The FinCEN Papers: The New Panama Papers? - CLE COURSE MATERIALS November 11, 2020 - Fordham University

Fordham Law Compliance Programs presents

The FinCEN Papers: The New Panama Papers?

               November 11, 2020
           12:30 p.m. - 1:45 p.m. EDT
                Zoom Webinar

          CLE COURSE MATERIALS

Table of Contents

   1. Speaker Biographies (view in document)

   2. CLE Materials

The FinCEN Papers: The New Panama Papers?
FinCEN Rule Strengthens SAR Confidentiality
Provides Guidance to Permit Sharing with
Affiliates, FIN. CRIMES ENFORCEMENT
NETWORK, Nov. 23, 2010 at,
https://www.fincen.gov/sites/default/files/news
_release/20101122.pdf (view on web)

SAR Confidentiality Reminder for Internal and
External Counsel of Financial Institutions, FIN.
CRIMES ENFORCEMENT NETWORK, Nov. 23,
2010 at
https://www.fincen.gov/sites/default/files/advis
ory/FIN-2012-A002.pdf (view on web)

12 CFR § 21.11- Suspicious Activity Report
https://www.law.cornell.edu/cfr/text/12/21.11
(view on web)
31 U.S. Code § 5318 - Compliance,
exemptions, and summons
authorityhttps://www.law.cornell.edu/uscode/te
xt/31/5318 (view on web) (SAR)
31 U.S. Code § 5321 - Civil penalties
https://www.law.cornell.edu/uscode/text/31/532
1 (view on web)
31 U.S. Code § 5322 - Criminal penalties
https://www.law.cornell.edu/uscode/text/31/532
2 (view on web)

The FinCEN Papers: The New Panama Papers?
Speaker Bios
Paul Caulfield
Chief Risk Officer
IDB Bank
Paul Caulfield is Chief Risk Officer at IDB Bank, Israel's largest foreign financial institution and
broker dealer. He is certified as an Information Systems Security Professional (CISSP) and Anti-
Money Laundering Specialist (CAMS) and co-founder of Fintel Technologies, a safe harbor,
AML information-sharing platform for financial institutions.
Over his career, Paul has built and rebuilt effective operational models across financial crimes
compliance, information and cyber security, enterprise risk management and a legal practice for
which he was featured in The National Law Journal, Law.com and The New York Law Journal.
Prior positions include Founder and General Counsel, Chief Compliance Officer, BSA and
OFAC Officer and interim Chief Information Security Officer. He began his career as a
prosecutor with the Manhattan District Attorney’s Office and, in 2016 published a memoir for
young professionals, “Getting to D.A.N.Y.: Lessons from a New York Job Hunt.”
In addition to his work as CRO, Paul is a frequent industry speaker and Adjunct Professor at
Fordham University School of Law where he focuses on financial criminal law and effective
AML risk management.
John W. Melican
Managing Director, Americas Regional Chair and Global Head of Financial Crime
Practice
Exiger
John W. Melican is a Managing Director, Americas Regional Chair and Global Head of
Financial Crime Practice, based in Exiger's New York office, where he is a leader in the firm’s
regulatory compliance, anti–money laundering (AML), anti–corruption, reputational risk, and
due diligence practice areas.
John joined Exiger from the Bank of Tokyo-Mitsubishi UFJ, where he was Managing Director,
Head of Bank Secrecy Act /Anti-Money Laundering, Sanctions and Anti-Corruption Compliance
for the Americas, overseeing the organization's BSA and AML, international sanctions, and anti-
corruption programs.
Prior to this, John was Vice President, Compliance & Ethics, and Chief Compliance Officer for
American Express Travel Related Services. In this role, he was responsible for the daily
oversight, development, and implementation for all compliance and AML programs for the
prepaid and foreign exchange service divisions.
Before American Express, John was Managing Director and Principal for Bear, Stearns & Co.
There, he led a staff of compliance professionals that advised the firm on its AML and sanctions,
due diligence, and foreign bank certification programs. He also managed securities examinations
of the broker-dealer's AML and sanctions programs. John spent time in the New York Stock

Exchange’s Division of Enforcement as a Trial Counsel - Senior Special Counsel and began his
career serving for over eight years as an Assistant District Attorney for the New York County
District Attorney's Office in both the Trial and Investigations Divisions.
Education
Colgate University, B.A. (with honors)
Albany Law School, J.D. (with honors)
Kathryn S. Reimann
Adjunct Professor
NYU School of Law
Kathryn S. Reimann is an executive, consultant and educator who has held multiple global
compliance and ethics leadership roles, including leading the global programs at Citibank and
American Express. Reimann served on the PCCE Advisory Board for four years, and serves as
an Adviser to the American Law Institute's Principles of the Law: Compliance, Risk
Management and Enforcement. She is an active thought leader in industry and not-for-profit
organizations, focusing on compliance and ethics throughout her career, lecturing for
organizations including the Practicing Law Institute, American Bankers Association and various
law schools. She is an Adjunct Professor of Law at NYU School of Law. Early in her career,
Reimann was a litigation associate at Curtis, Mallet, Prevost, Colt & Mosle, which she joined
after clerking for Justice Stewart G. Pollock of the New Jersey Supreme Court. She earned her
undergraduate degree at from the Woodwrow Wilson School of Public & International Affairs at
Princeton University, and received her J.D. from NYU School of Law, where she was an editor
of the Annual Survey of American Law.
David G. Sewell
Counsel
Debevoise & Plimpton
David Sewell is a counsel in the firm’s New York office and a member of the firm’s Financial
Institutions and Banking Groups. Mr. Sewell is also Secretary of the New York City Bar
Association Committee on Banking Law. Recognized by The Legal 500 US (2020), his practice
focuses on banking regulatory and enforcement matters with special emphasis on anti-money
laundering, sanctions and financial crime compliance issues.
Advises U.S. and non-U.S. banks and other financial institutions regarding U.S. banking laws
and regulations with special emphasis on anti-money laundering and sanctions law and
regulation
Counsels clients on supervisory matters including examinations, formal and informal
enforcement actions, governance matters, Federal Reserve regulatory reporting, investments and
activities
Provides regulatory advice to financial institutions including: charter, license and other
applications; requests for interpretive relief and preparation of comment letters; analyses and
strategies for agency rulemakings

Assists clients to develop and refine compliance policies and procedures
Deals on a regular basis with federal and state bank regulatory and law enforcement agencies,
including the Federal Reserve Board and Federal Reserve Banks, OFAC, FinCEN, the OCC and
state banking departments
Prior to joining Debevoise, Mr. Sewell was Counsel and Assistant Vice President at the Federal
Reserve Bank of New York (“FRBNY”). During his tenure at the FRBNY, Mr. Sewell advised
on a wide variety of bank regulatory issues, supervisory matters and enforcement actions. In the
context of his enforcement activities, Mr. Sewell was involved in many of the large enforcement
actions the FRBNY brought against bank holding companies and foreign banking organizations
with respect to BSA/AML and U.S. sanctions violations. Mr. Sewell also worked in a senior role
within the regulatory relations organization of J.P.Morgan Chase, where he had responsibility for
significant regulatory deliverables including the firm’s responses to supervisory letters and
biannual presentations to its College of Supervisors. From 2006 to 2009, he was an associate
with a New York-based law firm, where his practice focused on white collar criminal defense
and financial investigations. Mr. Sewell began his legal career as a law clerk to the Hon. Gladys
Kessler of the United States District Court for the District of Columbia. Before attending law
school, he served in a variety of roles in the federal government, including as a senior
congressional aide and, during the Clinton administration, on the White House Domestic Policy
Council.
Mr. Sewell earned his J.D. magna cum laude in 2005 from the Georgetown University Law
Center, where he was a member of the Order of the Coif, as well as the Executive Board Member
and senior book reviews and essays editor of the Georgetown Law Journal. He received his M.A.
in 1998 from Columbia University and his B.A., Phi Beta Kappa and with High Honors, in 1996
from Wesleyan University.
Education
Georgetown University Law Center, 2005, J.D. Columbia University, 1998, M.A.
Wesleyan University, 1996, B.A.