Tag:

Banking

Challenges and Opportunities in Regulating the Banking Industry

Regulation in the financial sector is critical to preventing crimes that include fraud, money laundering tax evasion, human trafficking, aiding drug trafficking, and even financing terrorism. Despite the importance of regulation and banking institutions’ compliance with such regulations, many laws regarding money laundering are outdated and prevent efficient prevention of such crimes. Additionally, enforcement against large financial institutions is a difficult matter because of the harm that penalizing them could have on the economy.

Trump Administration Deregulates Financial Services

The Trump administration is delivering on its promise to deregulate America.  Since taking office, numerous regulations spanning everything from energy to health care have been repealed or weakened.  The financial services industry is not immune to the deregulation movement.  The Trump administration is acting through appointments, executive agencies, and legislation to deregulate the financial services industry.  Proponents of deregulation claim the movement is needed after Dodd-Frank and strict post-financial crisis regulation.  However, in deregulating financial services, the Trump Administration—and compliance professionals—should proceed cautiously. 

Cannabusiness – Banking in California

In November of 2016 voters in California passed the Adult Use of Marijuana Act which legalized the sale and use of marijuana throughout the state, similarly to states such as Colorado and Washington. Starting January 1, 2018, it will be legal to go to a licensed dispensary and purchase marijuana for personal use, without needing a medical marijuana card. However, marijuana possession or use is still a federal offense; navigating the new law can be hazy.

Financial Institutions Join Forces for Vendor Management Compliance

Financial institutions often rely on outside vendors to provide information technology services.  While doing so often provides economic efficiency and quicker technological innovation, the risks associated with outsourcing information technology services are significant.  Institutions must develop strong vendor management programs to ensure the safety of their customer’s personal information. Several large financial institutions have come together to create a new consortium to perform vendor and partner due diligence.

Fight over the CFPB’s Arbitration Rule Exposes Rift Between Federal Regulators

Since its inception in 2010, The Consumer Financial Protection Bureau (CFPB) has garnered its fair share of criticism and controversy.  The regulator was created by the Dodd-Frank legislation to curb the practices and risks, which brought about the financial crisis of 2007-2008.  The CFPB is often criticized by the banks and firms it regulates, but now a fellow federal regulator is casting doubt on the CFPB’s new rule concerning mandatory arbitration clauses found in contracts for commonly used banking products, such as checking accounts and credit cards.  The rule is also opposed by Congress, which is working on measures to repeal the rule, and several financial industry and lobbying groups who are suing the CFPB.

Hurricanes Harvey and Irma Add Urgency to Congressional Flood Insurance Reform Effort

In 2016, Congress introduced a bill to reform the National Flood Insurance Program.  Proponents of the bill saw it as necessary reform to a debt-ridden and ineffective program, while opponents saw it as an attack against a necessary safeguard for coastal Americans. The National Flood Insurance Program was set to expire at the end of September 2016, until Congress extended the program through December 8, 2017.  As Americans rebuild from Hurricanes Harvey and Irma, Congress contemplates reform and seeks to keep the program funded past December.