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Bank Enforcement Actions: New OCC Policies and Procedures

OCC Bulletin 2017-48: Revised Terminology, Documentation, Reporting Requirements, Risk Factors and More

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, March 13, 2018

Recorded event now available

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This CLE course will examine recent changes to the Office of the Comptroller Currency’s (OCC) policies and procedures regarding bank enforcement actions and related matters as set forth in OCC Bulletin 2017-48 (Bulletin). The panel will discuss how the new procedural and substantive changes in the OCC’s enforcement regime will impact banks of varying sizes and risk profiles.


Effective Dec. 1, 2017, the OCC revised its Policies and Procedures Manual (PPM) regarding bank enforcement actions and related matters. OCC Bulletin 2017-48 provides new procedures regarding communication, format, follow-up, analysis, documentation and reporting. Bank counsel should have a thorough understanding of the new PPM and its ramifications for bank clients.

The new PPM provides an expanded list of factors examiners may consider when determining the appropriate enforcement action, including the bank’s financial condition; its risk profile; the nature and severity of the bank’s deficiencies; the extent of unsafe or unsound practices; the board’s and management’s ability to correct deficiencies; potential adverse impact to bank customers; and previous or existing enforcement actions.

The Bulletin updates OCC policies to reflect the current list of informal and formal enforcement actions available to the OCC. It also formalizes the function of the Major Matters Supervision Review Committee (MMSRC), which will decide enforcement decisions on cases that are of “heightened importance” based on certain factors listed in the bulletin. The bulletin also provides some new and updated terminology.

Listen as our authoritative panel examines these and other changes to the PPM and how they will impact OCC bank examination procedures going forward. The panel will also discuss how the size and risk profile of a bank figures into application of the new procedures.



  1. Background—reasons for the Bulletin
  2. Types of enforcement actions
  3. Determining the appropriate supervisory or enforcement response
  4. Decision authority—Major Matters Supervision Review Committee
  5. Enforcement action documents—must “identify the underlying basis for the enforcement action”
  6. Assessing compliance with enforcement actions
  7. Communicating enforcement action compliance
  8. Terminating an enforcement action
  9. Public disclosure of enforcement actions


The panel will review these and other key issues:

  • How does the Bulletin expand on the list of factors OCC might consider when determining whether to bring an enforcement action?
  • How does a bank’s size and risk profile impact the OCC’s determination on whether to bring an enforcement action?
  • What is the role of the MMSRC and what kinds of matters are deemed to be of “heightened interest” in the PPM?


Scarborough, Ryan
Ryan T. Scarborough

Williams & Connolly

Mr. Scarborough defends financial institutions, law firms, corporations, and their directors and officers against...  |  Read More

Mitchell, Andrea
Andrea K. Mitchell

Buckley Sandler

Ms. Mitchell advises financial services clients throughout the country on a wide range of administrative enforcement...  |  Read More

Stipano, Daniel
Daniel P. Stipano

Buckley Sandler

Mr. Stipano has more than three decades of bank regulatory and enforcement experience. In his practice he advises on...  |  Read More

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