Factors to be Considered | 0 | 1 | 2 | 3 | 4 | Assigned Level | Weight Factor | Weight X Level |
|---|---|---|---|---|---|---|---|---|
| Consumer harm and/or harm to public confidence; unsafe or unsound banking practice; violation (6) (12) | Neither any actual harm nor any likelihood of harm to public confidence or to consumers; no unsafe/unsound practices | Minimal harm to consumers or public confidence; and/or technical violations | Moderate actual harm to public confidence or to consumers, or the likelihood of moderate harm to public confidence or consumers; and/or minimal number of substantive violations | Significant actual harm to public confidence or to consumers, or the likelihood of significant harm to consumer confidence or consumers; and/or moderate number of substantive violations | Substantial actual harm to public confidence or to consumers, or the likelihood of substantial harm to public confidence or consumers; and/or unsafe/unsound practices exist; and/or significant number of substantive violations. Violations of a final or temporary order or condition imposed in writing in granting an application or other request by an institution | 10 | ||
| Intent (1) | No intent – occurred despite reasonable efforts and systems | Careless – made reasonable efforts but error due to inadequate diligence | Should have known – should have been aware of the risk | Reckless or willful disregard – put on specific notice, but institution did nothing | Deliberate – intentional misconduct | 9 | ||
| Concealment (5) | Institution (or IAP) provides all the information requested by FDIC promptly. | Institution (or IAP) provides information requested by FDIC, after delay, but does not seriously impair FDIC ability to make determination. | Institution (or IAP) provides information requested by FDIC, after a significant delay, or cannot provide documents because it failed to keep records. | Institution (or IAP) recklessly/deliberately failed to keep records, or otherwise deliberately obstructs or complicates issues. | Institution (or IAP) falsifies or destroys documents or information or fails to produce all documents or provide all information. | 8 | ||
| History of previous supervisory action/commitment to prevent misconduct (last 2 exams) (9) (13) | No history of previous supervisory actions or commitments | Institution’s written commitment | Board Resolution | Memorandum of Understanding | Formal Enforcement Action | 8 | ||
| Continuation after Notification (3) | Institution (or IAP) self- identifies misconduct and misconduct ceases 2 months or less after notification or as soon as reasonably practicable | FDIC or other party identifies misconduct and misconduct ceases 2 months or less after notification or as soon as reasonably practicable | FDIC, Institution (or IAP), or other party identifies misconduct and misconduct ceased more than 2 months to 4 months after notification | FDIC, Institution (or IAP), or other party identifies misconduct and misconduct ceased More than 4 months to 6 months after notification | FDIC, Institution (or IAP), or other party identifies misconduct and misconduct continued more than 6 months after notification | 5 | ||
| Duration of misconduct prior to notification or discovery (2) (12) | 0 to 6 months | Over 6 months to 12 months | Over 12 months to 18 months | Over 18 months to 24 months | Over 24 months | 5 | ||
| Frequency of misconduct prior to notification or discovery (2) (12) | N/A | The misconduct/ violation is isolated | The misconduct/ violation is a pattern or practice or system wide with minimal impact | The misconduct/ violation is a pattern or practice or system wide with moderate impact | The misconduct/violation is a pattern or practice or system wide with significant impact | 5 | ||
Last Updated: January 26, 2026