OCC Updates

FOR IMMEDIATE RELEASE
July 23, 2019
Contact: Bryan Hubbard
(202) 649-6870
 

OCC Issues Consent Order of Prohibition and $50,000 Civil Money Penalty Against Former General Counsel of Rabobank N.A.

WASHINGTON—The Office of the Comptroller of the Currency (OCC) today announced the issuance of a consent order of prohibition and $50,000 civil money penalty against Daniel Weiss, the former General Counsel of Rabobank, N.A., Roseville, Calif. (Bank).

The consent order prohibits Mr. Weiss from participating in the affairs of any federally insured depository institution and assesses a $50,000 civil money penalty for violations of law and unsafe or unsound practices alleged in the notice of charges (notice) issued on March 25, 2019.

The notice alleges that Daniel Weiss, as General Counsel of the Bank, participated in the continuous concealment of a third party report assessing the Bank’s Bank Secrecy Act program from the OCC in violation of 12 USC 481 and made false statements to the OCC in violation of 18 USC 1001.

On February 7, 2018, the Bank pled guilty to conspiracy to obstruct an OCC examination in violation of 18 USC 371 and 1517 in the U.S. District Court in the Southern District of California, and agreed to pay a forfeiture in the amount of $368,701,259 and a civil money penalty to the OCC in the amount of $50 million, based in part on the violation of 12 USC 481.

Links:

OCC Notice

Consent Order

Notice of Charges

FOR IMMEDIATE RELEASE
July 18, 2019
Contact: (202) 649-6870
 

OCC Enforcement Actions and Terminations

WASHINGTON — The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations.

All Cease and Desist Orders, Civil Money Penalty Orders, and Removal/Prohibition Orders are issued with the consent of the parties, unless otherwise indicated as a Decision and Order issued by the Comptroller of the Currency.

Copies of the final actions are available for download by viewing the searchable database of all public enforcement actions taken since August 1989 a http://apps.occ.gov/EnforcementActions/.

View the current actions by selecting the enforcement actions below. You may also submit a request electronically to obtain copies through the OCC’s online FOIA site, https://foia-pal.occ.gov/ or by writing to the Comptroller of the Currency, Communications Division, Suite 3E-218, Washington, DC 20219. When ordering, please specify the appropriate enforcement action number.

Cease and Desist Orders
No. Name/Bank/City Date
Kentucky
2019-029 McKinley Dailey, First Southern National Bank, Lancaster 6/7/2019

 

Civil Money Penalty Orders
No. Name/Bank/City Date
Kentucky
2019-029 McKinley Dailey, First Southern National Bank, Lancaster 6/7/2019

 

Formal Agreements
No. Name/Bank/City Date
Texas
2019-030 The First National Bank of Tahoka, Tahoka 6/20/2019

 

Prompt Corrective Action Directives
No. Name/Bank/City Date
New Jersey
2019-031 City National Bancshares Corporation, City National Bank of New Jersey, Newark 6/26/2019

 

Removal / Prohibition Orders
No. Name/Bank/City Date
Kentucky
2019-029 McKinley Dailey, First Southern National Bank, Lancaster 6/7/2019

 

Terminations of Existing Enforcement Actions
No. Type/Bank/City/Old EA# Date
Nebraska
2019-032 C&D, First National Bank of Omaha, Omaha (EA# 2016-075) 6/20/2019
New Jersey
2019-033 PCAD, City National Bank of New Jersey, Newark (EA# 2018-084) 6/26/2019

# # #

Link:

OCC Notice

Contact: (202) 649-6870

OCC Enforcement Actions and Terminations

WASHINGTON — The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations.

All Cease and Desist Orders, Civil Money Penalty Orders, and Removal/Prohibition Orders are issued with the consent of the parties, unless otherwise indicated as a Decision and Order issued by the Comptroller of the Currency.

Copies of the final actions are available for download by viewing the searchable database of all public enforcement actions taken since August 1989 at http://apps.occ.gov/EnforcementActions/.

View the current actions by selecting the enforcement actions below. You may also submit a request electronically to obtain copies through the OCC’s online FOIA site, https://foia-pal.occ.gov/ or by writing to the Comptroller of the Currency, Communications Division, Suite 3E-218, Washington, DC 20219. When ordering, please specify the appropriate enforcement action number.

Notices Filed
No. Name/Bank/City Date
Delaware
N19-005 Walter F. Mills, Santander Bank, National Association, Wilmington 5/20/2019
Illinois
N19-004 Stephen M. Calk, The Federal Savings Bank, Chicago 5/24/2019
Removal / Prohibition Orders
No. Name/Bank/City Date
Ohio
2019-025 Troy D. Fabon, JPMorgan Chase Bank, National Association, Columbus 5/16/2019
South Dakota
2019-026 Kimberly Mertz, Wells Fargo Bank, National Association, Sioux Falls 5/16/2019
Terminations of Existing Enforcement Actions
No. Type/Bank/City/Old EA# Date
California
2019-028 C&D, JPMorgan Bank and Trust Company, National Association, San Francisco (EA# 2013-002) 5/24/2019
Delaware
2019-028 C&D, Chase Bank USA, National Association, Newark (EA# 2013-002) 5/24/2019
Missouri
2019-027 C&D, UMB Bank, National Association, Kansas City (EA# 2017-052) 4/24/2019
Ohio
2019-028 C&D, JPMorgan Chase Bank, National Association, Columbus (EA# 2013-002) 5/24/2019

Link:

OCC Notice

Subject: Counterfeit Cashier’s Checks

Date: May 22, 2019

Description: Farmers & Merchants National Bank


 

Counterfeit Cashier’s Checks of Farmers & Merchants National Bank, Nashville, Ill.

To: Chief Executive Officers of All National Banks and Federal Savings Associations; All State Banking Authorities; Chair, Board of Governors of the Federal Reserve System; Chair, Federal Deposit Insurance Corporation; Conference of State Bank Supervisors; Deputy Comptrollers (Districts); Assistant Deputy Comptrollers; District Counsels; and All Examining Personnel

The above-named bank has reported that counterfeit cashier’s checks using the bank’s routing number of 081906275are being presented for payment nationwide in connection with a variety of online auction and job opportunity scams.

There are at least four variations of counterfeit checks in circulation. While the counterfeit checks resemble the bank’s authentic items, they may be identified by the following traits:

Variation #1

  • The checks are light blue with a white wreath in the center and contain a darker blue border.
  • The top border contains the following security statement: “SECURITY FEATURES INCLUDE TRUE WATERMARK PAPER, MICROPRINT BORDER, HEAT SENSITIVE ICON AND FOIL HOLOGRAM.”
  • The bank’s logo does not contain the telephone number.
  • The following security statement is located along the right border along with a padlock icon: “Security features included. Details on back.”
  • A heat sensitive hologram security feature appears in the bottom center portion of the check.
  • The authorized signature appears as “Anna Wilhelm.”
  • The remitter name may be “Mark Rilay.”

Variation #2

  • The checks are light blue with a darker blue top and bottom border.
  • The top border contains the following security statement: “THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER.”
  • The bank’s logo does not contain the telephone number.
  • The bottom border contains the following security statement: “THE BACK OF THIS DOCUMENT CONTAINS CHECK SECURITY WATERMARK AND COIN REACTIVE INK.”
  • A heat sensitive key security feature is located in the bottom center portion of the check.
  • The authorized signature appears as “Anna Wilhelm.”
  • The remitter name may be “John Nowicki.”

Variation #3

  • The checks are white and contain the following security statement in blue in the top border: “WARNING: THIS DOCUMENT HAS SECURITY FEATURES IN THE PAPER.”
  • The bank’s logo does not contain the telephone number.
  • A padlock icon and security statement appear along the right border.
  • The authorized signature appears as “Anna Wilhelm.”
  • The remitter name may be “Janeen Glasco.”

Variation #4

  • The checks are of unknown color but contain a marbled background and darker top border.
  • The top border contains the following security statement: “THIS DOCUMENT HAS A COLORED BACKGROUND AND MICROPRINTING. THE REVERSE SIDE INCLUDES AN ARTIFICIAL WATERMARK.”
  • The bank’s logo does not contain the telephone number.
  • The authorized signature appears as “Anna Wilhelm.”
  • The remitter name may be “Cody Miller.”

Checks presented to date have been made payable in amounts between $1,450 and $6,850.

For additional information and to verify the authenticity of cashier’s checks drawn on Farmers & Merchants National Bank, please contact Chief Financial Officer Kimberly Gill by mail at 120 West St. Louis Street, Nashville, IL 62263, by telephone at (618) 327-2405, by fax at (618) 327-4963, or by email at kgill@fmbnashville.com.

Consumers who receive counterfeit or fictitious items and associated material should file complaints with the following agencies, as appropriate:

  • U.S. Department of the Treasury, Office of Inspector General (OIG): by telephone at (800) 359‑3898 or by visiting the OIG website.
  • Federal Trade Commission (FTC): by telephone at (877) FTC-HELP or, for filing a complaint electronically, via the FTC’s website.
  • National Consumers League (NCL): by telephone at (202) 835-3323 or by email. To file a fraud complaint, visit the NCL fraud website.
  • Better Business Bureau (BBB): The BBB system serves markets throughout Canada, Puerto Rico, and the United States and is the marketplace leader in advancing trust between businesses and consumers. The website offers contact information for local BBBs, objective reports on more than 2 million businesses, consumer scam alerts, and tips on a wide variety of topics that help consumers find trustworthy businesses and make wise purchasing decisions.
  • Federal Bureau of Investigation Internet Crime Complaint Center (to report scams that may have originated via the internet).
  • If correspondence is received via the U.S. Postal Service, contact the U.S. Postal Inspection Service by telephone at (888) 877-7644; by mail at U.S. Postal Inspection Service, Office of Inspector General, Operations Support Group, 222 S. Riverside Plaza, Suite 1250, Chicago, IL 60606-6100; or via the online complaint form.

Additional information concerning this matter that should be brought to the attention of the Office of the Comptroller of the Currency (OCC) may be forwarded to

Office of the Comptroller of the Currency

Special Supervision Division
400 7th St. SW, Suite 3E-218; MS 8E-12
Washington, DC 20219

Phone: (202) 649-6450

Fax: (571) 293-4925
www.occ.gov
occalertresponses@occ.treas.gov

For additional information regarding other types of financial fraud, please visit the OCC’s anti-fraud resources page.

 

Monica A. Freas

Director for Enforcement and Compliance

Link:

OCC Notice


FOR IMMEDIATE RELEASE
May 16, 2019
Contact: (202) 649-6870
 

OCC Enforcement Actions and Terminations

WASHINGTON — The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations.

All Cease and Desist Orders, Civil Money Penalty Orders, and Removal/Prohibition Orders are issued with the consent of the parties, unless otherwise indicated as a Decision and Order issued by the Comptroller of the Currency.

Copies of the final actions are available for download by viewing the searchable database of all public enforcement actions taken since August 1989 at http://apps.occ.gov/EnforcementActions/.

View the current actions by selecting the enforcement actions below. You may also submit a request electronically to obtain copies through the OCC’s online FOIA site, https://foia-pal.occ.gov/ or by writing to the Comptroller of the Currency, Communications Division, Suite 3E-218, Washington, DC 20219. When ordering, please specify the appropriate enforcement action number.

Cease and Desist Orders
No. Name/Bank/City Date
Texas
2019-017 Jason Jones, The First National Bank of Woodsboro, Woodsboro 4/10/2019

 

Civil Money Penalty Orders
No. Name/Bank/City Date
Oklahoma
2019-018 Midfirst Bank, Oklahoma City 4/9/2019
Texas
2019-019 Colonial Savings, F.A., Fort Worth 4/30/2019

 

Notices Filed
No. Name/Bank/City Date
Minnesota
N19-003 Matthew Thomason, Northwestern Bank, National Association, Dilworth 4/11/2019

 

Personal Cease and Desist Orders
No. Name/Bank/City Date
Minnesota
2019-023 Matthew Thomason, Northwestern Bank, National Association, Dilworth 5/6/2019

 

Removal / Prohibition Orders
No. Name/Bank/City Date
Minnesota
2019-023 Matthew Thomason, Northwestern Bank, National Association, Dilworth 5/6/2019
North Carolina
2019-020 Marcos Cortes, Bank of America, National Association, Charlotte 3/7/2019

 

Terminations of Existing Enforcement Actions
No. Type/Bank/City/Old EA# Date
Minnesota
2019-024 Notice, Matthew Thomason, Northwestern Bank, National Association, Dilworth (EA# N19-003) 5/8/2019
North Carolina
2019-021 C&D, Bank of America, National Association, Charlotte (EA# 2014-158) 4/12/2019
Pennsylvania
2019-022 PC&D, Thomas Hoover, Blc Bank, National Association, Strasburg (EA# 2012-238)

\

Link:

OCC Notice

Subject: Fictitious Regulatory Agency Notification
Date: May 23, 2019
Description: Fictitious Notification Attributed to Officials of the Office of the Comptroller of the Currency
 

Fictitious Notification Regarding the Release of Funds Supposedly Under the Control of the Office of the Comptroller of the Currency

To: Chief Executive Officers of All National Banks and Federal Savings Associations; All State Banking Authorities; Chair, Board of Governors of the Federal Reserve System; Chair, Federal Deposit Insurance Corporation; Conference of State Bank Supervisors; Deputy Comptrollers (Districts); Assistant Deputy Comptrollers; District Counsels; and All Examining Personnel

Consumers have reported receiving fictitious email messages, allegedly initiated by the Office of the Comptroller of the Currency (OCC) or senior officials of the agency, regarding funds purportedly under the control of the OCC.

Any communication claiming that the OCC is involved in holding any funds for the benefit of any individual or entity is fraudulent. The OCC does not participate in the transfer of funds for, or on behalf of, individuals, business enterprises, or governmental entities.

Consumers have reported receiving poorly written email messages from the following email addresses, which are not associated with the OCC: [office2comptroller90@gmail.com], [deadhead@kfedisbroke.com], [name@kfedisbroke.com], [name@officeocc.com], [name@naver.com], [name@mynet.com], [name@outlook.com], and [123office@fork.ocn.ne.jp].

Following are four samples of frequently received messages:

Example #1

“I write to inform you that after so much deliberation with the Federal Reserve System and the United Nation as regards unsettled debts, lottery and compensation funds, the sum of $1.5 million has been approved in your favor as result of all unsettled debts, lottery and compensation funds due to you. We have been trying to reach you to know if this funds has been remitted to you and 109.195.209.147glad we have finally reached you through our Cyber experts and will ensure you get this funds.

Will advise you reach me with below details so I can guild you on how best to have this already approved funds transferred to you:

Name:

Email: [name@mynet.com] (Will contact you with official email after we have opened communication)”

Example #2

“Hello,

I am [NAME AND TITLE REMOVED] United States Of America (OCC) you can read more about me here:

https://www.occ.treas.gov/about/who-we-are/leadership/index-leadership.html

The Office of the Comptroller of the Currency (OCC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and thrift institutions and the federally licensed branches and agencies of foreign/local banks in the United States.

A directive has been issued to us to settle all outstanding payments accrued to individuals with respect to local and overseas contract payment, debt re-scheduling and outstanding compensation payment. We have been notified that you are yet to receive your fund. Fortunately, you have been selected alongside a few other beneficiaries to receive your own payment of $1,500,000.00 (One Million Five Hundred Thousand United States Dollars only). This money will hence be transferred to your nominated bank account.

To our surprise One [NAME REMOVED] wrote us that you asked her to claim the funds and presented below account details for the funds transfer:

Bank name :
Account name :
Account number:
Routing number:
Swift code:
Bank Address :

Most importantly, confirm to us urgently if you gave permission to [NAME REMOVED] to claim the fund on your behalf and if case you did not authorize anybody, then, You will have to stop communicating with the impersonators and the organizations, because they are trying to divert your fund to themselves. She tries, so hard to change the fund ownership to her name.

Await your response:

Email: [name@mynet.com]

Thanks.”

Example #3

“Office of the Comptroller
of the Currency (OCC)
400 7th Street, SW
Washington, D.C. 20219

Thank you for your email and I will ensure [NAME REMOVED] is arrested

I am glad to have developed communication with you as the sole beneficiary to this funds and will ensure you get your funds which is in line of the oath of office.

Again The Office of the Comptroller of the Currency (OCC) is an independent bureau within the United States Department of the Treasury that was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and thrift institutions and the federally licensed branches and agencies of foreign/local banks in the United States.

I have attached the OCC FORM for you to fill personal details as requested, please do not fill the part made for officials because this form is an evidence that establishes transaction between yourself and the Office of the Comptroller of the Currency (OCC) for reference purpose and to fulfil legal demands, after which your funds can be released to you.

I will wait to read from you after you have filled the necessary details.

Thanks,

United States Of America (OCC).

Note: You can as well fill the needed details as below if you are unable to print out and fill, the Department will get it documented for you

Full Name:
Full Address:
Sex:
Age:
Next Of Kin:
Working Telephone Number:
Company Name:
Position in the company:”

Example #4

“THIS MAIL IS FOR THE OWNER OF THIS E-MAIL ADDRESS:

REGARDING YOUR APPROVED FUND: $136,000.000.00 US DOLLARS.

A payment which you are supposed to receive last year, this is a compensation payment approved to you by Office of the Comptroller of the Currency (OCC) . We are truly sorry for the delayed payment. Having reviewed all the obstacle and problems surrounding the release of your $136,000.000.00 USD

The bank manager Mr. [NAME REMOVED] of the First Citizens Bank he was behind in all the delay, his plan was to divert the funds to his personal bank account. I am really worried we never heard from you for the past months, i don’t know if you are dead or still alive?

Two people from California came to our office few days ago, a lady with a man they told us that you sent them to receive the $136,000.000.00 on your behalf.

Here is the information they provided to us:

Street, LOS ANGELES, CA 90039

Names, [NAMES REMOVED]

Please confirm to us, do you know these two people from Los Angeles California? We are not comfortable with their claim to the $136,000.000.00 because i know that the $136,000.000.00 were approved to you by Office of the Comptroller of the Currency (OCC) . We don’t want to release the money to a wrong person.

I wait to read back from you ASAP, also confirm if those two people [NAMES REMOVED] were sent by you?

Thank you”

The communication may include a fictitious “Funds Clearance Application Form,” a sample of which is attached. Consumers should understand that as email addresses are reported and shut down, the scammers will continue to create new email addresses. Do not respond in any manner to any proposal purported to be issued by the OCC that requests personal account information, or requires the payment of any fee in connection with the proposal, or suggests the OCC is a participant in the transfer of funds for or on behalf of others. The OCC recommends that consumers file complaints with the following agencies, as appropriate:

Additional information concerning this matter that should be brought to the attention of the Office of the Comptroller of the Currency (OCC) may be forwarded to

Office of the Comptroller of the Currency
Special Supervision Division
400 7th St. SW, Suite 3E-218; MS 8E-12
Washington, DC 20219
Phone: (202) 649-6450
Fax: (571) 293-4925
www.occ.gov
occalertresponses@occ.treas.gov

For additional information regarding other types of financial fraud, please visit the OCC’s anti-fraud resources page.

 

Monica A. Freas
Director for Enforcement and Compliance

Link:

OCC Notice

Sample Fund Clearance Application Form

FOR IMMEDIATE RELEASE
April 19, 2019
Contact: (202) 649-6870
 

OCC Enforcement Actions and Terminations for April 2019

WASHINGTON — The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations.

All Cease and Desist Orders, Civil Money Penalty Orders, and Removal/Prohibition Orders are issued with the consent of the parties, unless otherwise indicated as a Decision and Order issued by the Comptroller of the Currency.

Copies of the final actions are available for download by viewing the searchable database of all public enforcement actions taken since August 1989 at http://apps.occ.gov/EnforcementActions/.

View the current actions by selecting the enforcement actions below. You may also submit a request electronically to obtain copies through the OCC’s online FOIA site, https://foia-pal.occ.gov/ or by writing to the Comptroller of the Currency, Communications Division, Suite 3E-218, Washington, DC 20219. When ordering, please specify the appropriate enforcement action number.

Civil Money Penalty Orders
No. Name/Bank/City Date
South Dakota
2019-009 Citibank, N.A., Sioux Falls 3/19/2019

 

Formal Agreements
No. Name/Bank/City Date
Pennsylvania
2019-011 Cfsbank, Charleroi 3/12/2019

 

Notices Filed
No. Name/Bank/City Date
California
N19-002 Daniel Weiss, Rabobank, National Association, Roseville 3/25/2019

 

Removal / Prohibition Orders
No. Name/Bank/City Date
Ohio
2019-010 Geraldine Moore, U.S. Bank National Association, Cincinnati 3/6/2019
South Dakota
2019-012 Ginger Riley, Wells Fargo Bank, National Association, Sioux Falls 2/21/2019

 

Terminations of Existing Enforcement Actions
No. Type/Bank/City/Old EA# Date
North Carolina
2019-013    FA, Bank of America, National Association, Charlotte (EA# 2012-039) 4/1/2019
Ohio
2019-014 FA, JPMorgan Chase Bank, National Association, Columbus (EA# 2012-040) 4/2/2019
South Dakota
2019-015   FA, Citibank, National Association, Sioux Falls (EA# 2012-041) 3/27/2019
2019-016   FA, Wells Fargo Bank National Association, Sioux Falls (EA# 2012-042) 3/27/2019

# # #

Link:

OCC Notice