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According to OFAC, the apparent violations involved Kraken’s processing of 826 transactions totaling approximately $1,680,577 on behalf of individuals who appear to have been located in Iran at the time of the transactions. In determining the penalty due, OFAC considered that Kraken voluntarily self-disclosed the apparent violations and that the apparent violations constituted a non-egregious case. The Kraken settlement is unusual in that it explicitly notes Kraken’s agreement to invest an additional $100,000 in its sanctions compliance controls, emphasizing OFAC’s focus on the importance of sufficient resources being dedicated to such controls. OFAC ultimately determined that the apparent violations were non-egregious and that CAIS had voluntarily self-disclosed the apparent violations. CA Indosuez S.A. On September 26, 2022, OFAC announced a $750,258 civil settlement with CA Indosuez S.A. OFAC determined CAIS had reason to know of these apparent violations given that the account holders’ know-your-customer files included address information indicating that they resided in sanctioned jurisdictions.
The amendments raised the applicable statutory maximum civil penalty amounts to $356,579 per violation of the International Emergency Economic Powers Act and $105,083 per violation of the Trading With the Enemy Act . The applicable penalties for various OFAC-administered recordkeeping violations were increased to between $1,377 and $68,928, depending on the type of recordkeeping violation. In total, through the end of 2022, federal and state authorities imposed approximately $3.88 billion in penalties and asset seizures for AML/sanctions violations. This large increase reflected a return of multiple large, multi-agency resolutions as well as a rash of seizures of high-value assets owned by Russian oligarchs. The New York Department of Financial Services (“DFS”) continued to focus on AML as a key area, and has increasingly focused on crypto companies, including notable AML enforcement actions against Robinhood Crypto and Coinbase.
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OFAC noted that CAIS also had failed to fully and effectively implement its parent company’s sanctions compliance program, including with respect to screening procedures for clients’ addresses. The U.S. government also imposed prohibitions on the importation into the United States of Russian-origin energy products (e.g., crude oil, petroleum, liquified natural gas, coal) and Russian-origin fish, seafood, alcohol, and diamonds. On April 6, 2022, President Biden issued an executive order prohibiting U.S. persons from engaging in any “new investment” in Russia. Shortly thereafter, OFAC also prohibited the export by U.S. persons of certain categories of services to Russia, including accounting services, trust and corporate formation services, and management consulting services.
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