FHFA advises GSEs on fraud reporting

Federal Issues FHFA GSE Fannie Mae Freddie Mac SARs FinCEN

On September 18, the FHFA issued Advisory Bulletin AB 2019-04, which provides guidance to Fannie Mae and Freddie Mac (GSEs) on fraud reporting requirements pursuant to 12 C.F.R. Part 1233 (FHFA Regulation). The Bulletin states that the GSEs are required to notify designees of the Director of the FHFA through the secure methods established by the FHFA within one calendar day from when the GSE discovers fraud or possible fraud that may have a “significant impact” on the GSE. The Bulletin defines “significant impact” as an event that “may create substantial financial or operational risk for the Enterprise, whether from a single event/incident or because it is systemic.” Moreover, the GSEs are required to submit a monthly fraud status report to the FHFA containing instances where they have (i) filed a suspicious activity report (SAR) with the Treasury Department or the Financial Crimes Enforcement Network; or (ii) discovered that the Enterprise purchased or sold a fraudulent loan or financial instrument, or suspects a possible fraud related to the purchase or sale of any loan or financial instrument, and the Enterprise has not filed a SAR. Additionally the GSEs are required to submit quarterly reports summarizing information concerning the GSE fraud risk management environments. The Bulletin is effective January 1, 2020.