La filtración irresponsable de información confidencial

The irresponsible leak of confidential information

This is a translation of an article that was published today at Prensa.com in the Republic of Panama

The leak of FinCEN’s suspicious transaction reports from the United States, (the equivalent of the Financial Analysis Unit of Panama) by the ICIJ International Consortium of Investigative Journalists) is an irresponsible and sensationalist act from that institution, since it violates the trust and confidentiality that is crucial to have it between the governmental institutions and the obligated subjects.

Banks in the United States, as well as banks in Panama and in the whole world, as well as all obligated subjects, have the obligation to report suspicious transactions reports to FinCEN so that institution analyses the information received and proceed, with the Justice Department, to make the pertinent investigations.

Those banks complied with their duty to report to FinCEN what they considered suspicious. That does not mean that the bank is in fact laundering money. Banks do not have the obligation to close those accounts, since by doing it they can cut the investigation process with respect to that account and/or transaction.

It is delusional to think that good or bad money does not go through the banks. Banks are, worldwide, the channels for the deposit and movement of currencies globally. The truth is that the weight of the obligation for all obligated subjects, worldwide, to report, and to be the police of the financial and commercial system, is enormous from the legal and economic point of view.

Many of these reports to the intelligence unit of the corresponding country – when analyzed – do not have any illegal connection. Those who do have links to criminal activities, are sent to the respective public ministries.

These in turn, by prioritizing all reports that they receive from the units, added to the complaints they receive from the general public, will prioritize those they consider having the most value, the rest is lost in the system.

For this reason, the number of cases that have culminated to bring the criminal perpetrators is negligible.

Perhaps, one of the lessons of this leak is that the global money laundering prevention system is to seek a balance between legal obligations and results.

The implications of this leak by ICIJ are innumerable, not only from a reputational point of view, but also from a legal and security point of view for FinCEN, the banking institutions and the compliance department of each of these banks, since the confidential information that has been disclosed and may cause legal claims towards banks by the reported persons as well as personal danger for the reporting compliance officers.

What is evident, for the United States and worldwide, is that we must find a way to protect this confidential and sensitive information, not only from the point of view of cyber protection itself, but also from the quality of the personnel that works in those public and private institutions that may, for reasons of their own, selfish and resentful, be willing to sell and / or leak confidential information.

Source: La Prensa

Paul ‘tHoen

ADVISOR

Paul ‘t Hoen brings more than 40 years of brand strategy and marketing communications experience throughout the Latin America/Caribbean region, including 5 years based in Panama City as Managing Director of McCann-Erickson.

Paul ‘t Hoen brings know-how and expertise in consumer insight and dynamics, positioning and brand purpose, communication technologies (digital, social, mass media and direct), consumer journey and an array of industries throughout Latin America.

His passion for marketing communications goes back to his days as an undergraduate at Stanford University where he researched imagery-mediated learning while majoring in Psychology and Economics.

A citizen of The Netherlands, Paul ‘t Hoen presently resides in Mexico City after 40 years with McCann-Erickson in 6 countries and covering 2 regions.

Marjorie Chanis

ADVISOR

Marjorie Chanis began her career with Dell in 2003, as Sales Manager for Small and Medium Business in Latin America. Currently, she leads the Latin American business transformation and sales operations team for Dell EMC.

With more than 20 years of experience in the technology industry, obtained from various leadership positions, Marjorie Chanis brings to Berg Associates in depth knowledge in strategy, organization, business development, sales and marketing.

Marjorie Chanis holds a Master’s Degree in Business Administration from the Latin American University of Science and Technology (ULACIT) in Panama, a Public Relations Postgraduate from Florida International and a B.Sc. in Mass Communication from the Santa Maria La Antigua Catholic University (USMA) in Panama.

Languages: English and Spanish

Melissa Valderrábano Díaz

ASSOCIATE

She holds a Master’s Degree in Business Administration (MBA) with emphasis in Marketing, graduated from the Universidad Latinoamericana de Ciencias y Tecnología in Panama.

Melissa Valderrábano Díaz has experience implementing marketing strategies, new product launches and corporate image for the financial and consumer products sectors. She has extensive knowledge of banking processes, both front-end and back-end operations and their functioning at a local and international level.

Melissa Valderrábano Díaz has successfully led the implementation of the following projects: Launching of the new corporate image of Multi Credit Bank to Multibank, Launching of the Plan Futura Savings Account and ATRÉVETE Motivational Program for Banco Uno, Re-branding strategy from Corporate Banking to Consumer Banking for Banco Continental, Design and launching of the Gallito candy brand for Philip Morris Panama among others.

In recent years, she ventured into the reinsurance market enhancing the international projection of the Active Re brand in different traditional and digital media.

At Berg, Melissa Valderrábano Días is an Associate Consultant in the development, marketing and sales of e-learning products.

Languages: Spanish and English

Michelle Williams

ASSOCIATE

Industrial Engineer with a Master’s Degree in Supply Chain Administration. She has studied in Canada, Puerto Rico and Panama.

At Berg Associates, Michelle Williams is a certified translator in Spanish / English and vice versa.

David Mulgrave Saavedra

ASSOCIATE

Business Administrator graduated from the Regiomontana University of Mexico, he is also an Authorized Public Accountant and Auditor, degrees acquired at the same university.

He has more than 15 years of experience as a Sales manager in multinational companies such as Digicel Panamá, Telefónica Movistar, Bellsouth, ASSA Compañía de Seguros, Grupo Melo, Central Exportadora Silbros and Namutek Fintech. In addition to having been Director of Planning and Finance of the Colon Free Zone Administration.

He has extensive experience in strategic country planning, marketing, logistics, personnel management, budgeting with full P&L responsibility.

At Berg, David Mulgrave is a Consultant Associate in Development, Marketing and Sales of e-learning products.

Gisela Figge de Iturbide

ASSOCIATE

Has a Master’s Degree in Business Administration from INCAE Business School in Costa Rica, as well as a Bachelor’s Degree in Economics and Geography from Clark University in Worcester, Massachusetts in the United States.

She is experienced in project management and human resources management.

At Berg Associates, Gisela Figge de Iturbide is a certified translator in Spanish / English and vice versa.

Marelissa Quintero de Stanziola

ASSOCIATE

Lawyer with a recognized career in the Panamanian financial sector. Specialist in the security market sector. She worked for 16 years in the Panamanian securities regulator, holding various management positions, interim commissioner in various periods, until she was appointed as Superintendent of the Securities Market for the period 2015 -2019. Being the first woman to hold this important position.

In the banking sector, she worked at MMG Bank Corporation, in addition to supporting other companies in the Morgan & Morgan Group Financial Unit, such as MMG Asset Management, Casa de Valores.

Currently partner at Virtu Atelier Legal.

She was recognized internationally while occupying important positions at IOSCO, International Organization of Securities Market Regulators. She was in two terms as Vice-President of the Inter-American Committee; and was also part of the IOSCO Board of Directors. It was the first time that Panama participated in the governing body in charge of setting standards worldwide.

She has been invited as a speaker and panelist at numerous national and international conferences on the securities market, compliance, corporate governance, gender parity, sustainable finance and issues related to financial markets in general.

Actively participates in organizations such as the Institute of Corporate Governance of Panama (IGCP), Women in Profession (WIP), Association of Directors of Panama (ADP). Proniñez Association of Panama. She is also an instructor at the Securities Education Program of Latin-American Securities Stock Exchange (LATINEX).

Activist in gender equality, she was a member of the National Council for Gender Parity.

She is also an independent director. She holds a Master of Business and International Law, LLM from Stetson University College of Law, Florida U.S.

At Berg Associates, she is a consultant in the areas of compliance, corporate governance for the financial sector.

Eduardo González Garay

ASSOCIATE

Master of Laws from the University of London, King’s College.

With more than 30 years of experience, at Berg Associates, Eduardo Gonzalez Garay is a Consultant advising financial and fiduciary institutions, HNW individuals and families, on all aspects of asset planning, structuring and administration, including cross border corporate solutions, trusts, and Foundations. Other areas of expertise include regulatory compliance and corporate governance for companies and complex corporate vehicles.

Languages: Spanish, English, Italian and French

Paulina Franceschi

ASSOCIATE

Holds a Doctorate in Microbiology from the University of Notre Dame in the United States. She is an academic, diplomat, and an excellent professional with a background in development and public policies.

As National Human Development Report Coordinator for the UN Development Programme (UNDP) in Panama, Paulina Franceschi led the elaboration of three National Human Development Reports: Poverty (2002), Youth (2004), and Institutionality (2007-2008).

Subsequently, she became Academic Vice Chancellor and Vice Chancellor for Postgraduate and Research at the Santa Maria La Antigua Catholic University (USMA) in Panama.

In 2014, Paulina Franceschi was appointed as Deputy Ambassador to the United Nations at the Panamanian UN Mission in New York. In 2015, she was appointed as Panama´s Ambassador to Austria and Permanent Representative of the International Organizations in Vienna.

At Berg Associates, Paulina Franceschi is an Associate Consultant in the area of CSR and Strategic Political Management.

Languages: Spanish and English

Miguel Cuéllar

ASSOCIATE

He has held management positions in public institutions of the agricultural sector, in the fields of: Planning, Socioeconomic Studies, Administration and Finance. He is a consultant for international organizations: the Inter-American Institute for Agricultural Cooperation (IICA), the International Service for National Agricultural Research (ISNAR), and the United Nations Food Organization (FAO).

In the social development sector, he was Program Officer for the United Nations Children’s Fund (UNICEF) in: Health, Education, Local Development, Water and Environmental Sanitation and as the Country Program Coordinator.

He has directed and accompanied the formulation of Strategic Plans for the United Nations (UN) in Panama, the Specialized University of the Americas (UDELAS), the Ministry of Economy and Finance (MEF) and the National Secretariat for People with Disabilities (SENADIS).

Miguel Cuéllar, is a teacher of masters and postgraduate courses in: Public Policy, Social Management, Strategic Planning and Formulation and Evaluation of projects.

At Berg, Miguel Cuellar is an Associate Consultant in Corporate Social Responsibility, Strategic Political Management, and Strategic Planning.

Luisa Turolla

ASSOCIATE

Economist with four decades of experience in her professional career, with emphasis in public policies and competitiveness. Proven experience in strategic planning and a working group’s facilitator.

Luisa Turolla has assisted Board of Directors in economic and financial issues. She is a consultant in international commerce, regulation and competition, strategies for development, institutional strengthening, public finances and fiscal policies, both for private and public sector clients, as well international organizations such as the Interamerican Development Bank (IDB), World Bank, UNDP, and the World Trade Organization (WTO), among others.

She actively participates in private sector associations.

In Berg Associates, Luisa Turolla is Associated Consultant in the areas of CSR, Strategic Political Management.

Languages: Spanish, Italian and English.

Víctor M. Delgado Moreno

ASSOCIATE

He is a professional with more than 20 years of experience in the legal and academic field, with experience in the private and public sector in Panama.

He has practiced his profession in different law firms in the areas of business, corporate, tax and commercial law, among others.

In the academic field, he served for 7 years as Dean of the Law School of Universidad Santa María La Antigua. He also managed the Law School of the Interamerican University of Panama.

In the period 2020-2022, he was the first Superintendent of Non-Financial Subjects of Panama, leading the creation and decentralization process of the entity, as well as the management of the areas of regulation and supervision.

He has led projects sponsored by international organizations such as the Inter-American Federation of Lawyers, Development Bank of Latin America CAF, USAID, among others.

He belongs to different organizations such as the Fulbright Scholars Association, the National Bar Association, Fundación Excelencia Educativa; and has participated in programs with the German Agency DAAD, among other organizations.

At Berg Associates, Victor Delgado is an Associate Consultant in the regulatory, compliance and training areas.

Languages: Spanish and English

Nora Jaén

ASSOCIATE

Nora Jaén has over 40 years of corporate experience in technology, Internet and telecommunications companies. She brings with her knowledge to Berg Associates (Latam) a vision and dynamics of the national market and the region, organization and sales based on her trajectory in different leadership positions in companies such as IBM, Sinfonet, Cable & Wireless, and ADR Technologies.

She has been part of management groups and multidisciplinary consulting firms at the national and international levels, giving value to industries such as Human Resources and placing high-level management professionals in essential companies in the region.

Nora Jaén has a degree in Business Administration from the University of Panama, with diplomas in Sales Management and Customer Service; Mergers, Acquisitions and Corporate Spin-offs; Post-sales and Customer Loyalty; Personnel Selection Integrated to the Competence Management Model.

At Berg, Nora Jaén is an Associate Consultant in developing, marketing and selling e-learning products.

Languages: English and Spanish