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All Things Investigations

All Things Investigations – FinCEN’s Recent Actions: Existential Threat for Financial Institutions in Mexico

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox welcomes back Jeremy Paner and Diego Durán de la Vega to discuss recent FinCEN enforcement actions targeting three Mexican financial institutions. The conversation explores the implications of these actions under the Fend Off Fentanyl Act, the evolving regulatory landscape, and the existential risks facing financial institutions operating in Mexico. The guests provide practical compliance guidance, lessons learned, and a forward-looking perspective on U.S. enforcement trends.

Highlights include:

  • Why These Enforcement Actions Matter
  • The Fend Off Fentanyl Act: A New Legal Tool
  • U.S. Government Focus on Mexico
  • Lessons from OFAC Enforcement
  • Compliance Implications for Financial Institutions
  • Responding to Enforcement: Practical Steps
  • Global Jurisdiction and the U.S. Financial System
  • Key Lessons for Compliance Officers
  • Looking Ahead: Future Enforcement Trends

Key Takeaways for Compliance Professionals:

  • The Fend Off Fentanyl Act introduces new, immediate risks for financial institutions, especially those with ties to Mexico.
  • U.S. enforcement actions can have global reach, severing access to the U.S. financial system.
  • Compliance programs must be robust, proactive, and responsive to regulatory advisories and negative media.
  • Effective communication between compliance and legal functions is crucial for mitigating risk.

Resources:

Hughes Hubbard & Reed website

Jeremy Paner

Diego Durán de la Vega

Categories
All Things Investigations

All Things Investigations – Terrorism Designations of Mexican Cartels Fundamentally Enhances Risk for All Companies

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. In this podcast, host Tom Fox is joined by Jeremy Paner and Diego Durán de la Vega to discuss the designation of cartels and other actors in Mexico as foreign terrorist organizations and what this means for US businesses.

This episode considers the significant compliance regulation changes affecting US domestic and Mexican companies. The focal point is the recent designation of cartels and their members as Foreign Terrorist Organizations (FTO) and/or Specially Designated Global Terrorists (SDGT). Unlike in the past, where counter-narcotics sanctions had a limited impact on day-to-day business operations, these new rules introduced a different risk landscape. The spotlight is not simply on the widely-publicized foreign terrorist organizations but rather on the lesser-known yet impactful, specially designated global terrorist (SDGT) actions. These SDGT designations empower the US Treasury’s terrorist finance tracking program, effectively increasing surveillance on Mexican payments, thus posing new challenges and risks for domestic companies.

Key highlights:

  • Introduction to New Rules Impacting US Companies
  • Impact on Domestic Mexican Companies
  • Terrorism Designations and Their Implications
  • Treasury’s Terrorist Finance Tracking Program

Resources:

Jeremy Paner

Diego Durán de la Vega

Hughes Hubbard & Reed website

Designation of Criminal Cartels as Foreign Terrorist Organizations Increases Compliance Risks for Companies (US or Not) Operating in Mexico and Greater Latin America