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Top Story Compliance Related

01/15/2021

OCC Virtual Bank Director Workshops announced

The OCC has announced its 2021 schedule of free, virtual workshops for directors of national banks and federal savings associations. Four virtual workshops are offered:

  • Building Blocks: Keys to Success for Directors and Senior Management
  • Risk Governance: Improving Director Effectiveness
  • Credit Risk: Directors Can Make a Difference
  • Operational Risk: Navigating Rapid Changes

The schedule of the workshops and registration are available on the OCC's website.

01/15/2021

Oklahoma housing provider alleged discrimination resolved

The Department of Housing and Urban Development has announced that the Department has reached a Conciliation Agreement with Vintage Housing, Inc., and Wilhoit Properties, Inc, the owner and manager of Cardinal Heights and Carriage Crossing senior apartments in Collinsville and Coweta, Oklahoma. The agreement resolves allegations that the housing providers removed bibles and Christian reading material from the properties’ common areas. Under the settlement, the housing providers agreed, among other things, to develop new policies regarding the display of religious materials for use in all the residences they manage or own and provide fair housing training for employees, with a portion dedicated to religious discrimination.

01/14/2021

OCC finalizes Fair Access Rule

The OCC this morning released its finalized rule to ensure fair access to banking services provided by large national banks, federal savings associations, and federal branches and agencies of foreign bank organizations. The rule codifies more than a decade of OCC guidance stating that banks should conduct risk assessment of individual customers, rather than make broad-based decisions affecting whole categories or classes of customers, when provisioning access to services, capital, and credit.

The rule applies to the largest banks with more than $100 billion in assets that may exert significant pricing power or influence over sectors of the national economy. Under the rule, banks still determine their product lines and geographic markets and are free to make legitimate business decisions about what and whom to serve. The rule requires covered banks to make those products and services they choose to offer available to all customers in the communities they serve, based on consideration of quantitative, impartial, risk-based standards established by the bank.

The rule will become effective April 1, 2021.

01/14/2021

CFPB statement on financial inclusion of LEP consumers

The CFPB has published a “Statement Regarding the Provision of Financial Products and Services to Consumers with Limited English Proficiency." The Statement provides principles and guidelines to inform and assist financial institutions seeking to better serve LEP consumers in non-English languages.

01/14/2021

Digital bank conditionally approved

The OCC yesterday announced conditional approval of the conversion of Anchorage Trust Company, a South Dakota chartered trust company, to become Anchorage Digital Bank, National Association. The OCC granted a national trust bank charter to Anchorage after thorough review of the company and its current operations. As an enforceable condition of approval, the company entered into an operating agreement which sets forth, among other things, capital and liquidity requirements and the OCC’s risk management expectations.

01/14/2021

OFAC targets Iranian foundations

Treasury announced yesterday that OFAC has taken action against two organizations controlled by the Supreme Leader of Iran— the Execution of Imam Khomeini’s Order (EIKO) and Astan Quds Razavi (AQR)—along with their leaders and subsidiaries. While purportedly charitable organizations (bonyads), EIKO and AQR control large swaths of the Iranian economy, including assets expropriated from political dissidents and religious minorities, to the benefit of Supreme Leader Ali Khamenei and senior Iranian government officials. Alongside the previously designated Bonyad Mostazafan, itself controlled by the Supreme Leader, and the IRGC-owned Khatam al-Anbiya, AQR and EIKO are said to control more than half of the Iranian economy.

These persons were designated in accordance with Executive Order 13876, which targets the Supreme Leader of the Islamic Republic of Iran and the Iranian Supreme Leader’s Office, as well as their affiliates. For a full list of the designated individuals and entities and their identification information, see BankersOnline's OFAC Update.

OFAC also updated the SDN List entry for MIRJIRASH AL-MUHAMMADAWI, Abd al-Aziz Malluh.

01/12/2021

OFAC acts against Russian-linked actors

On Monday, OFAC took action against seven individuals and four entities that are part of a Russia-linked foreign influence network associated with Andrii Derkach. Russian agent Derkach was designated on September 10, 2020, pursuant to Executive Order 13848, for his attempt to influence the 2020 U.S. presidential election.

For identifying information, see BankersOnline's OFAC Update.

01/11/2021

Deutsche Bank settles FCPA violations charges with SEC and Justice

The Securities and Exchange Commission has announced charges against Deutsche Bank AG for violations of the Foreign Corrupt Practices Act (FCPA). As part of coordinated resolutions with the SEC and the Department of Justice, Deutsche Bank has agreed to pay more than $120 million, which includes more than $43 million to settle the SEC’s charges. According to the order, Deutsche Bank engaged foreign officials, their relatives, and their associates as third-party intermediaries, business development consultants, and finders to obtain and retain global business. The order finds that Deutsche Bank lacked sufficient internal accounting controls related to the use and payment of such intermediaries, resulting in approximately $7 million in bribe payments or payments for unknown, undocumented, or unauthorized services. The order further finds that these payments were inaccurately recorded as legitimate business expenses and involved invoices and documentation falsified by Deutsche Bank employees.

The SEC’s order finds that Deutsche Bank violated the books and records and internal accounting controls provisions of the Securities Exchange Act of 1934. Deutsche Bank agreed to a cease-and-desist order and to pay disgorgement of $35 million with prejudgment interest of $8 million to settle the action. The SEC did not impose a civil penalty in light of the $79 million criminal penalty paid in the criminal resolution.

01/11/2021

OFAC sanctions Iraqi militia leader

On Friday, OFAC designated Iraqi Popular Mobilization Committee (PMC) Chairman and former National Security Advisor Falih al-Fayyadh for his connection to serious human rights abuse. This action was taken in accordance with Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption.

For identification details, an update to OFAC's non-SDN Communist Chinese Military Companies list, and information on issuance of Communist Chinese Military Companies General License 1, see BankersOnline's OFAC Update.

01/11/2021

Federal Reserve December CRA evaluations

As we've previously noted, the Federal Reserve Board does not publicly announce its release of Community Reinvestment Act evaluation ratings. But in our review of the Fed's archives, we found that 16 evaluations were made public in December, 2020. Fourteen of those were rated "Satisfactory." We congratulate these two banks whose evaluations were rated "Outstanding":

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