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Financial Services Law Insights and Observations

FDIC releases June enforcement actions

Bank Regulatory FDIC Enforcement Anti-Money Laundering Bank Secrecy Act Flood Disaster Protection Act Financial Crimes

On July 29, the FDIC released a list of administrative enforcement actions taken against banks and individuals in June. During the month, the FDIC made public twelve orders consisting of “three consent orders, one order to pay civil money penalty, four orders of prohibition, one section 19 order, one order terminating consent order, two orders of termination of insurance, one Notice of Intention to Prohibit from Further Participation, Notice of Assessment of Civil Money Penalties, Findings of Fact and Conclusions of Law, Order to Pay, Notice of Hearing, and Prayer for Relief.” The FDIC imposed a civil money penalty against a Missouri-based bank for alleged violations of the Flood Disaster Protection Act. Among other things, the FDIC claimed that the bank “made, increased, extended or renewed a loan secured by a building or mobile home located or to be located in a special flood hazard area without providing timely notice to the borrower and/or the servicer as to whether flood insurance was available for the collateral.” The bank must pay a $7,000 civil money penalty.

The actions also include a consent order with a Georgia-based bank, which alleged that the bank violated “law or regulation related to weaknesses in the Bank’s compliance with the Bank Secrecy Act.” According to the consent order, the bank must, among other things: (i) “enhance its oversight of the Bank’s BSA/AML Compliance Program and assume full responsibility for the approval of sound BSA/AML policies, procedures, and processes”; (ii) “revise, adopt, and implement a written BSA/AML Compliance Program, including policies and procedures”; and (iii) “review and revise as appropriate its written policies, procedures, and processes for assessing the money laundering, terrorist financing, and other illicit financial activities risk profile of the Bank.”

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