Automated compliance systems are helpful, but they are not a cure-all. Like any tool, a compliance technology is only as good as the people using it. Bad inputs cause bad outputs. Also, firms can’t just “set it and forget it,” hoping that the system works.
FINRA has fined a large broker-dealer $10 Million for widespread anti-money laundering compliance failures arising from failed systems, insufficient resources, and poorly-designed supervision. FINRA charges that the firm’s wire transfer surveillance system failed to collect required data and thereby omitted information that should have been transmitted to the AML surveillance system. FINRA also faults the firm for significantly understaffing the AML surveillance team, resulting in cursory reviews. The firm was also faulted for improperly allocating supervisory responsibility over surveillance of penny stock trades. FINRA rules require member firms to implement an anti-money laundering program to ensure compliance with the Bank Secrecy Act. A FINRA Enforcement official chided the industry, noting that the regulator “continues to find problems with the adequacy of some firms’ overall AML programs, including allocation of AML monitoring responsibilities, data integrity in AML automated surveillance systems, and firm resources for AML programs.”
Anti-Money Laundering compliance remains a huge challenge for broker-dealers that must spend significant resources on both technology and personnel to ensure adequate monitoring. Regardless, we recommend upgrading your systems and processes before the regulators force your hand with enforcement actions and multi-million fines.