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Ripple consented to pay a fine and restructure their operation, to settle civil charges related to Ripple's failure file a SAR on the aborted purchase of xrp by
by zekevermillion 11y ago
Ripple consented to pay a fine and restructure their operation, to settle civil charges related to Ripple's failure file a SAR on the aborted purchase of xrp by Roger Ver (who by the way was a Ripple investor). The underlying behavior that drew the attention of regulators was that their compliance program was basically a sham during the period in question. The transaction was not "suspicious" in any conventional sense of the word -- Ver was a Ripple investor and well known to the company; his prior criminal history relates to selling fireworks by mail or something, when he was 18 or so. But technically, yes, this is a transaction that Ripple should have reported. People make a big deal of this, but keep in mind that BSA compliance, FinCEN registration, and filing SARs is the EASY part of compliance. Just file SARs on every transaction that meets the definition, that's easy. If that were the only requirement, the US would be a bastion for fintech startups. The hard part is complying with 50 state laws, many of which are non-standard and contradict each other. It is a joke that we don't have a preemptive federal regime to set a consistent rule for compliance.
At the same time, on a real level, any payment provider has to be aware that a convenient and privacy-promoting platform inevitably becomes a sort of honeypot for people who are shut out of the conventional system. This is true of any data hosting company, whether financial or otherwise. We would like to think that there's no responsibility on the part of the platform provider to police content, b/c that seems a violation of freedom. On the other hand, if you look into the activity on your platform, and realize that a significant portion of it, in terms of usage, or money, relates to illegal and immoral activities that hurt other people...well, it's a hard question to balance that with notions of freedom and innovation. Unfortunately I don't think the answer is as easy as just letting providers self-police, or following a European model where banks have historically turned a blind eye toward (or even actively courted) criminal clientele.
- tbrownaw 11y agoUnfortunately I don't think the answer is as easy as just letting providers self-police, or following a European model where banks have historically turned a blind eye toward (or even actively courted) criminal clientele. They should follow transportation/telephone/common-carrier rules, because they're just as necessary to life in modern society.
- pjc50 11y agofollowing a European model where banks have historically turned a blind eye toward (or even actively courted) criminal clientele I don't think this is particularly a US/EU distinction. Switzerland's history of banking privacy and neutrality, possibly.
- zekevermillion 11y agoI guess my statement is more accurate in recent history, post-2001. US-chartered banks are getting extremely vigilant about AML. The attitude of US bankers I've worked with is much more cooperative than Europeans, who view this AML focus as the Yankees trying to impose US law where it doesn't belong (a fair criticism).
- ethbro 11y ago(Yes, I know UK != Europe, but presume it's indicative) This popped up on the BBC a couple days ago: "Foreigners must not be able to buy UK homes with 'plundered or laundered cash' as part a global effort to defeat corruption, David Cameron has said." http://www.bbc.com/news/uk-politics-33684098 http://www.bbc.com/news/uk-politics-33684098 I assume the takeaway is that it's enough of a problem that it needs to be focused on. The article cites $1tn/year being taken out of poorer countries by corruption, and $190bn worth of property in England and Wales owned by offshore companies.