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199 Part 617—Referral of Known Or Suspected Criminal Viola- Tions

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199 Part 617—Referral of Known Or Suspected Criminal Viola- Tions Farm Credit Administration § 617.2 PART 617ÐREFERRAL OF KNOWN institution's ability to report known or OR SUSPECTED CRIMINAL VIOLA- suspected criminal activities to the ap- TIONS propriate investigatory or prosecuting authorities, whether Federal, State, or Sec. local, even when the circumstances in 617.1 Purpose and scope. which a report is required under § 617.2 617.2 Referrals. are not present. 617.3 Notification of board of directors and (d) It shall be the responsibility of bonding company. 617.4 Institution responsibilities. each System institution to determine whether there appears to be a reason- AUTHORITY: Secs. 5.9, 5.17 of the Farm Cred- able basis to conclude that a criminal it Act (12 U.S.C. 2243, 2252). violation has been committed and, if SOURCE: 62 FR 24566, May 6, 1997, unless so, to report the matter to the proper otherwise noted. law enforcement authorities for consid- § 617.1 Purpose and scope. eration of prosecution. (a) This part applies to all institu- (e) Each referral required by § 617.2(a) tions of the Farm Credit System as de- shall be made on the FCA Referral fined in section 1.2(a) of the Farm Cred- Form in accordance with the FCA Re- it Act of 1971, as amended, (Act) (12 ferral Form instructions relating to its U.S.C. 2002(a)) including, but not lim- filing and distribution. ited to, associations, banks, service corporations chartered under section § 617.2 Referrals. 4.25 of the Act, the Federal Farm Cred- (a) Each institution and its board of it Banks Funding Corporation, the directors shall exercise due diligence to Farm Credit System Financial Assist- ensure the discovery, appropriate in- ance Corporation, the Farm Credit vestigation, and reporting of criminal Leasing Services Corporation, and the activity. Within 30 calendar days of de- Federal Agricultural Mortgage Cor- termining that there is a known or sus- poration (hereinafter, institutions). pected criminal violation of the United The purposes of this part are to ensure States Code involving or affecting its public confidence in the Farm Credit assets, operations, or affairs, the insti- System, to ensure the reporting of known or suspected criminal activity, tution shall refer such criminal viola- to reduce potential losses to institu- tion to the appropriate regional offices tions, and to ensure the safety and of the United States Attorney, and the soundness of institutions. This part re- Federal Bureau of Investigation or the quires that institutions use the Farm United States Secret Service or both, Credit Administration Criminal Refer- using the FCA Referral Form. A copy ral Form (hereinafter FCA Referral of the completed FCA Referral Form, Form) to notify the appropriate Fed- accompanied by any relevant docu- eral authorities when any known or mentation, shall be provided at the suspected Federal criminal violations same time to the Farm Credit Adminis- of the type described in § 617.2 are dis- tration's Office of General Counsel. In covered by institutions. the event that a Farm Credit bank (b) The specific referral requirements makes a loan through a Federal land of this part apply to known or sus- bank association which services the pected criminal violations of the loan, the Federal land bank association United States Code involving the as- must inform the Farm Credit bank of sets, operations, or affairs of an insti- any known or suspected violation in- tution. This part prescribes procedures volving that loan and the Farm Credit for referring those violations to the bank shall refer the violation to Fed- proper Federal authorities and the eral law enforcement authorities under Farm Credit Administration. No spe- this section. A report is required in cir- cific procedural requirements apply to cumstances where there is: the referral of violations of State or local laws. (1) Any known or suspected criminal (c) Nothing in this part should be activity (e.g., theft, embezzlement), construed as reducing in any way an mysterious disappearance, unexplained 199 VerDate 03<MAR>99 09:27 Mar 15, 1999 Jkt 183038 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\183038T.XXX pfrm03 PsN: 183038T § 617.3 12 CFR Ch. VI (1±1±99 Edition) shortage, misapplication, or other de- § 617.3 Notification of board of direc- falcation of property and/or funds, re- tors and bonding company. gardless of amount, where an institu- (a) The institution's board of direc- tion employee, officer, director, agent, tors shall be promptly notified of any or other person participating in the criminal referral by the institution, ex- conduct of the affairs of such an insti- cept that if the criminal referral in- tution is suspected; volves a member of the board of direc- (2) Any known or suspected criminal tors, discretion may be exercised in no- activity involving an actual or poten- tifying such member of the referral. tial loss of $5,000 or more, through false (b) The institution involved shall statements or other fraudulent means, promptly make all required notifica- where the institution has a substantial tions under any applicable surety bond basis for identifying a possible suspect or other contract for protection. or group of suspects and the suspect(s) § 617.4 Institution responsibilities. is not an institution employee, officer, director, agent, or other person partici- Each institution shall establish effec- pating in the conduct of the affairs of tive policies and procedures designed such an institution; to ensure compliance with this part, including, but not limited to, adequate (3) Any known or suspected criminal internal controls. activity involving an actual or poten- tial loss of $25,000 or more, through false statements or other fraudulent PART 618ÐGENERAL PROVISIONS means, where the institution has no Subpart AÐRelated Services substantial basis for identifying a pos- sible suspect or group of suspects; or Sec. (4) Any known or suspected criminal 618.8000 Definitions. activity involving a financial trans- 618.8005 Eligibility. 618.8010 Related services authorization action in which the institution was process. used as a conduit for such criminal ac- 618.8015 Policy guidelines. tivity (such as money laundering/struc- 618.8020 Feasibility requirements. turing schemes). 618.8025 Feasibility reviews. (b) In circumstances where there is a 618.8030 Out-of-territory related services. known or suspected violation of State Subpart BÐMember Insurance or local criminal law, the institution shall notify the appropriate State or 618.8040 Authorized insurance services. local law enforcement authorities. Subpart CÐLeasing (c) In addition to the requirements of paragraph (a) of this section, the insti- 618.8050 Leasing authority. tution shall immediately notify by 618.8060 Leasing limitations. telephone the appropriate Federal law enforcement authorities and FCA of- Subparts D±E [Reserved] fices specified on the FCA Referral Subpart FÐMiscellaneous Provisions Form upon determining that a known or suspected criminal violation of Fed- 618.8210 Conducting information programs. eral law requiring urgent attention has 618.8220 [Reserved] 618.8230 [Reserved] occurred or is ongoing. Such cases in- 618.8250 Purchases and sales of personal clude, but are not limited to, those property. where: 618.8260 [Reserved] (1) There is a likelihood that the sus- 618.8270 Travel, subsistence, and other re- pect(s) will flee; lated expenses. (2) The magnitude or the continu- Subpart GÐReleasing Information ation of the known or suspected crimi- nal violation may imperil the institu- 618.8300 General regulation. tion's continued operation; or 618.8310 Lists of borrowers and stockhold- ers. (3) Key institution personnel are in- 618.8320 Data regarding borrowers and loan volved. applicants. 200 VerDate 03<MAR>99 09:27 Mar 15, 1999 Jkt 183038 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\183038T.XXX pfrm03 PsN: 183038T.
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