American Conference Institute’s 2nd Annual Forum on

Prepaid Card Compliance

Legal and Practical Guidance for Structuring Products and Mitigating Risk

Tuesday, June 23, 2009

About

Be a part of the premier legal and compliance event for the prepaid card industry

With the number and variety of prepaid products expanding at a rapid pace, it is more important than ever to ensure that you are in compliance with the myriad state and federal regulations and emerging legislation that impact the prepaid industry. As new features are added to existing products, regulations that were previously not applicable are now relevant. And new AML initiatives require that you reassess your compliance processes and procedures to make certain that they adequately mitigate the risks of money laundering and fraud.

American Conference Institute’s 2nd Annual Forum on Prepaid Card Compliance remains the only U.S. event that focuses solely on your legal, regulatory, and enforcement concerns. Our unparalleled faculty of regulatory and enforcement officials, compliance experts from industry leaders, and outside counsel specializing in prepaid card regulatory compliance, will provide you with key updates and strategic advice on:

  • Knowing what examiners will look for during a bsa examination and ensuring compliance in advance
  • Evaluating and improving upon your current AML and fraud deterrence programs
  • Implementing procedures that address insolvency risks of other parties
  • Assessing the applicability of Reg E to prepaid products with innovative features
  • Mitigating the likelihood of a prepaid card being treated as a checking account
  • Obtaining nonpublic personal information from other parties necessary for compliance
  • Analyzing state unclaimed property laws as they relate to prepaid products
  • Ensuring adequate consumer disclosures that are in compliance with UDAP rules

Contents & Contributors

About

Be a part of the premier legal and compliance event for the prepaid card industry

With the number and variety of prepaid products expanding at a rapid pace, it is more important than ever to ensure that you are in compliance with the myriad state and federal regulations and emerging legislation that impact the prepaid industry. As new features are added to existing products, regulations that were previously not applicable are now relevant. And new AML initiatives require that you reassess your compliance processes and procedures to make certain that they adequately mitigate the risks of money laundering and fraud.

American Conference Institute’s 2nd Annual Forum on Prepaid Card Compliance remains the only U.S. event that focuses solely on your legal, regulatory, and enforcement concerns. Our unparalleled faculty of regulatory and enforcement officials, compliance experts from industry leaders, and outside counsel specializing in prepaid card regulatory compliance, will provide you with key updates and strategic advice on:

  • Knowing what examiners will look for during a bsa examination and ensuring compliance in advance
  • Evaluating and improving upon your current AML and fraud deterrence programs
  • Implementing procedures that address insolvency risks of other parties
  • Assessing the applicability of Reg E to prepaid products with innovative features
  • Mitigating the likelihood of a prepaid card being treated as a checking account
  • Obtaining nonpublic personal information from other parties necessary for compliance
  • Analyzing state unclaimed property laws as they relate to prepaid products
  • Ensuring adequate consumer disclosures that are in compliance with UDAP rules

Contents & Contributors

Co-Chairs’ Opening Remarks
Chris Daniel, Chair, Payment Systems Group, Paul, Hastings, Janofsky & Walker LLP (Atlanta, GA)

Ensuring Compliance with Emerging Federal Regulatory, Enforcement, and Legislative Developments
Christopher L. Hencke, Counsel, FDIC (Washington, DC)
Gerard W. LiVigni, Senior Compliance Officer, U.S. Treasury Department , Office of Foreign Assets Control (OFAC) (Washington, DC)
Chris Daniel, Chair, Payment Systems Group, Paul, Hastings, Janofsky & Walker LLP (Atlanta, GA)
Andrew J. Lorentz, Counsel, Wilmer Cutler Pickering Hale and Dorr LLP (Washington, DC)

Keeping Pace with the Evolving State Regulatory and Enforcement Framework Governing Prepaid Products
Regina A. Stone, Deputy Superintendent for Licensed Financial Services, New York State Banking Department (New York, NY)
Donald J. Mosher, Partner, Schulte Roth & Zabel LLP (New York, NY)
Judith E. Rinearson, Partner, Bryan Cave LLP (New York, NY)

Integrating Federal Preemption Considerations Into Your Compliance Initiatives
Philip Keitel, Industry Specialist, Payment Cards Center, Federal Reserve Bank of Philadelphia (Philadelphia, PA)
John Hagy, Chief Legal Officer, MetaBank (Sioux Falls, SD)

Coordinating Communication and Compliance Efforts Amongst Issuing Banks, Processors, Program Managers, and Retailers
Jeremy Kuiper, Managing Director, Payment Solutions Group, The Bancorp Bank (Sioux Falls, SD)
Lisa M. Liban, Deputy General Counsel, InComm (Atlanta, GA)
J. Dax Hansen, Partner, Perkins Coie LLP (Seattle, WA)

Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
Brad Fauss, Senior Vice President & General Counsel, Springbok Services, Inc. (Englewood, CO)
Scott D. Feinstein, Associate General Counsel - Financial Products & Privacy, Sears Holdings Management Corporation (Hoffman Estates, IL)
Ted Teruo Kitada, Senior Company Counsel, Wells Fargo & Company (San Francisco, CA)

When a Reloadable Prepaid Card Becomes a Checking Account: Implications for the Prepaid Industry and Strategies for Avoiding This Scenario
John L. Douglas, Partner, Paul, Hastings, Janofsky & Walker LLP (Atlanta, GA)

AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Susan L. Smith, Senior Trial Attorney, Asset Forfeiture and Money Laundering, U.S. Department of Justice (Washington, DC)
Suzanne L. Williams, Manager, BSA/AML Risk Section, Federal Reserve Board (Washington, DC)
Krista A. Griffith, Vice President, AML Compliance, The Western Union Company (Englewood, CO)
Robert Rowe, VP/Sr. Counsel, Center for Regulatory Compliance, American Bankers Association (Washington, DC)
Jeff Ross, Chief Compliance Officer, Green Dot Corporation (Monrovia, CA)
Mike Urban, Senior Director, Fraud Solutions, Fair Isaac Corporation (Annandale, VA)

Responding to Bankruptcy and Failure Risks in the Prepaid Chain and Assessing the Impact of a Bankruptcy on the Remaining Participants

Bevin T. Murphy, Attorney, Federal Trade Commission, Bureau of Consumer Protection, Division of Financial Practices (Washington, DC)
Terrence P. Maher, Partner, Baird Holm LLP (Omaha, NE), Counsel to Network Branded Prepaid Card Association

Developing and Maintaining a BSA-Compliant Customer Identification Program
Joanne J. Haakinson, Director, BSA and Compliance Examinations, Office of Thrift Supervision (Washington, DC)
David Murray, Policy Advisor, U.S. Department of the Treasury (Washington, DC)
Thomas J. Firnhaber, CAMS, Director of Compliance, netSpend Corporation (Austin, TX)

Ensuring That Your Policies and Procedures Are In Compliance With the New UDAP Rule as It Applies to Prepaid Cards
Beth S. DeSimone, Counsel, Arnold & Porter LLP (Washington, DC)



DOCUMENT TYPES: PPT PDF DOC PRESENTATIONS AVAILABLE: 25

7:30
Registration and Coffee
8:30
Opening Remarks
Chris Daniel
Chair‚ Payment Systems Group
Paul Hastings LLP
Mr. John C. Ricci
General Counsel
Green Dot Corporation
8:45
Ensuring Compliance with Emerging Federal Regulatory‚ Enforcement‚ and Legislative Developments
Mr. Christopher L. Hencke
Counsel
FDIC
Ms. Koko Ives
Manager, BSA/AML Compliance Section
Board of Governors of the Federal Reserve System
Mr. Gerard W. LiVigni
Senior Compliance Officer, U.S. Treasury Department
Office of Foreign Assets Control (OFAC) (Washington, DC)
1 file
If you are calling about a wire transfer or other “live” transaction…
458.7 KB 20 pages White Paper
PDF - If you are calling about a wire transfer or other “live” transaction…
Chris Daniel
Chair‚ Payment Systems Group
Paul Hastings LLP
1 file
1 Regulation E & Rate Cap Legislation
76 KB 9 pages Presentation
PPT - 1 Regulation E & Rate Cap Legislation
Andrew J. Lorentz
Partner
Davis Wright Tremaine LLP
1 file
Emerging Payment Systems: Principles for Success
275 KB 15 pages Presentation
PPT - Emerging Payment Systems:  Principles for Success
10:15
Morning Coffee Break
10:30
Keeping Pace with the Evolving State Regulatory and Enforcement Framework Governing Prepaid Products
Ms. Regina A. Stone
Deputy Superintendent for Licensed Financial Services
New York State Banking Department
1 file
Stored Value/ Prepaid Cards
333 KB 19 pages Presentation
PPT - Stored Value/Prepaid Cards
Mr. John C. Ricci
General Counsel
Green Dot Corporation
Mr. Donald J. Mosher
Partner
Schulte Roth & Zabel LLP
1 file
State Law Money Transmitter Issues & Requirements
400.5 KB 14 pages Presentation
PPT - State Law Money Transmitter Issues & Requirements
Ms. Judith E. Rinearson
Partner
Bryan Cave LLP
1 file
Keeping Pace with the Evolving State Regulatory and Enforcement Framework Governing Prepaid Products
295 KB 18 pages Presentation
PPT - Keeping Pace with the Evolving State Regulatory andEnforcement Framework Governing Prepaid Products
11:45
Integrating Federal Preemption Considerations Into Your Compliance Initiatives
Mr. Philip Keitel
Industry Specialist, Payment Cards Center
Federal Reserve Bank of Philadelphia
1 file
The Preemption Doctrine & Prepaid Card Programs
241.5 KB 14 pages Presentation
PPT - The Preemption Doctrine & Prepaid Card Programs
Mr. John Hagy
Chief Legal Officer
MetaBank
1 file
Preemption Doctrine and Prepaid Card Programs
459 KB 14 pages Presentation
PPT - Preemption Doctrine and Prepaid Card Programs
12:45
Networking Luncheon
14:00
Coordinating Communication and Compliance Efforts Amongst Issuing Banks‚ Processors‚ Program Managers‚ and Retailers
Jeremy Kuiper
Managing Director, Payment Solutions Group
The Bancorp Bank
1 file
The Bancorp Bank Payment Solutions Group
1012 KB 7 pages Presentation
PPT - The Bancorp Bank Payment Solutions Group
- Ms. Lisa M. Liban
Vice President & Assistant General Counsel
Fiserv
1 file
Prepaid Card Compliance Conference
827 KB 13 pages Presentation
PPT - Prepaid Card Compliance Conference
-Mr. J. Dax Hansen
Partner
Perkins Coie LLP
1 file
Coordinating Communication & Compliance Efforts Among Parties in the Prepaid Chain
3.9 MB 18 pages Presentation
PPT - Coordinating Communication & Compliance Efforts Among Parties in the Prepaid Chain
15:15
Afternoon Refreshment Break
15:30
Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
Mr. Brad Fauss
Executive Vice President and General Counsel
Brightwell Payments, Inc.
2 files
Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
3.2 MB 34 pages Presentation
PPT - Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
When The Law Lags Behind The Technology
656.5 KB 7 pages Presentation
PPT - When The Law Lags Behind The Technology
Mr. Scott D. Feinstein
Associate General Counsel - Financial Products & Privacy
Sears Holdings Management Corporation
1 file
Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
3.2 MB 34 pages Presentation
PPT - Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
-Mr. Ted Teruo Kitada
Senior Company Counsel
Wells Fargo Bank‚ National Association
2 files
Providing Clear Guidance on the Legal and Regulatory Framework for Emerging Payment Systems
51 KB 7 pages White Paper
DOC - Providing Clear Guidance on the Legal and Regulatory Framework for Emerging Payment Systems
Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
3.2 MB 34 pages Presentation
PPT - Minimizing the Impact of States Applying Unclaimed Property Laws to Prepaid Products
16:45
When a Reloadable Prepaid Card Becomes a Checking Account: Implications for the Prepaid Industry and Strategies for Avoiding This Scenario
Mr. John L. Douglas
Partner
Paul‚ Hastings‚ Janofsky & Walker LLP
1 file
PREPAID CARDS: DEPOSITS? AND IF SO, SO WHAT?
453.5 KB 20 pages Presentation
PPT - PREPAID CARDS: DEPOSITS? AND IF SO, SO WHAT?
17:30
Conference Adjourns
7:30
Continental Breakfast
8:00
Co-Chairs' Remarks
8:05
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Susan Lea Smith
Senior Trial Attorney
Asset Forfeiture & Money Laundering Section, US Department of Justice
1 file
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
2.2 MB 64 pages Presentation
PPT - AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Ms. Suzanne L. Williams
Manager‚ BSA/AML Risk Section
Federal Reserve Board
1 file
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
2.2 MB 64 pages Presentation
PPT - AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Ms. Krista A. Griffith
Vice President‚ Compliance
Western Union
2 files
Compliance Considerations
1.7 MB 8 pages Presentation
PPT - Compliance Considerations
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
2.2 MB 64 pages Presentation
PPT - AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Mr. Robert Rowe
Vice President‚ Senior Counsel‚ Center for Regulatory Compliance
American Bankers Association
1 file
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
2.2 MB 63 pages Presentation
PPT - AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Mr. Jeff Ross
Chief Compliance Officer
Green Dot Corporation
1 file
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
2.2 MB 64 pages Presentation
PPT - AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
Mr. Michael Urban
Senior Director‚ Fraud Solutions
FICO
1 file
AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
2.2 MB 64 pages Presentation
PPT - AML Compliance and Fraud Deterrence Strategies for Prepaid Products: Managing the Threats
9:45
Coffee Break
10:00
Responding to Bankruptcy and Failure Risks in the Prepaid Chain and Assessing the Impact of a Bankruptcy on the Remaining Participants
Ms. Bevin T. Murphy
Attorney
Federal Trade Commission, Northeast Regional Office
1 file
Retail Bankruptcy Issues and the Prepaid Card Chain
183 KB 10 pages Presentation
PPT - Retail Bankruptcy Issues and the Prepaid Card Chain
Chris Daniel
Chair‚ Payment Systems Group
Paul Hastings LLP
1 file
BANKRUPTCY AND RECEIVERSHIP BASICS AND THE INTERPLAY OF MONEY TRANSMITTER STATUTES
596.5 KB 17 pages Presentation
PPT - BANKRUPTCY AND RECEIVERSHIP BASICS AND THE INTERPLAY OF MONEY TRANSMITTER STATUTES
Mr. Terrence P. Maher
Partner
Baird Holm LLP
1 file
Responding to Bankruptcy and Failure Risks in the Prepaid Chain
238 KB 14 pages Presentation
PPT - Responding to Bankruptcy and Failure Risksin the Prepaid Chain
11:00
Developing and Maintaining a BSA-Compliant Customer Identification Program
Ms. Joanne J. Haakinson
Director‚ BSA and Compliance Examinations
Office of Thrift Supervision
1 file
Prepaid Cards: Developing a BSA-Compliant Customer Identification Program
218.5 KB 9 pages Presentation
PPT - Prepaid Cards:Developing a BSA-Compliant Customer Identification Program
Mr. David J. Murray
Vice President, Financial Lines Claims
AIG
1 file
Misuse of Open Loop Prepaid Cards
1.5 MB 21 pages Presentation
PPT - Misuse of Open Loop Prepaid Cards
Mr. Thomas J. Firnhaber
Director of Compliance
netSpend Corporation
1 file
Prepaid Cards: Developing a BSA-Compliant Customer Identification Program
2.6 MB 20 pages Presentation
PPT - Prepaid Cards:Developing a BSA-Compliant Customer Identification Program
12:00
Ensuring That Your Policies and Procedures Are In Compliance With the New UDAP Rule as It Applies to Prepaid Cards
Ms. Beth S. DeSimone
Counsel
Arnold & Porter LLP
1 file
Unfair and Deceptive Practices: Ensuring that Your Policies and Procedures are Compliant with the New UDAP Rules and the CARD Act of 2009 as They Apply to Prepaid Cards
1.1 MB 17 pages Presentation
PPT - Unfair and Deceptive Practices: Ensuring that Your Policies and Procedures are Compliant with the New UDAP Rules and the CARD Act of 2009 as They Apply to Prepaid Cards
12:45
Conference Ends - Lunch for Master Class Participants