InfoBytes Blog
MSB out from under deferred prosecution agreement
On June 10, the U.S. District Court for the Middle District of Pennsylvania granted the DOJ’s unopposed motion to dismiss anti-money laundering charges brought against a money services business, ending an extended deferred prosecution agreement (DPA) related to deficiencies in the company’s anti-fraud and anti-money laundering (AML) programs. As previously covered by InfoBytes, the DOJ filed charges against the company in 2012 for allegedly “willfully failing to maintain an effective AML program and aiding and abetting wire fraud,” including scams targeting the elderly and other vulnerable groups that involved victims sending funds through the company’s money transfer system. In 2018, the DOJ and the company extended and amended the DPA through May 2021 after the DOJ alleged that the company continued to experience significant weaknesses in its AML and anti-fraud programs. At the time, the company agreed to, among other things, comply with additional enhanced anti-fraud and AML compliance obligations. The DOJ noted in its motion to dismiss with prejudice that the company has forfeited $225 million as required and has “satisfied the conditions and obligations imposed under the DPA and the Amendment.” Additionally, the DOJ confirmed that an independent compliance monitor has certified that the company’s “anti-fraud and anti-money laundering compliance program, including its policies and procedures, are reasonably designed and implemented to detect and prevent fraud and money laundering and to comply with the Bank Secrecy Act.”