All in BSA

On August 28, 2024, FinCEN issued two rules to help safeguard the residential real estate and investment adviser sectors from illicit finance as part of its ongoing efforts to combat illicit finance and protect U.S. national security. One of the final rules will will apply anti-money laundering/countering the financing of terrorism (AML/CFT) requirements to certain investment advisers that are registered with the U.S. Securities and Exchange Commission (SEC), as well as those that report to the SEC as exempt reporting advisers. 

On August 26, 2024, during Overdose Awareness Week, FinCEN reminded financial institutions to monitor for and report suspicious transactional activity related to the illicit fentanyl supply chain and the trafficking of illicit fentanyl and other synthetic opioids. According to FinCEN, its efforts to marshal resources and expertise to combat the trafficking of illicit fentanyl is in participation with the Department of the Treasury’s Counter-Fentanyl Strike Force.

On July 19, 2024, the Federal Reserve Board took action to address consumer compliance breakdowns by Green Dot, fining the firm $44 million for numerous unfair and deceptive practices and a deficient consumer compliance risk management program. According to the Federal Reserve Board’s press release, Green Dot violated consumer law in its marketing, selling, and servicing of prepaid debit card products, and its offering of tax return preparation payment services. 

On July 19, 2024, the OCC, the Federal Reserve Board, the FDIC, and the NCUA issued a notice of proposed rulemaking to to update their requirements for supervised institutions to establish, implement, and maintain effective, risk-based, and reasonably designed anti-money laundering and countering the financing of terrorism (AML/CFT) programs. According to the FDIC’s press release, the amendments are intended to align with changes concurrently proposed by the U.S. Department of the Treasury’s FinCEN.

On July 16, 2024, FinCEN, OFAC, and the FBI issued a joint Notice to financial institutions urging them to be vigilant in detecting, identifying, and reporting timeshare fraud perpetrated by Mexico-based transnational criminal organizations. The Notice provides methodologies, typologies, and red flag indicators to help financial institutions identify potential timeshare fraud in their transactions.

On July 11, 2024, FinCEN issued a supplemental alert to highlight additional red flags regarding financing of Israeli extremist settler violence against Palestinians in the West Bank. In February 2024, FinCEN  issued an alert to financial institutions related to funding of terrorist attacks against Palestinians in the West Bank by Israeli extremists.