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OCC issues a Consent Order against Anchorage Digital Bank
The Office of the Comptroller of the Currency (OCC) has issued a consent order against Anchorage Digital Bank, a digital asset platform and infrastructure provider. The independent bureau within the United States Department of the Treasury took this action because Anchorage failed to implement AML.
OCC takes action
The OCC Consent Order added that Anchorage Digital failed “to adopt and implement a compliance program,” which is a major requirement for the Bank Secrecy Act/Anti-Money Laundering (BSA/AML) policy’s implementation.“The OCC holds all nationally chartered banks to the same high standards, whether they engage in traditional or novel activities,” said the Acting Comptroller of the Currency, Michael J. Hsu. “When institutions fall short, we will take action and hold them accountable to ensure compliance with federal laws and regulations.”As pointed out in the Order, the OCC had granted conditional approval for the conversion of Anchorage Trust Company, headquartered in South Dakota, to become Anchorage Digital Bank, National Association. Following the conditional approval, Anchorage had to follow the BSA/AML laws, or else the deal might fall through.
15 days to create a compliance committee
It is important to note that Anchorage didn’t admit or deny the OCC's allegations. On the other hand, the company has only 15 days to form a compliance committee, as per the Order, whose major members are not employees of the firm.“As of 2021, the Bank failed to adopt and implement a compliance program that adequately covers the required BSA/AML program elements, including, in particular, internal controls for customer due diligence and procedures for monitoring suspicious activity, BSA officer and staff, and training,” said the Order from OCC.The new OCC chief, Michael J. Hsu, which took office in 2021, has decided to review all of its policies in the past year and bring all matters to justice. However, he also revealed that he’d keep an open mind.
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