Suspicious activity reporting
Suspicious activity reporting in Financial & Capital Markets sits under active, overlapping scrutiny from the Financial Crimes Enforcement Network, the U.S. Securities and Exchange Commission, and the European Banking Authority, each with distinct filing thresholds, timing requirements, and scope for who qualifies as a covered institution. FinCEN's Customer Due Diligence rule and the SEC's broker-dealer SAR obligations under 31 CFR Part 1023 create compliance obligations that do not always align cleanly across a single firm's business lines. Cresthaven is actively monitoring this topic for rule amendments, supervisory guidance, and enforcement patterns as they land.
Watch
- 31 CFR Part 1023 SAR filing deadlines for broker-dealers: any proposed amendments
- FinCEN beneficial ownership rule expansions affecting SAR trigger analysis
- EBA guidelines on transaction monitoring thresholds for cross-border wire activity
- SEC examination priorities flagging SAR program deficiencies at registered investment advisers
- No-action relief or staff guidance narrowing the definition of 'suspicious' under current FinCEN standards
Recent material activity in Financial & Capital Markets
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SEC proposes amendments to Exchange Act Rule 3b-16 expanding ATS definition to include DeFi protocols
The SEC has proposed rule changes that would bring decentralized finance protocols under the regulatory umbrella of Alternative Trading Systems. The amendment targets platforms facilitating token swaps exceeding $50M dai…
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SEC enforcement action against crypto lending platform for unregistered securities offering
The Commission filed charges against a major crypto lending platform alleging the firm offered and sold crypto asset lending products that constituted unregistered securities. The complaint seeks disgorgement of $340M in…
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CFTC and SEC release joint statement on digital asset classification framework
The two primary federal financial regulators issued a joint interpretive statement providing guidance on when digital assets fall under securities law versus commodities law. The framework introduces a functional test ba…
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Federal Reserve announces enhanced supervisory expectations for banks with crypto asset exposure
The Board of Governors issued SR 26-4 establishing new supervisory expectations for state member banks engaging in crypto-related activities. Banks must now maintain dedicated risk management frameworks, capital reserves…
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SEC approves spot Ethereum ETF amendments allowing staking yield pass-through
The Commission approved amendments to existing spot Ethereum ETF registration statements permitting the pass-through of staking rewards to fund shareholders. The approval includes enhanced disclosure requirements and a 3…
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SEC Division of Examinations publishes 2026 priorities: crypto compliance tops the list
The SEC's examination division released its annual priorities letter placing crypto asset compliance, stablecoin reserves, and DeFi protocol governance as the top three examination focus areas for 2026. Registered invest…
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FINRA proposes new rules for broker-dealer crypto custody and customer protection
FINRA filed a proposed rule change establishing custody requirements for broker-dealers holding crypto assets on behalf of customers. The proposal requires segregated wallets, proof-of-reserves attestations, and $10M min…
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Federal Reserve Board publishes research paper on CBDC impact on commercial bank deposits
The Board published a staff research paper modeling the potential displacement of commercial bank deposits by a retail CBDC. The paper estimates 8-12% deposit migration in the first two years, with disproportionate impac…
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