Corporate Transparency Act Enforcement: Strategies and Best Practices for Defending Alleged Violations
FinCEN Enforcement Regulations, Procedure, Burdens of Proof, Insurability of Damages, Vicarious or Agency Liability, and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the penalties for violating the Corporate Transparency Act (CTA) and the U.S. Dept. of the Treasury's Financial Crimes Enforcement Network's (FinCEN) enforcement mechanisms so that counsel can design and build an effective defense. The panel will review what constitutes civil and criminal violations, procedural issues, burdens of proof, best first steps upon receipt of notice of an alleged violation, how to possibly stop the accrual of fines, insurability of damages, vicarious or agency liability, and more.
Outline
- CTA overview
- Reporting violations
- Disclosure and use violations
- Burden of proof: civil vs. criminal
- Defenses
- Discovery from administrative agency
- Privilege issues
- Procedural issues
- Jurisdiction
- Who decides
- Timing
- Review of decision
- Possible impact of Loper Bright
- Balancing dual civil and criminal investigations
Benefits
The panel will review these and other key issues:
- What constitutes "knowing" violation?
- Can a compliance program reduce the risk of disclosure and use violations?
- Are there any safe harbors for good faith attempts at compliance?
Faculty
Cheryl R. Frank
Attorney
Brager Tax Law Group
Ms. Frank is a former Senior Tax Attorney in the Tax Litigation Division of the IRS Office of Chief Counsel in... | Read More
Ms. Frank is a former Senior Tax Attorney in the Tax Litigation Division of the IRS Office of Chief Counsel in Washington DC. Her area of expertise was Tax Shelter Litigation, which included partnerships and tax accounting issues. In addition to representing the IRS in Court, Ms. Frank advised the IRS on complex issues relating to tax accounting and partnership taxation. She was a founding member of the Tax Shelter Injunction Task Force Committee at the Department of Justice.
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Anthony Mirenda
Partner, Chair, White Collar Crime & Government Investigations Practice
Foley Hoag
Mr. Mirenda defends companies and their officers, directors and others in criminal and regulatory investigations,... | Read More
Mr. Mirenda defends companies and their officers, directors and others in criminal and regulatory investigations, enforcement actions and complex civil litigation involving alleged healthcare, securities, and government contracting fraud, and in international anti-corruption, sanctions and export control matters. He conducts confidential internal investigations and helps clients maintain effective cross-border compliance programs. Mr. Mirenda closely monitor business, regulatory and legal trends affecting organizations across all industries. He regularly contributes to the White Collar Law & Investigations blog and the Cross Border Compliance Update. Mr. Mirenda represents healthcare and high tech companies, defense and other government contractors, and financial services firms in federal and state criminal and regulatory investigations as well as civil litigation, including civil claims brought under the federal False Claims Act, the Computer Fraud and Abuse Act, and the RICO statute.
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