Title 12Banks and BankingRelease 119-73not60

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

Title 12 › Chapter 14— FEDERAL CREDIT UNIONS › Subchapter I— GENERAL PROVISIONS › § 1772d

Last updated Apr 3, 2026|Official source

Summary

If a credit union is convicted of a crime under 18 U.S.C. 1956 or 1957, the Attorney General must send the Board a written notice and a certified copy of the court’s conviction. After that notice, the Board must tell the credit union it plans to end the credit union’s charter and official authority to operate, and it must set a hearing before doing so. If the credit union is convicted under 31 U.S.C. 5322 or 5324 after the Attorney General’s notice, the Board may (but does not have to) do the same. Proceedings must follow 1786(j). In deciding whether to end the charter, the Board will look at who knew about or took part in the wrongdoing (including directors, committee members, and senior executive officers — top managers defined by the Board), whether the credit union had prevention policies, how much it cooperated with law enforcement, what new internal controls it added afterward, and whether closing it would harm local banking services. A good‑faith buyer or successor who did not acquire the credit union to avoid this rule is not covered.

Full Legal Text

Title 12, §1772d

Banks and Banking — Source: USLM XML via OLRC

(a)(1)(A)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)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)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)section 1786(j) of this title shall apply to any proceeding under this section.
(b)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)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.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1772d

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60