Instant Payments and Beyond: Addressing Fraud, Liability, and Enforcement in a Modern Payments Ecosystem

Arnold & Porter's Financial Services practice advises banks, fintech companies, payments providers, and other financial institutions on regulatory, enforcement, and compliance matters. Our lawyers help clients address payments fraud, including scams and social engineering schemes, by assessing liability and building compliance programs that meet regulatory expectations. We represent clients before the Federal Reserve, FDIC, OCC, DOJ, CFPB, FinCEN, and OFAC, and counsel them on anti-money laundering, Bank Secrecy Act, and sanctions obligations. The team also advises on instant payment and real-time payment risks, information sharing with regulators and law enforcement, and responses to investigations and enforcement actions. With deep experience in bank supervision and government investigations, we help institutions manage fraud risk as the payments landscape evolves.

Kevin Toomey, Partner and Head of Arnold & Porter's Financial Services Group, will moderate a panel at The Clearing House Annual Conference on November 17, 2026, in New York. The conference brings together senior leaders from banking, payments, and policy to examine the business and regulatory developments shaping financial services.

The session, "Instant Payments and Beyond: Addressing Fraud, Liability, and Enforcement in a Modern Payments Ecosystem," looks at how fraud is changing as money moves faster. Fraud rates for instant payments remain low, but criminals increasingly use social engineering and communications that happen outside the banking system. The panel will discuss regulatory and enforcement priorities, the policy debates over fraud liability and recovery, ways to modernize regulatory frameworks to support fraud prevention, and how better information sharing can help combat fraud across payment types.

Panelists: