James Freis

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On May 8, 2020, Wirecard AG, the payments processor and financial services provider based in Germany announced that effective July 1, 2020, James Freis would be joining as executive board member [52] ("Vorstand"). Wirecard had faced criticism and allegations of accounting irregularities over the prior two decades as it grew globally, but that notwithstanding, by 2018 it had become a member of the DAX stock index [53] of German blue chip companies. Wirecard was viewed as needing a "new start."

Freis's appointment was described as part of a "comprehensive change" in the management board, and he would be responsible for a newly created department "Integrity, Legal and Compliance." Together with the announcement of Freis's appointment, then CEO Markus Braun apologized for past turbulence at Wirecard, and both he and chairman of the supervisory board, Thomas Eichelmann, described Wirecard's business model as "sustainable and highly profitable." [54]

On June 18, 2020, Wirecard announced Freis had joined the management board with immediate effect, earlier than his planned start date of July 1. [55] Later that evening, Freis was introduced by Markus Braun in a video [56] in which Braun announced that Wirecard might have been the victim of fraud in connection with its funds held in overseas bank trustee accounts. [57] [58] Working through the night to investigate, Freis quickly concluded that there was obvious fraud in the purported Wirecard accounts and in the morning informed the supervisory board. [59]

On June 19, 2020, Wirecard announced the resignation of Markus Braun as CEO and the appointment of James Freis, one day after being appointed to the management board, as interim CEO [60] with sole power of representation. [61] After working through the weekend in reviewing the company's business activities and finances, Freis wrote an announcement published by Wirecard in the early morning of Monday, June 22, 2020, that the bank trustee account balances in the amount of 1.9 billion euro likely did not exist, and that previous Wirecard descriptions of its so-called third party acquiring business were not correct. Freis was in constructive discussions with Wirecard's lending banks and was considering restructuring options, [62] yet from Thursday to Monday, Wirecard's stock price had lost 90% of its value. [63]

On June 25, 2020, less than a full week after having joined Wirecard, Freis decided to initiate insolvency proceedings. [64] Bank creditors of Wirecard had been willing to roll over credit lines [65] for a period of months, and some initially criticized Freis for the decision to place Wirecard into insolvency, because they became forced to book losses immediately. [66] A year later, the insolvency administrator had generated only about €600 million selling most of Wirecard's assets, against more than €3 billion in banks and bondholder claims, and over €14 billion of total claims filed in the insolvency proceedings. [67]

Freis continued to oversee day-to-day operations of Wirecard, and announced to staff on September 11, 2020, that he was stepping down from management at Wirecard. The Wirecard scandal is likened to a "German Enron " in light of the company's inflated financial accounts and failure of its auditors to detect them [68] and as the greatest financial fraud in modern German history. [69]

In September 2020, the German Parliament launched an investigation of Wirecard generating voluminous records through the June 2021 final reports. Opposition lawmakers characterized the Wirecard scandal as a “collective failure of supervision”, criticizing numerous government authorities, the board of directors, and auditors. [70]

2021–present

More recently, Freis has founded a consulting firm advising on financial regulation and good governance. [71]

He is active with fintech and startup companies, including these affiliations:

Memberships

As an attorney, Freis is a member of the bar associations of New York, New Jersey and the District of Columbia. Current affiliations include:

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References

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  2. 1 2 3 FinCEN Director Freis Receives Treasury Medal at Financial Crimes Enforcement Network; published September 21, 2012; retrieved December 12, 2020
  3. ↑ Wirecard: The Downfall of a German Fintech Star at Harvard Business School; by Jonas Heese, Charles C.Y. Wang, Tonia Labruyere; published March 2021; retrieved May 8, 2022
  4. 1 2 3 MoonPay Hires Wirecard Whistle-Blower CEO James Freis as Adviser at Bloomberg; by Hannah Miller; published March 21, 2022; retrieved May 8, 2022
  5. ↑ "140 seniors win Byrd scholarships", Courier News , June 19, 1988. Accessed December 24, 2020, via Newspapers.com. "Middlesex County: James Freis of Metuchen, St. Joseph's High School"
  6. ↑ James Henry Freis, Esq. Obituary; published 2020; retrieved November 30, 2020
  7. ↑ Drinker Biddle, with two NJ offices, to merge with Faegre Baker Daniels at NJ Biz; by Gabrielle Saulsbery;published December 18, 2019; retrieved December 12, 2020
  8. ↑ Financial Innovation and Market Structure at CFA Institute; by Ron Rimkus; published May 1, 2015; retrieved December 12, 2020
  9. 1 2 3 Secretary Paulson Names James H. Freis, Jr. as the New Director of FinCEN at U.S. Department of the Treasury; published March 5, 2007; retrieved December 12, 2020
  10. ↑ BANK MARKAZI IRAN V. THE FEDERAL RESERVE BANK OF NEW YORK at Jus Mundi; published November 16, 1999; retrieved December 12, 2012
  11. ↑ Report From The President at NewYorkFed.org; by William J. McDonough; published 1999; retrieved December 12, 2020
  12. ↑ "James Freis - CrossTech". May 24, 2023.
  13. ↑ "James H. Freis, Jr. - Member of the Supervisory Board at Wirecard".
  14. ↑ Testimony of Stuart Levey at Federal Register; published November 18, 2011; retrieved December 12, 2020
  15. ↑ Stuart Levey's War at New York Times; by Robin Wright; published October 31, 2008; retrieved December 12, 2020
  16. ↑ Success in Macau Bank Case Demonstrates Reach of U.S. Sanctions at New York Times; by Steven Weisman; published June 26, 2007; retrieved December 12, 2020
  17. ↑ The Ripples of Punishing One Bank at New York Times; by Steven Weisman; published July 3, 2020; retrieved December 12, 2020
  18. ↑ Bank Blocks Plan to Release Frozen Funds to North Korea at New York Times; by Donald Greenless; published March 27, 2007; retrieved December 12, 2020
  19. ↑ Annual Report 2007 at FinCEN.gov; published 2007; retrieved December 12, 2020
  20. ↑ In Focus: Full Plate to Greet Fincen's New Director at American Banker; published April 9, 2007; retrieved December 12, 2020
  21. ↑ Secretary Paulson Visits FinCEN at U.S. Department of the Treasury; published June 22, 2007; retrieved December 12, 2020
  22. ↑ CSBS Newly Elected Chairman Underscores State-Federal Coordination at Financial Crimes Enforcement Network; published May 24, 2012; retrieved December 12, 2020
  23. ↑ Fincen Requires Non-Bank Mortgage Lenders To Develop AML Programs at The Wall Street Journal; by Samuel Rubenfeld; published February 7, 2012; retrieved December 12, 2020
  24. ↑ Fincen Proposes AML, Reporting Rules For Fannie, Freddie at The Wall Street Journal; by Samuel Rubenfeld; published November 3, 2011; retrieved December 12, 2020
  25. ↑ Fincen Developing AML Rules For Advisers at The Wall Street Journal; by Samuel Rubenfeld; published November 16, 2011; retrieved December 12, 2020
  26. ↑ FinCEN Issues Prepaid Access Regulations at The Wall Street Journal; by Samuel Rubenfeld; published July 26, 2011; retrieved December 12, 2020
  27. ↑ Additional Records at Federal Register; published July 22, 2011; retrieved December 12, 2020
  28. ↑ On the Silk Road: the Dark Side of Cryptocurrencies at New America; published February 12, 2014; retrieved December 14, 2020
  29. ↑ Lawmakers And Regulators Take A Closer Look At Bitcoin at Diane Rehm Show; published November 19, 2013; retrieved December 14, 2020
  30. ↑ VC3: former FinCEN director James Freis is talking at the Bitcoin regulation conference on August 14th at 99 Bitcoins; by Maria Santos; published January 2, 2018; December 14, 2020
  31. ↑ THE FUTURE OF MONEY: WHERE DO MOBILE PAYMENTS FIT IN THE CURRENT REGULATORY STRUCTURE? at House Committee on Financial Services; published June 29, 2012; retrieved December 14, 2020
  32. ↑ FinCen Releases Plan Targeting Beneficial Ownership at American Banker; by Kate Davidson; published February 29, 2012; December 14, 2020
  33. ↑ https://www.govinfo.gov/content/pkg/FR-2016-05-11/pdf/2016-10567.pdf [ bare URL PDF ]
  34. ↑ U.S. Gives Banks More Time To Identify Corporate Owners at The Wall Street Journal; by Samuel Rubenfeld; published May 6, 2016; retrieved December 14, 2020
  35. ↑ Remarks by the President on the Economy at The Obama White House; published May 6, 2016; retrieved December 14, 2020
  36. ↑ Congress Approves Anti-Money-Laundering Measure at The Wall Street Journal; by Jack Hagel and Ian Talley; published December 11, 2020; retrieved December 20, 2020
  37. ↑ FinCEN Wants Banks To Report Every Cross-Border Transaction at The Wall Street Journal; by Samuel Rubenfeld; published September 27, 2010; retrieved December 14, 2020
  38. ↑ Money transfers could face anti-terrorism scrutiny at The Washington Post; by Ellen Nakashima; published September 27, 2010; retrieved December 14, 2020
  39. ↑ Proposal Would Expand Reporting of Money Transfers at New York Times; by Sewell Chan; published September 29, 2010; retrieved December 14, 2020
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  41. ↑ NATIONAL SOUTHWEST BORDER COUNTER NARCOTICS STRATEGY at Office of National Drug Control Policy; published 2011; retrieved December 14, 2020
  42. ↑ Annual Report 2011 at Financial Crimes Enforcemnet Network; published 2011; retrieved December 14, 2020
  43. ↑ Freis's Stay at FinCEN Creates Awkward Moment at American Banker; by Rob Blackwell; published June 29, 2012; retrieved December 14, 2020
  44. ↑ Behind the Big Changes at Fincen at American Banker; published May 31, 2012; retrieved December 14, 2020
  45. ↑ DID TREASURY FIRE JIM FREIS FOR SHOWING THAT BANKSTERS ARE A BIGGER PROBLEM THAN TERRORISTS? at Emptywheel; published May 31, 2012; retrieved December 14, 2020
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  48. ↑ Former U.S. Treasury FinCEN Director James H. Freis, Jr. Joins Cleary Gottlieb as Counsel at Cleary Gottlieb; published November 12, 2012; retrieved December 14, 2020
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  52. ↑ Wirecard AG: Comprehensive change in the Management Board of Wirecard AG at Wirecard; by Iris Stöckl; published May 8, 2020; retrieved December 14, 2020
  53. ↑ Wirecard kicks Commerzbank out of DAX at DW.com; published September 5, 2018; retrieved December 14, 2020
  54. ↑ Wirecard revamps management board amid probes at Yahoo! Finance; published May 8, 2020; retrieved December 14, 2020
  55. ↑ Wirecard AG: Personnel changes: Management Board member Jan Marsalek suspended on a revocable basis – James Freis, Jr. appointed with immediate effect as member of the management board responsible for compliance at Wirecard; by Iris Stoeckl; published June 18, 2020
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  57. ↑ Wirecard: Braun gibt ein Statement ab at 4 investors; by Johannes Stoffels; published June 16, 2020; retrieved December 14, 20202
  58. ↑ Wirecard can't rule out 'considerable fraud' as billions go missing at Yahoo! Finance; by Jill Petzinger; published June 19, 2020; retrieved December 14, 2020
  59. ↑ The man who led Wirecard into insolvency at Reuters; by Arno Schuetze; published July 9, 2020; retrieved December 14, 2020
  60. ↑ Wirecard, a Payments Firm, Is Rocked by a Report of a Missing $2 Billion at New York Times; by Kevin Granville; published June 19, 2020; retrieved December 14, 2020
  61. ↑ Wirecard AG: Markus Braun resigns with immediate effect as member of the management board; James Freis appointed as interim CEO at Wirecard; published June 19, 2020; retrieved December 14, 2020
  62. ↑ New Wirecard CEO Has Few Days to Calm Nervous Investors at Bloomberg; by Sarah Syed; published June 22, 2020; retrieved December 14, 2020
  63. ↑ "[Fehlerhafter Aufruf] - News vom 22.06.2020 - Börsen-Zeitung Mobil".[ permanent dead link ]
  64. ↑ Wirecard AG: Application for opening of insolvency proceedings Archived June 28, 2020, at the Wayback Machine at Wirecard; published June 25, 2020; retrieved December 14, 2020
  65. ↑ Wirecard Wins Short Reprieve as Banks Scan Long-Term Damage at Bloomberg; by Steven Arons; published June 24, 2020; retrieved December 14, 2020
  66. ↑ Mußler, Hanno; Peitsmeier, Henning. "Wirecards Gläubigerbanken: "Von uns hat keiner den Stecker gezogen"". Faz.net.
  67. ↑ Top German asset manager takes Wirecard administrator to court over losses at Financial Times; by Olaf Storbeck; published August 15, 2021; retrieved May 8, 2022
  68. ↑ Wirecard: the scandal spreads to German politics at Financial Times; published September 29, 2020; retrieved December 14, 2020
  69. ↑ "Deutscher Bundestag - 3. Untersuchungsausschuss". Archived from the original on December 12, 2020. Retrieved December 14, 2020.
  70. ↑ German Parliament to Investigate Wirecard Scandal at The Wall Street Journal; by Ruth Bender; published September 1, 2020; retrieved December 14, 2020
  71. 1 2 Was macht eigentlich der letzte Wirecard-Chef? at Manager Magazin; by Katharina Slodczyk; published October 21, 2021; retrieved May 8, 2022
  72. ↑ https://starlingtrust.com/former-director-of-fincen-james-h-freis-jr-joins-starlings-risk-governance-advisory-board/ [ dead link ]
  73. ↑ MoonPay welcomes former US Treasury Director James Freis as special advisor at MoonPay; by Geoffery Lyons; published March 25, 2022; retrieved May 8, 2022
  74. ↑ Blockchain Startup FQX announces the appointment of James Freis, Former Director of FinCEN, as Regulatory Technology Officer to Compose Programmable Debt Offerings at NewsFile; published May 5, 2022; retrieved May 9, 2022
  75. ↑ Blockchain Startup FQX announces the appointment of James Freis, Former Director of FinCEN, as Regulatory Technology Officer to at Bloomberg; published May 5, 2022; retrieved May 9, 2022
  76. ↑ Biographical note: James H. Freis at MOCOMILA; published 2013; retrieved December 14, 2020
  77. ↑ Membership Roster at CFR.org; retrieved May 8, 2022
James Freis
James Freis portrait.jpg
6th Director of the United States Treasury Department's Financial Crimes Enforcement Network
In office
March 2007 –September 2012
Key people
Wirecard logo 2019.svg
Regulators and Auditors
Investigation
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