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
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.
- Background—reasons for the Bulletin
- Types of enforcement actions
- Determining the appropriate supervisory or enforcement response
- Decision authority—Major Matters Supervision Review Committee
- Enforcement action documents—must “identify the underlying basis for the enforcement action”
- Assessing compliance with enforcement actions
- Communicating enforcement action compliance
- Terminating an enforcement action
- 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?
Ryan T. Scarborough
Williams & Connolly
Mr. Scarborough defends financial institutions, law firms, corporations, and their directors and officers against... | Read More
Mr. Scarborough defends financial institutions, law firms, corporations, and their directors and officers against threatened or actual litigation from government regulators, consumers, shareholders, and competitors. He has litigated against the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Federal Housing Finance Agency, and other financial regulatory agencies. He has been recognized by The Legal 500 for his work in handling Financial Services litigation, advising financial institutions and high-ranking executives across a range of litigation and enforcement actions.Close
Andrea K. Mitchell
Ms. Mitchell advises financial services clients throughout the country on a wide range of administrative enforcement... | Read More
Ms. Mitchell advises financial services clients throughout the country on a wide range of administrative enforcement and regulatory compliance matters. She focuses her practice on fair and responsible financial services, including matters that involve disparate impact and disparate treatment, unfair, deceptive, or abusive acts and practices (UDAAP), and other unfair, predatory, or anti-discrimination issues. She has extensive experience in counseling banks, finance companies, and third-party service providers on regulatory compliance and risk management with respect to the Equal Credit Opportunity Act, Fair Housing Act , Truth in Savings Act, Fair Credit Reporting Act, Electronic Fund Transfer Act , and UDAAP laws.Close
Daniel P. Stipano
Mr. Stipano has more than three decades of bank regulatory and enforcement experience. In his practice he advises on... | Read More
Mr. Stipano has more than three decades of bank regulatory and enforcement experience. In his practice he advises on all aspects of bank regulatory and compliance issues, represents clients in state, federal, and foreign banking enforcement actions, and provides assistance in establishing, maintaining, and monitoring Bank Secrecy Act and Anti-Money Laundering compliance programs. Prior to joining the firm, he was at the OCC, where he served as Deputy Chief Counsel for 16 years where he was extensively involved in every major OCC enforcement action over the last 20 years until the time of his departure.Close