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Speaker Firms and Organization:
Reed Smith
Kathleen A. Nandan
Counsel
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Presented By:
May 04, 2016
1
Partner Firms:
Texas A&M University Law
Prof. William Byrnes
Assoc. Dean (Sp. Proj.)
Pneuron
Simon Moss
CEO and President
May 04, 2016
2
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May 04, 2016
3
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May 04, 2016
4
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May 04, 2016
5
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Sponsor:
May 04, 2016
7
Pneuron Corporation enables organizations to rapidly solve business
problems through a groundbreaking, distributed approach that cuts across
data, applications and processes. By targeting the right information at the
data source, companies are no longer faced with the complex integration
and infrastructure requirements of traditional approaches. Pneuron’s
innovative Distributed Solutions Platform enables customers to accelerate
business value and develop reports, products and applications in half the
time and cost of traditional methods. Its distributed approach is non-invasive,
technology-agnostic and leverages an organization’s existing infrastructure,
avoiding the deployment risks and IT concerns that are prevalent in today’s
centralized data projects. For more information, visit us online
at:Pneuron.com, on Twitter or LinkedIn
Partner Firms:
May 04, 2016
8
Reed Smith is a global relationship law firm with more than 1,800 lawyers in
26 offices throughout the United States, Europe, Asia and the Middle
East. Founded in 1877, the firm represents leading international
businesses, from Fortune 100 corporations to mid-market and emerging
enterprises. Its lawyers provide litigation and other dispute-resolution
services in multi-jurisdictional and high-stakes matters, deliver regulatory
counsel, and execute the full range of strategic domestic and cross-border
transactions. Reed Smith is a preeminent advisor to industries including
financial services, life sciences, health care, advertising, entertainment and
media, shipping and transport, energy and natural resources, real estate,
manufacturing and technology, and education. For more information, visit
reedsmith.com.
Texas A&M University is the fifth largest U.S. public research institutions and
one of only 62 institutions to be designated a member of the prestigious
Association of American Universities. Texas A&M is distinguished as one of
the very few select academic institutions to hold triple federal designations
as a land-grant, sea-grant and space-grant university. Texas A&M’s
endowment exceed $10.5 billion, its annual system operational budget
exceeds $4 billion with its research budget over $800 million. Texas A&M
established its School of Law two years ago which in 2017 will begin offering
a risk management curriculum for executives.
Brief Speaker Bios:
Simon Moss
Simon Moss is the Chief Executive Officer and Board Member for Pneuron Corporation. In this role, Moss is responsible for
overseeing the management, strategy and operations of the business on a global basis. Under Moss’ leadership, the company was
founded, capitalized and the strategic platform developed, transforming Pneuron into a global technology provider. Simon brings over
20 years of successful strategic leadership at CEO, Partner and Board of Directors executive levels in the financial services industry,
and has a proven track record as a successful entrepreneur.
May 04, 2016
9
Kathleen A. Nandan
Kathie Nandan is Co-Chair of Reed Smith's Anti-Money Laundering and Trade Sanctions team and a member of the firm's Global
Regulatory Enforcement Group. She advises clients in a number of industries, including the financial services sector, on the conduct of
internal investigations, anti-money laundering and Bank Secrecy Act requirements, federal asset forfeiture, the False Claims Act, the
Financial Institutions Reform, Recovery and Enforcement Act, subpoena compliance, trial preparation, and other law enforcement-
related concerns. Kathie is certified by ACAMS as an Anti-Money Laundering Specialist. Kathie joined Reed Smith in 2013 after
serving more than a dozen years in the U.S. Attorney's Office in the Eastern District of New York where she was an authority on
federal asset forfeiture, money laundering, and complex financial investigations.
► For more information about the speakers, you can visit: https://theknowledgegroup.org/event-homepage/?event_id=1572
Prof. William Byrnes
Prof. William Byrnes, Texas A&M University School of Law, Author of Lexis’Money Laundering, Asset Forfeiture & Recovery, and
Compliance – A Global Guide.”
Professor William H. Byrnes, an Associate Dean of Texas A&M University School of Law, is “One of America’s leading experts on the
global battle against money laundering, Professor William Byrnes is the lead author of Money Laundering, Asset Forfeiture &
Recovery, and Compliance – A Global Guide.”
The Federal Banking Agencies (FBA) continue to focus attention on enforcement of the Bank Secrecy Act (BSA) and U.S. Anti-Money Laundering
(AML) laws. Concomitantly, banks and other financial institutions are facing new, complex, onerously challenging, and often contradictory regulatory,
supervisory, auditory, and compliance challenges. BSA/AML enforcement by the FBAs and the Financial Crimes Enforcement Network (FinCEN)
have increased dramatically to try and control the ever increasing flood of illegal activities.
For several years, financial institutions have understood the need to identify, mitigate, manage, and report potential or actual Anti-Money Laundering
transactions undertaken through their organizations. Yet, the on-going global and national effort to combat money laundering is a never-ending battle
against often ingenious white collar criminals, hoodlums, and dangerous gangs constantly trying to find new ways to cash in on their illegal activities.
Hand in hand with the flood of illegal activities, the regulators have increased the frequency and severity of sanctions on individuals, companies, and
organizations.
Yet, despite all the efforts and enormous expenditures of money and personnel, the battle is almost futile. The consequences of compliance failure
can be devastating even to a large bank. For example, Banamex (Citicorp) was fined $140 million in California for not having enough 'qualified and
knowledgeable' fraud and anti-money laundering staff! Rather than comply, Citigroup closed all branches in California and Texas. In 2012, HSBC
payed almost $1.9 billion in fines for allegations of money laundering through its Mexican subsidiary. It is a far greater challenge for smaller financial
institutions to monitor and mitigate money laundering and to comply with all the regulations of numerous agencies. Recently, two individuals set up a
collectors club to launder money from 83 million cracked accounts of JPMorgan Chase via Bitcoin transactions done through a small New Jersey
credit union that they took over.
FinCEN's 2014 advisory emphasizes their expectations that financial institution BSA/AML compliance programs will be robust and enforced. These
include requiring the direct involvement of managers and directors; having sufficient qualified compliance staff and related resources; adequately
sharing relevant compliance information; understanding and being compliant with BSA/AML reporting requirements; and using competent and
independent testing of their BSA/AML compliance programs.
May 04, 2016
10
It behooves every individual in a financial institution to understand the need to combat money laundering. Central to this is the need to educate all
staff, from senior executives to tellers and administrative staff, to understand and help identify or offset money laundering schemes and practices.
Until such organizational education is performed and robust anti-money laundering policies and procedures are enforced, all financial institutions will
face grave risks of litigation and sanctions; often with devastating consequences.
In this two-hour, LIVE Webcast, a notable panel of highly experienced thought leaders and professionals assembled by The Knowledge Group will
provide the audience with an in-depth overview of Anti-Money Laundering and provide Practical Guidance for Managing Regulatory Compliance. The
speakers will review past and recent litigation and sanctions and recent developments in Anti-Money Laundering.
Key Topics
• Anti-Money Laundering (AML) - A Legal Primer
• Identifying Money-Laundering Schemes
• AML Enforcement and Compliance
• Recent Litigation Cases
• Recent Regulatory Developments
• Compliance Failures and Challenges
• Best Practices: Policies and Procedures
• Best Practices: Compliance
• Best Practices: Audits and Testing
May 04, 2016
11
Featured Speakers:
May 04, 2016
12
SEGMENT 1:
Simon Moss
CEO and President
Pneuron
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
SEGMENT 3:
Prof. William Byrnes
Assoc. Dean (Sp. Proj.)
Texas A&M University Law
Introduction
Simon Moss is the Chief Executive Officer and Board Member for Pneuron Corporation. In this role, Moss is responsible for
overseeing the management, strategy and operations of the business on a global basis. Under Moss’ leadership, the
company was founded, capitalized and the strategic platform developed, transforming Pneuron into a global technology
provider. Simon brings over 20 years of successful strategic leadership at CEO, Partner and Board of Directors executive
levels in the financial services industry, and has a proven track record as a successful entrepreneur.
Moss was most recently the CEO of Avistar and served four years with Mantas, moving the company into positive revenue
streams and ultimate acquisition by Oracle Corporation. Previously, he served as Partner at Price Waterhouse Coopers, and
was co-Founder of Risk Management Services Practice at IBM, all rounding out his extensive experience in financial
services, trading and consulting practices. Simon excels in corporate revitalization and developing new go to market
strategies for small emerging businesses as well as Fortune 1000 organizations. Moss is also on the Board of Directors for
C6 Intelligence.
May 04, 2016
13
SEGMENT 1:
Simon Moss
CEO and President
Pneuron
Modern Money Laundering:
Three Exposures to the AML
Program and how to Tackle Them.
May 04, 2016
14
SEGMENT 1:
Simon Moss
CEO and President
Pneuron
The Key Challenges Threatening the AML Program
Traditional technical and organizational challenges remain problematic, with new more complex
challenges focused on exploiting these weaknesses. Effective money laundering exploits
disorganization – in data, in processes, in investigative analytics.
May 04, 2016
15
INCONSISTENT
KYC,
ONBOARDING
& CUSTOMER
AWARENESS
ACROSS LOBS
Exploit size
and diversity of
FI Global
Business
JURISTDICT-
ION ABUSE
CROSS
SYSTEM
“MULTI-BANK”
LAUNDERING
DATA
FRAGMENTAT-
ION ACROSS
LoBS &
TECHNOLOGY
SILOS
MULTI-ASSET
CLASS
STRUCTURES
Exploit
heterogeneous
FI Technology
Now
Soon
TMS ALERT
VOLUMES
UNDERMINING
FIU
PRODUCTIVITY
DIRECT
“ATTACKS”
ON FIU
“COMMUNITY”
BASED TRN
TYPES
TIME BASED
“INNOCUOUS”
LOSS LEADER
BUSINESS
CONSTRUCTS
“ACTIVE”
FALSE
POSITIVE
GENERATION
Exploit diversity
and scale of
AML FIU
volumes.
Challenge:
• Current FIU and Investigation processes are manual, highly inefficient,
costly, opaque and lack both portability and agility.
• This lack of effective automated process is undermining the
effectiveness of the entire AML Program.
May 04, 2016
16
45
Minutes
TMS ALERT
VOLUMES
UNDERMINING
FIU
PRODUCTIVITY
May 04, 2016
17
Remedy:
• Automate data access, data calibration, analysis and disposition
recommendations.
• The result is consistent processes and investigation, a higher leverage
of key resources and investigative accuracy and quality feedback.
Automate all administrative functions associated with
Alert Investigations:
① Seamlessly interact will all data sources to
understand customer relationship (without the
need of data lakes, EDWs or databases).
② Collect and process 3rd party and external data for
negative news, watch list, social media and other
contextual information.
③ Automate the post-decision evidence collection
and archival.
④ Build investigative audit train for program
refinement and regulator review.
1 2 3 4
5-7
Minutes
TMS ALERT
VOLUMES
UNDERMINING
FIU
PRODUCTIVITY
May 04, 2016
18
Challenge:
• Risk Models remain inconsistent and lack completeness of relationship
and behavioral continuum.
• Progress has been made in quantitative model analysis, though
significant numbers of data sources to enrich and improve these models
are not consistently leveraged.
KYC docs
Expected
Behavior
Profile
Watch
List
Screen
Check
Customer
Risk Model
Common
Risk Model
Inputs
INCONSIST-
ENT KYC,
ONBOARDING
& CUSTOMER
AWARENESS
ACROSS
LOBS
?
May 04, 2016
19
Remedy:
• Seamlessly combine EDD data, transaction monitoring and disciplines
into Onboarding and KYC activities.
• Complete and consistent understanding of the customer – a highly
leveragable asset.
?
Risk Model Inputs
Customer Risk
Model
Negative
News
Associations
Peer Analysis
Social
Behavior
EDD Inputs
Organization
structures
Credit and
Other Risk
Models
Critical
Interesting
Common
KYC docs
Expected
Behavior
Profile
Watch List
Screen
Check
INCONSIST-
ENT KYC,
ONBOARDING
& CUSTOMER
AWARENESS
ACROSS
LOBS
May 04, 2016
20
Challenge:
• Heterogeneous data and associated technology and processes remains
the foundational challenge for the AML program – in opacity, in cost and
in risk.
• Current processes and deployments do not establish the transparency,
consistency, resiliency and agility needed to combat modern laundering
DATA
FRAGMENTAT-
ION ACROSS
LoBS &
TECHNOLOGY
SILOS
1. Manual or Spreadsheet based reporting
Date
Warehouse/
Lake
ETL
2. “Best of Breed” or Regulatory Platform Technology
MDM/Matching SW
Business Intelligence SW
Remediation
☒ Repetitively expensive
☒ Operationally inflexible
☒ Inconsistent
☒ Not-Portable
☒ Slow
☒ Lacks business agility
☒ High capital
expense/low ROI
☒ Invasive to existing
systems
☒ Inflexible with
multiple technology
integrations
☒ Multi-year
technology project
☒ Lacks business
agility
May 04, 2016
21
Remedy:
• New technologies have the opportunity to revolutionize AML transparency,
speed and consistency.
• Deployed in weeks, not years, and resulting with 50-70% improvement in
productivity for a fraction of deployment and operational costs of the past.
2. One touch point to all
Enterprise operational
systems, internal and
external data sources
1. “Fabric” of interoperable
services providing data
access, integration, analysis
and display.
“Regulatory Fabric”
3. Reports and Regulations
are now lens into the
same operational systems
rather than separate, silo
projects.
KYC/Customer360
AML/BSA
Anti-corruption/HR
Fraud
AML/Fraud
DoddFrank/CCAR
BaselIII
FATCA
Mfid
RiskManagement
BCBS239
CapitalEfficiency
DATA
FRAGMENTAT-
ION ACROSS
LoBS &
TECHNOLOGY
SILOS
May 04, 2016
22
“ONE OF THE MOST INTRIGUING ENTERPRISE PRODUCTS IN A LONG TIME”.
(Mark Gibbs)
“EXQUISITE…. TRULY GAME CHANGING”. (Robin Bloor)
TOP ENTERPRISE INNOVATION OF 2014
“QUITE UNLIKE ANYTHING I HAVE EVER SEEN”
“PNEURON’S TECHNOLOGY IS BLOODY BRILLIANT. REALLY.”
COOL VENDOR of 2015: Big Data*
“JAW DROPPING” (Doug Laney)
TOP 25 COMPANIES THE WORLD NEEDS TO KNOW ABOUT
TOP COMPANY TO WATCH IN 2016
Thank you
For more information:
http://pneuron.com/pneuron-use-
cases/financial-crimes-anti-money-
laundering/
Introduction
Kathie Nandan is Co-Chair of Reed Smith's Anti-Money Laundering and Trade Sanctions team and a member of the firm's
Global Regulatory Enforcement Group. She advises clients in a number of industries, including the financial services sector,
on the conduct of internal investigations, anti-money laundering and Bank Secrecy Act requirements, federal asset
forfeiture, the False Claims Act, the Financial Institutions Reform, Recovery and Enforcement Act, subpoena compliance,
trial preparation, and other law enforcement-related concerns. Kathie is certified by ACAMS as an Anti-Money Laundering
Specialist. Kathie joined Reed Smith in 2013 after serving more than a dozen years in the U.S. Attorney's Office in the
Eastern District of New York where she was an authority on federal asset forfeiture, money laundering, and complex
financial investigations. While at the U.S. Attorney's Office, Kathie served as Principal Deputy Chief, Civil Division, where
she was second-in-command to one of largest civil divisions in the country, assisted with all aspects of management, and
oversaw the office's civil affirmative practice, including health care and mortgage fraud. She also served as Deputy Chief
and later Chief of the Forfeiture Unit, overseeing forfeiture recoveries of more than $338 million in fiscal years 2007-2011.
May 04, 2016
23
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
Principles of Prosecution
May 04, 2016
24
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
General Principles Governing Charging Decisions in Criminal Prosecutions
• Principles of Federal Prosecution, U.S. Attorney’s Manual
(“USAM”), § 9-27.000, https://www.justice.gov/usam/usam-9-
27000-principles-federal-prosecution
• Principles of Federal Prosecution Of Business Organizations,
USAM § 9-28.000, https://www.justice.gov/usam/usam-9-
28000-principles-federal-prosecution-business-organizations
• District Attorney of the County of New York, Considerations in
Charging Organizations, May 10, 2010, available at
http://www.criminallawlibraryblog.com/2010/06/new_york_count
y_district_attor.html
May 04, 2016
25
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
General Principles Governing Prosecution of Business Organizations
May 04, 2016
26
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
• Nature and seriousness of the offense
• Pervasiveness of wrongdoing
• History of similar misconduct
• Timely and voluntary disclosure
• Cooperation with the investigation
• Remedial actions
• Collateral consequences
• Adequacy of prosecution of the individuals
• Adequacy of civil/regulatory enforcement actions
FinCEN and the “Culture of Compliance”
• Advisory to U.S. Financial Institutions on Promoting a Culture of Compliance, FIN-2014-A007, August
11, 2014, available at https://www.fincen.gov/news_room/advisory/
• Guidance to Financial Institutions
• Leadership Should be Engaged
• Revenue Should Not Compromise Compliance
• Information Should be Shared
• Leadership Should Provide Adequate Resources
• Program Should be Effective and Tested
• Leadership Should Understand How BSA Data is Used
May 04, 2016
27
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
Individual Liability
May 04, 2016
28
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
Individual Liability
• Regulators (i.e., SEC, FINRA, FinCEN) have
expressed commitment to pursuing individuals in
appropriate cases
• NYDFS proposal:
http://www.dfs.ny.gov/about/press/pr1512011.htm
• DOJ’s Yates Memo
May 04, 2016
29
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
The Yates Memo: Individual Accountability
for Corporate Wrongdoing (September 9, 2015)
 Memo designed “to ensure that all attorneys across the Department are consistent in our best efforts
to hold to account the individuals responsible for illegal corporate conduct.”
 Applies to civil and criminal matters
May 04, 2016
30
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
The Yates Memo’s “Six Key Steps”
 Cooperation credit for company requires disclosure of “all relevant facts” re individuals
 Investigations should focus on individuals from the outset
 Criminal and civil attorneys on corporate investigations must communicate routinely
 Resolution with company will not automatically result in civil and/or criminal release for the individual
 DOJ attorney resolving case against company must have “clear plan” to resolve related cases
against individuals
 Civil attorneys must consider more than ability to pay when deciding whether to sue
May 04, 2016
31
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
Practical Take Aways
May 04, 2016
32
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
Robust Program
• Tone from top
• Communication between functions
• Regular audits, testing, and follow up on news, subpoenas, etc.
May 04, 2016
33
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
Introduction
Prof. William Byrnes, Texas A&M University School of Law, Author of Lexis’Money Laundering, Asset Forfeiture &
Recovery, and Compliance – A Global Guide.”
Professor William H. Byrnes, an Associate Dean of Texas A&M University School of Law, is “One of America’s leading
experts on the global battle against money laundering, Professor William Byrnes is the lead author of Money Laundering,
Asset Forfeiture & Recovery, and Compliance – A Global Guide.” Ray Camiscioli, Esq., Director, Product Strategy &
Development for Tax, Accounting and Estates/Elder Law, LexisNexis, Inc. Money Laundering, Asset Forfeiture and
Recovery, and Compliance- A Global Guide is an eBook designed to provide the compliance officer, BSA counsel, and
government agent with accurate analyses of the AML/CTF Financial and Legal Intelligence, law and practice in the nations
of the world with the most current references and resources. William Byrnes held a senior position of international tax for a
big 6 firm and has been commissioned by a number of governments. He is developing a tax and legal risk management
curriculum at Texas A&M University. He may be contacted at williambyrnes@gmail.com.
May 04, 2016
34
SEGMENT 3:
Prof. William Byrnes
Assoc. Dean (Sp. Proj.)
Texas A&M University Law
Talking Points
1. The Panama Papers and Their Impact
2. FATCA and its related reporting and reporting forms
3. The OECD Common Reporting Standard CRS differences
4. FinCEN Proposed Rule (2014) Customer Due Diligence Requirements for Financial Institutions
5. Incorporation Transparency and Law enforcement Assistance Act (ITLEA) of 2016
May 04, 2016
35
SEGMENT 3:
Prof. William Byrnes
Assoc. Dean (Sp. Proj.)
Texas A&M University Law
May 04, 2016
36
Contact Info:
Simon Moss
CEO and President
Pneuron
E: simon@pneuron.com
T: (202) 416 6890
Prof. William Byrnes
Assoc. Dean (Sp. Proj.)
Texas A&M University Law
E: williambyrnes@law.tamu.edu
T: (817) 212-3969
Kathleen A. Nandan
Counsel
Reed Smith
E: knandan@reedsmith.com
T: (412) 288 3076
► You may ask a question at anytime throughout the presentation today. Simply click on the question mark icon located on the floating tool bar on the bottom right side of your screen. Type
your question in the box that appears and click send.
► Questions will be answered in the order they are received.
Q&A:
May 04, 2016
37
SEGMENT 1:
Simon Moss
CEO and President
Pneuron
SEGMENT 2:
Kathleen A. Nandan
Counsel
Reed Smith
SEGMENT 3:
Prof. William Byrnes
Assoc. Dean (Sp. Proj.)
Texas A&M University Law
May 04, 2016
38
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Anti-Money Laundering: Practical Guidance for Managing Regulatory Compliance in 2016 Webcast

  • 1. Speaker Firms and Organization: Reed Smith Kathleen A. Nandan Counsel Thank you for logging into today’s event. Please note we are in standby mode. All Microphones will be muted until the event starts. We will be back with speaker instructions @ 02:55pm. Any Questions? Please email: info@theknowledegroup.org Group Registration Policy Please note ALL participants must be registered or they will not be able to access the event. If you have more than one person from your company attending, you must fill out the group registration form. We reserve the right to disconnect any unauthorized users from this event and to deny violators admission to future events. To obtain a group registration please send a note to info@theknowledgegroup.org or call 646.202.9344. Presented By: May 04, 2016 1 Partner Firms: Texas A&M University Law Prof. William Byrnes Assoc. Dean (Sp. Proj.) Pneuron Simon Moss CEO and President
  • 2. May 04, 2016 2  Please note the FAQ.HELP TAB located to the right of the main presentation. On this page you will find answers to the top questions asked by attendees during webcast such as how to fix audio issues, where to download the slides and what to do if you miss a secret word. To access this tab, click the FAQ.HELP Tab to the right of the main presentation when you’re done click the tab of the main presentation to get back.  For those viewing the webcast on a mobile device, please note: o These instructions are for Apple and Android devices only. If you are using a Windows tablet, please follow the instructions for viewing the webcast on a PC. o The FAQ.HELP TAB will not be visible on mobile devices. o You will receive the frequently asked questions & other pertinent info through the apps chat window function on your device. o On Apple devices you must tap the screen anywhere to see the task bar which will show up as a blue bar across the top of the screen. Click the chat icon then click the chat with all to access the FAQ’s. o Feel free to submit questions by using the “questions” function built-in to the app on your device. o You may use your device’s “pinch to zoom function” to enlarge the slide images on your screen. o Headphones are highly recommended. In the event of audio difficulties, a dial-in number is available and will be provided via the app’s chat function on your device.
  • 3. May 04, 2016 3  Follow us on Twitter, that’s @Know_Group to receive updates for this event as well as other news and pertinent info.  If you experience any technical difficulties during today’s WebEx session, please contact our Technical Support @ 866-779-3239. We will post the dial information in the chat window to the right shortly and it’s available in the FAQ.Help Tab on the right.  You may ask a question at anytime throughout the presentation today via the chat window on the lower right hand side of your screen. Questions will be aggregated and addressed during the Q&A segment.  Please note, this call is being recorded for playback purposes.  If anyone was unable to log in to the online webcast and needs to download a copy of the PowerPoint presentation for today’s event, please send an email to: info@theknowledgegroup.org. If you’re already logged in to the online Webcast, we will post a link to download the files shortly and it’s available in the FAQ.Help Tab
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  • 5. May 04, 2016 5 Welcome to the Knowledge Group Unlimited Subscription Programs. We have Two Options Available for You: FREE UNLIMITED: This program is free of charge with no further costs or obligations. It includes:  Unlimited access to over 15,000 pages of course material from all Knowledge Group Webcasts.  Subscribers to this program can download any slides, white papers, or supplemental material covered during all live webcasts.  50% discount for purchase of all Live webcasts and downloaded recordings. PAID UNLIMITED: Our most comprehensive and cost-effective plan, for a one-time fee:  Access to all LIVE Webcasts (Normally $199 to $349 for each event without a subscription). Including: Bring-a-Friend – Invite a client or associate outside your firm to attend for FREE. Sign up for as many webcasts as you wish.  Access to all of Recorded/Archived Events & Course Material includes 1,500+ hours of audio material (Normally $299 for each event without a subscription).  Free Certificate of Attendance Processing (Normally $49 Per Course without a subscription).  Access to over 15,000 pages of course material from Knowledge Group Webcasts.  Ability to invite a guest of your choice to attend any live webcast Free of charge (Exclusive benefit only available for PAID UNLIMITED subscribers).  6 Month Subscription is $499 with No Additional Fees Other options are available.  Special Offer: Sign up today and add 2 of your colleagues to your plan for free Check the “Triple Play” box on the sign-up sheet contained in the link below. https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_157964
  • 6. May 04, 2016 6 Knowledge Group UNLIMITED PAID Subscription Programs Pricing: Individual Subscription Fees: (2 Options) Semi-Annual: $499 one-time fee for a 6 month subscription with unlimited access to all webcasts, recordings, and materials. Annual: $799 one-time fee for a 12 month unlimited subscription with unlimited access to all webcasts, recordings, and materials. Group plans are available. See the registration form for details. Best ways to sign up: 1. Fill out the sign up form attached to the post conference survey email. 2. Sign up online by clicking the link contained in the post conference survey email. 3. Click the link below or the one we just posted in the chat window to the right. https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_157964 Questions: Send an email to: info@theknowledgegroup.org with “Unlimited” in the subject.
  • 7. Sponsor: May 04, 2016 7 Pneuron Corporation enables organizations to rapidly solve business problems through a groundbreaking, distributed approach that cuts across data, applications and processes. By targeting the right information at the data source, companies are no longer faced with the complex integration and infrastructure requirements of traditional approaches. Pneuron’s innovative Distributed Solutions Platform enables customers to accelerate business value and develop reports, products and applications in half the time and cost of traditional methods. Its distributed approach is non-invasive, technology-agnostic and leverages an organization’s existing infrastructure, avoiding the deployment risks and IT concerns that are prevalent in today’s centralized data projects. For more information, visit us online at:Pneuron.com, on Twitter or LinkedIn
  • 8. Partner Firms: May 04, 2016 8 Reed Smith is a global relationship law firm with more than 1,800 lawyers in 26 offices throughout the United States, Europe, Asia and the Middle East. Founded in 1877, the firm represents leading international businesses, from Fortune 100 corporations to mid-market and emerging enterprises. Its lawyers provide litigation and other dispute-resolution services in multi-jurisdictional and high-stakes matters, deliver regulatory counsel, and execute the full range of strategic domestic and cross-border transactions. Reed Smith is a preeminent advisor to industries including financial services, life sciences, health care, advertising, entertainment and media, shipping and transport, energy and natural resources, real estate, manufacturing and technology, and education. For more information, visit reedsmith.com. Texas A&M University is the fifth largest U.S. public research institutions and one of only 62 institutions to be designated a member of the prestigious Association of American Universities. Texas A&M is distinguished as one of the very few select academic institutions to hold triple federal designations as a land-grant, sea-grant and space-grant university. Texas A&M’s endowment exceed $10.5 billion, its annual system operational budget exceeds $4 billion with its research budget over $800 million. Texas A&M established its School of Law two years ago which in 2017 will begin offering a risk management curriculum for executives.
  • 9. Brief Speaker Bios: Simon Moss Simon Moss is the Chief Executive Officer and Board Member for Pneuron Corporation. In this role, Moss is responsible for overseeing the management, strategy and operations of the business on a global basis. Under Moss’ leadership, the company was founded, capitalized and the strategic platform developed, transforming Pneuron into a global technology provider. Simon brings over 20 years of successful strategic leadership at CEO, Partner and Board of Directors executive levels in the financial services industry, and has a proven track record as a successful entrepreneur. May 04, 2016 9 Kathleen A. Nandan Kathie Nandan is Co-Chair of Reed Smith's Anti-Money Laundering and Trade Sanctions team and a member of the firm's Global Regulatory Enforcement Group. She advises clients in a number of industries, including the financial services sector, on the conduct of internal investigations, anti-money laundering and Bank Secrecy Act requirements, federal asset forfeiture, the False Claims Act, the Financial Institutions Reform, Recovery and Enforcement Act, subpoena compliance, trial preparation, and other law enforcement- related concerns. Kathie is certified by ACAMS as an Anti-Money Laundering Specialist. Kathie joined Reed Smith in 2013 after serving more than a dozen years in the U.S. Attorney's Office in the Eastern District of New York where she was an authority on federal asset forfeiture, money laundering, and complex financial investigations. ► For more information about the speakers, you can visit: https://theknowledgegroup.org/event-homepage/?event_id=1572 Prof. William Byrnes Prof. William Byrnes, Texas A&M University School of Law, Author of Lexis’Money Laundering, Asset Forfeiture & Recovery, and Compliance – A Global Guide.” Professor William H. Byrnes, an Associate Dean of Texas A&M University School of Law, is “One of America’s leading experts on the global battle against money laundering, Professor William Byrnes is the lead author of Money Laundering, Asset Forfeiture & Recovery, and Compliance – A Global Guide.”
  • 10. The Federal Banking Agencies (FBA) continue to focus attention on enforcement of the Bank Secrecy Act (BSA) and U.S. Anti-Money Laundering (AML) laws. Concomitantly, banks and other financial institutions are facing new, complex, onerously challenging, and often contradictory regulatory, supervisory, auditory, and compliance challenges. BSA/AML enforcement by the FBAs and the Financial Crimes Enforcement Network (FinCEN) have increased dramatically to try and control the ever increasing flood of illegal activities. For several years, financial institutions have understood the need to identify, mitigate, manage, and report potential or actual Anti-Money Laundering transactions undertaken through their organizations. Yet, the on-going global and national effort to combat money laundering is a never-ending battle against often ingenious white collar criminals, hoodlums, and dangerous gangs constantly trying to find new ways to cash in on their illegal activities. Hand in hand with the flood of illegal activities, the regulators have increased the frequency and severity of sanctions on individuals, companies, and organizations. Yet, despite all the efforts and enormous expenditures of money and personnel, the battle is almost futile. The consequences of compliance failure can be devastating even to a large bank. For example, Banamex (Citicorp) was fined $140 million in California for not having enough 'qualified and knowledgeable' fraud and anti-money laundering staff! Rather than comply, Citigroup closed all branches in California and Texas. In 2012, HSBC payed almost $1.9 billion in fines for allegations of money laundering through its Mexican subsidiary. It is a far greater challenge for smaller financial institutions to monitor and mitigate money laundering and to comply with all the regulations of numerous agencies. Recently, two individuals set up a collectors club to launder money from 83 million cracked accounts of JPMorgan Chase via Bitcoin transactions done through a small New Jersey credit union that they took over. FinCEN's 2014 advisory emphasizes their expectations that financial institution BSA/AML compliance programs will be robust and enforced. These include requiring the direct involvement of managers and directors; having sufficient qualified compliance staff and related resources; adequately sharing relevant compliance information; understanding and being compliant with BSA/AML reporting requirements; and using competent and independent testing of their BSA/AML compliance programs. May 04, 2016 10
  • 11. It behooves every individual in a financial institution to understand the need to combat money laundering. Central to this is the need to educate all staff, from senior executives to tellers and administrative staff, to understand and help identify or offset money laundering schemes and practices. Until such organizational education is performed and robust anti-money laundering policies and procedures are enforced, all financial institutions will face grave risks of litigation and sanctions; often with devastating consequences. In this two-hour, LIVE Webcast, a notable panel of highly experienced thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth overview of Anti-Money Laundering and provide Practical Guidance for Managing Regulatory Compliance. The speakers will review past and recent litigation and sanctions and recent developments in Anti-Money Laundering. Key Topics • Anti-Money Laundering (AML) - A Legal Primer • Identifying Money-Laundering Schemes • AML Enforcement and Compliance • Recent Litigation Cases • Recent Regulatory Developments • Compliance Failures and Challenges • Best Practices: Policies and Procedures • Best Practices: Compliance • Best Practices: Audits and Testing May 04, 2016 11
  • 12. Featured Speakers: May 04, 2016 12 SEGMENT 1: Simon Moss CEO and President Pneuron SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith SEGMENT 3: Prof. William Byrnes Assoc. Dean (Sp. Proj.) Texas A&M University Law
  • 13. Introduction Simon Moss is the Chief Executive Officer and Board Member for Pneuron Corporation. In this role, Moss is responsible for overseeing the management, strategy and operations of the business on a global basis. Under Moss’ leadership, the company was founded, capitalized and the strategic platform developed, transforming Pneuron into a global technology provider. Simon brings over 20 years of successful strategic leadership at CEO, Partner and Board of Directors executive levels in the financial services industry, and has a proven track record as a successful entrepreneur. Moss was most recently the CEO of Avistar and served four years with Mantas, moving the company into positive revenue streams and ultimate acquisition by Oracle Corporation. Previously, he served as Partner at Price Waterhouse Coopers, and was co-Founder of Risk Management Services Practice at IBM, all rounding out his extensive experience in financial services, trading and consulting practices. Simon excels in corporate revitalization and developing new go to market strategies for small emerging businesses as well as Fortune 1000 organizations. Moss is also on the Board of Directors for C6 Intelligence. May 04, 2016 13 SEGMENT 1: Simon Moss CEO and President Pneuron
  • 14. Modern Money Laundering: Three Exposures to the AML Program and how to Tackle Them. May 04, 2016 14 SEGMENT 1: Simon Moss CEO and President Pneuron
  • 15. The Key Challenges Threatening the AML Program Traditional technical and organizational challenges remain problematic, with new more complex challenges focused on exploiting these weaknesses. Effective money laundering exploits disorganization – in data, in processes, in investigative analytics. May 04, 2016 15 INCONSISTENT KYC, ONBOARDING & CUSTOMER AWARENESS ACROSS LOBS Exploit size and diversity of FI Global Business JURISTDICT- ION ABUSE CROSS SYSTEM “MULTI-BANK” LAUNDERING DATA FRAGMENTAT- ION ACROSS LoBS & TECHNOLOGY SILOS MULTI-ASSET CLASS STRUCTURES Exploit heterogeneous FI Technology Now Soon TMS ALERT VOLUMES UNDERMINING FIU PRODUCTIVITY DIRECT “ATTACKS” ON FIU “COMMUNITY” BASED TRN TYPES TIME BASED “INNOCUOUS” LOSS LEADER BUSINESS CONSTRUCTS “ACTIVE” FALSE POSITIVE GENERATION Exploit diversity and scale of AML FIU volumes.
  • 16. Challenge: • Current FIU and Investigation processes are manual, highly inefficient, costly, opaque and lack both portability and agility. • This lack of effective automated process is undermining the effectiveness of the entire AML Program. May 04, 2016 16 45 Minutes TMS ALERT VOLUMES UNDERMINING FIU PRODUCTIVITY
  • 17. May 04, 2016 17 Remedy: • Automate data access, data calibration, analysis and disposition recommendations. • The result is consistent processes and investigation, a higher leverage of key resources and investigative accuracy and quality feedback. Automate all administrative functions associated with Alert Investigations: ① Seamlessly interact will all data sources to understand customer relationship (without the need of data lakes, EDWs or databases). ② Collect and process 3rd party and external data for negative news, watch list, social media and other contextual information. ③ Automate the post-decision evidence collection and archival. ④ Build investigative audit train for program refinement and regulator review. 1 2 3 4 5-7 Minutes TMS ALERT VOLUMES UNDERMINING FIU PRODUCTIVITY
  • 18. May 04, 2016 18 Challenge: • Risk Models remain inconsistent and lack completeness of relationship and behavioral continuum. • Progress has been made in quantitative model analysis, though significant numbers of data sources to enrich and improve these models are not consistently leveraged. KYC docs Expected Behavior Profile Watch List Screen Check Customer Risk Model Common Risk Model Inputs INCONSIST- ENT KYC, ONBOARDING & CUSTOMER AWARENESS ACROSS LOBS ?
  • 19. May 04, 2016 19 Remedy: • Seamlessly combine EDD data, transaction monitoring and disciplines into Onboarding and KYC activities. • Complete and consistent understanding of the customer – a highly leveragable asset. ? Risk Model Inputs Customer Risk Model Negative News Associations Peer Analysis Social Behavior EDD Inputs Organization structures Credit and Other Risk Models Critical Interesting Common KYC docs Expected Behavior Profile Watch List Screen Check INCONSIST- ENT KYC, ONBOARDING & CUSTOMER AWARENESS ACROSS LOBS
  • 20. May 04, 2016 20 Challenge: • Heterogeneous data and associated technology and processes remains the foundational challenge for the AML program – in opacity, in cost and in risk. • Current processes and deployments do not establish the transparency, consistency, resiliency and agility needed to combat modern laundering DATA FRAGMENTAT- ION ACROSS LoBS & TECHNOLOGY SILOS 1. Manual or Spreadsheet based reporting Date Warehouse/ Lake ETL 2. “Best of Breed” or Regulatory Platform Technology MDM/Matching SW Business Intelligence SW Remediation ☒ Repetitively expensive ☒ Operationally inflexible ☒ Inconsistent ☒ Not-Portable ☒ Slow ☒ Lacks business agility ☒ High capital expense/low ROI ☒ Invasive to existing systems ☒ Inflexible with multiple technology integrations ☒ Multi-year technology project ☒ Lacks business agility
  • 21. May 04, 2016 21 Remedy: • New technologies have the opportunity to revolutionize AML transparency, speed and consistency. • Deployed in weeks, not years, and resulting with 50-70% improvement in productivity for a fraction of deployment and operational costs of the past. 2. One touch point to all Enterprise operational systems, internal and external data sources 1. “Fabric” of interoperable services providing data access, integration, analysis and display. “Regulatory Fabric” 3. Reports and Regulations are now lens into the same operational systems rather than separate, silo projects. KYC/Customer360 AML/BSA Anti-corruption/HR Fraud AML/Fraud DoddFrank/CCAR BaselIII FATCA Mfid RiskManagement BCBS239 CapitalEfficiency DATA FRAGMENTAT- ION ACROSS LoBS & TECHNOLOGY SILOS
  • 22. May 04, 2016 22 “ONE OF THE MOST INTRIGUING ENTERPRISE PRODUCTS IN A LONG TIME”. (Mark Gibbs) “EXQUISITE…. TRULY GAME CHANGING”. (Robin Bloor) TOP ENTERPRISE INNOVATION OF 2014 “QUITE UNLIKE ANYTHING I HAVE EVER SEEN” “PNEURON’S TECHNOLOGY IS BLOODY BRILLIANT. REALLY.” COOL VENDOR of 2015: Big Data* “JAW DROPPING” (Doug Laney) TOP 25 COMPANIES THE WORLD NEEDS TO KNOW ABOUT TOP COMPANY TO WATCH IN 2016 Thank you For more information: http://pneuron.com/pneuron-use- cases/financial-crimes-anti-money- laundering/
  • 23. Introduction Kathie Nandan is Co-Chair of Reed Smith's Anti-Money Laundering and Trade Sanctions team and a member of the firm's Global Regulatory Enforcement Group. She advises clients in a number of industries, including the financial services sector, on the conduct of internal investigations, anti-money laundering and Bank Secrecy Act requirements, federal asset forfeiture, the False Claims Act, the Financial Institutions Reform, Recovery and Enforcement Act, subpoena compliance, trial preparation, and other law enforcement-related concerns. Kathie is certified by ACAMS as an Anti-Money Laundering Specialist. Kathie joined Reed Smith in 2013 after serving more than a dozen years in the U.S. Attorney's Office in the Eastern District of New York where she was an authority on federal asset forfeiture, money laundering, and complex financial investigations. While at the U.S. Attorney's Office, Kathie served as Principal Deputy Chief, Civil Division, where she was second-in-command to one of largest civil divisions in the country, assisted with all aspects of management, and oversaw the office's civil affirmative practice, including health care and mortgage fraud. She also served as Deputy Chief and later Chief of the Forfeiture Unit, overseeing forfeiture recoveries of more than $338 million in fiscal years 2007-2011. May 04, 2016 23 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 24. Principles of Prosecution May 04, 2016 24 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 25. General Principles Governing Charging Decisions in Criminal Prosecutions • Principles of Federal Prosecution, U.S. Attorney’s Manual (“USAM”), § 9-27.000, https://www.justice.gov/usam/usam-9- 27000-principles-federal-prosecution • Principles of Federal Prosecution Of Business Organizations, USAM § 9-28.000, https://www.justice.gov/usam/usam-9- 28000-principles-federal-prosecution-business-organizations • District Attorney of the County of New York, Considerations in Charging Organizations, May 10, 2010, available at http://www.criminallawlibraryblog.com/2010/06/new_york_count y_district_attor.html May 04, 2016 25 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 26. General Principles Governing Prosecution of Business Organizations May 04, 2016 26 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith • Nature and seriousness of the offense • Pervasiveness of wrongdoing • History of similar misconduct • Timely and voluntary disclosure • Cooperation with the investigation • Remedial actions • Collateral consequences • Adequacy of prosecution of the individuals • Adequacy of civil/regulatory enforcement actions
  • 27. FinCEN and the “Culture of Compliance” • Advisory to U.S. Financial Institutions on Promoting a Culture of Compliance, FIN-2014-A007, August 11, 2014, available at https://www.fincen.gov/news_room/advisory/ • Guidance to Financial Institutions • Leadership Should be Engaged • Revenue Should Not Compromise Compliance • Information Should be Shared • Leadership Should Provide Adequate Resources • Program Should be Effective and Tested • Leadership Should Understand How BSA Data is Used May 04, 2016 27 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 28. Individual Liability May 04, 2016 28 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 29. Individual Liability • Regulators (i.e., SEC, FINRA, FinCEN) have expressed commitment to pursuing individuals in appropriate cases • NYDFS proposal: http://www.dfs.ny.gov/about/press/pr1512011.htm • DOJ’s Yates Memo May 04, 2016 29 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 30. The Yates Memo: Individual Accountability for Corporate Wrongdoing (September 9, 2015)  Memo designed “to ensure that all attorneys across the Department are consistent in our best efforts to hold to account the individuals responsible for illegal corporate conduct.”  Applies to civil and criminal matters May 04, 2016 30 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 31. The Yates Memo’s “Six Key Steps”  Cooperation credit for company requires disclosure of “all relevant facts” re individuals  Investigations should focus on individuals from the outset  Criminal and civil attorneys on corporate investigations must communicate routinely  Resolution with company will not automatically result in civil and/or criminal release for the individual  DOJ attorney resolving case against company must have “clear plan” to resolve related cases against individuals  Civil attorneys must consider more than ability to pay when deciding whether to sue May 04, 2016 31 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 32. Practical Take Aways May 04, 2016 32 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 33. Robust Program • Tone from top • Communication between functions • Regular audits, testing, and follow up on news, subpoenas, etc. May 04, 2016 33 SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith
  • 34. Introduction Prof. William Byrnes, Texas A&M University School of Law, Author of Lexis’Money Laundering, Asset Forfeiture & Recovery, and Compliance – A Global Guide.” Professor William H. Byrnes, an Associate Dean of Texas A&M University School of Law, is “One of America’s leading experts on the global battle against money laundering, Professor William Byrnes is the lead author of Money Laundering, Asset Forfeiture & Recovery, and Compliance – A Global Guide.” Ray Camiscioli, Esq., Director, Product Strategy & Development for Tax, Accounting and Estates/Elder Law, LexisNexis, Inc. Money Laundering, Asset Forfeiture and Recovery, and Compliance- A Global Guide is an eBook designed to provide the compliance officer, BSA counsel, and government agent with accurate analyses of the AML/CTF Financial and Legal Intelligence, law and practice in the nations of the world with the most current references and resources. William Byrnes held a senior position of international tax for a big 6 firm and has been commissioned by a number of governments. He is developing a tax and legal risk management curriculum at Texas A&M University. He may be contacted at williambyrnes@gmail.com. May 04, 2016 34 SEGMENT 3: Prof. William Byrnes Assoc. Dean (Sp. Proj.) Texas A&M University Law
  • 35. Talking Points 1. The Panama Papers and Their Impact 2. FATCA and its related reporting and reporting forms 3. The OECD Common Reporting Standard CRS differences 4. FinCEN Proposed Rule (2014) Customer Due Diligence Requirements for Financial Institutions 5. Incorporation Transparency and Law enforcement Assistance Act (ITLEA) of 2016 May 04, 2016 35 SEGMENT 3: Prof. William Byrnes Assoc. Dean (Sp. Proj.) Texas A&M University Law
  • 36. May 04, 2016 36 Contact Info: Simon Moss CEO and President Pneuron E: simon@pneuron.com T: (202) 416 6890 Prof. William Byrnes Assoc. Dean (Sp. Proj.) Texas A&M University Law E: williambyrnes@law.tamu.edu T: (817) 212-3969 Kathleen A. Nandan Counsel Reed Smith E: knandan@reedsmith.com T: (412) 288 3076
  • 37. ► You may ask a question at anytime throughout the presentation today. Simply click on the question mark icon located on the floating tool bar on the bottom right side of your screen. Type your question in the box that appears and click send. ► Questions will be answered in the order they are received. Q&A: May 04, 2016 37 SEGMENT 1: Simon Moss CEO and President Pneuron SEGMENT 2: Kathleen A. Nandan Counsel Reed Smith SEGMENT 3: Prof. William Byrnes Assoc. Dean (Sp. Proj.) Texas A&M University Law
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  • 40. May 04, 2016 40 ABOUT THE KNOWLEDGE GROUP The Knowledge Group is an organization that produces live webcasts which examine regulatory changes and their impacts across a variety of industries. “We bring together the world's leading authorities and industry participants through informative two-hour webcasts to study the impact of changing regulations.” If you would like to be informed of other upcoming events, please click here. Disclaimer: The Knowledge Group is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Group does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Group‘s views. In no event shall The Knowledge Group be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast. Certain images and/or photos on this page are the copyrighted property of 123RF Limited, their Contributors or Licensed Partners and are being used with permission under license. These images and/or photos may not be copied or downloaded without permission from 123RF Limited