You are here

compliance

Volcker Rule Faces Key Challenge Today

Five regulatory agencies are going to be voting today on the Volcker rule, which limits the ability of banks to invest in hedge funds or trade the money they hold for their own gain, The New York Times reports. Meanwhile, "lobbyists for Wall Street banks and business trade groups," including the U.S. Chamber of Commerce, are hinting that they will litigate to undercut the rule, The Times further reports.

At the same time as the financial sector plans to fight the rule to some extent, "Wall Street is also throwing resources into compliance.  Banks are writing new compliance manuals, training their traders and rewriting computer programs that effectively automate whether a trade is out of bounds under the Volcker Rule," The Times also reports.

The five agencies are the Federal Reserve, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation and the Comptroller of the Currency.

Legal Troubles Far From Over For JPMorgan

Even though JP Morgan agreed to pay nearly $1 billion in fines for its conduct in the 'London Whale' incident in which the bank’s chief investment officer lost more than $6 billion and then regulators were misled about the losses, the investment bank's legal troubles appear to be far from over. The New York Times' DealB%k Blog reports there is "an unusual wave of scrutiny for JPMorgan, which is now facing investigations from at least seven federal agencies, several state regulators and two foreign nations. The investigations span across the bank. Its mortgage business, debt collection practices and its hiring of the children of well-connected Chinese officials are all under fire in Washington."

'None of these big banks really want compliance people causing traders and investment bankers to second-guess themselves too much because that gets in the way of making money.'

The New York Times has this interesting profile of JPMorgan's general counsel, Stephen M. Cutler, who has talked tough in the past on the importance of compliance with financial rules and regulations but on whose watch "JPMorgan had agreed to admit wrongdoing and pay nearly $1 billion in fines for its conduct in the 'London Whale' matter, in which the bank’s chief investment office lost more than $6 billion and bank officials misled regulators about the losses."

Obamacare to Affect Nursing Homes, Too

Submitted by Amaris Elliott-Engel on Wed, 09/11/2013 - 10:05

(The Legal Intelligencer- second of two-part series on The Future of Long-Term Care Litigation)

While health care headlines focus on the implementation of Obamacare's individual mandate and establishment of insurance exchanges, the landmark legislation also is going to affect long-term care for older Americans.

Medicare- and Medicaid-certified nursing facilities must have had compliance and ethics programs in place by March, but regulations are still forthcoming.

Compliance programs for the health industry are not a new thing, said Susan V. Kayser, a partner with Duane Morris' New York office who chairs the long-term care and senior services subgroup of that firm's health law practice. The U.S. Department of Health and Human Services' Office of the Inspector General issued guidance in the 1990s for compliance programs on the basis of the federal sentencing guidelines, she said. New York is the first state to require Medicaid providers to have a compliance plan, she also added.

"I suspect that by and large, most nursing homes until earlier this year may not have had one," Kayser said. "And now they are required to have one."

Due to the fact the Centers for Medicare and Medicaid Services has not yet issued the regulations that would put the meat on the skeleton of the Affordable Care Act, "you have a legal requirement to have a compliance program with no real governing regulations," said consultant David Hoffman, whose firm works on compliance programs for nursing homes and is a former federal prosecutor who specialized in health care fraud and abuse.

To read the full report I wrote for The Legal Intelligencer: http://www.law.com/jsp/pa/PubArticlePA.jsp?id=1202618827884&Obamacare_to...
 

Subscribe to RSS - compliance