Anti-Money Laundering

Overview

Gibson Dunn’s Anti-Money Laundering (AML) practice is renowned for its expertise in advising financial institutions and businesses on compliance with AML and economic sanctions laws and regulations, and defending those same clients from AML and sanctions enforcement investigations. The practice focuses on developing global, risk-based AML compliance programs.

Key Services

Legal and Regulatory Advice
The practice offers comprehensive advice on compliance with federal and state AML laws and regulations, including the U.S. Bank Secrecy Act as amended by the USA PATRIOT Act. This includes representation in criminal and regulatory government investigations.

Compliance Program Development
The team assists in creating, enhancing, and implementing enterprise-wide AML compliance programs. This includes customer due diligence and enhanced due diligence, suspicious activity reporting, and currency transaction reporting policies, procedures and internal controls.

Policy and Procedure Drafting
The team drafts policies and procedures, including Customer Identification Programs (CIP), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD), to ensure compliance with suspicious activity and currency transaction reporting requirements, along with wire transfer and other recordkeeping requirements, as well as economic sanctions laws enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC).

Regulatory Examination Support
The team helps financial institutions respond to regulator examinations and address criticisms from federal and state regulators, including the New York State Department of Financial Services (DFS), FinCEN, IRS, SEC, FINRA, and the Nevada Gaming Commission.  This includes assisting financial institutions in taking remedial actions.

Enforcement Action Representation
We represent clients in federal and state criminal money laundering and Bank Secrecy Act investigations and prosecutions, including those involving the DOJ, U.S. Attorneys’ Offices, and other federal and state authorities.

Internal Investigations
The team also conducts internal investigations for AML and Bank Secrecy Act violations.

Due Diligence in Transactions
The team conducts due diligence reviews for mergers, acquisitions, and underwritings to ensure compliance with U.S. and local AML, OFAC, and other economic sanctions laws, as well as the U.S. Foreign Corrupt Practices Act (FCPA) and non-U.S. anti-bribery laws.

Training Programs
The practice provides training on all aspects of AML and Bank Secrecy Act laws, regulations, requirements, procedures, and current schemes and trends.

Expertise and Experience

Our lawyers with have extensive knowledge and broad ALM experience.  Our team includes former government lawyers from the U.S. Department of the Treasury, DOJ, SEC, and U.S. Attorneys’ Offices. This diverse background equips the team with a deep understanding of regulatory expectations and enforcement practices.

In matters involving AML and sanctions, the practice collaborates closely with partners in the International Trade Practice Group’s Economic and Trade Sanctions team to provide comprehensive and integrated legal solutions.

Clientele

The practice advises a wide range of clients, including:

• U.S. and global banks
• Securities broker-dealers
• Mutual funds
• Investment advisors
• Private equity funds
• Insurance companies
• Money services businesses
• Financial technology companies
• Casinos
• Multinational businesses