12 U.S.C. § 1772d: Forfeiture of organization…

Summary

If a credit union is convicted of money laundering under 18 U.S.C. 1956 or 1957, the Attorney General must send the Board a written notice and a certified copy of the conviction. After that notice the Board must tell the credit union it plans to end its rights and must set a pretermination hearing. For convictions under 31 U.S.C. 5322 or 5324, the Attorney General can notify the Board, and the Board can choose to issue the same notice and hearing. Court review follows 12 U.S.C. 1786(j). When deciding whether to end the charter, the Board will look at five things: whether directors or top officers knew of or took part in the crime; whether the crime happened despite existing prevention policies; how much the credit union cooperated with law enforcement; what new controls it put in place afterward; and whether closing it would harm local banking services. A buyer or successor who took over in good faith and not to evade the rule is not covered.

Title 12, §1772d

Banks and Banking, Source: USLM XML via OLRC

(a)Forfeiture of franchise for money laundering or cash transaction reporting offenses

(1)Conviction of title 18 offenses

(A)Duty to notify

If a credit union has been convicted of any criminal offense under section 1956 or 1957 of title 18, the Attorney General shall provide to the Board a written notification of the conviction and shall include a certified copy of the order of conviction from the court rendering the decision.

(B)Notice of termination; pretermination hearing

After receiving written notification from the Attorney General of such a conviction, the Board shall issue to such credit union a notice of its intention to terminate all rights, privileges, and franchises of the credit union and schedule a pretermination hearing.

(2)Conviction of title 31 offenses

If a credit union is convicted of any criminal offense under section 5322 or 5324 of title 31 after receiving written notification from the Attorney General, the Board may issue to such credit union a notice of its intention to terminate all rights, privileges, and franchises of the credit union and schedule a pretermination hearing.

(3)Judicial review

section 1786(j) of this title shall apply to any proceeding under this section.

(b)Factors to be considered

In determining whether a franchise shall be forfeited under subsection (a), the Board shall take into account the following factors:

(1)The extent to which directors, committee members, or senior executive officers (as defined by the Board in regulations which the Board shall prescribe) of the credit union knew of, or were involved in, the commission of the money laundering offense of which the credit union was found guilty.

(2)The extent to which the offense occurred despite the existence of policies and procedures within the credit union which were designed to prevent the occurrence of any such offense.

(3)The extent to which the credit union has fully cooperated with law enforcement authorities with respect to the investigation of the money laundering offense of which the credit union was found guilty.

(4)The extent to which the credit union has implemented additional internal controls (since the commission of the offense of which the credit union was found guilty) to prevent the occurrence of any other money laundering offense.

(5)The extent to which the interest of the local community in having adequate deposit and credit services available would be threatened by the forfeiture of the franchise.

(c)Successor liability

This section shall not apply to a successor to the interests of, or a person who acquires, a credit union that violated a provision of law described in subsection (a), if the successor succeeds to the interests of the violator, or the acquisition is made, in good faith and not for purposes of evading this section or regulations prescribed under this section.

Editorial Notes

Amendments

1994—Subsec. (a)(2). Pub. L. 103–325 substituted “section 5322 or 5324 of title 31” for “section 5322 of title 31”.

§1772d Forfeiture of Organization Certificate for Money Laundering or Cash Transaction Reporting Offenses

Summary

Title 12, §1772d

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata