The F.O.R.C.E.

Fair Access Laws: Between Regulation and Rights

In this episode, David Schwartz, President & CEO of FIBA, leads a timely discussion on the rise of “fair access” laws and their implications for banks, regulators, and consumers. He is joined by Marina Olman-Pal, Shareholder at Greenberg Traurig, and Carl Fornaris, Partner at Winston & Strawn LLP, both leaders in financial regulatory law.

Together, they unpack the legislative trend fueled by political polarization, state activism, and public pressure—including recent developments in Florida, the Agriculture Bill, and proposed federal legislation.

Key Topics Include:

• What Florida’s fair access laws really mean—and why they’ve become a national reference point
• Complaint mechanisms and OFR’s investigative process: What banks need to document and disclose
• Why regulators are advising banks to tread carefully with ESG language in policies
• The risk of litigation in the absence of regulatory clarity
• Federal vs. state tensions: Can federal preemption apply?
• The growing importance of lobbying, legal review, and internal governance

Podcast Recap:

• Florida leads the country in enforcing fair access statutes, requiring financial institutions to justify service denials
• New legislation includes complaint processes, private rights of action, and increased transparency obligations
• Federal efforts (like the Fair Access to Banking Act) remain in bill form, but could override state laws if passed
• Banks must reassess their customer policies, document risk decisions clearly, and prepare for legal exposure
• The industry is urged to engage in advocacy and compliance planning—not just wait and see

Stay tuned for more regulatory insights in upcoming episodes.

Crypto Crossroads: The DOJ's New Direction

Podcast Crypto Crossroads: The DOJ's New Direction

 

In this episode of FIBA on Risk and Compliance Excellence (The F.O.R.C.E.), we explore the U.S. Department of Justice’s surprising pivot in cryptocurrency enforcement—and what it means for financial institutions, digital asset companies, and regulators.

Hosted by David Schwartz, President and CEO of FIBA, this episode features Richard Weber, Partner at Winston & Strawn LLP and former Chief of IRS Criminal Investigation, as they unpack the DOJ’s decision to disband its National Cryptocurrency Enforcement Team and narrow its focus to criminal abuse of digital assets.

Key Topics Include:

• What the DOJ’s memo really says—and why its language has left even legal experts unsure
• Why prosecutions tied to fraud, terrorism financing, and organized crime remain active
• The enduring risk for institutions despite “less enforcement” messaging
• How state regulators are stepping up as federal agencies scale back
• Why companies must prioritize compliance regardless of shifting political winds
• The vital role of public-private partnerships in reducing regulatory confusion

Podcast Recap:

• DOJ will no longer pursue enforcement that mimics regulation, but fraud and criminal misuse of crypto remain key targets
• The disbanding of the DOJ crypto task force may signal deprioritization—but not decriminalization
• State regulators like NY DFS and CA AG continue active enforcement
• Financial institutions must maintain strong AML/BSA frameworks, as risks persist even if crypto isn’t named
• Reducing compliance based on temporary policy shifts exposes firms to long-term legal and reputational risk
• Open dialogue between regulators, law enforcement, and the private sector is critical to address ongoing uncertainty in digital asset oversight

🎧 Thank you for joining us!

Stay tuned for more insights in upcoming episodes.

The Evolution of Trade Tools: Navigating Sanctions, Tariffs, and Domestic Content Strategies

The Evolution of Trade Tools: Navigating Sanctions, Tariffs, and Domestic Content Strategies

In this episode of FIBA on Risk and Compliance Excellence (The F.O.R.C.E.), we explore the evolving landscape of trade regulations, economic sanctions, and tariffs under the new U.S. administration. Hosted by David Schwartz, President and CEO of FIBA, this episode features the Chair of FIBA’s Trade and Working Capital Solutions Committee, Shalako Wiener.

Join them as they discuss how trade policies impact businesses and global markets.

Key Topics Include:

• The effectiveness of sanctions and why they often fail to achieve policy goals.
• The role of tariffs in addressing unfair trade practices and their unintended consequences.
• The potential of domestic content requirements as a sustainable trade strategy.
• The importance of fair competition and protecting U.S. intellectual property.
• How businesses can adapt to shifting trade policies and economic challenges.

Podcast Recap:

• Sanctions have historically had limited success in bringing about political change.
• Tariffs can level the playing field but may trigger trade wars and price increases.
• Domestic content requirements offer a long-term solution to protect local industries.
• The U.S. must balance free trade with economic security and fair competition.

Thank you for joining us! Stay tuned for more expert insights at the 25th Annual FIBA AML Compliance Conference in Miami, March 24-27, 2025.

The Future of Financial Regulation: Navigating Change

This episode of FIBA on Risk and Compliance Excellence (The F.O.R.C.E.) explores the evolving regulatory landscape, particularly discussions surrounding deregulation, regulatory consolidation, and fintech oversight. Hosted by David Schwartz, the conversation features Jera Bradshaw, from Greenberg Traurig, a regulatory expert and former senior attorney at the FDIC.

Key topics include:

• The uncertainty surrounding financial regulations under the new administration.
• The potential impacts of eliminating or restructuring agencies like FDIC and FinCEN.
• The challenges of fintech regulation and how agencies struggle to keep up with innovation.
• The importance of education and training for regulators to maintain industry oversight.
• The critical role of FDIC and why eliminating it is unrealistic.

Podcast Recap:

• Regulatory reform is likely but will be slow-moving.
• FDIC elimination is highly unlikely due to its critical role in financial stability.
• Fintech regulation is evolving, but clarity is still needed.
• Regulators must improve education and training to keep up with industry shifts.

Thank you for joining us! You can hear more from Jera and other industry experts at the 25th Annual FIBA AML Compliance Conference, taking place in Miami, March 24-27, 2025. 

 

David Schwartz invitado a El Lado B del Compliance

#Podcast | EP. 11| Innovaciones en Compliance y Negocios Internacionales conversación con David Schwartz, de FIBA 

 

En el capítulo 11 de "El Lado B del Compliance", exploramos la evolución y el impacto del cumplimiento global con David Schwartz, Presidente y CEO de FIBA. Este episodio, grabado en Panamá y conducido por Luis Ramiro Díaz Briceño, Co-Director Ejecutivo en Risk Consulting Global Group, ofrece una perspectiva integral sobre cómo FIBA ha transformado su enfoque desde su fundación. Discutimos la expansión de FIBA más allá del sector bancario hacia una membresía diversa que incluye proveedores de servicios, consultores y empresas tecnológicas. Además, abordamos los desafíos y beneficios del cumplimiento en un entorno global y las implicaciones de la legislación extraterritorial, así como la influencia de la inteligencia artificial en las prácticas de cumplimiento.