ARTICLES
ARTICLES
Introduction As August comes to an end we are saying goodbye to our inaugural team of summer interns. These six young women and men inspired all of us at Elinphant with their enthusiasm, knowledge and willingness to learn. We are very grateful for the work they did, whether it was applying for trademarks, doing Blue…
Financial services organizations are required by FINRA and SEC rules to review electronic correspondence to ensure that communications follow regulatory rules. But there is not a specific set of supervision procedures used by the industry.
Regulation Best Interest, or Reg BI, is scheduled to become effective on June 30.Elinphant’s Bill Meehan provides guidance on how your e-communication reviews should change under the new rule in a blog post on Smarsh’s website.
The spread of COVID-19 continues, with more than 3,600 deaths worldwide from the coronavirus. There have been more than 106,000 cases confirmed, with parts of China and Italy quarantined. Both the Futures Industry Association and SIFMA cancelled their annual conferences in Florida this month. The crisis has everyone from school administrators to government officials to…
Last year, former FBI special agent Peter Strzok and former FBI lawyer Lisa Page both brought lawsuits against the agency and the Department of Justice, accusing the government of privacy violations. The lawsuits were based on the public release of 375 texts the two had sent to each other. Putting aside the politics of the…
With March deadlines looming, is your organization ready to provide a substantive annual compliance report? Join Elin Cherry from Elinphant LLC for helpful guidance on how to efficiently and effectively compile your annual compliance report. The topics will include: * Using compliance technology to bolster your report by providing supporting evidence for your conclusions* Recommended…
Now that the SEC & FINRA 2020 examination priorities letters have been released, we will take a closer look at the trends in 2019 and what to look for in 2020. In the letters, the regulators highlighted their top priorities while reminding firms of the need to adopt comprehensive supervisory processes that will ensure compliance…
Welcome to the inaugural edition of The Tusk, my personal perspective on current issues that we all face in compliance. My goal is not just to summarize new regulatory developments but to offer comments that are practical and tactical. I hope you enjoy. Reflections I think it’s time for regulators to reconsider whether it makes sense for firms…
This week, Elinphant CEO Elin Cherry lends us her expertise in handling this increasingly common situation Cryptocurrency has arrived in force, and it's not just Bitcoin anymore. Coinmarketcap.com, a market tracker, currently lists 1577 cryptocurrencies being traded on 10417 cryptocurrency exchanges, with an emphasis on currently. Check back tomorrow and either number may have gone up, or…
Employees are participating in the cryptocurrency marketplace and firms need to address and supplement their employee trading, private transaction and outside business activity policies expediently. Although cryptocurrency and the cryptocurrency marketplace are novel, most of the activity is covered within current employee trading, private investments and outside business interests policies. However, many firms have not…
Adaptions and “CliffsNotes” version of FINRA 2018 Priorities. All opinions are my views and do not necessarily reflect FINRA guidance. My recommendations offer proactive advice to address FINRA priorities in anticipation of a FINRA examination, sweep letter or inquiry. I adjusted the topic structure to emphasize the priorities that I believe are newer, difficult to…
Elin is the CEO of Elinphant a financial compliance services firm. Elin ensures compliance officers who serve clients are skilled and knowledgeable in relation to the clients business and needs. Elin is known for looking at compliance challenges as well as marketing and sales in an innovative and direct manner.
Books and Records or lack thereof have become a focal point for regulators. Whether FINRA, SEC or MiFID II the requirements have become prescriptive. Audit trails are detailed; regulators utilize the audit trails to identify market patterns and fraud; these audit trails are required to be maintained as Books and Records. In the US, the…
Are you at Risk? Efficient and Effective Supervision In 2016 FINRA brought 1434 disciplinary actions against registered individuals and firms, and levied $176.3M in fines. With the ongoing onslaught on new social media channels, voice, mobile, and messaging apps entering the workforce, are you able to capture and review all communications used by your firm…
Elin is the CEO of Elinphant a financial compliance services firm. Elin ensures compliance officers who serve clients are skilled and knowledgeable in relation to the clients business and needs. Elin is known for looking at compliance challenges as well as marketing and sales in an innovative and direct manner.
A five-step process that guides the development of a governance and controls framework to protect your organization from the ever-increasing world of risks. (As featured in YPO Ignite Magazine, July 19, 2017) We all make mistakes. When I was working for a hedge fund, I watched one trader sell a bond to another trader —…
“There is a risk of innovating as well as well as not innovating” Bethany Dugan, OCC, Deputy Comptroller of Operational Risk Basic Terms: DLT (“Digitial Ledger Technology”): a form of technology such as Blockchain. Smart Contract: Contract between parties is written into code. The triggering event occurs and contract executes itself according to the…
Softek, a leading provider of Capital and Credit Management solutions have announced a new partnership with Elinphant LLC, a specialist consulting practice providing governance, risk management and compliance solutions to financial service firms. Elin Cherry, Chief Executive Officer at Elinphant LLC said; “Regulatory expectations regarding risk are becoming more stringent. Implementing near real-time monitoring in…
A complaint that is often heard about securities regulation is that it is a “check-the-box” exercise. In many instances, however, checking that box is a highly effective control. I do not agree with the check-the-box mentality. And I believe there are too many irrelevant boxes to check. Here are a couple of things to consider…
On May 17th, 2017, join Actiance and Elin Cherry in Washington, DC for an interactive discussion of the common supervisory pitfalls financial services firms face when dealing with oversight of electronic communications and what you can do to avoid them. Both broker-dealer and investment advisors are facing complex electronic communications oversight hurdles. Elin will be…
Join Elinphant’s Elin Cherry and Ann Keitner at NSCP’s New York Spring Conference on Tuesday, May 9th.
On May 3rd, 2017, join Actiance and Elin Cherry in Jersey City, NJ for an interactive discussion of the common supervisory pitfalls financial services firms face when dealing with oversight of electronic communications and what you can do to avoid them.
New aggressive growth companies benefit from innovative and flexible solutions to thrive—and that’s especially true in the professional services world. In professional services, employee quality can make or break a company. The challenge is to find the dedicated and skilled employees who are also affordable. There is an untapped labor force who fit the description…
Do you really have your email review process buttoned up? Of course, you ‘re reviewing emails (and in a timely manner) and have included social media in that review. You have turned on your filters. You have added your lexicons.
Going into 2017, we see that FINRA has many initiatives relating to equity market structure and automated trading activities
The Internet is a valuable research tool for both individuals and firms. However, it can also be used as a tool to adversely affect not only people, but corporations and the securities markets.
Most firms and surveillance groups approach electronic correspondence reviews in three ways: percentage of review, key words to identify problematic correspondence, and internal investigations.
Elin is the CEO of Elinphant a financial compliance services firm. Elin ensures compliance officers who serve clients are skilled and knowledgeable in relation to the clients business and needs. Elin is known for looking at compliance challenges as well as marketing and sales in an innovative and direct manner.
Compliance Executive Elin Cherry has founded Elinphant, LLC and is launching the business today.Based in Manhattan, Elinphant provides governance, risk management, and compliance solutions to financial services firms, including banks, broker dealers, investment advisors, hedge funds, and service providers to those entities. “What sets us apart from every other alternative is the ability to offer the most senior expert consultants in the industry who can deliver high…
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