InfoBytes Blog
FDIC releases September enforcement actions, including breaches of fiduciary duty and BSA violations
On October 26, the FDIC announced a list of administrative enforcement actions taken against banks and individuals in September. Included among the actions is a removal and prohibition and civil money penalty assessment issued against a bank’s president, CEO and board chairman (in his individual capacity as an institution-affiliated party) of a Florida-based bank for allegedly engaging in unsafe or unsound practices and breaches of fiduciary duty while employed by the bank. Among other claims, the respondent allegedly created a conflict of interest when he operated a consumer finance company, which he personally owned, out of one of the bank's branches. The FDIC contends that the respondent (i) operated the company through the utilization of bank property and staff without reimbursing the bank; (ii) issued loans to bank customers through the company; (iii) repaid the company using overdraft funds from customers’ bank accounts; and (iv) “caused the release and sale of bank collateral without full repayment to the bank when a portion of the sale proceeds were being used to pay on a finance company loan.” According to the FDIC, the respondent failed to disclose his actions to the bank’s board of directors as required by state law and a consent order the bank entered into in July 2010.
Additionally, a consent order was issued to a South Carolina bank related to alleged weaknesses in its Bank Secrecy Act (BSA) compliance program. The bank was ordered to, among other things, (i) revise and implement internal controls and policies and procedures for BSA compliance, including suspicious activity monitoring and reporting and customer due diligence procedures; (ii) perform an enhanced risk assessment of the bank’s operations; and (iii) take necessary steps to correct or eliminate all cited violations, such as conducting independent testing and implement effective BSA training programs.
There are no administrative hearings scheduled for November 2018. The FDIC database containing all 24 enforcement decisions and orders may be accessed here.