June 23, 2017

In this article, Jenner & Block Partners Brian S. Scarbrough and Wade A. Thomson examine the recent civil settlement of Bank Secrecy Act claims brought by the US government against MoneyGram’s former chief compliance officer.  The authors explain that the government’s pursuit of the individual compliance officer at MoneyGram “set off alarms” among many.  Compliance officers in all industries, they observe, “should use this as an opportunity to review and understand the insurance coverage that could apply in the case of similar claims.  The most likely insurance to review is director and officers (D&O) liability insurance.”  The authors explore D&O insurance, concluding that “D&O liability insurance can offer important coverage for companies and their compliance officers as a supplement to corporate indemnification.  But terms vary greatly in the marketplace and require careful consideration.”