Our firm was founded on the principles of educating our clients on the laws applicable to their business, providing personalized services tailored to fit clients' needs, and obtaining results. We specialize in electronic payments law, serving clients nationwide. Kate has over 25 years of legal experience, the last 15 of which have focused on the electronic payments space.
She has worked with fintech start-ups and established companies operating as payment processors, money transmitters, e-wallet providers, and virtual currency exchanges, to name a few. Kate has also helped numerous businesses in the merchant acquiring industry with their agent and independent sales organization contracts, revising related agreements to include appropriate protections.
She has worked with fintech start-ups and established companies operating as payment processors, money transmitters, e-wallet providers, and virtual currency exchanges, to name a few. Kate has also helped numerous businesses in the merchant acquiring industry with their agent and independent sales organization contracts, revising related agreements to include appropriate protections.
Services
Kate's practice includes providing advice and assistance to companies in the merchant services and credit card processing industries. She has prepared, revised and negotiated agent agreements, independent sales organization agreements, affiliate partner agreements, payfac contracts, tri-party agreements, and gateway provider agreements.
Kate's practice often involves analyzing and diagnosing problems and then devising cures and solutions appropriate to her business clients. She understands her clients' need for sound business advice tailored to their particular circumstances. She is skilled at contract review and revision, including providing valuable feedback to clients regarding important terms and the consequences of contract provisions.
Four Oaks had allegedly processed ACH transactions for Internet payday lenders, as well as alleged Internet gambling and Ponzi fraud schemes, through an arrangement with an unidentified third-party payment processor. The DOJ alleged certain online practices of the payday lenders indicated fraudulent or illegality activity that was ignored by the Bank.
FinCEN found that, where money was neither accepted nor transmitted on behalf of merchants or the company's counterparties, money transmission did not occur. 4. The entity's agreement must be at a minimum with the seller or creditor that provided the goods or services and receives the funds.
Payment processors accepting funds on behalf of and transmitting funds to their clients, yet meeting these criteria, are exempt from MSB registration as money transmitters under the BSA.However, such companies still need to be concerned about whether state law definitions relating to money transmitters would trigger state money transmitter licensing requirements.
Payment processors accepting funds on behalf of and transmitting funds to their clients, yet meeting these criteria, are exempt from MSB registration as money transmitters under the BSA.However, such companies still need to be concerned about whether state law definitions relating to money transmitters would trigger state money transmitter licensing requirements.
Operation Choke Point is a controversial federal probe announced by the Department of Justice (DOJ) in 2013. The DOJ's intent was to force banks to take more responsibility for monitoring the activities of their customers who were deemed to be high risk.
The result of Operation Choke Point has been to make the creation and maintenance of banking relationships for money services businesses (MSBs), in general, difficult and in some instances impossible to achieve.Much of the controversy originated from a 2011 list created by the FDIC, and later adopted by Operation Choke Point, that labeled both legal and illegal merchant industries "high risk."
The result of Operation Choke Point has been to make the creation and maintenance of banking relationships for money services businesses (MSBs), in general, difficult and in some instances impossible to achieve.Much of the controversy originated from a 2011 list created by the FDIC, and later adopted by Operation Choke Point, that labeled both legal and illegal merchant industries "high risk."
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