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)