A discussion of the enforcement, supervision, and related risks that banks and related parties, including directors and officers, face following the 2023 bank failures. This panel will focus on issues stemming from safety and soundness and other compliance areas that may be the subject of enforcement actions or supervisory criticisms. Panelists will weigh in on whether regulators will respond as they have to past financial crises by adopting a more aggressive enforcement posture.
Chair:
Daniel P. Stipano, Partner, Davis Polk & Wardwell LLP, Washington, DC
Program Materials Coordinator:
Matthew Bornfreund, Senior Associate, Davis Wright Tremaine LLP, Washington, DC
Moderator
Daniel P. Stipano
Partner
Davis Polk & Wardwell LLP
Washington, DC
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Dan represents clients in state, federal and foreign regulatory enforcement actions, and provides assistance in establishing, maintaining and monitoring Bank Secrecy Act and anti-money laundering (BSA/AML) compliance programs. His regulatory and enforcement experience includes more than 30 years at the Office of the Comptroller of the Currency (OCC). As Deputy Chief Counsel from 2000-2016, Dan oversaw major OCC enforcement actions. He played a key role in significant BSA/AML rulemakings and policy issuances. While at the OCC, Dan supervised more than a dozen successful appeals.
Panelists
William Jauquet
Acting Director, Enforcement
OCC
Washington, DC
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Will Jauquet has 17 years of experience in enforcement for the Office of the Comptroller of the Currency (OCC). As Acting Director of Enforcement, he manages a team of attorneys who advise OCC bank examiners, conduct investigations, and bring enforcement actions against banks and officers, directors, and employees of banks. He joined the OCC in the Chief Counsel’s Enforcement Division in 2006 and during his tenure served as a Special Assistant U.S. Attorney for the Eastern District of Virginia.
Morris R. Morgan
Managing Director
Chain Bridge Partners, LLC
McLean, VA
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Mr. Morgan joined Chain Bridge in 2020 after 34-plus years of regulatory experience with the Office of the Comptroller of the Currency. As Chief Operating Officer, Chief National Bank Examiner, and a Senior Deputy Comptroller, he served as a senior executive and principal advisor to the Comptroller. Mr. Morgan had leadership responsibilities for all OCC supervision related business units.
Mr. Morgan advises firms on a wide variety of topics. Additionally, he has led numerous engagements related to de novo and change in control applications, third-party risk management, corporate governance and enterprise risk management, internal audit, BSA\AML, and regulatory remediation.
Frank C. Salamone
Senior Counsel
FDIC
Washington, DC
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Frank Salamone heads the FDIC’s Administrative Enforcement & Investigation Unit, which oversees FDIC enforcement investigations and litigation in the Office of Financial Institution Adjudication. Prior to this role, Frank led the FDIC’s eDiscovery Group, one of the country’s largest eDiscovery and litigation technology programs, covering the FDIC and institutions for which it serves as receiver. Before joining the FDIC, Frank was in enforcement at the OCC, where he recovered over $3 billion for customers and defrauded institutions and successfully partnered with examiners to avoid several bank failures. Frank was also instrumental in the creation of a formal OCC eDiscovery program.
Ryan Scarborough
Partner
Williams & Connolly LLP
Washington, DC
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As a partner at Williams & Connolly, Ryan frequently defends financial institutions and their directors and officers who are under investigation or find themselves facing litigation from bank regulators, government authorities, consumers, shareholders, and competitors. He frequently litigates against the CFPB, Federal Reserve, FDIC, OCC, and other financial regulatory agencies.
Ryan is ranked by Chambers and Benchmark Litigation and has been recognized by The Legal 500 for his work in handling Financial Services litigation, which describes him as an “[o]upstanding attorney and strategic thinker” and praises him for his “calming approach.”
D. Jean Veta
Senior Counsel
Covington & Burling LLP
Washington, DC
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Jean Veta is described by Chambers USA as “a leading name in the financial services field, noted for her expert counsel on bank-related examination, enforcement and compliance issues.” She defends financial institutions and their officers and directors in civil and regulatory enforcement matters, government investigations, and internal corporate investigations. She regularly handles matters before the CFPB and other federal bank regulators, the U.S. Department of Justice, FinCEN, SEC, FTC, and other enforcement agencies. Her practice focuses on the full range of enforcement issues, including UDAAP and other consumer compliance issues, fair lending, anti-money laundering, securities, and safety and soundness issues.
Katherine Vines Trumbull
Acting General Counsel
Webster Bank, N.A.
Stamford, CT
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Katherine is currently the Acting General Counsel for Webster Bank, N.A. and Webster Financial Corporation. Katherine has served in positions of increasing responsibility since joining Webster in August of 2005. Prior to her current position she served as an Associate General Counsel providing legal support to Webster's HR Department, Finance and Treasury teams, and to Webster's Private Bank.
CLE Program: Is Past Prologue: Will Prior Crisis Responses Shape Future Enforcement?
Type of Session
CLE Program
Description
This session is in-person only.
CLE Program Level: Mid-Level
Presented By: Banking Law
Co-sponsoring Committee(s): International Business Law, International Coordinating