Publications | Single Issue Periodical
Family Advocate Winter 2025: Vol. 47, No. 3
Join us for a discussion on the increasing enforcement focus on lawyers as gatekeepers in the anti-money laundering compliance infrastructure, including proposed new legislation and ethics rules. The panelists will also discuss emerging best practices for lawyers to meet their ethical obligations to prevent the use of their legal services in money laundering activities and sanctions evasion.
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05/08/2025
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Ethics
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05/08/2025
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Closed Captioned.
In recent years - and particularly over the past year, there has been increasing focus by U.S. and international regulatory bodies as well as the public writ large over the role lawyers play in guarding the U.S. financial system against money laundering and sanctions evasion. This enhanced scrutiny, beginning with the Panama Papers and Global Witness exposes, highlights the role of U.S. lawyers in facilitating global money laundering and has intensified with several high-profile recent enforcement actions in which U.S. lawyers have been named as key players in transnational money laundering and sanctions evasion. Regulatory developments like the Corporate Transparency Act and U.S. sanctions specifically restricting the provision of types of legal services to Russia have created a new and perilous landscape for U.S. transactional lawyers working on cross-border matters.
By the end of 2022, Congress nearly passed legislation that would have brought lawyers under the purview of the Bank Secrecy Act, imposing potentially draconian obligations (like those financial institutions are subject to), including potential suspicious activity reporting. While the proposal failed at the last moment, it was largely for technical reasons and still enjoys broad bi-partisan support. Relatedly, the ABA is engaged in robust dialogue over potential amendments to the model ethical rules to clarify the obligations lawyers have to conduct client due diligence and prevent their services from being used to launder funds and evade sanctions.
In this presentation, Jamie Schafer and Angie Jones, partners in the white collar and investigations group of Perkins Coie LLP, and Amy Richardson, the co-chair of HWG's Ethics & Malpractice Group, will discuss the increasing public and enforcement focus on lawyers as gatekeepers in the anti-money laundering compliance infrastructure, including delving into the proposed new legislation regulating lawyers and the proposal as to changes to the model ethics rules. The panelists will also discuss emerging best practices for lawyers to meet their ethical obligations to prevent the use of their legal services in money laundering activities and sanctions evasion. Some of the ABA Model Rules to be discussed are Rules 1.0, 1.1, 1.2, 1.6, 1.16, 2.1 and 8.4.
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Publications | Single Issue Periodical
Family Advocate Winter 2025: Vol. 47, No. 3
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