DHS Releases Report Addressing Security Threats in Ag Tech

DHS Releases Report Addressing Security Threats in Ag Tech

The Department of Homeland Security (DHS) recently released a report entitled “Threats to Precision Agriculture” regarding Ag Tech. The report addresses the security threats related to the adoption and impact of new digital technologies in crop and livestock production, highlights the potential vulnerabilities arising from using precision agriculture, identifies potential threat scenarios, and possible best

SEC: Cybersecurity Procedures Must be Reasonably Designed to Fit Specific Business Models

SEC: Cybersecurity Procedures Must be Reasonably Designed to Fit Specific Business Models

The Securities and Exchange Commission recently announced that a Des Moines-based broker-dealer and investment adviser has agreed to pay $1 million to settle charges related to its failures in cybersecurity policies and procedures surrounding a cyber intrusion that compromised personal information of thousands of customers. This is the latest SEC action demonstrating that cybersecurity must be tailored to the practices of the business.

The SEC charged Voya Financial Advisors Inc. (VFA) with violating the Safeguards Rule and the Identity Theft Red Flags Rule, which are designed to protect confidential customer information and protect customers from the risk of identity theft.  This is the first SEC enforcement action charging violations of the Identity Theft Red Flags Rule.

CFTC Dealt Blow in Retail Commodity Transactions Case

CFTC Dealt Blow in Retail Commodity Transactions Case

On Tuesday, a Central District of California court dismissed the CFTC’s complaint against Monex Credit Company, et al., 17-01868, rejecting the CFTC’s controversial “actual delivery” argument set forth in CFTC v. Hunter Wise Commodities, LLC, 749 F3d 967, 970 (11th Cir. 2014). The CFTC, argued that Monex allegedly failed to actually deliver precious metals to its customers because the

CFTC Charges New Yorker in Binary Option CPO Fraud

CFTC Charges New Yorker in Binary Option CPO Fraud

Recently, the CFTC filed an action against Kevin Scott Antonovich alleging from September 2015 through August 2016 he fraudulently solicited and received approximately $284,000 from at least 154 pool participants in connection with pooled investments in off-exchange binary options, using the funds for his personal use, and making false and misleading representations to pool participants. A

Kennyhertz Perry, LLC Welcomes Jon R. Dedon

Kennyhertz Perry, LLC Welcomes Jon R. Dedon

Kennyhertz Perry, LLC is excited to welcome attorney Jon R. Dedon to the firm.  Jon has devoted his career to appellate, real estate, corporate, and transactional law, and has substantial litigation experience in professional liability, employment, and commercial litigation. He has defended numerous products liability, consumer protection, and discrimination lawsuits, and has represented clients ranging from small

Braden Perry Discusses ICO Regulation and the SEC

Braden Perry Discusses ICO Regulation and the SEC

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the complex issue of Initial Coin Offering (“ICO”) compliance and the SEC’s recent regulatory crackdown with Forbes. “The regulatory treatment is still unclear for cryptocurrency, including at the ICO stage.” He continues,  “It seems as if

SEC Issues Wave of Subpoenas in ICO Probe

SEC Issues Wave of Subpoenas in ICO Probe

The Securities and Exchange Commission (SEC) is going after the Initial Coin Offering (ICO) market, according to a report by the Wall Street Journal. The report stated that the SEC issued “scores of subpoenas and information requests” to entities associated with ICO projects. Led by former CFTC Senior Trial Attorney Braden Perry, Kennyhertz Perry attorneys regularly

CFTC Sues and Settles with AMP Global Clearing over Cybersecurity Failures

CFTC Sues and Settles with AMP Global Clearing over Cybersecurity Failures

The Commodity Futures Trading Commission (CFTC) today issued an Order filing and simultaneously settling charges against AMP Global Clearing LLC, a registered FCM, for its failure to diligently supervise the implementation of critical provisions in AMP’s information systems security program (ISSP). As a result of this failure, a significant amount of AMP’s customers’ records and information

2018 SEC Examination Priorities: Anti-Money Laundering Programs

2018 SEC Examination Priorities: Anti-Money Laundering Programs

The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) today announced its 2018 examination priorities. OCIE publishes its exam priorities annually to improve compliance, prevent fraud, monitor risk, and inform policy. Of particular interest this year will be matters involving critical market infrastructure, duties to retail investors, and developments in cryptocurrency, initial coin offerings, and secondary market trading.

This year, one of the five OCIE’s examination priorities is anti-money laundering programs. Examiners will review for compliance with applicable anti-money laundering requirements, including whether firms are appropriately adapting their AML programs to address their regulatory obligations.

Led by Certified Anti-Money Laundering Specialist (CAMS) Braden Perry, Kennyhertz Perry attorneys have broad BSA/AML experience across the spectrum of bank and non-bank financial institutions, including traditional chartered banks, broker-dealers, commodity trading advisors, money transmitters, non-bank lenders, and virtual currency businesses. We are experienced in counseling and drafting BSA/AML practices, policies, and procedures and can assist in any SEC examination or annual BSA/AML independent audit. Our combined knowledge and skill permits us to anticipate potential problems before they become serious issues and assist clients in responding effectively to regulatory and law enforcement criticisms or inquiries.

Kennyhertz Perry regularly counsels lenders, investment advisers, broker-dealers, and fund managers on the laws, rules, and regulatory developments affecting their business, including regulatory requirements, risk management, licensing and registration, sales and marketing practices and materials, manuals and training, day-to-day compliance.