IDT/comms staff about using FOIA exemptions?"All IDT staff and internal reviewers have received formal training on the application of the FOI Act and many members of the team are qualified FOIA practitioners. In addition, IDT works closely with our legal division, which provides expert guidance in the interpretation of the most complex aspects of the Act." Has the FCA reviewed its approach to labelling FOIA requests as vexatious following the First-Tier Tribunal case Paul Carlier v Information Commissioner and the FCA? If yes, how? "The FCA continues to consider each request on a case by case basis, in line with the requirements of relevant legislation, ICO guidance and case law. In this case, the ICO agreed with our view the requests were vexatious. The Tribunal, however, decided 'by a narrow margin' they were not, a conclusion it reached 'with some hesitation.' We have therefore been happy to reconsider the requests." From the evidence we have reviewed the FCA’s approach to FOIAs and DPAs seemed to be top-down with many senior executives signing off requests and even correcting grammar errors. We are also aware from our own FOIs that there is often months-long delays in responding to requests and appeals. Given this, what is the FCA doing to ensure a more efficient process in line with the legislation? "We have improved our performance on the statutory deadlines for FOIAs and DSARs over the last year. We recognise that we need to do more to improve our performance in processing FOIA Internal Reviews and DSAR complaints. We are currently considering how the existing process can be streamlined to improve its efficiency. Our internal processes are focused on ensuring a clear and quality response, not preventing disclosure which is determined by the law."FOI6522: https://www.whatdotheyknow.com/request/foi6522_request_for_further_info#incoming-2714347FOI9427: https://www.whatdotheyknow.com/request/foi9427_request_for_information#incoming-2713882FOI9980: https://www.whatdotheyknow.com/request/foi_9980_request_for_information#incoming-2711477 Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this last episode of series 11, Helen Parry, senior regulatory expert and Rachel Wolcott, senior editor, discuss the gambling scandal that enveloped the UK general election and cross over themes for compliance. Cheating is an offence under section 42 of the Gambling Act and betting firms are supposed to do enhanced due diligence on politically exposed persons (PEPs). Helen explains how recent enforcement actions against UK gambling firms around their failure to conduct enhanced due diligence on PEPs led to better controls that meant UK politicians using inside information to place bets on the general election date were detected quickly. Helen and Rachel discuss the UK Financial Conduct Authority's guidance for risk managing PEPs as well as other inside information examples around political polling and other sensitive information. LinksCOLUMN: Stop the bets – the law and regulation of political gambling and politically exposed persons (pay wall - go-ri.tr.com/Cdfrka)(FG 17/6 - https://www.fca.org.uk/publication/finalised-guidance/fg17-06.pdf) UK FCA guidance on the treatment of politically exposed persons for anti-money laundering purposesWilliam Hill Group businesses to pay record £19.2m for failures (UK gambling commission press release - https://www.gamblingcommission.gov.uk/news/article/william-hill-group-businesses-to-pay-record-gbp19-2m-for-failures)Entain to pay £17 million for regulatory failures (UK gambling commission press release - https://www.gamblingcommission.gov.uk/news/article/entain-to-pay-gbp17-million-for-regulatory-failures#:~:text=A%20gambling%20business%20is%20to,.uk%20and%20foxybingo.com.)Contact usHelen.parry@thomsonreuters.comRachel.wolcott@thomsonreuters.com

It’s been quite a month for elections in Europe, but in this episode, Regulatory Intelligence’s Lindsey Rogerson, Mike Cowan, and Rachel Wolcott pick out what financial services should be aware of after the Labour party’s win in the UK election on July 5. The financial services sector certainly will play a part in Labour’s growth plans. The party’s financial services plan, published in January said: “We will unashamedly champion our financial services sector as one of the UK’s greatest assets.”Rachel Reeves, the new Chancellor of the Exchequer and the first woman to hold the post in 800 years, has been warmly received by women working in Britain’s finance sector. Her appointment as well as the increase in diversity in members of parliament across all parties was called a break-through moment at this week’s Women in Finance summit held in London. Tulip Siddiq was appointed as City Minister as the podcast was going to press. She had been Labour’s shadow City Minister since 2021. On July 8 Reeves told an audience of financial services and green industry leaders that economic growth is a national mission. She also announced Labour will go ahead with a national wealth fund with a remit to invest in and catalyse private sector investment in new and growing industries.This discussion was recorded on 8th July, things will change when the government gets going with its first King’s Speech setting out its legislative agenda and announces its budget in the fall. There will be a wait to hear whether the new government prioritizes crypto and pushes forward with that regulatory workstream, where it lands on economic crime and how it will push forward the green finance agenda as well as changes to the car insurance market—to name but a few items in its bulging inbox. Perhaps the biggest question now, however, is whether the government will do something for financial services when it comes to doing business with the European Union. LinksLabour’s financing growth plan: https://labour.org.uk/updates/stories/financing-growth-labours-plan-for-financial-services/ UK Finance publishes financial services manifesto: https://www.ukfinance.org.uk/news-and-insight/press-release/uk-finance-publishes-financial-services-manifesto Contact us:Rachel.Wolcott@thomsonreuters.com, Lindsey.Rogerson@thomsonreuters.com, mike.cowan@thomsonreuters.com. Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode, Helen Chan, regulatory intelligence expert in Hong Kong is joined by Lindsey Rogerson and Rachel Wolcott, senior editors in the UK, to examine use cases for artificial intelligence (AI) powered regtech in culture and conduct risk management. They discuss the potential pitfalls of employee surveillance, endowment bias and instances where AI goes awry. Lindsey and Rachel highlight emerging enforcement risk from the United States' Securities and Exchange Commission (SEC) over AI-washing and the importance of tracking data lineage in the incorporation of generative AI tools for financial institutions.Links:The European Insurance and Occupational Pensions Authority - Report on the digitalisation of the European insurance sector: www.eiopa.europa.eu/publications/eiopas-report-digitalisation-european-insurance-sector_enRegulators in Asia lay down foundation for regulation of AI ethics (paywall): http://go-ri.tr.com/aWnKkVConduct tech may fail to deliver insights, while increasing data privacy risk, ethical issues: http://go-ri.tr.com/PN8Rvm SEC Charges Two Investment Advisers with Making False and Misleading Statements About Their Use of Artificial Intelligence: www.sec.gov/newsroom/press-releases/2024-36SEC Charges Founder of AI Hiring Startup Joonko with Fraud: www.sec.gov/newsroom/press-releases/2024-70#:~:text=The%20Securities%20and%20Exchange%20Commission,Joonko's%20customers%2C%20the%20number%20of Finos' AI Readiness: www.finos.org/press/finos-launches-ai-readiness Contact us:Helen.Chan@thomsonreuters.com; Lindsey.Rogerson@thomsonreuters.com; Rachel.Wolcott@thomsonreuters.comFor more information about Regulatory Intelligence please search for Thomson Reuters Regulatory Intelligence or click here: legal.thomsonreuters.com/en/products/regulatory-intelligence Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode, Lindsey Rogerson, senior editor and Mike Cowan senior regulatory intelligence expert discuss the UK Finance Conduct Authority’s actions in the first year of its flagship Consumer Duty initiative. The FCA has hit the ground running with the Consumer Duty since its launch on July 31, 2023. No sector has been left untouched as the regulator has run its rule over how firms are delivering the Duty’s requirement for firms to evidence and deliver fair outcomes to their customers. The conversation is split into two parts, a review of the first 11 months of the duty applying to open book products followed by a discussion as to how firms should be preparing for the arrival of the duty to closed product books from July 31. Links: FCA research into trading apps: https://www.fca.org.uk/publication/research-notes/research-note-digital-engagement-practices-trading-apps-experiment.pdfConsumer Duty: spotting and handling financial abuse of vulnerable customers: http://go-ri.tr.com/zv2gGfCustomer vulnerability: an extra layer to the UK FCA Customer Duty: http://go-ri.tr.com/zAurSHUK FCA’s motor finance complaints pause hands: http://go-ri.tr.com/WlImYgANALYSIS: Motor finance: UK firms face months of uncertainty, say experts: http://go-ri.tr.com/wLpB5IINSIGHT: FCA finds deficiencies in insurance claims handling when valuing written-off or stolen vehicles: http://go-ri.tr.com/RHfs7hOPINION: FCA fines HSBC £6.2 million for arrears handling failures: http://go-ri.tr.com/2WEPxuOPINION: 10 things UK compliance officers must consider when dealing with customer's deposit accounts: http://go-ri.tr.com/9Bf43IOPINION: FCA to review firms' approach to dealing with vulnerable customers in 2024: http://go-ri.tr.com/1aAjZQUK FCA allows four firms to resume selling GAP insurance: http://go-ri.tr.com/ZYv1yLFor more information about Regulatory Intelligence please search for Thomson Reuters Regulatory Intelligence or check the show notes for a link https://legal.thomsonreuters.com/en/products/regulatory-intelligence Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode, Rachel Wolcott senior editor in the UK speaks to Natalia Kubesch, a lawyer for Redress.org a non-governmental organization in London. This episode is about the victims of war crimes and crimes against humanity and why the current approach to sanctions and asset confiscation does not do enough to help them. Natalia specializes in using Magnitsky Sanctions to provide accountability for serious human rights violations. Redress represents victims of torture and helps them seek accountability and justice. Part of Natalia’s work is advocating for the use of sanctions and asset confiscation to respond to serious human rights abuses and corruption.Natalia talks about work to confiscate assets related to Bashar al-Assad’s uncle, the former Syrian vice president Rifaat al-Assad to be used to support the Syrian people. The Swiss Federal Prosecutor’s office filed charges (https://www.srf.ch/news/schweiz/graeueltaten-in-syrien-bundesanwaltschaft-klagt-gegen-onkel-von-baschar-al-assad) against Rifaat al-Assad in March this year. He is accused of crimes against humanity and war crimes. The UK has frozen an estimated £161 million in assets related to the Assad regime since 2011 when the Syrian civil war began. These assets could be used to help victims of the al-Assad regime, Natalia says.Redress is also working with civil society groups in Myanmar to expose the use of shell companies domiciled in UK overseas territories to avoid sanctions and provide funding for its military junta. Redress and its partners have reported these possible sanctions breaches by to UK law enforcement. Lastly, Natalia calls on the UK government to improve its approach to sanctions implementation and enforcement as well as to break the two-year impasse with Roman Abramovich, the former owner of Chelsea Football Club. He pledged £2.5 billion from Chelsea FC’s sale to help Ukrainians, but that help has not materialized. Natalia explains why.Links:UK should legislate to confiscate Russian state assets, accelerate financial crime enforcement, MPs hear (paywall) go-ri.tr.com/s2pP2aNew U.S. sanctions target Russian financial system, blacklist its operations in China and India and bolster 'secondary sanctions' risk (free) https://regintel-content.thomsonreuters.com/document/IC3FF985028EE11EFA4C58DA52BBFD8DA/New-U.S.-sanctions-target-Russian-financial-system,-blacklist-its-operations-in-China-and-India-and-bolster-'secondary-sanctions'-risk-13-06-2024FATF standards used by authoritarian regimes to justify suppression -RUSI report (free) https://regintel-content.thomsonreuters.com/document/I5D740E40271811EFA4C58DA52BBFD8DA/FATF-standards-used-by-authoritarian-regimes-to-justify-suppression--RUSI-report-11-06-2024Redress.org’s evidence to the UK parliament’s Treasury Committee https://committees.parliament.uk/writtenevidence/129074/html/Charities criticize delay to release £2.5 billion Chelsea FCA sale funds https://www.civilsociety.co.uk/news/charities-criticise-delay-to-release-2-5bn-chelsea-fc-sale-funds-two-years-since-pledge.html Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode of Compliance Clarified Helen Chan, regulatory intelligence expert in Hong Kong speaks to Rachel Wolcott, a senior editor in the UK about the current state of stablecoin regulation and financial crime trends in stablecoins and crypto. They unpick attempts at putting a dollar value on illicit crypto flows, and try to pin down the global approach to stablecoin regulation. Helen and Rachel discuss stablecoins use in superapps like South East Asia’s Grab and the use of tether in Telegram. Will these use cases run into the same financial crime issues as traditional finance has with open banking? They also highlight the risks and concerns stablecoins paired with weak know-your-customer and financial crime systems and controls pose to tradfi. Links: Steno Research on tether: https://stenoresearch.com/crypto-moves/the-european-unions-mica-removes-tether-from-the-market/Alison Jimenez on challenges assessing the scale of illicit crypto flows: https://docs.house.gov/meetings/BA/BA21/20231115/116579/HHRG-118-BA21-Wstate-JimenezA-20231115.pdfUK Financial Conduct Authority’s stablecoin discussion paper: https://www.fca.org.uk/publications/discussion-papers/dp23-4-regulating-cryptoassets-phase-1-stablecoinsUK snap election leaves crypto regulation in limbo (paywall): https://signon.thomsonreuters.com/?productId=TRRIP&returnto=https%3A%2F%2Fregintel.thomsonreuters.com%2F%23login%2F%257B%2522redirect%2522%253A%2522ri%252Fresolve%252Fshorturl%252F%25257B%252522shortUrl%252522%25253A%252522PimebR%252522%25257D%2522%257D&bhcp=1 United States of America vs Enhua Fang (pre-trial detention motion): https://www.linkedin.com/feed/update/urn:li:activity:7188558094350589952/Tether partners with Telegram press release: https://tether.io/news/tether-collaborates-with-ton-foundation-and-oobit-to-create-seamless-crypto-payment-solution/Clarity for Payment Stablecoins Act of 2023 (U.S. Bill): https://www.congress.gov/bill/118th-congress/house-bill/4766Contact us:Helen.Chan@thomsonreuters.com & Rachel.Wolcott@thomsonreuters.com For more information about Regulatory Intelligence please search for Thomson Reuters Regulatory Intelligence or check the show notes for a link legal.thomsonreuters.com/en/products/regulatory-intelligence Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In this episode Lindsey Rogerson and Rachel Wolcott, senior editors in London talk through the UK Financial Conduct Authority's (FCA) changing approach to enforcement. They look at the number of enforcement cases closed since April 2023 when the former head of enforcement left. In all 155 cases have been closed with only 28 resulting in an enforcement action—about 18%. That discussion leads to a broader consideration of the FCA's publication of enforcement data, its resistance to some Freedom of Information Act requests for more information and a look at some of the detail it recently revealed in letters to UK lawmakers. Lindsey and Rachel assess the FCA's proposals to announce some enforcement investigations. This plan was first announced in February and has since been rebranded as "naming and shaming" by those opposed to the measures. Lindsey and Rachel question whether this description is justified, run through the ways investigations are sometimes announced, and make a case for the more frequent publication of richer, more descriptive enforcement data. Links: 2017 report about the HK SFC closing cases (paywall) https://signon.thomsonreuters.com/?productId=TRRIP&returnto=https%3A%2F%2Fregintel.thomsonreuters.com%2F%23login%2F%257B%2522redirect%2522%253A%2522ri%252Fresolve%252Fshorturl%252F%25257B%252522shortUrl%252522%25253A%252522BRKGDI%252522%25257D%2522%257D&bhcp=1UK FCA seeks speedy closure for cases with "no future (paywall) https://signon.thomsonreuters.com/?productId=TRRIP&returnto=https%3A%2F%2Fregintel.thomsonreuters.com%2F%23login%2F%257B%2522redirect%2522%253A%2522ri%252Fresolve%252Fshorturl%252F%25257B%252522shortUrl%252522%25253A%252522skxHi9%252522%25257D%2522%257D&bhcp=1UK FCA is still assessing more than 1,100 whistleblower reports from 2023/24 (paywall) https://signon.thomsonreuters.com/?productId=TRRIP&returnto=https%3A%2F%2Fregintel.thomsonreuters.com%2F%23login%2F%257B%2522redirect%2522%253A%2522ri%252Fresolve%252Fshorturl%252F%25257B%252522shortUrl%252522%25253A%252522O3tB1r%252522%25257D%2522%257D&bhcp=1Season 10, Episode 6: Insider dealing lists: lessons from a conviction https://podcasts.apple.com/gb/podcast/season-10-episode-6-insider-dealing-lists-lessons-from/id1548510826?i=1000647506230Season 9, Episode 4: The FCA and its difficulties dealing with whistleblowing https://open.spotify.com/episode/1l3pvrXW1J6LcJv2LOunRo FCA Board Minutes April 2023 https://www.fca.org.uk/publication/minutes/fca-board-minutes-27-april-2023.pdfFCA letter to House of Lords Financial Services Regulation Committee https://www.fca.org.uk/publication/correspondence/fca-response-lfsrc-april-24.pdfFCA letter to Treasury Committee https://committees.parliament.uk/publications/44666/documents/221907/default/FOIA request about recording keeping and messaging appshttps://www.whatdotheyknow.com/request/refined_request_foi10578_recordi#incoming-2645944 UK FCA opened no investigations into communications retention; opened first Mifid II transaction reporting investigation (article) https://www.linkedin.com/feed/update/urn:li:activity:7199352605670555649/FOIA request for updated enforcement data to show closed investigations https://www.whatdotheyknow.com/request/enforcement_data_update_of_foi10#incoming-2661174CP 24/2 Our enforcement guide and publicizing enforcement investigations—a new approach (the naming and shaming one ;-)) https://www.fca.org.uk/publication/consultation/cp24-2.pdfUK Finance response to CP24/2 https://www.ukfinance.org.uk/system/files/2024-04/UK%20Finance%20%20response%20to%20FCA%20enforcement%20guidance%20CP24-2.pdf Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

Today we’re joined by Klaus Moosmayer, Chief Ethics, Risk and Compliance Officer for Novartis, the Swiss pharmaceutical giant.Klaus has had a distinguished career. He joined Novartis in 2018 after serving 18 years at Siemens where he was Chief Compliance Officer. He began his career as a lawyer in Germany, specializing in white collar crime, business law and litigation.His views on compliance, ethics and risk are widely sought after and we first got to know him years ago when Klaus took part in a Regulatory Intelligence conference. The focus at the time was on how the financial industry might learn how other industries deal with issues of misconduct and culture.We're here today to discuss a new article by Klaus, entitled ETHICS AND INTEGRATED ASSURANCE: THE CHALLENGE OF BUILDING ‘TRUST’. The article argues for a new organizational model for compliance.Here is a link to the article: https://riskandcompliancemagazine.com/ethics-and-integrated-assurance-the-challenge-of-building-trust-apr24-open Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In the second episode of Season 11 of Compliance Clarified, Todd Ehret, senior regulatory intelligence expert, is joined by Jacob Denman for a wide-ranging discussion on the growing trend of elder financial exploitation.Jacob Denman is with Thomson Reuters Risk and Fraud Solutions and Partnerships and Alliances. Prior to joining Thomson Reuters, Jacob worked in law enforcement and then for several large banks in their financial crimes and special investigations departments. Jacob is on the Board of Directors of the Minneapolis St. Paul chapter of the Association of Certified Fraud Examiners (ACFE). He is also a Certified Anti-Money Laundering Specialist with ACAMS. In the past few weeks, the Financial Industry Regulatory Authority (FINRA), the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN), and the non-profit organization AARP (formerly known as the American Association of Retired Persons) have all issued crucial warnings and guidance on the pressing issue of elder financial crime.Denman sheds light on the alarming surge in scams and frauds targeting the elderly. He attributes this rise to two key factors: the rapid advancements in technology and the isolation experienced by the elderly during the Coronavirus pandemic, which led to a shift in their financial management from in-person to technology-based methods.For more information on the podcast and additional resources, see the links below.Links: FINRA Threat Guidance: www.finra.org/rules-guidance/key-topics/senior-investors/tip-protecting-vulnerable-adult-senior-investorsFinCEN Elder Financial Exploitation Alert: www.fincen.gov/news/news-releases/fincen-issues-analysis-elder-financial-exploitationThomson Reuters Special Report on the soaring number of SARs filings: www.thomsonreuters.com/en-us/posts/wp-content/uploads/sites/20/2023/06/Suspicious-Activity-Reports-2023.pdfAARP Report: https://press.aarp.org/2024-05-08-AARP-Report-Elevated-Risks-of-Fraud-Are-Pervasive-in-AmericaTodd Ehret LinkedIn: linkedin.com/in/todd-ehret-91827264/Jacob Denman LinkedIn: linkedin.com/in/jacob-denman/Thomson Reuters Regulatory Intelligence content: regintel-content.thomsonreuters.com/ Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.

In the first episode of Season 11, Lindsey Rogerson, senior editor, is joined by Rachel Wolcott, senior editor in London and Todd Ehret, senior regulatory expert in New York to discuss the growing impact of finfluencers – financial influencers – on the public’s investment decision-making. According to research from the CFA Institute, some found that 37% of Gen-Z investors in the United States and 38% in the United Kingdom cited social media influencers as a major factor in their decisions to invest. But who are these people? They are not just celebrities like Kim Kardashian or Tom Brady, but also bloggers sitting in their bedrooms. The discussion moves on to discuss how regulators are attempting to clamp down. And the limitations on what regulators can be expected to achieve. Links: FCA finfluencer infographic: https://www.fca.org.uk/multimedia/fca-and-asa-team-warn-finfluencers-risks-promoting-illegal-get-rich-quick-schemesEuropean Securities and Markets Authority finfluencer research: https://www.esma.europa.eu/sites/default/files/2024-02/ESMA74-1103241886-912_Warnings_on_Social_Media_and_Investment_Recommendations.pdfFINRA M1 Finance fine:https://www.finra.org/media-center/newsreleases/2024/finra-fines-m1-finance-850000-violations-regarding-use-social-mediaCFA Institute research:https://rpc.cfainstitute.org/en/research/reports/2024/finfluencer-appealOff message: EU and UK approaches to social media promotions and finfluencers Paywall: http://go-ri.tr.com/jSgT5bOpenweb: https://regintel-content.thomsonreuters.com/document/I12480010110211EF9891F1C9B4067FAC/Off-message:-EU-and-UK-approaches-to-social-media-promotions-and-finfluencers-15-05-2024UK-registered cryptos still advertise with non-compliant UK affiliate marketer; FCA has not issued new warnings: https://regintel-content.thomsonreuters.com/document/IBF8E49A00D5111EF8367C78DC6A8BA08/UK-registered-cryptos-still-advertise-with-non-compliant-UK-affiliate-marketer-FCA-has-not-issued-new-warnings-09-05-2024 Compliance Clarified is a podcast from Thomson Reuters Regulatory Intelligence.Listen to wide-ranging, insightful discussions on all things compliance for financial services firms. We delve into the hot topics of the day, the challenges faced and offer up practical ideas for emerging good practice. We de-mystify regulation and explore the art, as well as the science, of the ever-expanding role of the compliance officer.  Enforcements, digital transformation, regulatory change, governance, culture, conduct risk – anything and everything impacting the compliance function is up for discussion.