Reed Introduces Legislation to Hold Corporate Executives Accountable for Fraudulent Actions

Washington, D.C. - October 5, 2017 (The Ponder News) -- In an effort to prevent fraudulent and negligent behavior at large financial institutions and hold senior executives accountable, U.S. Senator Jack Reed has introduced the Corporate Management Accountability Act, which asks publicly traded companies to disclose policies on whether senior executives or shareholders bear the costs of paying the company’s fines and penalties.

Reed is introducing the legislation in the wake of several notable instances of negligent behavior by financial institutions - including Wells Fargo’s exploitation of its customers by opening unauthorized accounts and Equifax’s endangering millions of consumers by compromising critical personal information - that continue to undermine public confidence in the financial marketplace.

“Senior executives, many of whom are eager to take credit for a company’s good news, must also take more responsibility for the bad news, especially if it is true that the buck stops with them,” said Senator Reed, a senior member of the Senate Banking Committee. “For example, the Financial Crisis Inquiry Commission concluded ‘the financial crisis reached cataclysmic proportions with the collapse of Lehman Brothers,’ and yet, according to the Congressional Research Service, not a single senior executive officer at Lehman Brothers at the federal level was charged, went to jail, or personally paid a federal fine or penalty for the damage caused at Lehman Brothers that rippled through our economy in 2008. Companies must do a better job of aligning executive incentives so that they are motivated to put their shareholders, and not themselves, first.”

According to Professor Peter J. Henning, who writes for the White Collar Watch column for the New York Times: “A problem in holding individuals accountable for misconduct in an organization is the disconnect between the actual decisions and those charged with overseeing the company, so that executives and corporate boards usually plead ignorance about an issue until it is too late.”

The Corporate Management Accountability Act is one attempt at helping to solve this problem by asking publicly traded companies to disclose whether they expect senior executives or shareholders to pay the cost of corporate fines or penalties.

In the wake of the Wells Fargo scandal, Senator Reed questioned former Wells Fargo CEO John Stumpf during a Banking Committee hearing and pushed for answers as to why the bank opened up millions of fake bank accounts for customers. In August, after it was revealed that as many as 570,000 Wells Fargo customers may have been charged premiums for unwanted auto insurance they did not need, he joined his fellow committee members (Ranking Member) Sherrod Brown, Elizabeth Warren, and others in leading the call for a public hearing to review consumer rights violations by Wells Fargo.

In September, after Equifax revealed that unauthorized parties had obtained sensitive information such as Social Security numbers, addresses, and driver’s license numbers for as many as 143 million people, Senator Reed led a bipartisan group of 37 senators asking the Securities & Exchange Commission (SEC), the Department of Justice (DOJ), and the Federal Trade Commission (FTC) to investigate the sale of nearly $2 million in Equifax securities held by high-level Equifax executives shortly after the company learned of the massive cybersecurity breach. According to the New York Times, Equifax “increased its estimate on the number of Americans whose personal information was potentially exposed to 145.5 million, some 2.5 million more than it had previously disclosed.”

Rep. Royce Circulates Draft Bill to Modernize Anti-Money Laundering Laws

Source: House Representative Ed Royce (R-CA, 39th)

Washington, D.C. - September 14, 2017 (The Ponder News) -- U.S. Representative Ed Royce (R-CA), circulated draft legislation, the Anti-Money Laundering Modernization Act, which strengthens the United States anti-money laundering (AML) and countering terrorism financing (CTF) system. Rep. Royce is seeking comments from stakeholders and bipartisan support to move this bill forward.

“Our nation’s anti-money laundering and countering terrorism financing regime has been a 40-year work in progress and there is increasing recognition that it needs to be modernized,” said Rep. Royce. “The guiding principle of our anti-money laundering regime must be to protect the national security of the United States and our allies, as well as the integrity of the international financial system. In order to accomplish this end, our regulatory infrastructure must keep pace with the times. Criminal syndicates, rogue nations and terrorist networks are not sitting idly by, and neither can we.”

In July, Representatives Royce and Nydia Velázquez (D-NY) sent a letter to the Treasury Secretary with several recommendations for improving the U.S. AML regime. Several of their recommendations are contained in this draft legislation, including adjusting for inflation the thresholds for filing suspicious activity reports (SARs) and currency transaction reports (CTRs) which haven’t been updated since 1996 and 1972, respectively. Doing so would reduce the number of filings which now total over 55,000 per day and allow FinCEN to prioritize those of the highest law enforcement and national security consequence. The draft bill furthermore would expand the ability of financial institutions to share suspicious activity reports within their organization to improve enterprise-wide risk management and require the Treasury Department to improve qualitative feedback for financial institutions and Federal financial regulators on their AML/CTF efforts. Lastly, the legislation would improve FinCEN’s administrative rulings process and require Treasury to explore the potential for artificial intelligence, machine learning, and other technologies to help detect and prevent money laundering and terrorist financing.

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