Categories
Blog

Infortal Worldwide Geopolitical Risk Intelligence 2023 Outlook: Part 2-ESG Intelligence

I recently had the opportunity to visit with, Chris Mason, VP Global Compliance & Investigations at Infortal Worldwide and Dr. Ian Oxnevad, Director, Geopolitical Risk at Infortal Worldwide for a sponsor podcast on Infortal Worldwide’s Geopolitical Risk Intelligence 2023 Outlook. Over this series we consider business intelligence, ESG intelligence, corruption intelligence, sanctions intelligence and supply chain intelligence. In today’s post, I will visit with Chris Mason, to consider why an ESG profile is an important business exercise. So join us as we dive into what ESG Intelligence is and how to optimize it!

ESG Intelligence is an important tool for ESG investors, as it provides access to a wide range of data and insights about companies and sectors that enable them to make more informed investment decisions. ESG Intelligence is designed to provide investors with a comprehensive view of the environmental, social, and governance performance of companies and sectors, allowing them to identify and assess risks and opportunities associated with potential investments. The data and insights provided by ESG Intelligence enable investors to better understand the potential impact of their investments in terms of sustainability and ethical considerations.

In addition, ESG Intelligence can help investors identify companies and sectors that are making progress towards sustainability and responsible investing goals. By providing investors with access to data and insights about ESG performance, ESG Intelligence enables them to make more informed decisions when it comes to evaluating and investing in companies and sectors that are demonstrating progress towards sustainable goals. By using ESG Intelligence, investors can have greater confidence in the investments they make and make more informed decisions that will benefit both their portfolios and the planet.

Here are the steps you need to follow:

1. Assessing your own company’s set of values as they relate to ESG

2. Building what you would expect to find in future partners or companies you’re looking to invest in

3. Setting what your ESG profile should look like and making an initial assessment of where you stand today.

1. Assessing your own company’s set of values as they relate to ESG.

Assessing your own company’s set of values as they relate to ESG begins with understanding the ESG landscape and the regulations and standards that are associated with it. Companies need to take a holistic approach to understand their exposure to environmental, social, and governance-related issues. This assessment should include an examination of the company’s current operations and any potential issues that may arise in the future. Companies should also consider their supply chain and how their actions may affect other stakeholders. In addition, they should consider the regulatory framework of the jurisdictions in which they operate, as well as any non-regulatory bodies, such as ISFR or SASB, which may have established standards for ESG. Once a company has a better understanding of their ESG profile, they can then better assess their exposure and make informed decisions about their operations and potential investments or acquisitions.

The next step in assessing your company’s set of values as they relate to ESG is to identify any gaps. Companies should look for areas where their current standards may not meet ESG standards, or where they may need to increase their focus. For example, if a company is operating in a jurisdiction where ESG regulations are not yet in place, they may need to consider increasing their focus on the environment and social issues. This can include assessing their own operations and supply chain for potential risks, as well as engaging with stakeholders to understand their expectations. Companies should also look for opportunities to improve their ESG profile, such as increasing transparency and reporting, or introducing new technologies and practices that are better aligned with ESG standards.

Finally, companies should develop a plan of action to address any identified gaps in their ESG profile. This should include a commitment to improving their standards and practices in line with ESG regulations and standards. It should also include a timeline and targets for achieving the desired outcomes. Companies can use this plan of action to demonstrate their commitment to ESG and to build trust with stakeholders. By taking the time to assess their own set of values as they relate to ESG and develop an action plan, companies can demonstrate that they are taking ESG seriously and are willing to make changes to become more sustainable.

2. Building what you would expect to find in future partners or companies you’re looking to invest in

Building what you would expect to find in future partners or companies you’re looking to invest in starts with assessing your own company’s set of values as they relate to ESG. This involves examining your company’s exposure to environmental, social, and governance issues. It is important to understand what your ESG profile looks like so that when partnering with larger companies or when engaging in Mergers and Acquisitions (M&A) activities, you can provide the necessary information to potential partners. Infortal can help guide you through this process and help you understand your exposure to potential ESG issues. Additionally, it is important to be aware of the current and upcoming regulations and standards, both domestically and internationally, to ensure that any disclosures made related to ESG issues are honest and accurate. Lastly, it is important to assess your current ESG profile to make changes as needed and to set goals for what your company’s profile should look like moving forward.

It is also important to consider the ESG profile of any potential partners or companies you’re looking to invest in. Understanding the ESG profile of a company can help you assess their overall risk and identify any potential ESG-related issues that may be of concern. At Infortal, we provide detailed analysis of a company’s ESG profile and can help you understand how the company is performing in terms of environmental, social, and governance factors. This can help you make an informed decision as to whether the company is a good fit for your own business.

Additionally, when engaging in M&A activities, it is important to be aware of the ESG standards and regulations of the target company. This includes understanding their current ESG policies, procedures, and standards and how they may affect the overall deal. Infortal can provide you with the necessary information to help you assess the target company’s ESG profile and ensure that you are in compliance with any applicable regulations. By understanding the current and upcoming ESG standards, you can better assess the risk of a potential deal and ensure that any disclosures made related to ESG issues are accurate and reliable.

3. Setting what your ESG profile should look like and making an initial assessment of where you stand today.

The third step in understanding a company’s ESG profile is setting what the profile should look like and making an initial assessment of where the company currently stands. This process begins by taking a holistic view of the company’s exposure to environmental, social, and governance issues. An important part of this is to identify any potential issues that could arise due to the company’s exposure to these ESG topics. After identifying these potential issues, companies should then set goals for their ESG profile and determine how they can achieve those goals.

This should include an evaluation of the current regulations and standards related to ESG, both domestically and internationally. Additionally, companies should also consider the potential regulations and standards that may come into effect in the future. Finally, it’s important to be honest and transparent when disclosing information about the company’s ESG profile, as this can be a key factor in determining the company’s overall business value. By taking these steps, companies can ensure that they have a comprehensive understanding of their ESG profile and can be better prepared for any future regulations or standards that may be implemented.

Once a company has set their ESG goals and identified potential issues, the next step is to make an initial assessment of where the company currently stands. This assessment should include an analysis of the company’s current performance in areas such as energy efficiency, waste management, carbon emissions, water usage, labor standards, and corporate governance. Companies should also consider the impact their operations have on the environment, local communities, and society. Additionally, companies should also examine the effectiveness of any existing ESG policies, procedures, and programs. This assessment should also identify any challenges or gaps that may exist in meeting ESG goals. By taking the time to properly assess the company’s current ESG performance, companies can better understand their strengths and weaknesses in this area and can better prepare for any changes or adjustments that may be needed to ensure they are meeting their ESG goals.

Once the initial assessment is complete, companies should then develop a plan of action for meeting their ESG goals. This plan should include specific goals, timelines, and actionable steps that the company can take. Additionally, companies should also consider the resources and capital needed to implement the plan, as well as any potential risks or challenges that may arise. Finally, companies should also track their ESG performance to ensure that they are meeting their goals. By taking these steps, companies can be better prepared to meet their ESG goals and stay ahead of any potential regulations or standards that may be implemented in the future.

Understanding ESG Intelligence is essential for investors and companies to make informed decisions about their investments and operations. In this blog post, we discussed how to assess, build, and set an ESG profile. We examined the importance of understanding the current regulations and standards from domestic and  international regulatory and non-regulatory bodies and how to make an initial assessment of where the company currently stands when it comes to ESG. With the right knowledge and tools, you can unlock the potential of your ESG profile and make well-informed decisions that will benefit your portfolio and the planet. Do not be intimidated by the regulations and standards associated with ESG – take the first step and unlock your ESG Intelligence today!

Join us tomorrow where we take up Corruption Intelligence.

Check out Chris on the Riskology by Infortal podcast here.

Categories
Daily Compliance News

Daily Compliance News: August 22, 2023 – The More Odebrecht Indictments Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

·       More Odebrecht indictments coming. (WSJ)

·       Guatemalan ABC President candidate wins in landslide.   (NPR)

·       Austrian PM arranged for internship for his son at PwC. (FT)

·       5th Circuit drops bar for workplace discrimination claims.  (Reuters)

Categories
Riskology

Infortal on Risk Intelligence Part 1: Global Risk with Chris Mason

In episode one of this five-part special, Tom Fox discusses risk intelligence from a geopolitical perspective. Guest Chris Mason explains the importance of risk assessment and analysis that companies must undertake when engaging in international business and the need for conducting due diligence based on open-source intelligence to uncover and mitigate hidden risks.

Chris Mason is with Infortal Worldwide, a global risk firm that provides due diligence services to support various risk types. Infortal Worldwide supports a lot of private equity investment, mergers and acquisitions, and any type of risk scenario a business may face.

 

  • It’s important to know who you’re doing business with at the executive level, especially in today’s market.
  • When entering into a new deal or merger with an individual or company, you need to take a holistic view of the track record of that company or individual. You have to do your due diligence to ensure that you’re not partnering with people engaged in unethical or illegal activity.
  • By conducting business due diligence, you learn who’s behind the companies you want to engage with and what their ideals and values are.
  • Most of the information Infortal gathers for its due diligence processes is available via the deep web. Chris emphasizes that to be able to obtain information for your research, you must have access to various digital tools and be able to use them effectively.
  • If a company gets its due diligence wrong, it can cost them exponentially. Chris uses the example of JP Morgan and the recent multi-million-dollar loss it suffered due to false information. Key investment decision-making should include open-source, intelligence-based due diligence to uncover and mitigate hidden risks.

KEY QUOTE

“When considering a new investment, you need to gain a deep understanding of who you’re doing business with.” – Chris Mason 

Resources

Infortal Worldwide | Email | Tel: 1.800.736.4999

Categories
Daily Compliance News

Daily Compliance News: August 21, 2023 – The Crypto Under Magnifying Glass Again Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

  • UK to put magnifying glass on crypto transfers. (WSJ)
  • The next frontier for corporate benefits? (NYT)
  • ABC ex-prosecutor surges in Guatemalan Presidential race. (WaPo)
  • Lithium batteries scrutinized under UFLPA. (Reuters)
Categories
Blog

Infortal Worldwide Geopolitical Risk Intelligence 2023 Outlook: Part 1-Business Intelligence

I recently had the opportunity to visit with, Chris Mason, VP Global Compliance & Investigations at Infortal Worldwide and Dr. Ian Oxnevad, Director, Geopolitical Risk at Infortal Worldwide for a sponsor podcast on Infortal Worldwide’s Geopolitical Risk Intelligence 2023 Outlook. Over this blogpost series we consider business intelligence, ESG intelligence, corruption intelligence, sanctions intelligence and supply chain intelligence. In today’s post, I will visit with Chris Mason, a veteran of the Department of Homeland Security as we consider the need for a business intelligence strategy.

Having a successful business intelligence strategy is essential to remain competitive in today’s market. It is important to have key components to ensure that the strategy is effective and efficient. The key components of a successful business intelligence strategy include data gathering, data analysis, data reporting, and data visualization.

Data gathering involves collecting data from various sources and storing them in a centralized repository. Data analysis then takes place to identify patterns, trends, and correlations in the data. Data reporting is then used to provide insights and recommendations on how to improve the efficiency and effectiveness of the business. Finally, data visualization helps to clearly present the analysis results to stakeholders and decision makers. With these key components in place, businesses can make informed decisions that align with their overall objectives.

Here are steps to follow:

  1. Collecting information from all of the different resources that are available (deep web, dark web, social media, etc.)
  2. Analyzing the risk profile of individuals that one plans to engage in business with or bring into a company.
  3. Weaving together a full holistic view of the profile of the individuals and companies involved with the deal.

Collecting information.

Collecting information from all the different resources that are available (deep web, dark web, social media, etc.) is an important first step to gathering risk intelligence from a geopolitical basis. The approach that Infortal takes is an open source, intelligence-based approach to analyzing the risk profile of individuals or new companies. This includes collecting information from the deep web, dark web, social media, litigation, criminal background, and potential sources. This data should be woven together to form a holistic view of the profile of the individuals and companies involved with the deal. The process of finding this information is complex and requires the use of tools and techniques to gain access to the information on the deep web, which is not indexed by search engines. This type of due diligence can help to save a business from making a mistake and prevent them from entering a deal with a company or individual that has a high-risk profile.

In addition to using the deep web and dark web to gather risk intelligence, Infortal also uses open-source intelligence (OSINT) to gain access to data. OSINT is a form of intelligence gathering that involves collecting publicly available data from various sources, such as news articles, social media posts, and other publicly available sources. OSINT can provide a wealth of information about a company, its operations, and its people, allowing Infortal to develop a more detailed risk profile. By combining OSINT with the data gathered from the deep web and dark web, Infortal can provide risk intelligence to companies and individuals that are looking to enter a transaction.

By combining the use of deep web and dark web data with open-source intelligence, Infortal can provide a comprehensive view of the risk involved in any deal. This helps to ensure that businesses and individuals can make informed decisions and can help them to avoid getting involved in any potentially damaging deals.

Analyzing the risk profile.

Analyzing the risk profile of individuals that one plans to engage in business with or bring into a company is one of the most important steps in business intelligence. This process involves collecting information from various sources such as the deep web, dark web, social media, litigation records, and criminal backgrounds. This type of research provides a holistic view of the track record and history of the individuals and companies involved with the deal. It is important to note that simply doing straightforward background checks or relying on gut feeling is not enough and companies must go deeper to get a better understanding of who they are dealing with. To do this, businesses must use open-source intelligence-based approaches to gather the necessary information. This type of due diligence can help to uncover any potential risks that may arise in the future and can help to establish trust between the parties involved. It can also provide assurance that the parties involved are trustworthy and can help to bring them together to make the deal.

By taking the time to analyze the risk profile of the individuals and companies involved in a business deal, businesses can take proactive steps to protect their investments. This includes taking measures to ensure that the parties involved have adequate legal and financial resources to complete their obligations and that they have a track record of successful business dealings. Additionally, it can also help to identify any potential conflicts of interest that could arise in the future. For example, if a party has a history of being involved in legal disputes, it is important to take the necessary actions to ensure that the deal does not create a conflict of interest. With a thorough risk profile analysis, businesses can make informed decisions about who they decide to work with and ensure that their investments are secure.

Weaving together a full holistic view.

To weave together a full holistic view of the profile of the individuals and companies involved with the deal, Infortal takes an open source, intelligence-based approach to collecting information from various sources. These sources include the deep web, dark web, social media, litigation, and criminal background checks. By utilizing all of these resources, you can gain a comprehensive understanding of the situation and identify any potential risks that could impact the deal. Additionally, it will provide assurance to parties involved in the deal that they can trust who they are doing business with. In the M&A space, this type of due diligence can bring parties closer together and provide an understanding of the true customer base of the company. Finally, you should obtain guidance on how to assess a company’s sanctions exposure and build a plan to mitigate potential risks.

You should also utilize predictive analytics services to help your organization predict stakeholder behavior. This helps companies to make more informed decisions when it comes to product design, pricing, and promotions. Additionally, predictive analytics can help companies identify new opportunities and customer segments that they may have otherwise overlooked. By leveraging the data and insights from such, organizations can gain an edge in the competitive M&A space.

In this blog post, we considered the key components of a successful business intelligence strategy. By gaining access to open-source intelligence, businesses can protect themselves from costly mistakes and ensure that they are complying with all regulations. You must understand the importance of who you are dealing with, the effects of sanctions on businesses, and how to assess a company’s sanctions exposure. You can now build a winning business intelligence strategy that takes all these factors into account. Take control of your risk mitigation and unlock the key to success!

Join us tomorrow where we take up ESG Intelligence.

Check out Chris on the Riskology by Infortal podcast here.

Categories
Adventures in Compliance

Adventures in Compliance – Leadership Lessons from the Adventure of The Speckled Band

Welcome to a review of all the Sherlock Holmes stories which are collected in the work, “The Adventures of Sherlock Holmes.” The appeared in the Strand Magazine from July 1891 to June 1892. Over 12 episodes, I will be reviewing each story and mine them for leadership, compliance and ethical lessons. In this episode, I consider “The Adventure of the Speckled Band” which was originally published in the Strand Magazine in February 1892 and was included in the collection of stories published as ‘The Adventures of Sherlock Holmes’.

Summary

The story begins with Miss Helen Stoner, a young woman obviously in distress, visiting Sherlock Holmes and Dr. Watson at 221B Baker Street. She is worried about her life, fearing that she might meet the same mysterious end that her twin sister, Julia, did two years prior. Julia’s dying words were about a “speckled band.”

Helen and Julia lived with their stepfather, Dr. Grimesby Roylott, the last survivor of a noble but financially ruined family, in Stoke Moran Manor in Surrey. Dr. Roylott is a doctor with a violent history and is known to keep exotic animals from India, such as a cheetah and a baboon, at their estate.

After hearing noises and seeing strange activities from her stepfather’s room, Helen suspects that her life is in danger, especially as she is now sleeping in the same room her sister did just before she died.

Sherlock Holmes and Dr. Watson travel to the Manor, examining the room where Julia died and the surrounding areas, including Dr. Roylott’s chamber. Holmes observes that the bed is clamped to the floor, a bell rope that doesn’t work, a vent that leads to Dr. Roylott’s room, and a saucer of milk. Putting the pieces together, he devises a plan to find out the truth.

Holmes and Watson camp out in Helen’s room that night, and they hear a low whistle and metallic noise. Suddenly, Holmes strikes out with his cane at the bell rope and a poisonous snake (the “speckled band”) drops onto the floor. Holmes forces the snake back through the vent, and it bites Dr. Roylott, who is found dead in his room.

In the end, Holmes explains how Dr. Roylott used the snake, trained to travel through the vent to the sound of a whistle, to kill Julia, and he had attempted the same with Helen. The motive was financial, as Dr. Roylott would have lost a significant amount of income from the girls’ mother’s estate if they married.

Leadership Lessons

1.         Attention to detail: Sherlock Holmes is known for his attention to detail, and this is evident in “The Adventure of the Speckled Band.” He solves the mystery by paying close attention to small details that others have overlooked. Leaders can learn from this by focusing on the details and not overlooking anything that could be important.

2.         Critical thinking: Holmes is a master of critical thinking, and this is demonstrated in the story as he analyzes the evidence and develops a theory to explain the mysterious events. Leaders can learn from this by developing their critical thinking skills and approaching challenges with a logical and analytical mindset.

3.         Empathy: Throughout the story, Holmes demonstrates a deep sense of empathy for the victim and her family, and he is determined to bring the culprit to justice. Leaders can learn from this by being empathetic and understanding towards their employees and by showing compassion for others.

4.         Adaptability: Holmes demonstrates his ability to adapt to changing circumstances and adjust his approach as needed. Leaders can learn from this by being flexible and open-minded, and by recognizing that there may be multiple solutions to a problem.

5.         Courage: Despite the danger involved, Holmes is determined to solve the case and bring the culprit to justice. Leaders can learn from this by being courageous and standing up for what is right, even in the face of challenges and obstacles.

6.         Communication skills: Throughout the story, Holmes effectively communicates with others, including Dr. John Watson and the victim’s family, to gather information and solve the case. Leaders can learn from this by developing their communication skills and being clear and concise in their interactions with others.

Resource

The New Annotated Sherlock Holmes

Categories
All Things Investigations

All Things Investigation: The Kitchen Sink Indictment

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, I am joined by HughesHubbardReed partners Kenyen Brown and Kevin Carroll as we continue to review the various indictments against former President Trump. In this episode, we look at the state court Indictment from Georgia.

The use of Racketeer Influenced and Corrupt Organizations (RICO) charges in the Georgia indictment against former President Trump is seen as a bold move by legal experts. The indictment includes a wide range of individuals at different levels of government, raising concerns about its sweeping scope and potential consequences. The conversation between Tom, Kenyen, and Kevin delves into the challenges and complexities of the election fraud trial, including the large number of defendants and potential disruptions in the proceedings. The podcast also discusses the difficulties faced by accounting prosecutors in bringing a case against the President and the importance of judicial restraint in maintaining order and fairness in the legal system. Overall, the podcast provides insights into the significance of the RICO charges, the concerns surrounding the Georgia indictment, and the challenges faced in prosecuting high-ranking officials.

Key Highlights

  • RICO Charges in Trump Indictment
  • Georgia Indictment: Bold and Daring Move
  • Challenges and Complexity of the Election Fraud Trial
  • Challenges in Prosecuting the President
  • Judicial Restraint and Building a Record in the Jan6 Indictment in DC

Resources

Hughes Hubbard & Reed website

Kenyen Brown bio

Kevin Carroll bio

Anti-Corruption and Internal Investigations Practice Group

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program: Day 15 – Employment Separation Issues and Compliance

Employment separation and layoffs can present some unique challenges for the compliance practitioner. Employees can use layoffs to claim that they were retaliated against for a wide variety of complaints, including those for concerns that impact the compliance practitioner. Yet there are several ways that operationalization will help to protect your company as much as possible.
The reasons for these actions are to allow you to demonstrate that any laid off employee was not separated because of a hotline or whistleblower allegation but due to your overall layoff scheme. However, it could be that you may need this person to provide your compliance department additional information, to be a resource to you going forward, or even a witness that you can reasonably anticipate the government may want to interview. If any of these situations exist, if you do not plan for their eventuality before you lay off the employee, said (now) ex-employee may not be inclined to cooperate with you going forward. Also, if you do demonstrate that you are sincerely interested in a meritorious hotline complaint, it may keep this person from becoming a SEC whistleblower.

Three key takeaways:

  1. Treat departing employees with dignity.
  2. Make sure your separation documents meet SEC requirements regarding disclosures re: whistleblowing.
  3. You must check your hotline and anonymous reporting systems to make sure you do not lay off a whistleblower.

For more information, check out The Compliance Handbook, 4th edition here.

Categories
FCPA Compliance Report

FCPA Compliance Report – Jonathan Wilson on Simplifying Corporate Transparency

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom Fox welcome Jonathan Wilson, lawyer and co-founder of the FinCEN Report Company which will simplify the process of filing beneficial ownership reports under the Corporate Transparency Act.

The Corporate Transparency Act, a bipartisan law passed in 2020 to combat corporate anonymity and money laundering in the US. The law requires companies to disclose personal information about individuals with ownership stakes or substantial control. The FinCEN Report Company offers an online filing engine for secure and easy report submission. This new tool facilitates collaboration between attorneys and clients, ensuring authorized access to information. The Corporate Transparency Act aims to protect the integrity of the financial system and prevent illicit activities by creating a database accessible to banks and law enforcement. Although the law’s implementation has been delayed, businesses need to prepare for initial beneficial ownership reports. The law is crucial in combating money laundering globally, aligning the US with Western Europe in anti-money laundering efforts and promoting international cooperation.

 Key Highlights

·      The FinCEN Report: Simplifying Corporate Transparency

·      Corporate Transparency Act and Law Firm Collaboration

·      Corporate Transparency Act Implementation

·      Challenges of Identifying Beneficial Owners

·      The Corporate Transparency Act: Combating Money Laundering

Resources

Jonathan Wilson on LinkedIn

The FinCEN Report Company

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Corruption, Crime and Compliance

Corruption, Crime, and Compliance: Matt Stankiewicz on The Ripple Decision and Indictment Against Celsius Networks’ CEO

According to critics, there are a lot of gray areas surrounding compliance and the SEC’s position on cryptocurrency regulations. Such uncertainty poses challenges for legitimate crypto projects and creates room for fraudulent activities to thrive. Such is the case for Ripple and Celsius, two recent controversies making waves in the crypto world.

Matt Stankiewicz is a Managing Counsel at The Volkov Law Group. His expertise includes financial regulation and compliance, with a focus on securities, anti-money laundering (AML), and cryptocurrency regulation. Given his professional background and interest in crypto regulations, he is a frequent speaker on legal matters concerning cryptocurrency exchanges and the SEC.

 

You’ll hear Michael and Matt discuss:

  • The SEC faces criticism for its unclear stance on cryptocurrency regulations. Such uncertainty poses challenges for legitimate crypto projects and creates room for fraudulent activities to thrive.
  • The Ripple case offers a complex view into how cryptocurrencies are perceived legally. While some sales of XRP tokens were considered securities, others weren’t, a distinction that has sent ripples through the crypto world. The case’s broader implications, especially with the SEC’s decision being appealed, hold immense importance for other companies in similar situations.
  • Bad actors can exploit innovative technologies and make things worse for everyone else. With the CEO and CRO of Celsius charged with fraud and numerous questionable practices coming to light, the importance of stringent regulations and monitoring becomes abundantly clear. 
  • Strong compliance programs serve as bulwarks against fraudsters and those under sanctions, ultimately safeguarding both the platform and its users. However, regulating an asset as novel and dynamic as cryptocurrency is no easy feat. Critics claim the SEC’s approach leans more toward enforcement than establishing clear rules.
  • Matt underscores the importance of erecting a sturdy compliance structure within the cryptocurrency industry. He emphasizes that such programs are not just regulatory measures but critical tools to ward off fraudsters and maintain the industry’s reputation.

 

KEY QUOTES

“[Crypto] is a brand new asset. It’s virtually impossible to pigeonhole it to any other kind of real-world asset right now.” – Matt Stankiewicz

 

“Don’t cripple the good projects because there’s some bad people out there.” – Matt Stankiewicz

 

“The SEC just says, well, ‘You should know. You’ve got to figure it out; we’re not your attorneys.’ Which is fair in some regard, right? But that said, it’s not helpful. The SEC needs to provide some kind of guidance here.” – Matt Stankiewicz

 

Resources

Matt Stankiewicz on LinkedIn

Email: mstekwitz@volkofflaw.com