SDBA eNews

November 27, 2024

ABA Banking Journal: House lawmakers call on FDIC to withdraw brokered deposits proposal

November 26, 2024

DC capitolIn a letter yesterday led by Reps. Andy Barr (R-KY) and French Hill (R-AR), 20 House lawmakers called on the FDIC to withdraw its proposed rule to expand the definition of brokered deposits, saying the changes under consideration would harm banks and consumers.

The FDIC board voted 3-2 in July to advance a proposed rule that would expand the definition of “deposit broker,” capturing many deposits that critics of the proposal say do not pose enhanced liquidity or other risks. In the letter to FDIC Chairman Martin Gruenberg, the lawmakers said the rulemaking was arbitrary and would “unjustifiably reverse adjustments to the treatment of brokered deposits that were finalized by the FDIC in 2020 following substantial research and analysis.”

The lawmakers also faulted Gruenberg for citing the failure of fintech firm Synapse and last year’s bank failures as reasons for rule change, saying such justifications “are disingenuous as neither of these situations were caused by brokered deposits.”

“This proposal will also have negative consequences for banks and everyday investors,” the lawmakers said. “Without justification, the proposal would likely force banks, including ones that do not face restrictions on acceptance of brokered deposits, to significantly alter their liability structures. By increasing the share of deposits for many banks that would be classified as brokered deposits, the proposal also promises to unnecessarily increase deposit insurance assessment rates for those banks.”

Earlier this month, the American Bankers Association and nearly 60 national and state bankers associations sent the agency a trio of letters arguing that it had failed to justify the need for the proposal changes, that the proposal does meet the legal standards required of new rulemakings, and that it raises numerous policy concerns. They urged the agency to withdraw the proposed rule.

Full Article


CISA News: US seizes PopeyeTools cybercrime marketplace, charges administrators

November 21, 2024 | Bill Toulas

Seizure bannerThe U.S. has seized the cybercrime website 'PopeyeTools' and unsealed charges against three of its administrators, Abdul Ghaffar, Abdul Sami, and Javed Mirza, for selling stolen data.

Apart from the seizure of multiple domains associated with the cybercrime platform, the authorities have also confiscated $283,000 worth of cryptocurrency linked to illicit operations.

PopeyeTools was a clearnet marketplace dedicated to facilitating cybercrime by selling stolen financial and personal data, along with tools for conducting fraud and cyberattacks.

Launched in 2016, the platform served as a hub for thousands of users worldwide, including those involved in ransomware activities and other sophisticated cybercrimes.

According to the authorities, PopeyeTools generated an estimated revenue of $1,700,000 through the sale of personal and financial information of at least 227,000 individuals.

The services offered in the marketplace include:

  • Bundles of unauthorized payment card data and personally identifiable information (PII), marketed as "live" and valid for fraudulent transactions, priced around $30 per card.
  • Logs of stolen bank account details for fraudulent access.
  • Spam email lists for phishing or marketing scams.
  • Templates for websites used in scam operations.
  • Educational materials for carrying out financial fraud and other cybercrimes.
  • Tools to verify the validity of stolen credit card, debit card, and bank account data offered on the marketplace.

The platform also offered refund policies and replacements for purchased data found not to be working, striving to maintain a high level of customer service to attract and retain users.

Today, the authorities announced the seizure of the PopeyeTools.comPopeyeTools.uk, and PopeyeTools.to domains, with the latter being the latest hosting the cybercrime platform.

Visitors to these URLs will now see the following banner, warning them that information on the platform's members is now in the hands of law enforcement investigators.

Administrators charged

The three suspected administrators, Ghaffar, 25, from Pakistan, Sami, 35, from Pakistan, and Mirza, 37, from Afghanistan, are accused of operating PopeyeTools.

The three face charges of conspiracy to commit access device fraud, trafficking access devices, and solicitation for the purpose of offering access devices.

If convicted, each charge carries a maximum penalty of 10 years in prison. However, no arrests have been made at this time, and it's unclear where the suspects reside and if an extradition can be requested.

Nonetheless, approximately $283,000 worth of cryptocurrency linked to Abdul Sami has been seized.


ABA Banking Journal: Prepare your bank for the FDIC’s new signage rule

November 25, 2024

A New Way to Display ‘FDIC’

The use of the FDIC logo at teller windows, on bank doors and in other places — not to mention the disclosure of “Member FDIC” in advertising — is a staple of how banks present the deposit insurance guarantee to their customers and the public. On May 1, these practices will receive a major update, and banks need to figure out how to comply.

The rule changes how banks display the FDIC logo online, on apps and at branches and ATMs. It also bars the logo’s use in advertising and marketing that misrepresent deposit insurance coverage. The ambiguity in the rule’s language is a headache for banks as they work on implementation, according to Ashtyn Landen, senior director of prudential regulation at ABA.

“One of the confusing terms was ‘continuously,’” Landen says. “What does it mean to have the FDIC sign continuously on your website? Does that mean when you scroll, the sign follows you down the screen? Does it mean it pops up in different places?”

Take advantage of FDIC resources

Despite the time crunch and lack of clarity, industry experts say banks must do everything they can to proactively prepare for implementation.

Landen suggests rereading the rule, looking at the FDIC’s questions and answers, and attending the agency’s webinar series about rule requirements. At these webinars, the FDIC will “discuss additional questions regarding the rule” and could “clear up any confusion around what exactly is required for the website and mobile apps,” she says.

The session on May 30 reviewed subparts A and B, including the major requirements and objectives, and answered common questions. The second, on July 31, discussed requirements and offered details on FDIC signage on websites — including when signage is not required — and examples of violations. (Visit the FDIC’s site to view the earlier presentation slide decks and for updates.)

Not one size fits all

Questions about integrating the new rule will differ depending on the bank, according to Leslie Callaway, senior director for compliance, outreach and development at ABA and the team lead for ABA’s members-only Compliance Hotline.

“The bigger banks are looking at this and have been since day one. Smaller banks that don’t have the resources are struggling a little bit more. It really depends on the size of the bank [and] the resources they have,” she says. “There’s a lot of rules around ATMs, so how many ATMs do you have? How many new ATMs are you going to have? There’s a lot of moving parts.”

Since implementation challenges will vary, it’s important for banks to communicate with their examiner for help with the changes and to ensure readiness for May 1, says Therese Kieffer, specialized consulting manager at Wolters Kluwer.

“Where you’ve got the non-deposit product that you’re also offering in your branch and you want to put it up on digital display, it might be worthwhile having a conversation with your examiner as to what they would recommend [in terms of appropriate disclosure] in that kind of situation,” Kieffer says. “You might want to run some of your drafts of your mobile app page or some of your designs past your examiner.”

Full Article


FinCEN Releases Commercial on Beneficial Ownership Information Reporting

FinCEN

The Financial Crimes Enforcement Network this week released a new video and radio commercial to educate business owners on the new beneficial ownership information reporting requirements. It is part of a larger public outreach campaign by the agency, which includes a dedicated website and videos on BOI reporting.

FinCEN issued a notice to financial institution customers about BOI reporting, explaining why certain customers must report directly to the agency in addition to giving information to their banks, which are subject to the customer due diligence rule.



ABA Banking Journal: FinCEN joins private-public partnership to combat scams

November 25, 2024

ABA urges FCC to combat illegal call spoofingThe Financial Crimes Enforcement Network today announced it has joined a task force that brings together government agencies and the private sector to coordinate a national response to fraud and scams.

The National Task Force on Fraud and Scam Prevention was convened by the Aspen Institute’s Financial Security Program earlier this year to develop a national strategy to fight fraud. It includes representatives from the financial services sector, technology companies, consumer advocacy groups, information sharing and analysis centers and federal government agencies, according to FinCEN. As part of its role on the task force, the agency will participate in specific working groups to develop recommendations to include in the national strategy to combat fraud through cross-sector collaboration and “whole-of-government” support.

FinCEN’s participation in the task force furthers its efforts to expand public-private partnerships to combat illicit finance risks, the agency said.

Full Article

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