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On Wednesday, FinCEN reported that the Financial Action Task Force (FATF), an intergovernmental body that establishes international standards for anti-money laundering, countering the financing of terrorism, and countering the financing of proliferation of weapons of mass destruction (AML/CFT/CPF), issued a public statement at the conclusion of its plenary meeting last month highlighting the growing financial connectivity of the Democratic People’s Republic of Korea (DPRK) with the international financial system, and reiterating the FATF’s concerns over the DPRK’s continued failure to address the significant deficiencies in its AML/CFT regime and the serious threats posed by the DPRK’s illicit activities related to the proliferation and financing of weapons of mass destruction. In order to protect the international financial system, the FATF continues to urge all jurisdictions to remain vigilant to these risks and calls for renewed implementation and enforcement of countermeasures against the DPRK.

The FATF also updated its lists of jurisdictions with strategic AML/CFT/CPF deficiencies. U.S. financial institutions should consider the FATF’s stance toward these jurisdictions when reviewing their obligations and risk-based policies, procedures, and practices.

On June 28, 2024, the FATF added Monaco and Venezuela to its list of Jurisdictions Under Increased Monitoring and also removed Jamaica and Türkiye from the list.

The FATF’s list of High-Risk Jurisdictions Subject to a Call for Action remains the same, with Iran, DPRK, and Burma subject to calls for action. Iran and DPRK are still subject to the FATF’s countermeasures, while Burma is still subject to the application of enhanced due diligence, but not countermeasures.

The CFPB yesterday announced publication of an edition of its Supervisory Highlights sharing key findings from recent examinations of auto and student loan servicing companies, debt collectors, and other financial services providers. The report also highlights consumer complaints about medical payment products and identifies concerns with providers preventing access to deposit and prepaid account funds.

On Monday, the Federal Reserve Board announced it had fined Silvergate Capital Corporation and Silvergate Bank $43 million for deficiencies in Silvergate's monitoring of transactions in compliance with anti-money laundering laws.

The action was taken in coordination with an action by the Department of Financial Protection and Innovation of the State of California, the state supervisor of Silvergate. The penalties announced by the Board and state total $63 million. The U.S. Securities and Exchange Commission separately announced a penalty against Silvergate Capital Corporation.

Silvergate separately announced last year that it was voluntarily winding down its operations, and has now paid back all deposits to its customers.

• Consent order of assessment of civil money penalty

The NCUA has announced its barring of three individuals from participating in the affairs of any federally insured depository institution.

• Tracy Mikulencak, a former employee of A+ Federal Credit Union, Austin, Texas, agreed to the issuance of a prohibition order following a finding that she fraudulently took funds out of her own teller drawer, the Georgetown branch’s vault, and member accounts, defrauding the credit union and its members of $325,708.
• Javier DeJesus Narciso, a former employee of Merced School Employees Federal Credit Union, Merced, California, was issued a prohibition notice based on his conviction on one count of grad theft and embezzlement in connection with his employment
• Philip Brian Topping, a former employee of New Pilgrim Federal Credit Union, Birmingham, Alabama, was issued a prohibition notice based on his conviction on on one count of theft and embezzlement in connection with his employment

On Monday, the Treasury Department reported that OFAC has sanctioned a Mexico-based money launderer and China-based members of a money laundering organization with criminal links to the Sinaloa Cartel as part of ongoing efforts to disrupt the flow of illicit narcotics into the United States.

For the names and identification information of the three individuals, see the July 1, 2024, BankersOnline OFAC Update.

The FDIC has issued Financial Institution Letters with guidance to help financial institutions and facilitate recovery in areas of Iowa and New Mexico.

• FIL-37-2024, addressing institutions in areas of New Mexico (Mescalera Tribe; Lincoln and Otero Counties) affected by the South Fork Fire and Salt Fire on June 17, 2024, and continuing
• FIL-38-2024, addressing institutions in areas of Iowa (Clay, Emmet, Lyon, Sioux, and Plymouth Counties) affected by severe storms, flooding, straight-line winds, and tornadoes on June 16, 2024, and continuing

On Friday, FinCEN announced a proposed rule to strengthen and modernize financial institutions’ anti-money laundering and countering the financing of terrorism (AML/CFT) programs. While financial institutions have long maintained AML/CFT programs under existing regulations, this proposed rule would amend those regulations to explicitly require that such programs be effective, risk-based, and reasonably designed, enabling financial institutions to focus their resources and attention in a manner consistent with their risk profiles. Effective, risk-based, and reasonably designed AML/CFT programs are critical for protecting national security and the integrity of the U.S. financial system. The proposed amendments are based on changes to the Bank Secrecy Act (BSA) as enacted by the Anti-Money Laundering Act of 2020 (AML Act) and are a key component of Treasury’s objective of building a more effective and risk-based AML/CFT regulatory and supervisory regime.

This proposed rule would:

• amend the existing program rules to explicitly require financial institutions to establish, implement, and maintain effective, risk-based, and reasonably designed AML/CFT programs with certain minimum components, including a mandatory risk assessment process
• require financial institutions to review government-wide AML/CFT priorities and incorporate them, as appropriate, into risk-based programs, as well as provide for certain technical changes to program requirements
• promote clarity and consistency across FinCEN’s program rules for different types of financial institutions

The proposal also articulates certain broader considerations for an effective and risk-based AML/CFT framework as envisioned by the AML Act. For example, through its emphasis on risk-based AML/CFT programs, the proposed rule seeks to avoid one-size-fits-all approaches to customer risk that can lead to financial institutions declining to provide financial services to entire categories of customers. Friday’s proposal is consistent with a key recommendation in Treasury’s De-risking Strategy, which recommended proposing regulations to require financial institutions to have reasonably designed and risk-based AML/CFT programs supervised on a risk basis and taking into consideration the effects of financial inclusion. Finally, the proposed rule would encourage financial institutions to modernize their AML/CFT programs where appropriate to responsibly innovate, while still managing illicit finance risks.

FinCEN's proposal was prepared in consultation with the Federal Reserve Board, the OCC, the FDIC, and the NCUA in order to collectively issue proposed amendments to their respective BSA compliance program rules for the institutions they supervise.

Written comments on FinCEN’s proposed rule must be received on or before 60 days following its publication in the Federal Register.

• Proposed Rule
• Fact Sheet
• Publication update: Published on 7/3/2024 at 89 FR 55428 with a comment period ending on 9/3/2024

The FDIC has released a list of enforcement orders issued in May 2024 against FDIC-supervised financial institutions and individuals formerly or currently affiliated with such institutions.

Flood Insurance Violations:

• Oriental Bank, San Juan, Puerto Rico, was assessed a civil money penalty of $447,125
• Spring Valley Bank, Wyoming, Ohio, was assessed a $1,500 civil money penalty

Cease and Desist or Consent Orders:

• Old Glory Bank, Elmore City, Oklahoma
• Forbright Bank, Potomac, Maryland
• Community Bank and Trust - West Georgia, LaGrange Georgia
• Thread Bank, Rogersville, Tennessee
• TNBANK, Oak Ridge, Tennessee
• Union County Savings Bank Elizabeth, New Jersey
• California Business Bank, Irvine, California

Orders against individuals:

• Justin L. Holt, former SVP and loan officer at Bank of Tyler, Tyler, TX (now known as UBank, Huntington, TX), received a personal consent order and order to pay a $25,000 civil money penalty after a finding that he repeatedly caused the disbursement of loan funds on a construction loan without properly documenting the disbursements and without requiring or verifying progress or completion of construction per bank policy, thus resulting in a dissipation of loan proceeds by the borrower; and misrepresented the status of such construction in an effort to obscure those actions.
• Hector Hugo Gutierrez Jr., formerly affiliated with Branch Banking and Trust Company (now Truist Bank, Charlotte, North Carolina) was issued a prohibition order.
• Yvonne Han, affiliated with 1st Colonial Community Bank, Collingswood, New Jersey, was issued a personal consent order

OFAC has announced a $538,000 settlement with Mondo TV, S.p.a., an Italy-based animation company. Mondo has agreed to settle its potential civil liability for 18 apparent violations of the North Korea Sanctions Regulations.

Between May 2019 and November 2021, Mondo caused U.S. financial institutions to process approximately $537,939 in payments for animation work Mondo outsourced to a Government of North Korea-owned animation studio. This settlement amount reflects OFAC's determination that Mondo's conduct was non-egregious but not voluntarily disclosed.

The Federal Reserve Board yesterday announced that the results of its annual bank stress test showed that while large banks would endure greater losses than last year's test, they are well positioned to weather a severe recession and stay above minimum capital requirements. Additionally, the Board published aggregate results from its first exploratory analysis, which will not affect bank capital requirements.

The Board's stress test is one tool to help ensure that large banks can support the economy during downturns. The test evaluates the resilience of large banks by estimating their capital levels, losses, revenue and expenses under a single hypothetical recession and financial market shock, using banks' data as of the end of last year. The individual results from the stress test inform a bank's capital requirements to help ensure a bank could survive a severe recession and financial market shock.

The Board also conducted an exploratory analysis, including two funding stresses to all banks tested and two trading book stresses to only the largest and most complex banks. The exploratory analysis is distinct from the stress test, exploring additional hypothetical risks to the broader banking system.

The two funding stresses include a rapid repricing of deposits, combined with a more severe and less severe recession. Under each element, large banks would remain above minimum capital requirements in aggregate, with capital ratio declines of 2.7 percentage points and 1.1 percentage points, respectively. Under the two trading book stresses, which included the failure of five large hedge funds under different market conditions, the largest and most complex banks are projected to lose between $70 billion and $85 billion. The results demonstrated that these banks have material exposure to hedge funds but that they can withstand different types of trading book shocks.