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Top Story Compliance Related

02/12/2024

FTC gets $195M judgment and permanent telemarketing ban

On Friday, the Federal Trade Commission announced it had obtained a $195 million judgment against Simple Health Plans LLC and its CEO Steven J. Dorfman over charges they duped consumers into signing up for sham health care plans that did not deliver the coverage or benefits they promised and effectively left consumers uninsured and exposed to limitless medical expenses.

In granting the FTC’s motion for summary judgment, the Federal District Court in the Southern District of Florida also banned Simple Health, five related entities and Dorfman from telemarketing and from marketing, promoting, selling or offering any healthcare products.

In a complaint filed in 2018, the FTC said that Florida-based Simple Health misled people into thinking they were buying comprehensive health insurance that would cover preexisting medical conditions, prescription drugs, primary and specialty care treatment, inpatient and emergency hospital care, surgical procedures, and medical and laboratory testing. In reality, most consumers who enrolled reported paying as much as $500 per month for what was actually a medical discount program or extremely limited benefit program that did not deliver the promised benefits and often left consumers with thousands of dollars in uncovered medical bills, or worse yet, unable to get necessary healthcare.

02/09/2024

U.S. targets price cap violators and implements Russian diamond ban

Yesterday, the Treasury Department announced that OFAC has taken its second Russian oil price cap enforcement action of 2024, imposing sanctions on four entities and identifying one vessel as blocked property. The network of these entities and the vessel were involved in a price cap violation scheme in late 2023.

OFAC also issued two new determinations that implement G7 commitments to ban the importation of Russian diamonds. First, OFAC issued a determination prohibiting the importation of on non-industrial diamonds mined or extracted in Russia, notwithstanding whether they have been substantially transformed in a third country, effective beginning on March 1, 2024 for certain categories of diamonds, and expanding on September 1, 2024 to include additional categories. Second, OFAC issued a determination prohibiting the importation of diamond jewelry and unsorted diamonds of Russian Federation origin or exported from the Russian Federation, effective March 1, 2024.

For identification information on the designated entities and vessel and links to the Determinations and a related General License, see BankersOnline's February 8, 2024, OFAC Update.

02/08/2024

NCUA to review CU OD and NSF fee income, and more

In prepared remarks at the Brookings Institution on Tuesday, NCUA Chairman Todd M. Harper reported that the NCUA intends to review several aspects of compliance with consumer protection laws and regulations. He said, " Overdraft and non-sufficient fund fees are a key component of the NCUA’s review. NCUA examiners this year will continue an expanded review of credit union overdraft programs, including website advertising, balance calculation methods, and settlement processes. Problematic overdraft programs and non-sufficient funds alerts include fees that aren’t reasonable and proportional, rely on systems that authorize positive and settle negative, or impose multiple representment fees, often in one day."

Chairman Harper added, "NCUA’s fair lending examinations will also increase in number and focus on ensuring policies and practices are fair and not discriminatory. And examiners will continue to evaluate credit unions’ policies and procedures governing compliance with flood insurance rules. The NCUA's other areas of emphasis for 2024 include Bank Secrecy Act compliance and support for small credit unions and minority depository institutions."

02/08/2024

U.S. sanctions Equador's Los Choneros gang and its leader

The Treasury Department has reported that OFAC has sanctioned one of Ecuador’s most violent gangs, Los Choneros, and its leader, José Adolfo Macías Villamar (a/k/a “Fito”), pursuant to counter narcotics authorities.

For identification information on Los Choneros and Macías Villamar, see BankersOnline's February 7, 2024, OFAC Update.

02/08/2024

FinCEN to publish proposed AML regs for residential real estate transfers

FinCEN has filed a notice of proposed rulemaking for publication in the February 16, 2024, Federal Register that would require certain persons involved in real estate closings and settlements to submit reports and keep records on identified non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis.

Transfers made directly to an individual would not be covered by this proposed rule. The proposed rule describes the circumstances in which a Real Estate Report (a streamlined version of a Suspicious Activity Report) must be filed, who must file a Real Estate Report, what information must be provided, and when such a report is due. These reports are expected to assist the U.S. Department of the Treasury; Federal, State, and local law enforcement; and national security agencies in addressing illicit finance vulnerabilities in the U.S. residential real estate sector and to curtail the ability of illicit actors to anonymously launder illicit proceeds through the purchase of residential real property, which threatens U.S. economic and national security.

Under the proposed rule, persons involved in real estate closings and settlements would continue to be exempt from the anti-money laundering compliance program requirements of the Bank Secrecy Act. However, as provided in 31 CFR 1010.205(c), no such exemption applies for a financial institution that is otherwise required to establish an anti-money laundering program.

Comments will be accepted for 60 days following publication (through April 16, 2024).

02/07/2024

FEMA proposes revised homeowner flood policy form

Yesterday, the Federal Emergency Management Agency published [89 FR 8282] a notice of proposed rulemaking that would revise the Standard Flood Insurance Policy by adding a new Homeowner Flood Form and five accompanying endorsements — increased cost of compliance coverage, actual cash value loss settlement, temporary housing expense, basement coverage and builder’s risk.

The new Homeowner Flood Form would replace the Dwelling Form as a source of coverage for homeowners of one-to-four family residences. Together, the new Homeowner Flood Form and endorsements would more closely align with property and casualty homeowners insurance and provide increased options and coverage in a more user-friendly and comprehensible format.

Comments on the proposal will be accepted through April 8, 2024.

02/07/2024

SEC adopts rules covering dealers and government securities dealers

The Securities and Exchange Commission yesterday announced its adoption of two rules that require market participants who engage in certain dealer roles, in particular those who take on significant liquidity-providing roles in the markets, to register with the SEC, become members of a self-regulatory organization (SRO), and comply with federal securities laws and regulatory obligations.

The final rules, Exchange Act Rules 3a5-4 and 3a44-2, further define the phrase “as a part of a regular business” in Sections 3(a)(5) and 3(a)(44) of the Securities Exchange Act of 1934 to identify certain activities that would cause persons engaging in such activities to be “dealers” or “government securities dealers” and be subject to the registration requirements of Sections 15 and 15C of the Act, respectively, in connection with certain liquidity-providing roles.

Under the final rules, any person that engages in activities as described in the rules is a “dealer” or “government securities dealer” and, absent an exception or exemption, required to: register with the Commission under Section 15(a) or Section 15C, as applicable; become a member of an SRO; and comply with federal securities laws and regulatory obligations and applicable SRO and Treasury rules and requirements.

The rules will become effective 60 days after they are published in the Federal Register, and compliance will be required one year later.

02/06/2024

Agencies publish EGRPRA reg review schedule

The OCC, FDIC, and Federal Reserve Board have published [89 FR 8084] a notice of regulatory review and request for comments. As required by the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA), the agencies are reviewing agency regulations to identify outdated or otherwise unnecessary regulatory requirements on insured depository institutions and their holding companies. The agencies divided their regulations into 12 categories. Over the next two years, the agencies will publish four Federal Register documents requesting comment on multiple categories.

This first Federal Register document requests comment on regulations concerning the following three categories: Applications and Reporting, Powers and Activities, and International Operations. Comments will be accepted through May 6, 2024.

02/06/2024

Reserve Banks publish 31 CRA evaluation ratings

The Federal Reserve Banks published 31 Community Reinvestment Act evaluation ratings in January. Twenty-four of the listed banks earned Satisfactory ratings. We congratulate the following seven banks for receiving Satisfactory ratings:

02/06/2024

Trade associations sue regulators over new CRA regulations

The American Banker reports that the ABA, Independent Community Bankers of America, U.S. Chamber of Commerce, Texas Bankers Association and other trade associations have filed suit in the Northern District of Texas against the OCC, Federal Reserve, and FDIC, in an attempt to stop the recently finalized Community Reinvestment Act regulations reforms.

The suit argues that the agencies arbitrarily exceeded their statutory authority when they finalized their amendments to the CRA rules in October. The suit also calls on the court to stay the rules pending the outcome of the suit. The complaint argues that the October 2023 update works "a wholesale and unlawful change to a statutory and regulatory regime that, for nearly five decades, has successfully encouraged lending in low- and moderate-income neighborhoods throughout the United States."

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