Transparency & Accountability - Bank Examinations: Requests for Review of Material Supervisory Determinations
Requests for Review of Material Supervisory Determinations
Decisions Issued from January 1, 2018 to March 31, 2024
On July 18, 2017, the FDIC Board of Directors adopted revised Guidelines for Appeals of Material Supervisory Determinations, which included certain reporting requirements for requests for review of material supervisory determinations that are acted on by the applicable division director. The table below provides detailed information on the requests for review decisions issued between January 1, 2018, and March 31, 2024.
Division | Date | Determination(s) Contested | Decision |
---|---|---|---|
Division of Depositor and Consumer Protection | 2/20/2024 | Apparent violations of Section 5 of the Federal Trade Commission Act for unfair or deceptive acts or practices (UDAP) and the FDIC’s consideration of a formal enforcement action for the UDAP violations. | The Director determined that the Banks’ request for review of the UDAP violations through the FDIC’s supervisory appeals process cannot move forward at this time. The FDIC notified the Bank that the FDIC was reviewing the facts and circumstances to determine if a Civil Money Penalty was merited for the UDAP violations. This notification of a potential enforcement action temporarily suspended the Banks’ right to appeal the facts and circumstances forming the basis for the potential action, including the underlying apparent violations. |
Division of Risk Management Supervision | 2/15/2024 | Asset Quality rating and Matter Requing Board Attention concerning commercial real estate concentration risk management. | The Director determined the assigned Asset Quality rating and the Matter Requing Board Attention concerning commercial real estate concentration risk management were appropriate. |
Division of Depositor and Consumer Protection | 1/16/2024 | Apparent violation of the Fair Housing Act (FHA) related to lending activities. | The Director determined there was insufficient evidence to support the FHA violation. As such, the bank’s Report of Examination and CRA Performance Evaluation will be updated to remove the violation. |
Division of Risk Management Supervision | 1/3/2024 | Capital, Asset Quality, Management, Earnings, Liquidity, and Sensitivity to Market Risk Component ratings and Composite rating. | The Director agreed to change the Asset Quality rating; however, the ratings for Capital, Management, Earnings, Liquidity, Sensitivity to Market Risk, and the Composite rating were deemed appropriate. |
Division | Date | Determination(s) Contested | Decision |
---|---|---|---|
Division of Depositor and Consumer Protection | 12/19/2023 | Review of the Community Reinvestment Act (CRA) rating. | The Director responded to the request for review by sending a letter which indicated that the disputed CRA rating is being vacated and the Region will withdraw the CRA Performance Evaluation and assign a CRA rating after completion of additional analysis of 2021 small business lending data. |
Division of Depositor and Consumer Protection | 11/13/2023 | Review of determinations set forth in Report of Examination and CRA PE. | The Director responded to the request for review by sending a letter which indicated that because the FDIC issued a Notice of Charges, the bank may contest any material supervisory determinations through the administrative enforcement process. |
Division of Risk Management Supervision | 10/2/2023 | Re-classification of Held-to-Maturity securities portfolio as Available-for-Sale. | The Director concurred with the examination determination. |
Division of Risk Management Supervision | 9/28/2023 | Management rating. | The Director concurred with the assigned Management rating. |
Division of Risk Management Supervision | 9/8/2023 | Management rating, level of fulfillment of Consent Order and Matters Requiring Board Attention, and apparent violations of the Bank Secrecy Act. | The Director concurred with each of the examination findings. |
Division of Risk Management Supervision | 5/26/2023 | Apparent violation of Federal Reserve Board Regulation O. | The Director concurred with the citation of the apparent violation. |