This article was provided by HedgeOp Compliance, an IMS Group Company (both are now Cordium).
Anti-money laundering (AML) procedures, already in existence, were further enhanced by the US Patriot Act enacted by Congress in 2001 to amend the Bank Secrecy Act (BSA), initially adopted in 1970. The US Patriot Act requires financial institutions to establish AML programs to decrease terrorism funding and money laundering activities.
As the financial global market continues to expand, regulatory monitoring and reform also continues to grow. As a result of the regulatory changes following the Dodd-Frank Act, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN), is now working on a proposed rule that would call for investment advisers to implement AML programs – much like other financial institutions are already required to do. FinCEN’s proposal, which should be made public in early 2013, will also require investment advisers, including hedge funds, to file Suspicious Activity Reports (SARs); these filings outline details of any suspected illegal activity and suspicious or unusually large transactions. The goal is for investment advisers to assist government agencies in preventing and detecting money laundering activities; these activities could potentially include insider trading and financial schemes.
Developing an AML Program
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