U.S. and global anti-money laundering (ALM) laws continue to expand both the obligations and risk for financial institutions, insurance broker-dealers, companies and individuals. The reporting requirements of the U.S. Money Laundering Control Act, Bank Secrecy Act (BSA) and PATRIOT Act are increasingly complicated and comprehensive. These laws frequently overlap with data protection laws of other sovereign jurisdictions, especially in the European Union, counter-terrorist financing (CTF) regimes, know-your-customer (KYC) rules, Suspicious Activity Reporting (SAR) obligations and Office of Foreign Assets Controls (OFAC) asset blocking.
At Mitchell Williams, we assist clients in navigating the U.S. anti-money laundering (AML) legal framework. Our sophisticated team of AML lawyers advise U.S. companies, including financial institutions and mutual funds, on a wide range of anti-money laundering (AML) issues. Our team works together to provide our clients with a holistic approach for ensuring compliance with AML and related laws and defend clients against enforcement actions. Our AML lawyers are vastly credentialed and included a Certified Anti-Money Laundering Specialist, a Certified Global Sanctions Specialist, a former United States Department of Justice attorney, two Certified Information Privacy Professional/Europe, two Certified Information Privacy Professional/US and former in-house counsel.
Our capabilities include:
- Evaluate and enhance existing AML, CTF and economic sanctions policies, procedures, and internal controls consistent with regulatory expectations and industry best practices
- Conduct regulatory and internal investigations on behalf of companies and financial services firms
- Conduct sensitive corporate internal investigations and client-regulated risk assessments to satisfy government requested corporate compliance
- Represent companies, financial services firms, and individuals in criminal defense and regulatory enforcement matters, including interactions with regulators
- Provide regulatory compliance counseling
- Engage in regulatory advocacy to seek interpretive guidance and needed changes in applicable rules
- Conduct AML compliance/risk assessments and audits
- Develop compliance programs that address AML laws and related risks, such as corruption and export controls
- Develop compliance policies and procedures for cross-border clients to address blocking statutes, data privacy concerns and local sanctions requirements
- Train on regulatory requirements;
- Transaction counseling on AML risks;
- Designing and implementing compliance programs; and,
- Counseling boards and audit committees on interactions with external auditors.
- Assist multinational and U.S. clients in developing and maintaining risk-based sanctions compliance programs
- Draft and file license applications and voluntary self-disclosures
- Advise clients on responding to sanctions-related inquiries and subpoenas from OFAC, the Department of Justice and banking regulators