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The Morning Risk Report: Court Rules Against Trump on Subpoenas to Deutsche Bank, Capital One
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The appeals court agreed to stay its ruling for a week in order to give President Trump the opportunity to seek emergency intervention from the Supreme Court. PHOTO: STEFANI REYNOLDS/CNP/ZUMA PRESS
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Good morning. A federal appeals court ruled House Democrats can enforce subpoenas to two banks seeking a broad range of President Trump’s financial records, as well as those of his family and their businesses.
The New York-based U.S. Court of Appeals for the Second Circuit rejected Mr. Trump’s request to block subpoenas issued by two House committees earlier this year to Deutsche Bank and Capital One Financial. The subpoenas seek bank and brokerage account records, records on loans and lines of credit and documents from bank employees that served the president and his family.
[Continued below…]
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The Intelligence Committee is investigating efforts by foreign entities to influence the U.S. political process, including whether foreign actors have financial leverage over the Trump family and its businesses. The Financial Services Committee is investigating bank-lending practices, including for Mr. Trump and entities tied to him.
The Second Circuit, in a divided ruling, said the committees had valid and lawful purposes for seeking documents, even though the information was about the Trump family’s private financial and business affairs. “The public interest in vindicating the committee’s constitutional authority is clear and substantial,” Judge Jon Newman wrote for the majority in a 106-page opinion that was joined by Judge Peter Hall.
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DOJ Open to Restitution Claims From Bribery Victims, Official Says
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The Justice Department wants to hear from companies or individuals who may have been victims of foreign bribery schemes and want restitution, an official said Tuesday.
“If there is a victim of a crime, we of course want the victim to come forward,” Daniel Kahn, a senior deputy chief of the department’s criminal fraud section, said during a New York City Bar Association event. “That is one of our primary objectives: to make sure the victims are whole.”
In a first under the U.S. Foreign Corrupt Practices Act, a federal judge in Brooklyn in August ruled that former investors in an African mine were victims of a bribery scheme by the hedge fund Sculptor Capital Management Ltd.
The investors filed their claim after Sculptor—previously called Och-Ziff—reached a $213 million settlement with prosecutors over their role in several African bribery schemes. The Justice Department initially opposed the claim, but changed its position after the judge’s ruling, saying Sculptor should pay at least $150 million to the investors.
Mr. Kahn declined to comment directly on the case. Certain companies or individuals may not qualify as victims under the U.S. laws governing restitution claims, he said.
—Dylan Tokar
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Ships Blacklisted for Allegedly Moving Oil From Venezuela to Cuba
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The U.S. imposed sanctions on six ships for allegedly transporting petroleum products from Venezuela to Cuba, as the U.S. continues to increase pressure against the Nicolás Maduro regime in Venezuela, the U.S. Treasury Department said Tuesday.
Venezuela moves crude oil to Cuba in exchange for security and intelligence assistance, the Treasury said, as Havana is one of the remaining sources of support for President Maduro’s government, which the Trump administration considers corrupt and illegitimate.
The crude oil and products tankers are owned by Venezuela’s state-owned oil company Petróleos de Venezuela SA, or PdVSA, which was blacklisted in January, the Treasury said. The U.S. also identified the Esperanza, which is the new name for the vessel previously called Nedas that was blacklisted in April, according to the Treasury. The U.S. said the Maduro regime and Cuba change the names of ships to circumvent sanctions. Efforts to reach PdVSA for comment were unsuccessful.
—Mengqi Sun
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From Risk & Compliance Journal
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Raw hemp at a Tennessee farm. Banks are no longer required to file reports on customers who cultivate hemp, regulators said. PHOTO: ANDREA MORALES FOR THE WALL STREET JOURNAL
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Banks are no longer required to file suspicious activity reports on customers who cultivate hemp, a group of financial regulators said Tuesday in clarifying the compliance requirements for banks whose customers produce hemp.
Banks are still required to file reports on customers in the hemp business if they suspect suspicious activity, regulators said. The Treasury’s Financial Crimes Enforcement Network will issue additional guidance after further evaluation of the USDA’s rules governing hemp production, regulators said.
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Recording artist Selena Gomez, at the 2019 American Music Awards on Nov. 24. Genius Media said it watermarked lyrics from her single ‘Lose You to Love Me’ before posting them, then found the watermarked lyrics in a Google information panel. PHOTO: MARIO ANZUONI/REUTERS
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Five months after it accused Google of publishing lifted song lyrics, music website Genius Media Group Inc. is suing the search giant over what it alleges amounts to anticompetitive behavior that has harmed its business.
The lawsuit, filed in state court in Brooklyn, N.Y., on Tuesday, seeks $50 million in combined minimum damages from Google and LyricFind, a Canadian company that provides the music lyrics.
The case puts the spotlight on growing concerns that big tech companies like Google, a unit of Alphabet, can stifle smaller competitors through some of their business practices. The Justice Department and Federal Trade Commission have started investigating some of the actions of tech companies. Companies such as Yelp and TripAdvisor are among others that have accused Google of unfairly preferencing its own content in search results.
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A highly anticipated watchdog report is expected to detail significant problems with how the FBI has shared information with the Justice Department and could prompt changes to those practices and the bureau’s culture, according to people familiar with the findings.
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William “Rick” Singer approached seven Stanford athletic coaches in his efforts to get students admitted as potential recruits over the past decade, though only one coach took the bait and endorsed applicants in exchange for money, the university said. The university vowed to improve internal controls, including creating written policies regarding fundraising while recruiting athletes and requirements around more carefully vetting donations, Stanford President Marc Tessier-Lavigne wrote in a letter to the school community Tuesday. A recent review showed no evidence of additional fraud, the school said.
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Employees of Amazon’s India operations sort packages on the outskirts of Bangalore. PHOTO: MANJUNATH KIRAN/AGENCE FRANCE-PRESSE/GETTY IMAGES
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After Walmart sealed a $16 billion deal last year to buy India’s biggest domestic e-commerce startup, it got some bad news. India was changing its e-commerce regulations.
Foreign-owned online retailers would need to modify their supply chains and stop deep discounting. Those rules didn’t apply to Indian companies. India, the world’s biggest untapped digital market, has suddenly become a much tougher slog for American and other international players.
Over the past year, Indian policy makers have begun erecting roadblocks through special requirements for how U.S. tech companies structure their operations and handle data collected from Indian customers, according to industry executives and experts following the market.
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More telemarketers might be hanging up the phone next year after a New York law aimed at restricting nuisance calls takes effect. New York Gov. Andrew Cuomo, a Democrat, signed legislation placing new restrictions on companies calling New Yorkers. Sellers will now be required to disclose during the call that the person they are calling has the right to be placed on the company’s do-not-call list.
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Consumers with spotty or no credit histories might find it easier to get loans after federal banking regulators endorsed alternatives to traditional methods of assessing creditworthiness. The regulators on Tuesday backed the use of information such as borrowers’ cash flow as an alternative to the traditional credit-evaluation system, which relies on scores issued by companies such as Equifax and Experian based on applicants’ history of borrowing and repayments.
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LISA HANEY FOR THE WALL STREET JOURNAL
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To tamp down bro culture at Kitu Life Inc., the founding brothers hired a philosopher to inject diversity, ethics and values into the company.
“It felt like a locker room sometimes,” says Jim DeCicco, the CEO of Kitu Life. The atmosphere was super competitive and there were a few incidents where team members commented on a woman’s appearance or made an anti-Semitic joke. Mr. DeCicco was determined to stop the nonsense while the company was still small.
The philosopher at hand was Reid Blackman, a Brooklyn-based “ethical-risk” consultant who previously spent 20 years in academia, most recently teaching ethics at Colgate University, where Mr. DeCicco majored in philosophy. “I thought it was an interesting way for us to weave ethics, moral principles and values into our business without becoming this HR-compliant, corporate bureaucracy,” Mr. DeCicco says.
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A pedestrian walks past an Hermès store in Boston. Hermès shares fell Tuesday after President Trump threatened to impose tariffs on French imports. PHOTO: BRIAN SNYDER/REUTERS
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France bristled at President Trump’s plan to impose tariffs on French imports, saying the European Union stood ready to retaliate and raising the specter of a trans-Atlantic tit-for-tat.
As Mr. Trump and President Emmanuel Macron of France met on the sidelines of a North Atlantic Treaty Organization summit in London on Tuesday, the leaders tried to paper over the trade tensions, which erupted Monday evening after the Trump administration proposed levies of up to 100% on $2.4 billion of French imports.
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In France, Huawei Technologies Co. has filed a complaint against a researcher who claimed that the company is controlled by the state. PHOTO: MARLENE AWAAD/BLOOMBERG NEWS
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Huawei Technologies has been on a public-relations blitz to convince the world that it isn’t a bad actor. Now Huawei’s intensified defense of its image is also being waged on a legal front.
The Chinese telecommunications giant is pursuing legal campaigns against an array of overseas critics large and small. In France, it has filed a defamation complaint against a researcher who claimed that Huawei is controlled by the state. It secured a court judgment against a small newspaper in Lithuania that admitted mistranslating a German magazine’s report of a data breach in Africa, and has threatened to sue the Czech Republic government for saying the company’s smartphones aren’t secure.
The campaigns build on a broader PR push by Huawei and take aim at allegations that often repeat previously publicized critiques about the company’s alleged ties to Beijing.
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A CCTV camera in central London. Britain has one of the highest concentrations of surveillance technology in the world. PHOTO: TOLGA AKMEN/AGENCE FRANCE-PRESSE/GETTY IMAGES
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The U.K. has more surveillance cameras per capita than any other country in the West. But it is private companies’ cameras, not the government’s, that are starting to worry activists and regulators. Retailers, property firms and casinos are all taking advantage of Britain’s general comfort with surveillance to deploy their own cameras paired with live facial-recognition technology—the use of artificial intelligence to instantly recognize people caught in surveillance footage.
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Companies are racing to improve products and services with artificial intelligence, the Internet of Things and other emerging technologies, stoking fears that data is becoming more vulnerable to hackers. But rather than impeding the pace of innovation, these concerns are prompting many corporate security chiefs to accelerate the development of advanced capabilities, in a bid to turn the tables on attackers by better detecting the misuse of data and keeping it safe.
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The National Security Agency plans to issue updated guidance to companies on cybersecurity in the cloud, a senior official said, amid a series of attacks that have targeted service providers in recent months. Anne Neuberger, director of the NSA’s Cybersecurity Directorate, said that one of her division’s goals is to produce advisories for businesses and other organizations. The advisories will describe attack methods used by nation-state and advanced hackers and will lay out methods to counter them.
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‘I don’t want to be an old guy running this company,’ Mr. Glasenberg said. PHOTO: ANDREY RUDAKOV/BLOOMBERG NEWS
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Glencore signaled it intends to make management changes next year that would pave the way for the retirement of the mining company’s chief executive officer, Ivan Glasenberg. Updating investors on future strategy, Mr. Glasenberg said the company would meet in early 2020 to talk about a change in its “old guard.” Once a new layer of management is in place, Mr. Glasenberg said, he would be in a position to step aside.
Glencore’s share price this year has suffered from increased legal and regulatory scrutiny of its businesses, the group’s large exposure to coal, weak copper and cobalt prices, and other factors. Glencore said in July 2018 that it had received a subpoena from the U.S. Justice Department, demanding records related to its compliance with American antibribery and money-laundering laws in Congo, Nigeria and Venezuela.
Glencore has also said that it is the subject of an investigation by the U.S. Commodity Futures Trading Commission.
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Google’s co-founders stepped down from their active management roles at the internet giant, surrendering further control at a potential inflection point for the company. Billionaires Larry Page and Sergey Brin, who had been chief executive and president, respectively, of Google parent Alphabet, said they would hand control immediately to Sundar Pichai, Google’s existing CEO. They remain on Alphabet’s board and will together control a majority of voting power over company decisions under Alphabet’s dual-class share structure.
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Bridgewater Associates said Eileen Murray plans to step down as co-chief executive in March, culminating a sometimes rocky leadership transition at the world’s largest hedge fund. David McCormick, who has shared duties with Ms. Murray since 2017, will become sole CEO, the firm said Tuesday.
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