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919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2587
E:
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Betty Santangelo is a partner in the New York office where the focus of her practice is white-collar criminal defense and securities enforcement. A former assistant U.S. attorney for the Southern District of New York, where she specialized in securities and commodities fraud prosecutions, Betty’s practice includes representing financial institutions, corporate entities and individuals in matters brought by the U.S. Attorney’s Offices, by various regulatory agencies, including the SEC, the CFTC, FINRA and SIGTARP, and by state and local prosecutors, as well as conducting internal investigations for these entities. She has also served as an Independent Consultant in SEC enforcement matters. Prior to joining SRZ, Betty served as First Vice-President and Assistant General Counsel for Merrill Lynch, representing the firm and its employees in enforcement proceedings before federal and state regulatory agencies, and in criminal matters before U.S. Attorney’s offices and state prosecutors, as well as in foreign jurisdictions. Betty has served as Division Director of the ABA Litigation Committee, and as Chair of its Securities Litigation and Broker-Dealer Subcommittees. She has contributed a chapter on “Representation Prior to Indictment" in the book Defending Federal Criminal Cases: Attacking the Government's Proof (Incisive Media, 2009). Betty is listed in The Best Lawyers in America and New York Super Lawyers, two of the most respected listings of lawyers, by practice area, who have attained a high degree of peer recognition and professional achievement. In 2009, the New York Chapter of the National Organization for Women presented her with its annual Women of Power and Influence Award.
Nationally recognized for her expertise in corporate compliance issues, including anti-money laundering, OFAC and FCPA, Betty’s representation of financial institutions in white collar and regulatory matters frequently draws on these areas of expertise, including advising financial institutions on their anti-money laundering/OFAC/FCPA procedures. At Merrill Lynch, she was responsible for oversight of all Bank Secrecy Act reporting and anti-money laundering activities, and the implementation of Merrill Lynch’s anti-money laundering procedures. Among Betty’s many professional activities, she has served as the Securities and Futures Industry’s representative on the Bank Secrecy Act Advisory Group of the U.S. Department of the Treasury, and is currently counsel to the Securities Industry and Financial Markets Association’s (SIFMA) Anti-Money Laundering and Financial Crimes Committee. In 1998, the Financial Crimes Enforcement Network of the United States Treasury Department awarded Betty its Director’s Medal for Exceptional Service. That same year, Betty represented the U.S. securities industry at the Financial Action Task Force (“FATF”) meeting in Brussels, Belgium. In 2002, she represented SIFMA, the Futures Industry Association and the Investment Company Institute at the FATF meeting in Paris. A former adjunct professor at Fordham Law School, where she taught a course on money laundering, Betty is a much-sought-after speaker on corporate compliance, anti-money laundering/OFAC/FCPA, white-collar criminal and securities law issues. In 2006, she received an “outstanding paper” award from Emerald Literati Network for an article she wrote on money laundering enforcement actions and, in 2008, she won a Burton Award, which recognizes exceptional legal writing, for an article she wrote on the FCPA.
Selected Representations
Internal investigation into possible money laundering and foreign tax fraud by foreign institutional client of U.S. commercial bank.
Represented global financial institution in international money laundering investigation, which resulted in indictment of a broker but no charges against the institution.
Represented major securities firm in parallel N.Y. District Attorney’s Office, SEC and federal grand jury investigations into possible Martin Act violations, securities fraud, tax evasion and money laundering.
Independent consultant retained to review the NYSE’s rules, practices and procedures applicable to floor members.
Selected Publications
“Specific Corporate Compliance Challenges by Practice Area: Money Laundering,” The Corporate Compliance Practice Guide: The Next Generation (Basrim ed. 2009) (co-author)
“Representation Prior to Indictment,” Defending Federal Criminal Cases: Attacking the Government's Proof (Law Journal Press, 2009) (co-author)
“Anti-money Laundering Regulation of Broker-Dealers,” Broker Dealer Regulation, Chapter 18, June 2009 (co-author)
“Clearing Broker Liability and Responsibilities,” Broker Dealer Regulation, Chapter 17A, June 2009 (co-author)
“Practice Note: Developing an Effective AML Compliance Program for Hedge Funds,” Complinet, Feb. 12, 2008
“The Foreign Corrupt Practices Act: Recent Cases and Enforcement Trends,” Journal of Investment Compliance, Vol. 8, No. 3 (2007) (co-author)
“Mutual Fund Compliance and the Anti-Money Laundering Regulatory Regime, Part I and II,” The Review of Securities and Commodities Regulation, Sept. 2005 and Sept. 2007
“The Anti-Money Laundering Regime for the Futures Industry,” The Review of Securities and Commodities Regulation, March 2007
“Summary of Final Rule Regarding Due Diligence for Foreign Accounts Under Section 312 of the PATRIOT Act and Proposed Rule re: Enhanced Due Diligence for Correspondent Accounts,” Futures & Derivatives Law Report, Vol. 26 No. 7, July/August 2006
“Ask Not For Whom the Bell Tolls, It May Toll For You Next: Intensified Anti-Money Laundering Enforcement Transforms the Regulatory Landscape,” Journal of Investment Compliance, Vol. 6, No.1, Fall 2005
“Anti-money Laundering Initiatives for Private Investment Funds,” The Capital Guide To Hedge Funds, 2003
“AML Programs for Financial Institutions Under Section 352 of the USA Patriot Act,” Banking & Financial Services Policy Report, Vol. 21, No. 7, July 2002
“Hedge Funds and the USA PATRIOT Act,” Hedge Fund News, Issue 33, May 2002
“Anti-Money Laundering Provisions of the USA PATRIOT Act of 2001,” CCH, April 2002
“Suitability in Cyberspace,” Securities & Commodities Regulation, Vol. 34, No. 11, June 13, 2001
“Are Self Regulatory Organizations State Actors? Two Recent Cases Take Contrasting Perspectives,” The Journal of Investment Compliance, Vol. 2, No. 1, Summer 2001
“2001: A Money Laundering Space Odyssey,” Securities Industry Association Compliance and Legal Seminar on SIA Website, March 2001
“Did Bankers Trust Alter The Rules?,” New YorkLaw Journal, Corporate Counsel, at S4, Nov. 20, 2000
“How Safe Is The Bank Secrecy Act Safe Harbor?,” Journal of Investment Compliance, Vol. 1, No. 2, Fall 2000
“International Ramifications of U.S. Anti-Money Laundering Policy: Whose Law is the United States Enforcing?,” Journal of International Banking Law, Vol. 15, Issue 4/5, April/May 2000
“Back to the Future: How Recent Events Have Revived the Call for More Stringent Anti-Money Laundering Regulation,” Banking Policy Report, Vol. 19, No. 6, March 20, 2000
“Money Laundering In The Millennium: A Broker-Dealer’s Guide To KYC, SAR & OFAC,” Securities Industry Association Compliance and Legal Division Annual Seminar on SIA Website, March 2000
“The Foreign Corrupt Practices Act and Money Laundering,” Practising Law Institute, Conducting Due Diligence, May 1999
“Money Laundering and Suspicious Activity Reporting: Now What’s a Broker-Dealer To Do?,” Money Laundering Alert, April-July 1999 (published in four parts)
“Money Laundering and Suspicious Activity Reporting,” Securities and Commodities Regulation, Vol. 31, No. 15, Sept. 9, 1998
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Selected Speaking Engagements
Moderator, “Regulator Panel- Keeping Current with Regulatory Developments to Ensure Your Institution Remains Compliant,” SIFMA 10th Annual Anti-Money Laundering Conference, March 2010
“FCPA,” Deloitte Third Annual AML Compliance Conference, November 2009
“Enforcement Actions - Monitoring,” ACAMS, October 2009
Moderator, “Regulators Insights: Avoid Penalties and Optimize Your Firm's Defense by Complying with the Latest AML and Fraud Regulations” and “Managing Compliance Requirements for Clearing and Introducing Firms in an Era of Increased Scrutiny and Reduced Resources,” 19th Annual AMLAC & Fraud Forum, October 2009
“AML Current Issues,” KPMG MidAtlantic AML Conference, September 2009
“AML Compliance: Current Issues,” SIFMA-CL 2009 Annual Seminar, March 2009
“Money Laundering and Asset Forfeiture,” ABA’s 23rd Annual National Institute on White Collar Crime, March 2009
Moderator, “Compliance, Examination and Enforcement Update,” SIFMA’s 9th Annual Anti-Money Laundering and Financial Crimes Conference, March 2009
SIFMA Annual Anti-Money Laundering Conference, 2001–09
“Q&A Session: ’Ask the Regulators’,” 3rd Annual Anti-Money Laundering & Counter-Terrorist Financing Forum, October 2008
“Best Practices in KYC/CIP for Capital Markets,“ Daylight Forensic & Advisory Conference, May 2008
“Q&A Session: ’Ask the Regulators’,” 2nd Annual Anti-Money Laundering & Counter-Terrorist Financing Forum, November 2007
SIFMA Law & Compliance Division Annual Seminar, 1987–2009
SIFMA Compliance & Legal Division Mid-Year Compliance Conference, 2004–06
Co-chair, Institutional Investor’s Anti-Money Laundering and Counter-Terrorist Financing Forum, 2005-06
“Know Your Clients: Practical AML/KYC Topics Facing Broker-Dealers and Future Commission Merchants,” Futures Industry Association, Law and Compliance Division Luncheon, November 2006
“AML Guidance for Investment Advisors,” Investment Management Compliance Summit, September 2006
FIA Law and Compliance Seminar, 2002–06
Institute for International Research on Bank Secrecy Act and Anti-Money Laundering, 1996-2005 (Co-chair of program 1999–05)
Co-chair, ICM Conference on Money Laundering, 1999–2002
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Memberships
Member, Board of Directors of National Organization of Italian American Women, 2009 - Present Member, Editoral Board of Complinet, 2009-Present Member, Board of Trustees of Federal Bar Council Foundation, 1997-2003; 2005-08 Member, Fordham Law Alumni Association, Board of Directors, 1997-Present Member, New York City Bar Association, Federal Courts Committee, 1993-94 Division Co-director, ABA Litigation Committee, 1991-92 Chair/Co-chair, ABA Securities Litigation Committee, 1989-91 Chair, Broker/Dealer Sub-Committee of Litigation Committee, 1987-89 Member, ABA White Collar Crime Committee, 1993-Present Secretary, New York Women's Bar Association, 1976-77
Professional Activities Securities Industry and Futures Industry Representative, U.S. Treasury Department Bank Secrecy Act Advisory Group, 1995-2008 Counsel, SIFMA Anti-Money Laundering Committee, 2000-Present Member of U.S. Delegation to FATF, October 2002 Chair, Ad Hoc Securities Industry Group on Bank Secrecy Act and Anti-Money Laundering, 1995-2000 U.S. Securities Industry Representative, Financial Action Task Force, 1998
Other Distinctions
The Best Lawyers in America New York Super Lawyers 2009 Recipient, NOW-NYC Women of Power & Influence Award 2008 Recipient, The Burton Award for Legal Achievement for article titled, "The Foreign Corrupt Practices Act: Recent Cases and Enforcement Trends" 2006 Recipient, Outstanding Paper Award, Emerald Literati Network 1998 Recipient, Director's Medal for Exceptional Service, Financial Crimes Enforcement network of the United States Treasury Department
Bar Admissions
Court Admissions
- U.S. District Court, Eastern District of New York 1975
- U.S. District Court, Southern District of New York 1975
Education
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Fordham University School of Law, J.D., 1974
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Trinity College, B.A., 1971
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Honors Program at Oxford University, 1969
Prior Experience
First Vice President and Assistant General Counsel, Merrill Lynch Pierce Fenner and Smith Inc., 1983-97 Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of New York, 1977-83 Adjunct Professor of Law, Fordham University School of Law 1982-84, 2003 Law Clerk to Honorable Vincent L. Broderick (U.S.D.C., S.D.N.Y.), 1976-77 Associate, Martin, Obermaier & Morvillo, 1974–76
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