The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Financial Crimes Enforcement Network, the National Credit Union Administration, and the Office of the Comptroller of the Currency (collectively the “Agencies”) issued a Joint Statement on July 6, 2022, reminding banks[1] of the “risk-based approach to assessing customer relationships and conducting customer due diligence (CDD).”  The Joint Statement reminds banks that the Agencies consider a blanket approach of assessing customer risk, based solely on the type of customer (e.g., casino, auto dealer, etc.), to be inappropriate.  Specifically, the Joint Statement urges financial institutions not to simply ascribe the same level of risk to all customers of a particular type. Rather, banks must use a risk-based approach that evaluates the specific customer at issue when creating customer profiles and when establishing and maintaining customer relationships.  Further, the Joint Statement expresses a preference for enhanced monitoring rather than exiting customer relationships as part of de-risking.[2]

On May 27, 2022, Plaintiff Melanie E. Damian, in her capacity as the Court-Appointed Receiver for Today’s Growth Consultant, Inc. d/b/a The Income Store (“TGC”) (the “Receiver”) filed a complaint against Defendant SmithAmundsen, LLC (“Defendant”) in the Northern District of Illinois seeking damages, restitution, interest, and costs.  Specifically, the complaint alleges two claims for legal malpractice and aiding and abetting breach of fiduciary duty.

This action stems from a prior action filed by the Securities and Exchange Commission (“SEC”) against TGC and its founder, Kenneth D. Courtright, III (“Courtright”), wherein the SEC alleged TGC and Courtright violated federal securities laws and sought civil penalties and injunctive relief to halt their wrongful activity.

We previously wrote about PLB Investments LLC et al v. Heartland Bank and Trust Co. et al., a related case initiated by various defrauded investors of TGC against two bank defendants concerning TGC’s website services Ponzi scheme.

On June 22, 2022, the Financial Crimes Enforcement Network (FinCEN) issued a Statement on Bank Secrecy Act Due Diligence for independent ATM owners and operators.  The purpose of the statement is to “provide clarity to banks on how to apply a risk-based approach to conducting customer due diligence (CDD) on independent Automated Teller Machine (ATM) owners or operators, consistent with the requirements set out in FinCEN’s 2016 CDD Rule.”

Under FinCEN’s 2016 CDD Rule, banks are required to establish and maintain written policies and procedures reasonably designed to identify and verify “beneficial owners of legal entity customers.”   This Rule extends to conducting CDD on independent ATM owners and operators who maintain bank accounts to supply cash for their ATMs and to settle the electronic funds transfers used to process ATM transactions.

TPG Capital will take Convey Health Solutions Holdings (NYSE: CNVY) private, according to a news release.

Convey, based in Fort Lauderdale, Fla., is a specialized healthcare technology and services company. Founded in 2001, the company solutions, designed for government-sponsored health plans, are designed to support member interactions, compliance and Medicare processes.

TPG Capital…

Ampersand Capital Partners has completed an investment in Sterling Medical Devices, according to a news release.

Sterling, based in Moonachie, N.J., is a provider of electromechanical and software solutions for the medical device industry. Founded in 1998, the company assists healthcare companies in bringing to market medical device software and hardware, mechanical equipment, and…

For a corporation receiving a grand jury subpoena, the most difficult (and expensive) part of a U.S. Department of Justice (DOJ) inquiry is often sifting through corporate data to find relevant material. That is proving to be increasingly burdensome to prosecutors as well—not just because it costs DOJ time and resources to review extensive data productions, but also because it can be a minefield for prosecutors trying to navigate disclosure requirements. A recent article from Bloomberg Law indicates DOJ is reconsidering how much electronic evidence it will collect going forward. This could bring relief to companies involved in federal inquiries, but could also mean DOJ will lean even more on companies to build its cases.

Levine Leichtman Capital Partners (LLCP) has announced it has acquired Technical Safety Services (TSS).

TSS, based in La Jolla, Calif., is a provider of testing, inspection, certification and calibration (TICC) services to customers in biotechnology, pharmaceutical, medical device and other facilities. Founded in 1970, the company supports organizations throughout North America and around the…

In several states, an insured that prevails in a coverage dispute against its insurer is entitled to statutory “penalty interest” added to the amount owed by the insurer.  A June 8, 2022 decision from the United States District Court for the Western District of Michigan illustrates the importance of meeting the “proof of loss” requirements…

Frazier Healthcare Partners has agreed to sell Parata Systems to BD for $1.525 billion, according to a news release.

Parata, based in Durham, N.C., is a provider of pharmacy technology solutions. Founded in 2006, the company offers a range of services, including medication adherence packaging technology and inventory management for long-term care, hospital, retail and…