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Dec 19 (Reuters) - U.S.-based manufacturer Honeywell International Inc (HON.O) on Monday said it has agreed to pay about $200 million to settle criminal and civil corruption investigations in the United States and Brazil. Those bribes involved Monaco-based oil consultancy Unaoil, which has previously been charged by global authorities over a 17-year scheme to pay bribes to officials in nine countries. About $160 million of the total amount Honeywell said it will pay will go to pay U.S. civil and criminal penalties. Later on Monday, Brazil's government confirmed Honeywell's statement by saying the company would pay about 638 million reais ($120 million) to settle the case, with around 70% destined for Petrobras. Honeywell agreed to pay another $81 million civil penalty to resolve the SEC's charges, though almost half is expected to be offset by payments made to Brazilian authorities, the SEC said.
Companies Honeywell International Inc FollowDec 19 (Reuters) - Manufacturer Honeywell International Inc. (HON.O) on Monday said it has agreed to pay about $200 million to settle criminal and civil corruption investigations related to bribery schemes in the United States and Brazil. The SEC charges also relate to payments Honeywell's Belgian subsidiary made to an Algerian government official in 2011. Those bribes involved Monaco-based oil consultancy Unaoil, which has previously been charged by global authorities over a 17-year scheme to pay bribes to officials in nine countries. About $160 million of the total amount Honeywell said it will pay will go to U.S. civil and criminal penalties. Honeywell agreed to pay another $81 million civil penalty to resolve the SEC's charges, though almost half is expected to be offset by payments made to Brazilian authorities, the SEC said.
The announcement from the U.S. accounting watchdog removes the risk that around 200 Chinese companies, including Alibaba (BABA.N), could be kicked off U.S. stock exchanges. "This falls into the category of a game changing view of Chinese companies because the threat of their delisting seems to have been eliminated." Washington and Beijing reached a landmark deal in August to settle a long-running dispute over auditing compliance of U.S.-listed Chinese firms. Authorities in China have long been reluctant to let overseas regulators inspect local accounting firms, citing national security concerns. U.S. lawmakers in 2020 agreed to legislation that would oust Chinese companies from U.S. stock exchanges unless they adhere to American auditing standards.
"This falls into the category of a game changing view of Chinese companies because the threat of their delisting seems to have been eliminated," said Art Hogan, chief market strategist at B. Riley Financial. However, the relief was not seen in Thursday's trading for U.S.-listed shares of Chinese companies, which were higher amid the news, but gave up gains and some ended sharply lower. Washington and Beijing reached a landmark deal in August to settle a long-running dispute over auditing compliance of U.S.-listed Chinese firms. Authorities in China have long been reluctant to let overseas regulators inspect local accounting firms, citing national security concerns. U.S. lawmakers in 2020 agreed to legislation that would oust Chinese companies from U.S. stock exchanges unless they adhere to American auditing standards.
Now, with the fraud charges filed earlier this week against Sam Bankman-Fried, the founder of the bankrupt FTX exchange, Williams has further solidified his office's growing role in prosecuting financial crimes involving cryptocurrency, according to interviews with a half-dozen former prosecutors. Bankman-Fried, 30, has acknowledged risk management failures at FTX but said he does not believe he has criminal liability. In the wake of Bankman-Fried's arrest, Williams has made clear he would plow on with cryptocurrency enforcement. On Wednesday, he announced wire fraud conspiracy charges against the founders of two separate cryptocurrency mining and trading companies he called Ponzi schemes. On Tuesday, Williams told reporters more charges in the FTX probe were possible.
[1/2] The seal of the U.S. Securities and Exchange Commission (SEC) is seen at their headquarters in Washington, D.C., U.S., May 12, 2021. "Securities fraud victimizes innocent investors and undermines the integrity of our public markets,” said Assistant Attorney General Kenneth Polite of the Justice Department's Criminal Division. His attorney did not respond immediately to a request for comment. Rybarczyk and Deel did not respond immediately to requests for comment. Reporting by Chris Prentice and Nate Raymond; Editing by Mark Porter and Lisa ShumakerOur Standards: The Thomson Reuters Trust Principles.
Lawmakers are generally in agreement that crypto firms should have greater regulation, but there are divergent views on how the industry should be regulated. U.S. prosecutors on Tuesday charged FTX founder Sam Bankman-Fried with money laundering and fraud, among other violations. "It is time for Congress to make the crypto industry follow the same money-laundering rules as everyone else," U.S. She and Republican Senator Roger Marshall from Kansas earlier announced legislation aimed at closing money laundering loopholes in the crypto industry. Without U.S. regulation, the value of crypto investments could disappear, said hearing witness and American University law professor Hilary Allen.
Factbox: Major cryptocurrency cases probed by U.S. authorities
  + stars: | 2022-12-14 | by ( ) www.reuters.com   time to read: +5 min
BITMEX EMPLOYEESEmployees of BitMEX, including the cryptocurrency exchange's founders, pleaded guilty this year to willfully failing to establish, implement and maintain programs to prevent money laundering. The firm's cofounders pleaded guilty in federal court in New York and each agreed to pay a $10 million criminal fine. Another of the firm's employees also pleaded guilty, and agreed to a $150,000 fine. ONECOIN LTDIn 2019, U.S. authorities charged the alleged leaders of a multibillion-dolar pyramid scheme involving a fraudulent cryptocurrency called OneCoin. After a six-month court battle, Telegram agreed to pay an $18.5 million civil penalty and return $1.2 billion to investors.
U.S. SEC advises public companies on disclosing crypto impacts
  + stars: | 2022-12-08 | by ( ) www.reuters.com   time to read: +1 min
WASHINGTON, Dec 8 (Reuters) - The U.S. securities regulator on Thursday warned public companies to examine whether they need to disclose to investors any potential impacts from recent market volatility and bankruptcies in the cryptocurrency industry. In guidance to public companies, the Securities and Exchange Commission (SEC) detailed information that businesses may be required to share with their investors, including whether the firms have any financially material exposures to counterparties that have filed for bankruptcy or become insolvent. Public companies are already required by law to disclose financially material information to investors, but the SEC frequently issues guidance to firms about how they should address exposure to major events. Thursday's guidance comes after months of turmoil in crypto markets and the recent collapse of major crypto firms FTX and BlockFi Inc. Reporting by Chris Prentice in Washington Editing by Matthew LewisOur Standards: The Thomson Reuters Trust Principles.
"We've made it clear that we want Sam at our hearing on Dec. 13. If he does not cooperate, then we are prepared to subpoena," Waters said in an interview in the U.S. Capitol. The crypto exchange filed for bankruptcy last month after a liquidity crisis that saw at least $1 billion of customer funds vanish. She declined to say whether Bankman-Fried would be required to appear in person or could testify by video link. Reporting by David Morgan; Additional reporting by Chris Prentice; Editing by Megan Davies and Daniel WallisOur Standards: The Thomson Reuters Trust Principles.
Dec 8 (Reuters) - The U.S. securities regulator on Thursday advised public companies to examine whether they need to disclose to investors any potential impacts from turmoil in the cryptocurrency industry. In guidance to public companies, the SEC laid out information businesses may have to share with their investors, including whether the firms have any financially material exposures to counterparties that have filed for bankruptcy or become insolvent. The guidance applies to any public companies that have exposure to the recent ructions in crypto. Publicly traded firms are already required by law to disclose financially material information to investors, but the SEC frequently issues more specific guidance about how they should address risks from major events. Public firms should be prepared to share with investors any risks from disruptions in crypto asset markets, including depreciated stock prices, loss of customer demand and risk of legal proceedings, the guidance said.
Dec 6 (Reuters) - A U.S. agency tasked with overseeing the audits of public companies on Tuesday said it imposed $7.7 million in fines and sanctioned three firms across KPMG's global network for violations of professional auditing standards, quality control standards and other rules. The companies are all member firms of KPMG, known as one of the "Big Four" accounting firms, which also include Deloitte & Touche LLP, Ernst & Young LLP and PricewaterhouseCoopers LLP. Larry Bradley, global head of audit at KPMG, acknowledged the PCAOB's findings and said the firm "remains committed globally to the highest standards of quality and integrity." The PCAOB also barred or suspended four KPMG auditors from participating in public company audits. Reporting by Chris Prentice; editing by Jonathan Oatis, Aurora Ellis and Leslie AdlerOur Standards: The Thomson Reuters Trust Principles.
[1/2] The logo of FTX is seen at the entrance of the FTX Arena in Miami, Florida, U.S., November 12, 2022. Ellison, who ran trading firm Alameda Research, has hired Washington-based law firm Wilmer Cutler Pickering Hale and Dorr to represent her, a source familiar with the matter told Reuters. Semafor previously reported Mills' advisory work for Bankman-Fried. FTX secretly transferred customer funds to its affiliate Alameda Research to fill a shortfall at the crypto trading firm, Reuters has previously reported. The Wall Street Journal has previously reported that Ellison and senior FTX officials knew the crypto exchange had dipped into its customer funds to help Alameda meet liabilities.
Bankman-Fried has retained Cohen, of Cohen & Gresser, Bankman-Fried's spokesperson Mark Botnick said in an emailed statement. In recent weeks, U.S. authorities have sought information from investors and potential investors in FTX, according to two sources with knowledge of the requests. Federal prosecutors in New York are asking for details on any communications such firms have had with the crypto firm and its executives, including Bankman-Fried, the sources said. The Securities and Exchange Commission has been asking for similar information from investors as well, one of the sources said. "I didn't ever try to commit fraud," Bankman-Fried said, adding that he doesn't personally think he has any criminal liability.
The proposed principles detailed expectations for banks with more than $100 billion in assets to incorporate financial risks related to climate into their strategic planning. Those financial impacts "pose an emerging risk to the safety and soundness of financial institutions and the financial stability of the United States," the Fed said. The Fed's plan would require banks to consider climate-related financial risks in their audits and other risk management and add climate-related scenario analysis to traditional stress testing. Fed Governor Christopher Waller dissented against Friday's proposal, raising the question of whether it poses a serious risk to large banks' soundness or U.S. financial stability. "The Federal Reserve conducts regular stress tests on large banks that impose extremely severe macroeconomic shocks and they show that the banks are resilient."
WASHINGTON, Dec 2 (Reuters) - The U.S. Federal Reserve on Friday proposed new guidance for how large banking institutions manage climate-related financial risks, in line with proposals from other key financial regulators. The proposed principles detailed expectations for banks with more than $100 billion in assets to incorporate financial risks related to climate into their strategic planning. Issuance of the proposal for public comment was approved in a 6-1 vote of the Fed Board of Governors, with Governor Christopher Waller dissenting. Reporting by Chris Prentice; Editing by Andrea RicciOur Standards: The Thomson Reuters Trust Principles.
WASHINGTON, Dec 1 (Reuters) - The U.S. Commodity Futures Trading Commission (CFTC) chairman Rostin Behnam told lawmakers on Thursday that he met with former FTX chief executive officer Sam Bankman-Fried 10 times to discuss the company's clearing house application. Behnam said he and his team met with Bankman-Fried and his FTX team 10 times over the past 14 months in addition to follow-up calls and messages. "We were doing what we were required to do by law," he said during a Senate hearing into the FTX collapse. Reporting by Chris Prentice and Hannah LangOur Standards: The Thomson Reuters Trust Principles.
Companies Us Justice Department FollowWASHINGTON, Dec 1 (Reuters) - The U.S. Justice Department is considering new guidance for corporations on employees' use of messaging applications and personal devices, as widespread use can thwart compliance and investigations. Currently, the Justice Department considers whether companies that allow use of disappearing messaging apps are regularly examining their compliance on records retention. The U.S. Securities and Exchange Commission (SEC) separately has been scrutinizing how Wall Street firms are handling work-related communications on personal devices and apps such as WhatsApp. The Justice Department is also considering whether it needs to offer more guidance on how prosecutors weigh a company's executive clawback policies in investigations into corporate misconduct, Argentieri said. The Justice Department under President Joe Biden has already detailed a number of policy changes aimed at more aggressive policing of corporate wrongdoing.
WASHINGTON, Dec 1 (Reuters) - The U.S. Justice Department's criminal division is weighing issuing additional guidance for corporations on employees' use of personal devices and third-party messaging applications, a top official said on Thursday. The agency is also considering whether it needs to offer more guidance on how prosecutors weigh a company's executive clawback policies in investigations into corporate misconduct, said Nicole Argentieri, Deputy Assistant Attorney General for the agency's criminal division. Reporting by Chris PrenticeOur Standards: The Thomson Reuters Trust Principles.
The FOIA request sought, among other things, communications between SEC Chair Gary Gensler and various stakeholders involved in retail stock trading. Cifu has said Virtu may sue the SEC over potential rule changes Gensler outlined in June. Agencies legally have 20 days to respond to FOIA requests, but are not required to provide all responsive documents within that time frame. FOIA requests do not always yield substantive responses and can have lengthy waiting periods. Virtu is represented by law firm Paul, Weiss, Rifkind, Wharton & Garrison, where Cifu previously worked as a lawyer.
The licenses gave FTX access to U.S. commodities derivatives markets as a regulated exchange. FTX also saw its regulatory status as a way of luring new capital from major investors, the documents show. “FTX has the cleanest brand in crypto,” the exchange proclaimed in a June document presented to investors. According to the document, FTX told the regulator it did not have the same issues as products from other providers that the agency had investigated. "We confirmed these were solely rewards based and do not involve lending (or other use) of the deposited crypto," FTX wrote.
The licenses gave FTX access to U.S. commodities derivatives markets as a regulated exchange. FTX also saw its regulatory status as a way of luring new capital from major investors, the documents show. “FTX has the cleanest brand in crypto,” the exchange proclaimed in a June document presented to investors. According to the document, FTX told the regulator it did not have the same issues as products from other providers that the agency had investigated. "We confirmed these were solely rewards based and do not involve lending (or other use) of the deposited crypto," FTX wrote.
Jennifer Schulp, a director at the libertarian think tank Cato Institute, said the Republicans' unexpectedly tight margin of control in the House will not prompt them to tone down their rhetoric. 'REGULATORY EXUBERANCE'Patrick McHenry, a North Carolina Republican in line to lead the House Financial Services Committee in the new Congress, said in an emailed statement to Reuters before the election that Biden's administration "is pushing its agenda through financial regulators because they don’t have the votes to pass it in Congress." "Committee Republicans will work together to conduct appropriate oversight of activist regulators and market participants who have an outsized impact," McHenry said. "The appropriations process in the House will be a messaging exercise, and it's less worrisome since the Democrats will have the Senate," McGannon said. While those Senators will not be in the majority, House Republicans have also criticized companies on ESG-related matters.
Nov 16 (Reuters) - Crypto lender Genesis Global Capital suspended customer redemptions on Wednesday, citing the sudden failure of crypto exchange FTX, while court papers showed FTX founder Sam Bankman-Fried faces legal action. After a flurry of tweets and interviews by Bankman-Fried, FTX said he "has no ongoing role" at the company and does not speak on its behalf. LEGAL ACTIONMeanwhile, U.S. court filings showed Bankman-Fried is facing legal action in the United States from investors alleging the company's yield-bearing crypto accounts violated Florida law. U.S. and Bahamian authorities were discussing the possibility of bringing Bankman-Fried to the United States for questioning, Bloomberg reported on Tuesday. Elsewhere, crypto exchange Binance said it had not contributed to FTX's collapse, in a response to a hearing on the crypto industry by a British parliamentary committee.
HONG KONG/WASHINGTON, Nov 16 (Reuters) - U.S. regulators gained "good access" in their review of auditing work done on New York-listed Chinese firms during a seven-week inspection, four sources with knowledge of the matter said - a key step forward in resolving a long-standing bilateral dispute. Inspectors with the Public Company Accounting Oversight Board (PCAOB) conducting the inspection in Hong Kong gained all the information they requested, one of the sources said. They were also allowed to print out some documents to more easily review information despite some initial hesitancy from Chinese officials, the source said. Authorities in China have long been reluctant to let overseas regulators inspect local accounting firms, citing national security concerns. Reporting by Xie Yu and Julie Zhu in Hong Kong, Chris Prentice in Washington; Editing by Sumeet Chatterjee and Edwina GibbsOur Standards: The Thomson Reuters Trust Principles.
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