CFTC Issues Pump-and-Dump Virtual Currency Advisory

CFTC Issues Pump-and-Dump Virtual Currency Advisory

The Commodity Futures Trading Commission (CFTC) warned the public to beware of and avoid pump-and-dump schemes that can occur in thinly traded or new “alternative” virtual currencies, digital coins or tokens. These pump-and-dump schemes are generally anonymous and are organized in public chat rooms or via mobile messaging apps. They are coordinated efforts to create

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.

Kennyhertz Perry Named One of the 20 Best Litigation Firms in Kansas City

Kennyhertz Perry Named One of the 20 Best Litigation Firms in Kansas City

For the second straight year, Kennyhertz Perry, LLC was named one of the “20 Best Litigation Firms in Kansas City” by the Expertise.com. Kennyhertz Perry is a business, regulatory, government compliance, and litigation law firm representing companies and individuals in highly-regulated industries, bringing a unique mix of top law firm expertise, practical experience, and pragmatic business solutions.

FBI Cyber Division Warns Cyber Hacktivists Targeting Data-Extraction Companies

FBI Cyber Division Warns Cyber Hacktivists Targeting Data-Extraction Companies

Today, the Federal Bureau of Investigation, Cyber Division released Private Industry Notification (PIN) 180110-001 regarding the targeting of individuals, companies, law enforcement agencies, and government officials by Hacktivists through doxing and other means to promote their ideologies. . The alert was released as TLP: Green and the details, including useful information for protection from doxing,

FBI Cyber Division Warns Recent WannaCry Attribution Demonstrates Persistent Targeting

FBI Cyber Division Warns Recent WannaCry Attribution Demonstrates Persistent Targeting

Today, the Federal Bureau of Investigation, Cyber Division released Private Industry Notification (PIN) 171228-001 regarding the public attribution of the WannaCry malware outbreak to North Korea Cyber actors and details surrounding the threat these actors pose to U.S. private industry. The alert was released as TLP: Green and the details, including useful information for potential

Looking Back: Bitcoin in 2013

Looking Back: Bitcoin in 2013

Back when Bitcoin was generally unknown and trading for less than $1,000, Kennyhertz Perry, LLC was featured in the Kansas City Business Journal as embracing the technology and accepting cryptocurrency as payment for legal services.  We were early adopters of the technology, and our clients saw the benefit.  We continue to represent clients in setting

Carpenter v. U.S. and the Privacy of Cellphone Location Data

Carpenter v. U.S. and the Privacy of Cellphone Location Data

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the Supreme Court case Carpenter v. U.S., and the privacy of cellphone location data with biggerlawfirm.com, a publication that reports on legal tech news. “The amount of data “voluntarily” given to third parties is significant,”

CFTC Sues Another “Trading Strategy and Systems” Scheme

CFTC Sues Another “Trading Strategy and Systems” Scheme

The Commodity Futures Trading Commission (CFTC) obtained a Consent Order against SchoolofTrade.com (SoT), in connection with the offer and sale of futures trading strategies and systems. The Defendants allegedly: 1) touted the profitability of SoT’s trading strategies and systems and claimed hundreds of thousands of trading profits earned every year when, in fact, none of

Regulatory Change for Firearms and Legalized Marijuana

Regulatory Change for Firearms and Legalized Marijuana

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, recently spoke of the regulatory change in both firearm laws and legal marijuana laws for National Business Institute. The series of presentations included: “Gun Law in Kansas;” “Legalized Marijuana Law;” “State and Federal Firearms Laws: What