Case Involves Familiar But Instructive Regulatory Findings
The New York Department of Financial Services (“NYDFS”) made clear last week that crypto companies can be held accountable for allegedly failing to comply with anti-money laundering (“AML”) / Bank Secrecy Act (“BSA”) regulations. Federal and certain State laws require crypto companies like Robinhood Crypto, LLC (“RHC”) to maintain effective AML programs, and to implement systems to identify suspicious activity and block illegal transactions on their platforms (which we have previously discussed, including here and here). On August 2, 2022, NYDFS announced that it entered a Consent Order penalizing RHC $30 million for alleged AML, cybersecurity and consumer protection violations. RHC also is required to retain an independent consultant to perform compliance assessments evaluating the Company’s remediation efforts.
This enforcement action is entirely consistent with the recent Guidance on Use of Blockchain Analytics issued by the NYDFS, directed to all virtual currency business entities that either have a NYDFS Bitlicense or are chartered as a limited purpose trust company under the New York Banking Law. As we have blogged, the Guidance emphasizes “the importance of blockchain analytics to effective [AML] policies, processes, and procedures, including, for example, those relating to customer due diligence, transaction monitoring, and sanctions screening.”
The Consent Order contains a litany of alleged AML deficiencies, many of which have figured prominently in other enforcement actions. We detail them below. From a BSA/AML perspective, the key focus – not surprisingly – was on the adequacy of RHC’s transaction monitoring systems. Again, the message is: written policies and programs may look great on their face, but actual execution is key. The adequate funding and staffing of compliance functions is also critical.
Continue Reading Crypto Compliance Matters: NYDFS Fines Robinhood $30M for Alleged AML, Cybersecurity, and Consumer Protection Violations