SDBA eNews

March 30, 2023

2023 SDBA/NDBA Annual Convention Registration Open!

From the Badlands to the Great Plains to the Missouri River, it’s no secret that the Dakotas are connected in many ways – including our respective bankers’ associations. In 1993, the SDBA hosted the first SDBA/NDBA joint convention in Rapid City, SD. Join us in Sioux Falls as we celebrate 30 years of partnership – travelling through challenges, navigating obstacles, and driving change. And we will continue to work together to move our banks, our communities, and our industry forward as we answer the question, “Where to NEXT?”

WHAT:       Where to NEXT? | SDBA/NDBA Annual Convention
WHEN:       June 4-6, 2023
WHERE:     Sioux Falls Convention Center, Sioux Falls, SD

Visit the convention website to view the full agenda and to register. 

Hotel information is available by clicking here. The Sheraton Hotel is connected to the Sioux Falls Convention Center and will fill quickly. We encourage you to book your rooms early. 

If you have any questions, please reach out to us at [email protected] or call 605.224.1653.


Urgent Protective Alert from the SDBA

Good day from your friends at the SDBA—

In light of recent events across the country, the SDBA has been made aware of a large influx of fraudulent and suspicious activity taking place and aim at South Dakota’s banks and their customers. We’ve learned these activities, in most cases, do not appear to be connected to one another, however, they are not isolated. We’ve learned through these reports that several South Dakota community banks reported that customers and non-customers received texts from their “banks” and/or lenders.

Sadly, this isn’t the only scenario. We are hearing, that in many cases, reports of scams and fraudulent activity have nearly doubled year-over-year due to recent events. An increase in scam activity, unfortunately, is and was expected after the Silicon Valley Bank (SVB) failure. Additionally, scammers are preying on parents fears now, too. We’ve also received a report from a South Dakota bank who is aware of a person who fell victim to the “grandparent” scam, except it was ramped up and targeted a parent-child relationship. The child’s phone number was spoofed, and when the parent answered, the fraudster threatened to harm the child if money was not sent.   The fraudster also had a sound of a child crying in the background, adding additional stress to the situation. The parent immediately sent the money as the caller appeared to call from the child’s phone. 

The SDBA shares our members’ and members’ customers’ concerns over these troubling and frightening reports. Below, we’ve provided some resources we hope will be useful to brush up on the mitigation of fraudulent scams:

  • Banks Never Ask That – This is a thorough campaign the American Bankers Association (ABA) put together to keep you aware of red flags of phishing. It includes tips for email, phone, text and mobile payment app scams.
  • How to spot a fake text message:
    1. You don’t recognize the sender. Anyone can act like a trusted person or company to try and steal your personal information.
    2. You’re asked to review something online. Your bank will never ask you to log into your account to verify your information.
    3. Do not click on any links. If you’re suspicious, call your bank.
  • The practice of sending fraudulent emails purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers, or to click on links that install malware, is called phishingSmishing has the same goal but comes in the form of a text message. The scammer entices the victim by claiming a victim must provide them with a password, account number, or even social security number to stop an alleged fraudulent transaction. Once this information is provided, the scammer can gain access to the device and any personal information stored on it, including email, bank, credit card, or other types of accounts including social media. The latest smishing scam involves an alleged delivery notification with a tracking link. The increase in online shopping and home deliveries has provided opportunities for criminals to masquerade as delivery companies. Clicking on the link will take the victim to a fake site where they will be asked to enter more details to prove identity or to pay a non-existent fee. Clicking the link could also potentially download malware on the user’s device.  

If you or a customer have been targeted or fallen victim to a scam recently, call your bank. DO NOT click links sent through a text or email—you may be further compromised. Best thing to do is open a new browser and type in your bank’s web address. If you don’t know your bank’s web address, type it into a search bar. Next, report the scam to your local law enforcement.

Finally, we know that our South Dakota banks work tirelessly every day to protect our customers and their money. This is the message we will continue to articulate on behalf of our member banks. However, if you have questions or concerns or would like to weigh in on scams or fraudulent activity you’ve been witness to, please contact the SDBA at 605.224.1653 or [email protected]. We thank you for your membership, friendship and vigilance in caring, not just for your staff and customers, but for your neighbors and community, as well.

Stay safe, be vigilant and thank you for your careful attention to this matter.

SDBA


SDBA Seeking Candidates for 2023 Board Elections

Elections for the SDBA’s Board of Directors are scheduled for April. Three seats are up for election: Group IV, Mid-Size Community Bank, and Community Bank.

The Group IV seat is currently held by Terry Fitzke, BankWest, Pierre, who was appointed to fill a vacancy in 2022 and is eligible to run for a full, three-year term. The Mid-Size Community Bank seat is currently held by Craig Davis, First National Bank, Pierre, who has fulfilled his term. The Community Bank seat is currently held by Pete Mehlhaff, Great Plains Bank, Aberdeen, who has fulfilled his term.

If you are interested in running for one of the Board seats, please contact one of the nominating committee members by April 5, 2023. Please also submit a short bio and headshot photo for the voting ballot to Haley Juhnke at [email protected]. Newly-elected SDBA Board members will take office on May 1, 2023, and serve a three-year term expiring April 30, 2026.


'She Gets It' Mastermind Experience Offered to Women Bankers

As you know, the world is ever-changing and the role of women continues to change with it. Which is exactly why we here at the South Dakota Banker’s Association are excited to announce our partnership with AmyK at ‘She Gets It’ to bring to you an exclusive opportunity to advance your career, your relationships and your life.

We are offering you a brilliant six-week experience and are inviting you to join us for our 'She Gets It Mastermind Foundations: Learn the Language of Self-leadership'.

This Mastermind experience is a LIVE 6-week online program designed to advance the Self-leadership and Emotional Intelligence skills of Women Bankers because when we invest in women leaders we invest in a more innovative and profitable financial future for all of us.

We invite you to learn more about this incredible Mastermind here (scroll completely through the website for details and pricing)https://my.shegetsit.com/mmwomenbankers

And… you can meet AmyK in this short video she made just us for Women Bankers: https://youtu.be/AXN8M2vg3_k

If you’re ready to advance your banking career & life, you can reach out directly to us at [email protected] and we’ll get you registered. The deadline to register is April 18.


Senators Question Regulators’ Role in SVB Collapse

During a Senate Banking Committee hearing today, regulators agreed that rules governing financial institutions should be strengthened to better protect the overall financial system. Several lawmakers questioned, however, whether those same regulators failed to use their existing tools to rein in Silicon Valley Bank.

Representatives from the FDIC, Federal Reserve and the Treasury Department appeared before the committee for the first of two congressional hearings this week on the failures of SVB and Signature Bank, as well as the subsequent federal response. A major focus was a 2018 bill—S. 2155—that gave the Fed broad discretion over how it supervised banks ranging in size from $100 billion to $250 billion in assets. Fed Vice Chairman for Supervision Michael Barr said the agency is examining the 2019 rulemaking implementing the legislation as part of a broader review of how his agency handled SVB.

“We are looking at the range of tailoring approaches that the Federal Reserve took,” Barr said. “The decision to set those lines by asset size and other risk factors was made back in 2019. I joined the board in July 2020 and began looking at that approach… I believe we have substantial discretion to alter that framework.” Barr also said that his agency plans to propose a long-term debt rule for large banks that are not globally systemic important banks, which will require the institutions to maintain a cushion of loss-absorbing resources to support stabilization and allow for resolution in a manner that does not pose a systemic risk to the overall financial system. At the same time, he reiterated his message that the nation’s banking system is sound and resilient. “Most banks are highly effective in managing interest rate risk and liquidity risk. It is the bread-and-butter kind of work of bank management,” Barr said.

All three witnesses—Barr, FDIC Chairman Martin Gruenberg and Treasury Undersecretary for Domestic Finance Nellie Liang—said that they would support stronger rules to protect the financial system. But other committee members said that it appears that regulators already had the tools to address the problems at SVB but failed to do their jobs. “As you do your lookback into what transpired, it better be fixed,” said Sen. Jon Tester (D-Mont.) “If it’s the regulators’ fault, it better be fixed. If it’s the regulations’ fault, it better be fixed …. But it looks to me like regulators knew the problem, but nobody dropped the hammer.”

View the article here


ABA Foundation Accepting Donations to Support Mississippi Tornado Relief Efforts; ABA to Contribute $50K

The American Bankers Association Foundation today announced it will start collecting tax-exempt contributions through its Disaster Relief Program to help aid relief efforts in Mississippi after a series of deadly tornadoes swept through the region on March 24. The storms killed at least 21 people and destroyed homes and businesses in their path. At the request of the Mississippi Bankers Association (MBA), the ABA Foundation will immediately begin accepting donations today, with all funds directed to the Heart of the Delta Foundation, which is supporting rural communities in the Delta region, and the CREATE Foundation, which is aiding relief efforts in Northeast Mississippi.

ABA announced that the association will lead the fundraising effort by contributing $50,000 through the Foundation’s Disaster Relief Program to assist those affected by the tornadoes. Local bank employees were among those directly impacted by the storms. Two Bank of Anguilla employees suffered significant injuries from the tornado that hit the town of Rolling Fork and a number of bank employees lost their homes. Employees working for banks in Northeast Mississippi were also affected by the storm, and bank branches sustained damage as well.

“We are devastated by the loss of life in Mississippi and know communities across the state face a long road to recovery,” said ABA president and CEO Rob Nichols. “Banks throughout the state are already stepping up to support customers and communities in need. Our hope is that by activating the ABA Foundation’s Disaster Relief Program, the entire banking industry can contribute to the relief effort and help get Mississippians back on their feet.”

“We thank the ABA Foundation and our banking industry colleagues across the country for their support,” said Gordon Fellows, president and CEO of the Mississippi Bankers Association. “Mississippi’s bankers realize that recovery from this devastating storm will require a long-term commitment, and contributions will help provide local bankers additional means to support those efforts.”

Through the ABA Foundation’s Disaster Relief Program, state bankers associations can request ABA Foundation assistance after a presidentially-declared disaster in their state. If the request meets certain criteria and is approved by the ABA Foundation Board, the ABA Foundation can solicit donations nationwide on the state association’s behalf. The state association is responsible for identifying qualified recipients for all funds raised. 

Donations will be accepted until May 12, 2023. To donate, visit aba.com/DonateRelief.


CISA News: Opting Out of Sharing Your Mobile Data

A new breach involving data from nine million AT&T customers is a fresh reminder that your mobile provider likely collects and shares a great deal of information about where you go and what you do with your mobile device — unless and until you affirmatively opt out of this data collection. Here’s a primer on why you might want to do that, and how


  Compliance Alliance logo

QUESTION OF THE WEEK

Q: When purchasing loan, do we need to collect a beneficial ownership form? If so, will collecting after the loan is purchased acceptable?

A: IP guidance suggests that for purchased loans banks are required to ensure that the institution or broker that originated the loan complied with the applicable CIP requirements but the bank does not necessarily need to perform this themselves after the purchase has been completed: 

"2. Are loan participations purchased from third parties and loans purchased from a car dealer or mortgage broker within the exclusion from the definition of “account” for loans acquired through an acquisition, merger, purchase of assets, or assumption of liabilities? Yes, this exclusion is intended to cover loan participations purchased from third parties and loans purchased from a car dealer or mortgage broker. If, however, the bank is extending credit to the borrower using a car dealer or mortgage broker as its agent, then it must ensure that the dealer or broker is performing the bank’s CIP…"

FAQ #2 CIP Final Rule: https://www.fincen.gov/sites/default/files/guidance/finalciprule.pdf 

Thus, subject to any internal guidelines providing otherwise, these will often be subject to the exclusion above. As always, to avoid implicating any UDAAP/UDAP and/or fair lending considerations, the bank will want to ensure that it is treating similarly situated borrowers consistently, across the board in performing CIP/beneficial ownership on these purchased loans. 

Compliance Alliance offers a comprehensive suite of compliance management solutions. To learn how to put them to work for your bank, call (888) 353-3933 or email [email protected] and ask for our Membership Team.

For timely compliance updates, subscribe to Bankers Alliance’s email newsletters.


 SDBA eNews Archive
View past issues of the SDBA eNews

Advertising Opportunity
Learn more about sponsoring the SDBA eNews.

Questions/Comments
Contact the SDBA at 605.224.1653 or via email.