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How to add predictive analytics into your risk program. Risk reports are often limited to historical insights and issues and do not provide guidance and insights into the future of the organization. Adding predictive analytics can allow your organization to detect emerging risks and create mitigation plans. This can be achieved by combining internal and external key risk indicators (KRIs) and key performance indicators (KPIs) with regulatory intelligence. This ensures that risk reports can detect more issues and highlight areas of concern. Click here to learn more.


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09/24/2019

Ohio bank reports counterfeit cashier's checks

The OCC has issued an alert concerning counterfeit cashier's checks using the routing number of Consumers National Bank, Minerva, Ohio. The checks are being presented to the bank for payment in connection with a variety of online auction overpayment and job opportunity scams. For details, see BankersOnline's Alerts and Counterfeits post.

09/23/2019

Major funding sources for Iran's terrorism targeted

The Treasury Department announced on Friday that OFAC has designated the Central Bank of Iran, the National Development Fund of Iran (NDF), and Etemad Tejarate Pars Co.

Iran’s Central Bank has provided billions of dollars to the Islamic Revolutionary Guards Corps (IRGC), its Qods Force (IRGC-QF) and its terrorist proxy, Hizballah. Iran’s NDF, which is Iran’s sovereign wealth fund and whose board of trustees include Iran’s president, oil minister, and the governor of the Central Bank, has been a major source of foreign currency and funding for the IRGC-QF and Iran’s Ministry of Defense and Armed Forces Logistics (MODAFL). Etemad Tejarate Pars is an Iran-based company that is used to conceal financial transfers for MODAFL’s military purchases, including funds originating from the NDF.

For additional identification details, see BankersOnline's OFAC Update.

09/20/2019

OCC announces enforcement actions

The OCC has released a list of recent enforcement actions taken against individuals now or formerly affiliated with OCC-supervised institutions:

  • A Notice of Charges for an order of prohibition was issued against a former teller of PNC Bank, Wilmington, Delaware, who misappropriated cash from his teller drawer and a ATM, over both of which he had sole control. The Notice announces the OCC’s intention to issue the order of prohibition, subject to the respondent’s right to an administrative hearing of the OCC’s charges.
  • Removal and prohibition orders were issued to:
    • a former teller of The Huntington National Bank, Columbus, Ohio, whom the OCC found to have misappropriated a total of $11,000 in cash while clearing customer cash deposits from ATMs and falsified general ledger tickets to conceal the misconduct
    • a former loan officer of The City National Bank and Trust Company, Lawton, Oklahoma, whom the OCC found to have submitted false or misleading information related to eight loans totaling $7,081,446 from four financial institutions, causing those institutions to lose the total value of the loans. The former loan officer pled guilty to one count of fraud and one count of wire fraud and agreed to pay restitution of $7,081,446 to the four financial institutions.
    • a former phone banker of Wells Fargo Bank, National Association, Sioux Falls, South Dakota, on the basis of activities while serving as a phone banker . The OCC found that the former banker provided bank customers’ credit card numbers to unauthorized individuals who fraudulently used the information, causing a loss to the bank of approximately $7,975.
    • a former branch associate of Capital One, National Association, McLean, Virginia. The OCC found that the former banker assigned temporary debit cards to two customers' accounts without their permission and withdrew a total of $22,606.50 at automated teller machines using the cards.

09/20/2019

Changes to FDIC post-exam survey process

In FIL-50-2019 the FDIC is notifying FDIC-supervised financial institutions that the Office of the Ombudsman, which is independent of the supervisory process, reports directly to the FDIC Chairman's office, and is a confidential resource for banks, is now administering the Post-Examination Survey process.

The Office of the Ombudsman will:

  • Assume responsibility for soliciting Survey responses effective October 1, 2019;
  • Send notice that the Survey will accompany the Report of Examination;
  • Provide a reminder to encourage participation in the Survey; and
  • Serve as the contact point for banks regarding the Survey and follow-up requests.

The FIL includes links to the current post-exam survey questions for the Safety and Soundness and the Compliance and CRA exams.

09/18/2019

SEC proposes update of bank disclosure rules

The SEC has announced that it has proposed rules to update the statistical disclosures that bank and savings and loan registrants provide to investors, and eliminate disclosures that overlap with Commission rules, U.S. GAAP or IFRS. The proposed rules would replace Industry Guide 3, Statistical Disclosure by Bank Holding Companies, with updated disclosure in a new subpart of Regulation S-K. The proposed rules would apply to bank holding companies, banks, savings and loan holding companies, and savings and loan associations. The proposed rules would require disclosure about:

  • Distribution of assets, liabilities and stockholders’ equity, the related interest income and expense, and interest rates and interest differential;
  • Weighted average yield of investments in debt securities by maturity;
  • Maturity analysis of the loan portfolio including the amounts that have predetermined interest rates and floating or adjustable interest rates;
  • An allocation of the allowance for credit losses and certain credit ratios; and
  • Information about bank deposits including amounts that are uninsured.

The proposal will have a 60-day public comment period following its publication in the Federal Register.

09/18/2019

FDIC finalizes changes to capital rules

The FDIC has announced it has finalized a rule that introduces an optional simplified measure of capital adequacy for qualifying community banking organizations (i.e., the community bank leverage ratio (CBLR) framework), as required by the Economic Growth, Regulatory Relief and Consumer Protection Act. The CBLR framework is designed to reduce burden by removing the requirements for calculating and reporting risk-based capital ratios for qualifying community banking organizations that opt into the framework. In order to qualify for the CBLR framework, a community banking organization must have a tier 1 leverage ratio of greater than 9 percent, less than $10 billion in total consolidated assets, and limited amounts of off-balance-sheet exposures and trading assets and liabilities. the CBLR framework will be available for banks to use in their March 31, 2020, Call Report.

The FDIC also finalized a rule that permits non-advanced approaches banking organizations to use the simpler regulatory capital requirements for mortgage-servicing assets, certain deferred tax assets arising from temporary differences, investments in the capital of unconsolidated financial institutions, and minority interest when measuring their tier 1 capital as of January 1, 2020. Banking organizations may use this new measure of tier 1 capital under the CBLR framework.

In addition, the FDIC finalized a rule that makes technical changes to incorporate the CBLR framework into the deposit insurance assessment system. A bank that uses the CBLR framework will not have any changes to how its assessment rate is calculated.

The agency also posted a Fact Sheet with an overview of the Community Bank Leverage Ration (CBLR) Framework.

09/18/2019

OFAC targets Alex Saab network in Venezuela

The Treasury Department announced yesterday that OFAC has designated three individuals and 16 entities for their connections to Alex Nain Saab Moran (Alex Saab) and his business partner, Alvaro Enrique Pulido Vargas (Alvaro Pulido), who have enabled former President Nicolás Maduro (Maduro) and his illegitimate regime to corruptly profit from imports of food aid and distribution in Venezuela. The individuals designated include Alex Saab’s two brothers, Amir Luis Saab Moran (Amir Saab) and Luis Alberto Saab Moran (Luis Saab), as well as Alvaro Pulido’s son, David Enrique Rubio Gonzalez (Rubio). The 16 entities designated are owned or controlled by the aforementioned individuals or Alex Saab himself.

As a result of these actions, all property and interests in property of the individuals and entities designated yesterday, and of any entities that are owned, directly or indirectly, 50 percent or more by those individuals or entities, that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. OFAC’s regulations generally prohibit all dealings by U.S. persons or within (or transiting) the United States that involve any property of blocked or designated persons. For identity information on the designated individuals and entities, see BankersOnline's September 17, 2019, OFAC Update.

09/17/2019

Prudential subs charged with disclosure violations

The SEC has filed an Order charging two subsidiaries of Prudential Financial Inc. with failing to disclose conflicts of interest and making misleading disclosures to the boards for 94 funds they advised. Prudential affiliates AST Investment Services, Inc. (a Connecticut corporation) and PGIM Investments LLC (a New York limited liability company) self-reported their violations and cooperated with the SEC's investigation. Under the Order, ASTIS and PI were ordered to cease and desist from further violations, and censured. They were also ordered jointly and severally to pay disgorgement of $27.6 million and a civil money penalty of $5 million.

09/17/2019

Maryland insurer settles Kingpin Act violations claims

OFAC has announced that Atradius Trade Credit Insurance, Inc. of Hunt Valley, Maryland, a trade credit insurer licensed to operate in the state of Maryland and a subsidiary of Atradius N.V. ATCI, has agreed to remit $345,315 to settle its potential civil liability for two apparent violations of the Foreign Narcotics Kingpin Sanctions Regulations by dealing in property or interests in property of a specially designated narcotics trafficker.

09/17/2019

FinCEN makes CTR FAQ change (updated)

Thanks to a post in BankersOnline's BSA/AML/CIP/OFAC discussion forum by one of our newest users, we've learned that FinCEN has updated its FAQ document on CTR filing to change the answer to Question 16 concerning transactions in which the conductor has more than one role. The change was made without public announcement, although there may have been a notice behind FinCEN's e-filing login wall..

Current instructions for the CTR indicate that when a conductor completes a currency transaction on the conductor's own behalf and on behalf of another person (e.g.,a business owner depositing a reportable amount of cash to a personal account and to an entity business account), the reporter completes one Part I for the conductor and checks the first "role" in item 2 that applies, starting at the left. That would be check box 2a, indicating a transaction conducted on behalf of oneself. The total amount is reported in that Part I entry.

Apparently, FinCEN would like such a CTR completed differently. Question 16 in the FAQ now says that there should be two Part I entries for the conductor -- one with item 2a checked for the transaction "completed on own behalf" (the deposit to the personal account) and the other with item 2b checked to report the part of the transaction conducted on behalf of another (the business). And of course, there is still the Part I entry for the business with item 2c checked (person on which behalf transaction was conducted).

The discussion thread indicates FinCEN's Help Line says the change won't be enforced until the instructions are updated and more formal guidance provided. FinCEN should also review its response to FAQ question 22 before finalizing those instructions and guidance. But, of course, none of this comes straight from FinCEN.

UPDATE (9/18/2019): We've learned (and verified) that FinCEN has restored the answer to Question 16 in the FAQ to conform to the instructions on the current version of the CTR.

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